Statutory Instruments
2015 No. 1881 (L. 22)
Senior Courts Of England And Wales
County Court, England And Wales
The Civil Procedure (Amendment No. 5) Rules 2015
Made
10th November 2015
Laid before Parliament
12th November2015
Coming into force in accordance with rule 2
The Civil Procedure Rule Committee, having power under section 2 of the Civil Procedure Act 1997( 1 ) to make rules of court under section 1 of that Act and after consulting in accordance with section 2(6)(a) of the Civil Procedure Act 1997, makes the following Rules:
Citation, commencement and interpretation
1. These Rules may be cited as the Civil Procedure (Amendment No. 5) Rules 2015.
2. These Rules come into force on 3rd December 2015.
3. In these Rules a reference to a rule by number alone means the rule so numbered in the Civil Procedure Rules 1998( 2 ).
Amendments to the Civil Procedure Rules 1998
4. In rule 26.2A—
(a) in paragraph (2), for “the preferred court or the defendant’s home court or such other court”, substitute “the defendant’s home court or the preferred hearing centre or other County Court hearing centre”;
(b) in paragraph (3)—
(i) after “if the defendant is an individual”, insert “and the claim is for a specified sum of money”; and
(ii) for “will”, in each place it appears, substitute “must”;
(c) in paragraph (4)—
(i) for “will”, substitute “must”; and
(ii) for “preferred court”, substitute “preferred hearing centre”; and
(d) for paragraph (5), substitute—
“ (5) If, on their directions questionnaire—
(a) a defendant under paragraph (3) has specified a hearing centre other than the defendant’s home court; or
(b) a claimant under paragraph (4) has specified a hearing centre other than the preferred hearing centre,
the claim must be sent to that other hearing centre. ” .
The Right Honourable Lord Dyson, MR
Stephen Richards, LJ
Mr Justice Coulson
His Honour Judge Martin McKenna
District Judge Michael Hovington
Edward Pepperall QC
Richard Viney
Andrew Underwood
I allow these Rules
Signed by authority of the Lord Chancellor
Shailesh Vara
Parliamentary Under Secretary of State
Ministry of Justice
10th November 2015
1997 c.12 . Section 2(1) was substituted by the Constitutional Reform Act 2005 (c.4) , section 15 and Schedule 4, Part 1. Section 1(3) was substituted by section 82(1) of the Courts Act 2003 (c.39) and further amended by the Constitutional Reform Act 2005, sections 15 and 146 and Schedule 4, Part 1, paragraphs 261 and 262 and Schedule 18, paragraph 2. Section 1(1) was amended by the Crime and Courts Act 2013 (c.22) , section 17(5) and Schedule 9, Part 3, paragraph 67(a).
S.I. 1998/3132 , to which there are relevant amendments in S.I. 2011/3013 , S.I. 2013/262 , S.I. 2014/407 and S.I. 2014/867 .