District Judge Michael Walker looks at the 15 changes introduced by the 34th update of the Civil Procedure Rules 1998 (CPR).

Unless the contrary is shown, they are already in force

One (effective 1 May 2004)A new practice direction PD5B provides for parties in specified courts either to communicate with the court or to file specified documents by e-mail, possibly via the online forms service, which currently contains 19 of the most commonly used forms.

But the practice direction only applies to those courts that have published an e-mail address on the Court Service Web site.

At the moment, they are the Commercial Court and the county courts at Preston, Walsall, Leicester, Basildon and Coventry.The previous version of the practice direction provided for an auto-response to be sent by the court when e-mails were received.

But there were problems if the sender's computer then sent an auto-response to the auto-response, which triggered another auto-response.

Not surprisingly, that function had to go.

TwoContinuing the incremental introduction of information technology into the courts, the Money Claim Online facility - which as a 'virtual court' now issues more civil cases than any 'real' court - is no longer a pilot but a fully fledged part of the CPR.

This is by virtue of a new rule 7.12 and a revised paragraph 1.1 to PD7E.

ThreeThe ability to conduct hearings at Newcastle County Court by telephone is to continue to 27 February 2005.

And a revision to PD23B also provides for the pilot scheme for telephone hearings to be extended to include Bedford and Luton County Courts, again until next February.

Four (effective 1 May 2004)Raise in a statement of case an issue relating to the application of articles 81 or 82 of the EEC Treaty (that is, a competition law claim) and the court must transfer the proceedings to the Chancery Division at the Royal Courts of Justice (new rule 30.8).

Additionally, there is a new practice direction dealing with competition law claims.

FiveUnderstanding the Proceeds of Crime Act 2002 is a burden enough for most solicitors.

But get involved in taking a deposition from a person outside the jurisdiction for the purposes of a civil recovery under part 5 of the act and a new rule 34.13A has to be remembered as well.

SixRule 45.10 deals with the disbursements that might be recoverable in road traffic accidents occurring on or after 6 October 2003 under the fixed recoverable costs-only procedures of part 45, section II.

Rule 45.10(2)(b) provides for the recoverability of 'the amount of an insurance premium'.

An amendment now clarifies that membership organisations may recover as part of the costs of the case a sum that reflects the provision the organisation had to make to meet the liabilities of the member whose case it has underwritten, otherwise known as 'the self-insurance element'.

The earlier formulation of the rule inadvertently prevented recovery of this notional sum.

Seven(effective 1 March 2004)While on fixed recoverable costs, rule 45.11 now provides for the much-trumpeted 12.5% success fee where there is a funding agreement; previously the success fee had to be agreed or assessed by the court.

EightUntil 5 July 2004, all requests for detailed assessments of the costs payable by one party to the other in civil proceedings that otherwise would have been lodged at any of the 15 courts in the London County Court group, must be lodged instead with the Supreme Court Costs Office.

The new PD47 clarifies which courts are affected.

Nine (effective 1 April 2004)There are two small but significant amendments to costs practice direction paragraph 19.4(3), which deals with the information that must be given when disclosing details of a funding arrangement.

It now also requires the address of the insurer and the policy number to be stated on form N251, which is amended to suit.

Ten (effective 1 April 2004)No update is complete without changes to the part 52 appeals rules.

The first is rule 52.12, which is amended to make it clear that a part 36 offer or payment is not to be disclosed to a judge hearing or determining an application for permission to appeal until all questions (other than costs) have been determined.

ElevenEffective immediately, on the other hand, is the second amendment to the appeal rules.

At the request of a party, a hearing will be held to reconsider a decision made without a hearing by either a single judge or a court officer.

A new rule 52.16(6A) provides that the request for the reconsideration must be filed within seven days of service of the earlier decision.

TwelveTo take account of the implementation of the Extradition Act 2003, paragraph 19 of PD52 disappears and instead a new paragraph 22.6A sets out in some detail the procedure for appeals under that Act.

Thirteen (effective 1 April 2004)The Courts Act 2003 section 99 abolished the requirement of a writ of execution issued from the High Court to be directed to a sheriff and provides instead for the authorisation of High Court enforcement officers.

As a result, there are numerous amendments to the Rules of the Supreme Court (RSC) covering orders 45 to 47 (enforcement) and RSC order 17 and County Court Rules (CCR) order 16 dealing with interpleader situations.

Fourteen (effective 1 April 2004)This provides some good fortune for those against whom an order for committal has been outstanding for more than two years.

A new RSC order 52 rule 7A and a new rule under order 29 of the CCR (rule 1(5A)) say that a further court order is now required to enforce the warrant for the arrest of the contemnor if the warrant remains unenforced for more than two years.

FifteenCCR order 49 rule 17 (which deals with proceedings relating to discrimination) is amended to cope with the Employment Equality (Religion or Belief) Regulations 2003 and the Employment Equality (Sexual Orientation) Regulations 2003.

District Judge Walker sits at Wandsworth County Court and is a contributor to Jordan's Civil Court Service