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Wednesday, 2 April 2014

70th, 71st and 72nd updates to CPR published

Three updates to the CPR have recently been made (72nd probably the most important to look at)

70th Update: Introduces changes to implement s.64 of the Tribunals Courts and Enforcement Act 2007, which requires all enforcement agents to be certificated unless exempt under s.63.

71st Update: Introduces changes to establish a Planning Court specialist list, overseen by a judge nominated by the President of the Queen’s Bench Division. Planning cases of particular significance will be listed and heard in line with timescales set down in the attached Practice Direction.

Please note that there is an error in Statutory Instrument SI 2014 No.610 (Planning Court). The words “considers appropriate” as shown in red in the extract from the Statutory Instrument shown below have been omitted from the published Statutory Instrument. This is omission is being rectified by a correction slip.
“General
54.21.—(1) This Section applies to Planning Court claims.
(2) In this Section, “Planning Court claim” means a judicial review or statutory challenge which —
(a) involves any of the following matters —
(i) planning permission, other development consents, the enforcement of planning control and the enforcement of other statutory schemes;
(ii) applications under the Transport and Works Act 1992;
(iii) wayleaves;
(iv) highways and other rights of way;
(v) compulsory purchase orders;
(vi) village greens;
(vii) European Union environmental legislation and domestic transpositions, including assessments for development consents, habitats, waste and pollution control;
(viii) national, regional or other planning policy documents, statutory or otherwise; or
(ix) any other matter the judge appointed under rule 54.22(2) considers appropriate; and
(b) has been issued or transferred to the Planning Court.
(Part 30 (Transfer) applies to transfers to and from the Planning Court.)”

Full details and links to the Statutory Instruments and PD Making Documents for the 70th and 71st Updates are on the CPR website at:

http://www.justice.gov.uk/courts/procedure-rules/civil 

72nd Update:

(1) Sets out amendments to provide clarification of the rules introduced in 2013 which extended the courts’ management powers in respect of costs. Cases to which cost management will apply and costs budgets are to be filed is more clearly defined and limited to Part 7 Multi-track claims except where the claim is valued at £10m or more. In other types of case the court will have the discretion to implement costs management and parties will be able to apply for costs management if it is deemed appropriate by the circumstances of the individual case.

(2) Makes amendments to provide that certain permission applications in relation to committal for interference with the due administration of justice or in relation to committal for making a false statement of truth or disclosure statement can be made to any single judge of the High Court rather than only to a single judge of the Queen’s Bench Division.

(3) Makes amendments consequential on changes to the CPR in relation to enforcement and the implementation of the single County Court on the coming into force of provisions in Section 17 of, and Schedule 9 to, the Crime and Courts Act.

The Statutory Instrument for 72nd Update can be seen at http://www.legislation.gov.uk/uksi/2014/867/contents/made. The PD Making Document has not as yet been finalised but will be published in due course.

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