Human RightsPart 39 - miscellaneous provisions relating to hearings PD.

Paragraph 1.4A requires that, in general, court hearings be conducted in public.

The various exceptions appear in paragraph 1.5 and include landlord and tenant possession claims based on rent arrears.

The judge is expressly required to have regard to article 6(1) of the European Convention for Human Rights in deciding whether to exclude press and public from a hearing.

Other amendments require company representatives to file particulars of their standing and provide for the supply of transcripts of a tape-recorded hearing or trial.Part 39B - Court sittings practice direction (PD) is new and relates to vacation business.

It appears not to apply to district judges.Last ordersPart 40 - accounts, enquiries etc PD is new.

It largely restates the former practice in the Civil Procedure Rules 1998 (CPR) terminology and applies the provisions to the county court.40B - judgments and orders PD sets out the requirements for drawing up judgments and orders, amending them and endorsing a penal notice.40C - structured settlements PD is new.

It sets out the procedure to obtain an order that provides for the payment of a sum by way of instalments for the remainder of the claimant's life and contains an example of a form of order.Part 41 - provisional damages PD is new.

It restates the current practice and contains an example of a form of judgment for provisional damages.Part 42 - change of solicitor PD is new but the procedure it sets out will be familiar.

The form of application to remove the solicitor from the record can now contain the evidence supporting the application.

Do not forget the statement of truth.

And do not forget that the only way for a solicitor to extricate him or herself from a legally-aided client is to report to the Legal Aid Board with a view to the certificate being discharged.That's enoughRule 48 on costs has been revised.

Rule 48.4 contains a presumption that trustees are entitled to be indemnified against their costs from the trust fund unless the court finds that they have not acted for the fund's benefit.

Rule 48.8(1A) may come as an unwelcome reminder of section 74(3) of the Solicitors Act 1974.

After an assessment of the costs of a claim in the county court, a solicitor cannot charge his client more than the paying party is ordered to pay, unless - and this is the change effected by rule 48.8(IA) - there is a written agreement that expressly permits the recovery of additional solicitor and client costs.

The prohibition applies to all retainers to conduct contentious business in a county court and not just to conditional fee agreements.It is anticipated that a future amendment will exempt orders for summarily assessed costs from registration in the Register of County Court Judgments.A little bit more and a little bit lessPart 49 relates to specialist proceedings.

There is a new Chancery Court users' guide available from the Court Service.Part 49A - contentions probate PD replaces RSC order 76 and CCR order 41.

It contains an 'odd man out' procedure and requires that affidavits and not statements shall contain the evidence.Part 49B - companies Act and Insurance Companies Act PD replaces with modification RSC order 102 and CCR order 49.

Paragraph 4 contains another odd man out procedure in listing the applications that must continue to be made by petition.

Company law practitioners should note that the PD issued in March was amended in April to include provisions that relate to contributories' petitions under ss 459 and 127 of the Companies Act 1985.

The PD allocates Company Act business to the multi-track.

Allocation questionnaires are not required.

Apparently evidence can be by affidavit or statement.Part 49C - technology and construction court (TCC) PD - replaces with modifications RSC order 36.

Paragraphs 4 and 5 contain substantial mod ifications to part 29, multi-track, case management provisions.

The PD contains two forms of allocation and listing questionnaire specific to the TCC.Part 49D - Commercial Court PD - replaces with modifications RSC order 72.

The PD directions disapplies the Part 29 multi-track case management provisions and it specifically incorporates the Commercial Court Guide 5th edition that was introduced at the same time as the CPR.Part 49E - patents PD - replaces with modification RSC order 104, 100 and 93 and CCR order 48A and 49.Part 49F - admiralty PD - replaces with modifications RSC 75.

Admiralty jurisdiction will be restricted to the Admiralty Registry in the RSC and county courts will not issue admiralty claims after 26 April.Part 49G - arbitration PD - replaces with modifications RSC 73.Part 49H - Mercantile Courts and business list PD.

The current local PDs will be abolished when the new Mercantile Courts and Business Lists Guide is published.

Local PDs will continue in force for the time being.

Cardiff is to have a Mercantile Court.The service out of the jurisdiction PD supplements RSC order 11 (schedule 1 CPR).

If the claim is to be served in the Solomon Islands, the content of this PD will be familiar.The sale of land by order of the court PD - supplements RSC order 31 and now applies the provisions to enforce an order for the sale of land to county court claims.The committal applications PD is supplemental to RSC order 52 and CCR order 29 (schedules 1&2 to the CPR).

The PD applies to any application for an order for the committal of a person to prison for a contempt of court.

Subject always to the over-riding objective, the PD provides a self-contained procedure.

The PD prescribes the form of application, whether in a new claim or within existing proceedings.

The evidence requirements, affidavits and case management provisions, are set out.The Protocols PD - is amended and now refers specifically to the Personal Injury and the Clinical Negligence Protocols.

As and when new protocols are approved a PD will specify the date after which the court will expect compliance.

In post-26 April actions the court will not treat the parties as in default of the existing protocols if either they have complied with the spirit of the protocols, or if they have not had time to comply since 31 January 1999.Not only, but alsoThe PD on insolvency proceedings replaces all previous practice notes and practice directions in the new terminology with modifications.

The PD applies to both personal and corporate insolvency.The Family Proceedings (Costs) Rules1991 have been revoked.

Parts 43, 44 (except rr 44.9 to 44.12), 47 and 48 of the CPR have been applied to family proceedings which are governed by the Family Proceedings Rules 1991 and other family proceedings by the Family Proceedings (Miscellaneous Amendments) Rules 1999 SI 99/1012 which came into force on 26 April 1999.

The Insolvency Proceedings (Amendment) (No 2) Rules SI 99/1022 which also came into force on 26 April 1999 perform a similar function in relation to insolvency proceedings as to parts 43, 44, 45, 47 and 48.