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The Civil Procedure (Amendment) Rules 2022 and the 140th Practice Direction update

The Civil Procedure (Amendment) Rules 2022 and the 140th Practice Direction update came into force on 6 April 2022

The rule amendments were in respect of:

  • Digital Notice of Change
  • Acknowledgement of Service
  • Default Judgment
  • Small Claims Track limit
  • Anonymisation
  • Authorised Costs Officers

Amendments to CPR 2 and CPR 42 now allows the notice of change of solicitor to be filed online.

Part 10 (acknowledgment of service) and Part 12 (default judgment) have been replaced to reflect the current work by the Committee to simplify and condense the rules. These changes remove PD10 and PD12, therefore rather than being procedure they are now substantive Rules.

The small claims track limit for non-RTA PI claims has increased from £1,000 to £1,500 (where the cause of action or date of knowledge is on or after 6 April 2022).

In response to the case of Brearley v Higgs & Sons (a Firm) [2021] EWHC 1342 (Ch), CPR 39 has been widened to grant anonymity to a person rather than the current “party or witness”.

In terms of legal costs, the cases of PME v The Scout Association [2019] EWHC 3421 (QB) and PME v The Scout Association [2019] EWHC B10 (Costs) triggered a rule change. CPR 47.3(1)(b)(ii) has been amended to remove the authorised costs officer’s power to impose a sanction for any delay in requesting a detailed assessment hearing. The authorised costs officer did not possess the power to impose a sanction for late commencement in any event and therefore this rule change has been made for clarity purposes. Consequently, the practical effect of this is limited.

The rule changes can be viewed here Civil Procedure (Amendment) Rules 2022 & 140th Practice Direction Update | Courts and Tribunals Judiciary.

If you require any assistance with your legal costs requirements, please do get in touch with the team on 01733 350 880, or by email mail@aandmbacon.co.uk. For more information please do visit our website www.aandmbacon.co.uk.

Author – Sue Fox

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