The Lord Chancellor's Department (LCD) released the eleventh update to the Civil Procedure Rules (CPR) on 28 January, most of which will come into effect on Monday, 14 February 2000.

However, the LCD also intends to publish a new statutory instrument on 7 February containing new CPR to come into effect on 2 May 2000.

It is expected to cover such topics as:-- service out of the jurisdiction (by way of a part II to part 6 of the CPR );-- parties and group litigation (a new Part 19);-- security for costs (new rules 25.12 -- 25.15);-- appeals (a new Part 52);-- a raft of over 30 miscellaneous provisions.There will be more about all those in later articles.

But defamation has been treated differently: provisions relating to that subject both in the proposed statutory instrument (a new part 53), and in the eleventh update just released, will come into effect on 28 February 2000.Service of particulars of claimPD7 paragraph 6.1(2) says that where a claimant does not include the particulars of claim in the claim form then they may be served separately -- either at the same time as the claim form or within 14 days after service of the claim form provided that service of the particulars is not later than (my italics) four months from the date of issue of the claim form (or six months where the claim form is to b e served out of the jurisdiction).That provision was not quite in agreement with rule 7.5, which refers to service within (my italics) either four or six months after the date of issue.

The practice direction is to be amended to bring it into line with the rule.Wasted costsPD48 paragraphs 2.1 through to 2.7 (no prizes for remembering why at the moment there is no paragraph 2.8) have been rewritten with effect from 14 February.

The primary source material is rule 48.7 and that, of course, remains unchanged.

But the mechanics will now be clearer.

Applications for wasted costs are still best left to the end of the trial, for very obvious reasons, but anyone making such an application may either apply on a part 23 application or make an application orally in the course of any hearing.

No longer is it necessary to give at least three days' written notice.Any part 23 application for a wasted costs order, and the evidence in support, must identify what the legal representative is alleged to have done or not to have done and the costs that he may be ordered to pay (see the revised PD48 para 2.8).All this is in addition to the court's power to make a wasted costs order on its own initiative.The factors the court must consider before making a wasted costs order (PD48 para 2.4) -- the directions the court will give to ensure a fair but summary hearing (PD48 para 2.5), and the two-stage process of establishing a prima facie case and then hearing representations from the solicitor considered liable to pay (PD48 para 2.6) -- remain the same as now.But a revised para 2.7 makes it clear that on an application for a wasted costs order under Part 23 the court may proceed to the second stage without first adjourning the hearing if it is satisfied that the legal representative has already had a reasonable opportunity to give reasons why the court should not make a wasted costs order; in other cases, the court will adjourn the hearing before proceeding to the second stage.

The rationale is presumably that the issuing of the part 23 application itself usually gives the solicitor the period of reflection otherwise afforded by adjourning from the first to the second stage.FormsSeveral of the costs forms get a makeover in the most recent release.

Affected are the costs forms 1 (N260), 5 (N252), 8 (N258) and 15 (EX80A).The text at the bottom of the N260 statement of costs form used on summary assessments is amended as it originally suggested four grades of fee-earner; now it suggests only three, to bring it into line with the three grades of fee-earner referred to in the Guide to the Summary Assessment of Costs.

They are:(1) solicitors of at least four years' post-qualification experience;(2) other solicitors, legal executives and fee-earners of equivalent experience; and(3) trainee solicitors and fee-earners of equivalent experience.Only Fellows of ILEX are 'legal executives'; those who are not Fellows are in principle not entitled to the same hourly rate as a legal executive.The amendments to the N252 just tidy up the drafting.

However, the request for detailed assessment form will now be in two formats; an N258 request in non-legal aid cases and an N258A request in legal aid-only cases.Moving away from costs, insignificant amendments have also been made to the italicised instructions on the Form 9C (that's the form of admission to be used where the claim is for an unspecified amount, if anyone had forgotten) and the opening times on the Admiralty form ADM1.Part 36 offers also are affected by the eleventh update in as much a s the text of the N242A notice of payment into court in settlement and the instructions relating to bank details in the N243 notice of acceptance of payment into court are both altered.

A solicitor paying into court will now have to state the cumulative amount in court.DefamationWhat can be said on a topic like this in less than 400 words? The experts will no doubt be considering the text of the forthcoming part 53 and the practice direction PD53 that supplements it most carefully.

On 28 February RSC Order 82 will be revoked and paragraphs 8 and 15 of the existing PD16 will also disappear.

At long last, the whole of the Defamation Act of 1996 will be in force.Rule 53.2, when in force at the end of February, will introduce the procedure for summary disposal of claims under the Defamation Act 1996.

One novel provision is that the judge, when hearing a summary disposal application, may direct the defendant to elect whether or not to make an offer to make amends under section 2 of the Act.The new Practice Direction 53 is in six parts, and deals comprehensively with:-- the content of the statements of case of both claimant and defendant;-- the procedure when the court deals under sections 2-4 of the 1996 Act with an offer of amends, including the evidence which will have to be filed in support;-- the procedure where a prompt application is made under section 7 of the 1996 Act to the court for a ruling on the meaning of a statement;-- summary disposal under section 8 of the 1996 Act;-- the granting of permission to make a statement in open court before or after a party accepts a part 36 offer or part 36 payment, and;-- a transitional provision relating to section 4 of the Defamation Act 1952.All that, as has been said already, is for the experts.

The devil, as always, is in the detail.-- Update 12 is due to be released on 28 February 2000.

It promises to be a busy year for afficionados of the Civil Procedure Rules.