CPR update 29: seconds out for round two

District Judge Michael Walker continues his summary of the latest CPR update with more changes coming into force on 2 December 2002.

The first part of this article appeared in the Gazette last week.

If your clients reside beyond Dover or Carlisle, then have a look at the new provisions in rules 34.16-34.21 of the Civil Procedure Rules 1998 (CPR) (and the new supplemental provisions in practice direction 34, paragraphs 6.3 and 6.4) dealing with evidence for foreign courts.

Or, if your speciality is references to the European Court, then part 68 with practice direction 68 are a must.

If it is enforcement of judgments in different jurisdictions (enforcement of our judgments abroad or vice versa) then part 74 (a snip at 26 rules) with practice direction 74 (just another ten pages) are an essential read.

Costs

While battles on costs wage all around, rule 44.12A will be amended to make it clear that all the court can do in costs-only proceedings is either make an order for costs to be determined by detailed assessment or (and this it must do when the claim is opposed) dismiss the claim.

Paragraph 17.9 of the Costs Practice Direction (practice direction 43-48), makes it clear that 'opposed' does not mean the defendant simply filing an acknowledgment of service saying that he disputes the amount of costs claimed.

And, lest you forget, a new form N210A acknowledgment of service reinforces the point.

If you wish to charge your client for any percentage increase disallowed on assessment then the court may adjourn to allow your client to be separately represented (rule 44.16).

Ever been confused over the costs a litigant in person may seek to recover? Then a revised rule 48.6(3), (4) may help.

A litigant cannot, save for disbursements, recover more than two-thirds of the amount which would have been allowed if the litigant had been legally represented.

Or perhaps your worst nightmare has occurred and you are ordered to pay wasted costs.

In that case, the court making the order must now either specify the amount disallowed or to be paid or direct that a cost judge or district judge decides the amount of the costs to be disallowed or paid (rule 48.7(4)).

Cost officers at senior executive level will be able to assess bills up to 30,000 excluding VAT (up from 17,500); the jurisdiction of principal officers rises from 35,000 to 75,000.

Paragraph 37.1(2) of the Costs Practice Direction will now require a request for a default cost certificate to be accompanied by a copy of the document(s) giving the right to a detailed assessment.

There is a reminder in the revised request form N254.

And finally, interest on the costs of detailed assessment proceedings runs from the date of the default, interim or final costs certificate as the case may be.

However, paragraph 45.5 of the Costs Practice Direction, also stresses that this provision applies only to the costs of the detailed assessment; the costs of the substantive proceedings are governed by rule 40.8(1).

A few for the experts

Practice direction 37 contains new provisions relating to payments into court by life assurance companies, or by trustees under section 63 of the Trustee Act 1925.

Or perhaps you have a penchant for accounts and inquiries before Master or district judges - in which case see the new paragraphs 9-15 in practice direction 40.

If you handle the litigious aspects of estate or trust administration or charity proceedings then take a look at the new part 64 and its two supplemental practice directions.

And if that does not leave you exhausted, try the new part 69 and practice direction 69 dealing with the court's powers to appoint a receiver.

Permission to appeal

Rule 52.3(7) enables a court to grant permission to appeal on a limited number of issues only rather than a blanket permission to appeal everything.

Paragraphs 4.18 and 4.19 of practice direction 52 now tighten up the procedure as to how the court will deal with the other issues.

If you are unclear as to what to do or how to get the court to reconsider its decision, read paragraphs 4.20 and 4.21.

As for the costs of permission applications, note the new paragraphs 4.22-4.24 of practice direction 52.

Miscellany

Under paragraph 13.1 of practice direction 52 (appeals), an appeal court will not normally make an order on paper allowing an appeal unless satisfied that the decision of the lower court was wrong, but the appeal court may allow the appeal 'if it is satisfied that there are good and sufficient reasons for doing so'.

That would have to be on the papers alone, which is not easy.

If your appeal bundle exceeds 750 pages then paragraph 15.11A of practice direction 52 imposes on you an obligation to file a core bundle of not more than 150 pages.

That's tough on the other 600.

Ever thought of intervening in judicial review proceedings? After 2 December don't even give it a thought without looking at paragraph 13.3-13.5 of practice direction 54.

There are also new judicial review forms: N461 (claim form), N462 (acknowledgment of service) and N463 (application for urgent consideration).

Landlord and tenant claims under part 56 may be issued in either the High Court or in the county courts.

If you can certify your reasons for choosing the former, then remember to issue in the Chancery Division to which all such claims are assigned (practice direction 56, paragraph 2.6).

Continuing the policy of incorporating the old Rules of the Supreme Court and the County Court Rules into the main body of the CPR, claims under the Inheritance (Provision for Family and Dependants) Act 1975 are now to be found in an expanded part 57, and, of course, practice direction 57 as well.

A district judge's nightmare can be drafting the order to enforce a charging order by sale even though the claimant should have provided a draft.

Help is now at hand in practice direction 73, which annexes two draft orders, one of which deals with the tricky situation where the property is owned by the judgment debtor and another person.

The rules committee has presumably now decided that the interim possession order procedure complies with the Human Rights Act.

It has moved from schedule 2, order 24, part II of the County Court Rules into rules 55.20-55.28.

There are new forms (N130, N133, N134 and N136) as well.

District Judge Walker sits at Wandsworth County Court and is a contributor to the publication Civil Court Service