Focusing on the new practice directions

District Judge Michael Walker takes a detailed look to the latest updates to the Civil Procedure Rules 1998

All the 13th update revisions will come into effect on 2 May 2000.

On the same day, the Civil Procedure (Amendment) Rules 2000 will be implemented.

Some of the new practice directions have already been considered in earlier articles.Powers of the court in relation to landPractice direction 40D is essential reading when involved with the sale of land under a court order.

It supplements rules 40.15 to 40.19, which are themselves introduced on 2 May.

Do you need to know what directions the court should give or who can bid, or what charges can be recovered? Well, PD40D is the answer to all these questions.Group litigationThe courts have in the past somehow coped with large-scale disaster claims or group actions.

The Marchioness disaster, the benzodiazepine litigation...

the list is lengthy.

The approach, to date, has been pragmatic.

That will change from 2 May, with the introduction of new Civil Procedure Rules 19.10 to 19.15, and an equally new PD19B.

The scheme of the new rules reflects considerable consultation with the major players in group litigation, not least the solicitors and the insurers.

The main innovation is that of a Group Litigation Order (GLO).

If there are, or are likely to be, a number of similar claims, then the court is asked to make a GLO.Such an order would include directions for the maintenance of a group register, specify the GLO issues and specify the court to manage the claims.The rules go on to specify the effect of the GLO, how the GLO is to be case managed, how names can be added to and removed from the register and what happens if a test case is settled.The flesh on it all is provided by the practice direction, PD19B.

It makes it mandatory for the Law Society's multi-party action information service to be consulted before an application is made for a GLO.Another useful innovation is that while a managing judge will be appointed, with a master or district judge to deal with procedural matters, the court can also appoint a costs judge to assist on the costs issues of the GLO.

The judge may also attend case management hearings by invitation.Homelessness appealsThe Times on 28 March 2000 carried a report of Crawley BC v B.

The facts are not of relevance for this article.

What is of note is that a district judge heard the appeal under s204 of the Housing Act 1996.

The case then went to a circuit judge and up to the Court of Appeal.

Their Lordships, in the guise of the Vice-Chancellor, indicated some surprise that the original appeal was heard by a district judge, as these hearings are quasi-judicial review in nature and best suited to be heard in the county court by the circuit judge.

The Vice-Chancellor indicated he would issue a PD making it clear that s204 appeals should only be listed before circuit judges: that he has now done by adding a paragraph 9A to PD2B.Fax, fax, and more faxThe over-use of faxes to the court is a serious problem.

A fax is received, and the court file and fax is passed to District Judge A for a decision.

The hard copy letter is received the next day, but the file cannot be found as a district judge has it; the letter is passed to District Judge B.

There is no immediate response, so another fax is sent...

The picture is easy to see.To help deal with this problem, PD5 paragraph 5.3, devoted to the filing of documents by fax, is revised as from 2 May.

When filing by fax, there is no need to send in a hard copy.

If a document is faxed after 4pm, it is deemed filed on the next business day.

The time and date of any hearing should be prominently displayed on the fax - it is surprising how often this sensible provision is overlooked.

PD5 paragraph 5.3(8) says that faxes should not be used, except in an unavoidable emergency, to deliver either a document which attracts a fee (it's rather difficult to fax the cheque as well), or if the document is a part 36 payment notice (same problem again!), or if the document relates to a hearing less than two hours ahead (turn up early and give whatever it may be to the usher instead), or if the documents are trial bundles or skeleton arguments.If a document is faxed where a fee is payable or a payment into court is to be made, the fax should explain the reasons for the emergency and include an undertaking either to despatch the cheque by post that day or to deliver it personally to the court the next business day.The Competition Act 1998Sometimes the reason for a change to the PDs can be mildly elusive.

This is a prime example.

PD16, which deals with the content of statements of case, is amended by a new final paragraph requiring findings of the Director-General of Fair Trading under s58 of the Competition Act 1998 to be pleaded in detail.

What triggered that amendment, one wonders?AdmiraltyOnce again, PD49F is tweaked.

There's a new paragraph dealing with offers to settle in collision claims (paragraph 4.8) and there is a wholly new paragraph 17.5 making provision for release from arrest when the Admiralty Registry is closed.

In consequence, paragraph 6.6(2) is also amended.FormsFour forms are amended:X Form 208C (the notes to a Part 8 defendant) contains an amended statement of truth.

The earlier version contained a typographical error.X Form N252 (Notice of Commencement of Assessment of Bill of Costs) contains an erroneous note referring to the Late Payment of Commercial Debts (Interest) Act 1998.

That is now deleted.X Form 260 (Statement of Costs - Summary Assessment) is also corrected to remove a typographical error, and will henceforth also say that routine communications should be treated as attendances, charged at one-tenth of the hourly rate.

No great surprises there!X Form EX80A (Legal Aid Assessment Certificate) is amended to include the words 'petitioner', 'respondent', 'defendant' and 'assessed'.And finally, two warningsThose who have the Stationery Office blue books should not throw out the old 1999 edition; until 2 May it contains the applicable rules and PDs.

And secondly, the latest Stationery Office update to which this article has related is filed in the new, recently published, 2000 edition of the blue books.

That's all ripe for confusion!District Judge Walker sits at Wandsworth County Court and is a contributor to Jordan's Civil Court Service.