CPR Update 6 April 2022
The Civil Procedure (Amendment) Rules 2022 and the 140th Practice Direction update can be summed up in two words – tidying up.
The sub-headings cover:-
- Digital Notice of Change
- Acknowledgement of Service
- Default Judgment
- Small Claims Track limit
- Anonymisation
- Authorised Costs Officers
In terms of costs amendments these cover the small claims track and authorised costs officers.
The small claims track limit for non-RTA PI claims will be increasing from £1,000 to £1,500 (where the cause of action or date of knowledge is on or after 6 April 2022), Part 10 (acknowledgment of service) and Part 12 (default judgment) are getting substantial re-writes and there are a few very minor changes to other parts.
In direct costs terms, there is one change, in that CPR 47.3(1)(b)(ii) is amended to remove from the powers of an authorised costs officer the power to impose a sanction for delay in requesting a detailed assessment hearing – they didn’t have the power to impose a sanction for late commencement anyway. The practical effect of this seems likely to be fairly limited.
Others round up – going forwards solicitors will be able to file a notice of change of solicitor online. Changes to CPR Part 10 deal with a implication to simplify the acknowledgement of service process.
Two changes have come about from recent cases. The case of Brearley v Higgs & Sons (a Firm) [2021] EWHC 1342 (Ch) has widened Part 39 to grant anonymity to a person rather the a party witness. The case of PME v Scouts [2019] EWHC 3421 QB and PME v Scouts [2019] EWHC B10 (Costs) has amended Part 47 to remove the powers of the Authorised Costs Officers – as detailed above.
At PIC we are always happy to help with all costs issues and if you’d like to find out more about how we can provide assistance with advice on small claims case and the filing process please get in touch.
You can read the rule changes here Civil Procedure (Amendment) Rules 2022 & 140th Practice Direction Update | Courts and Tribunals Judiciary
Adrian Hawley, Head of Engagement and Strategic Development