Citation, commencement and interpretation

1. —(1) These Rules may be cited as the Civil Procedure (Amendment No. 4) Rules 2021 and come into force on 1st October 2021, except as provided by paragraph (2).

(2) The amendment made by rule 12 of these Rules comes into force on 7th August 2021.

(3) In these Rules, a reference to a Part or rule by number alone means the Part or rule so numbered in the Civil Procedure Rules 1998( 2 ).

Amendments to the Civil Procedure Rules 1998

2. The Civil Procedure Rules 1998 are amended in accordance with rules 3 to 13 of these Rules.

Amendment of Part 2

3. In rule 2.3(1)—

(a) at the end of the definition of “summary judgment”, for the full stop substitute a semi-colon; and

(b) after the definition of “summary judgment” insert—

“ “tape recorded” includes (as do references to tape recording and tape recorders) recording by the use or means of any other instrument or device. ” .

Amendment of Part 21

4. —(1) In rule 21.10(2)—

(a) in sub-paragraph (a), for “the settlement of the claim” substitute “a settlement or compromise or a payment (including any voluntary interim payment) which relates to the claim”; and

(b) in sub-paragraph (b)—

(i) for “compromise of the claim” substitute “compromise or a payment (including any voluntary interim payment) which relates to the claim”; and

(ii) at the end of paragraph (ii), insert “or payment (including any voluntary interim payment)”.

(2) In rule 21.12(1A)—

(a) at the end of sub-paragraph (a), delete “or”;

(b) at the end of sub-paragraph (b), for the full stop substitute “; or”; and

(c) after sub-paragraph (b) insert—

“ (c) costs incurred where a detailed assessment of costs has been dispensed with under rule 46.4(3) in the circumstances set out in Practice Direction 46. ” .

Amendment of Part 24

5. In rule 24.3, for paragraph (2) substitute—

“ (2) The court may give summary judgment against a defendant in any type of proceedings except proceedings for possession of residential premises against—

(a) a mortgagor; or

(b) a tenant or a person holding over after the end of the tenancy whose occupancy is protected within the meaning of the Rent Act 1977 ( 3 ) or the Housing Act 1988 ( 4 ) . ” .

Amendment of Part 25

6. In rule 25.11—

(a) in the heading—

(i) after “claim” insert “or counterclaim”; and

(ii) after “out” insert “for non-payment of fees”;

(b) in paragraph (1)(a), after “interim injunction ^(GL) ” insert “in a claim to a claimant”;

(c) after paragraph (1) insert—

“ (1A) If—

(a) the court has granted an interim injunction in a counterclaim to a defendant who has brought the counterclaim; and

(b) the counterclaim is struck out under rule 3.7A (sanctions for non-payment of certain fees by the defendant) or rule 3.7AA (sanctions for non-payment of the trial fee by the defendant),

the interim injunction shall cease to have effect 14 days after the date on which the counterclaim is struck out, unless paragraph (2) applies. ” ; and

(d) in paragraph (2), after “paragraph (1),” insert “or the defendant applies to reinstate the counterclaim before the interim injunction ceases to have effect under paragraph (1A),”.

Amendment of Part 27

7. In rule 27.2(1)(h), for “and rule 39.8 (communications with the court)” substitute “, rule 39.8 (communications with the court) and rule 39.9 (recording and transcription of proceedings)”.

Amendment of Part 40

8. In rule 40.2(3), at the end insert “or any adjournment of that hearing”.

Amendment of Part 52

9. —(1) In rule 52.3(2)(a), after “made” insert “or any adjournment of that hearing”.

(2) In rule 52.12(2)(a), after “lower court” insert “at the hearing at which the decision to be appealed was made or any adjournment of that hearing”.

(3) In rule 52.13(4)(a), after “lower court” insert “at the hearing at which the decision to be appealed was made or any adjournment of that hearing”.

Amendment of Part 61

10. In rule 61.10(2)—

(a) for “If” substitute “Unless the court is satisfied that there is good reason not to do so, if”;

(b) for “may” substitute “must set”;

(c) in sub-paragraph (a), omit “set”; and

(d) in sub-paragraph (b), for “such notice” substitute “that time limit”.

Amendment of Part 70

11. For “Practice Direction 70” where it occurs in the following places—

(a) rule 70.2(1);

(b) in rule 70.5—

(i) paragraph (2A)(b);

(ii) paragraph (5);

(iii) paragraph (8),

substitute “Practice Direction 70A”.

Amendment of Part 83

12. In rule 83.8A, for paragraph (2) substitute—

“ (2) Subject to paragraph (5)—

(a) a notice of eviction must be delivered to the premises not less than 14 days before the writ or warrant is executed; but

(b) if full execution of the writ or warrant has not taken place on the day specified in a notice of eviction delivered pursuant to sub-paragraph (a) relating to the writ or warrant, a further notice of eviction must be delivered to the premises not less than 7 days before the writ or warrant is or is further executed. ” .

Amendment of the Glossary

13. In the Glossary at the end of the Rules, for the meaning of “Defence of tender before claim” substitute “A defence that, before the claimant started proceedings, the defendant unconditionally offered to the claimant the amount due.”.