Category Rule Changes

COURT FEES AND STEALTH TAXES: REPAYMENT OF TRIAL FEES TO END NEXT YEAR

Thanks to Kerry Underwood for pointing out the provisions of The Civil Proceedings Fees (Amendment) Order 2016 which comes into force on the 6th March 2017. There is a hidden “tax” in that the repayment of court fees has ended. THE NEW RULES The rules amend Schedule 1(3) of the Civil Proceedings Fee Order – […]

DESTINATION OF APPEALS: THE NEW RULES

The Access to Justice Act 1999 (Destination of Appeals) Order 2016 makes some important changes to the destination of appeals. It “simplifies” the appeals process so that, as far as possible, an appeal lies to the next level of judge. The most significant change is that an appeal from a Circuit Judge will usually be […]

NEW APPEAL RULES COMING INTO FORCE ON THE 3rd OCTOBER 2016

The Court of Appeal is attempting to deal with a backlog.  The Civil Procedure (Amendment No.3) Rules 2016 come into force on the 3rd October 2016.   The primary change is in relation to the way in which applications for permission to appeal are dealt with in the Court of Appeal. THE APPEALS THE NEW […]

NEW RULES ON COSTS CAPPING

New rules (The Civil Procedure (Amendment No.2) Rules 2016 were passed yesterday which amend CPR Part 3 in relation to costs capping. They are of relatively limited ambit, applying only to Judicial Review applications.  They replace protective costs orders in relation to judicial reviews. KEY POINTS There are now provisions for judicial review costs capping […]

DOES COSTS BUDGETING APPLY TO A FATAL ACCIDENT CLAIM WHERE A CHILD IS A DEPENDANT? SOME MORE DETAIL

Over the weekend I heard two speakers on costs budgeting mention my view that costs budgeting may not now apply to fatal accident claims where children are dependants.  Given the potential significance of this, it is worth expanding my concerns. THE NEW RULE The new rules came into force on the 6th April 2016. EXEMPTION FOR […]

NEW RULES AND PRACTICE DIRECTIONS TOMORROW: THE TRANSITIONAL PROVISIONS

Following the post about the rule changes coming into force tomorrow there was some discussion about the transitional provisions. The confusion comes about partly because the SI introducing them says the same thing in different ways.  However further confusion arises because some of the changes are introduced by Practice Direction and not by the SI. […]

RULE CHANGES COMING INTO FORCE: 48 HOURS TO GO

A short, but timely, reminder that new rules come into force on the 6th April 2016. These include: No costs budgeting where the claim is brought on behalf of a child. Normally no costs budgeting when the claimant has limited or impaired life expectancy. The costs budget must be filed “not later than 21 days […]