Citation, commencement and interpretation

1.—(1) These Rules may be cited as the Civil Procedure (Amendment No. 2) Rules 2025 and come into force in accordance with paragraph (2).

(2) These Rules come into force as follows—

(a)rules 1, 2 and 11 come into force on 12th September 2025; and

(b)rules 3 to 10 come into force on 1st October 2025.

(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(3).

Amendments to the Civil Procedure Rules 1998

2. The Civil Procedure Rules 1998 are amended in accordance with rules 3 to 11 of these Rules.

Amendment of Part 2

3. In rule 2.8(5), in the opening words, for “Subject to the provisions of Practice Direction 5C, when” substitute “When”.

Amendment of Part 5

4. In rule 5.5—

(a)in paragraph (1)(a) for “facsimile” substitute “the use of an electronic filing and case management system”; and

(b)in paragraph (2)—

(i)in sub-paragraph (b), at the end; omit “and”;

(ii)in sub-paragraph (c), at the end, for “.” substitute “;”; and

(iii)after sub-paragraph (c) insert—

“(d)modify or disapply any provision of these rules in relation to the use of any court electronic filing and case management system.”.

Amendment of Part 8

5.—(1) In rule 8.2—

(a)before “Where the claimant”, insert “(1)”;

(b)after the first set of parentheses that follow sub-paragraph (e), insert—

“(2) Except where another rule or practice direction applies, rule 7.5 and rule 7.6 shall apply with regard to the service of the claim form.”; and

(c)omit “(Rule 7.5 provides for service of the claim form)”.

(2) In rule 8.5—

(a)in paragraph (3), after “acknowledgement of service” insert “unless the defendant has indicated on their acknowledgement of service an intention to contest jurisdiction, in which case the evidence must be filed within fourteen days of filing the acknowledgment of service if no such application is made”; and

(b)in paragraph (4), for “they do so” substitute “a defendant files their evidence”.

Amendment of Part 30

6. In rule 30.8(1), after “Competition Act 1998(4)” insert “or to a claim under section 101 of the Digital Markets, Competition and Consumers Act 2024(5)”.

Amendment of Part 44

7.—(1) In rule 44.1(1), in the definition of “summary assessment”—

(a)for “heard” substitute “decided”; and

(b)after “or application” insert “or where rule 44.6(2) applies”.

(2) In rule 44.6—

(a)in paragraph (1)—

(i)in the opening words, omit “either”;

(ii)in sub-paragraph (a), at the end, omit “or”;

(iii)after sub-paragraph (a) insert—

“(b)give directions for the summary assessment of the costs to be made at a later date; or”; and

(iv)renumber what is currently sub-paragraph (b) as sub-paragraph (c);

(b)after the words in parenthesis which immediately follow paragraph (1), insert—

“(2) Where a direction has been given under paragraph (1)(b), another judge who could have decided the claim or application which gave rise to the costs order may make the summary assessment if there is good reason to do so.”; and

(c)renumber what is currently paragraph (2) as paragraph (3).

Amendment of Part 46

8. In rule 46.2, after paragraph (2) insert—

“(3) Neither rule 19.4 nor rule 20.7 applies to the joinder of a person under paragraph (1).”.

Amendment of Part 52

9.—(1) In rule 52.8(1), after “section 18(1)” omit “(a)”.

(2) In rule 52.12(3)—

(a)in the opening words, for “an appellant’s” substitute “a sealed copy of the appellant’s”;

(b)in sub-paragraph (b)—

(i)after “in any event” insert “where it is served by the appellant”; and

(ii)for “7” substitute “14”; and

(c)in the full out, for “filed” substitute “sealed”.

Amendment of Part 62

10. In rule 62.10(4) omit sub-paragraph (a).

Amendment of Part 82

11.—(1) In rule 82.11—

(a)in paragraph (2), after “paragraph (3)” insert “, (3A)”;

(b)after paragraph (3) insert—

“(3A) The special advocate may communicate with the specially represented party or the specially represented party’s legal representative with the express agreement of the relevant person and (where the relevant person is not the Secretary of State) the Secretary of State.”; and

(c)in paragraph (6)(b), after “in accordance with” insert “paragraph (3A) or”.

(2) In rule 82.23, after paragraph (1) insert—

“(1A) If the court considers that it is necessary before it can determine whether to make a declaration under section 6(2) of the Act, it may, on application or of its own motion, direct the relevant person to file—

(a)a draft response document, addressing the matters directed by the court (“a draft closed summary”); or

(b)having first considered whether a draft closed summary is sufficient to determine the matter, a defence or response, as appropriate, to one or more of the grounds identified in the claim, together with such further directions as to its content as the court considers appropriate (“a draft closed defence”);

(1B) A draft closed summary or a draft closed defence—

(a)shall be disclosed to—

(i)the court;

(ii)any person appointed as a special advocate; or

(iii)where the Secretary of State is not the relevant person but is a party to the proceedings, the Secretary of State,

but must not be disclosed otherwise; and

(b)shall not be relied upon other than in determining whether to make a declaration under section 6(2) of the Act.

(1C) A draft closed defence is not a statement of case.”.