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Blackstone's Civil Practice 2009

2009 Updates

Changes to the CPR and practice directions

The CPR are amended by the Civil Procedure (Amendment) Rules 2008 (SI 2008/2178). Corresponding changes to practice directions are made by the 47th update to practice directions.

The amendments include the following:

• The rules on service in CPR, Part 6, PD 6 and PD 6B, are completely revised and rewritten, and the new rules come into force on 1 October 2008.


• A new Service Regulation, Regulation (EC) No. 1393/2007, applies from 13 November 2008, and repeals Regulation (EC) No. 1348/2000.


• From 1 October 2008, there is a revised version of PD 40E on handing down reserved judgments.


• From 1 October 2008, there is new provision for costs orders where the successful party was represented pro bono. The payments will go to the Access to Justice Foundation (SI 2008/2680).


• From 1 October 2008, CPR, Part 56, is amend to provide for applications under the Housing Act 2004, s. 214, in relation to tenancy deposit schemes.


• There are a new CPR, Part 78, and PD 78 to provide for European orders for payment under Regulation (EC) No. 1896/2006 (for recovery of uncontested money claims) and European small claims under Regulation (EC) No. 861/2007 (which simplifies cross-border small claims litigation in civil and commercial matters). The provisions on European orders for payment come into force on 12 December 2008. The provisions on the European small claims procedure come into force on 1 January 2009.

A new pre-action protocol for mortgage repossession comes into force on 19 November 2008, click here to see the full protocol. This represents the 48th change to the CPR.

SI 2008/2853 has made minor amendments to the Civil Proceedings Fees Order 2008, relating to fees for enforcement in county courts. It has also been made clear that only individuals, not companies, partnerships or even charities, can claim remission of fees. SI 2008/2854 has made minor amendments to the Non-Contentious Probate Fees Order 2004. These amendments come into force on 26 November 2008.

SI 2008/2934 amends the High Court and County Courts Jurisdiction Order 1991. It gives the county court jurisdiction in relation to Regulation (EC) No. 1896/2006 (European orders for payment) and Regulation (EC) No. 861/2007 (European small claims). European small claims can only be commenced in a county court.

A full Updating Supplement to Blackstone's Civil Practice 2009, dealing with these rule changes and with recent developments in case law, will be available soon, both in print and on this website.