The update, in force from 1 October 2014, makes a number of changes. Some of these are highlighted below.
Practice direction PD8B
Amendments are made in respect of reforms to the handling of low value personal injury claims, and the costs incurred. The amendments both provide for fixed costs in relation to medical reports obtained pursuant to, and deal with offers to settle in respect of, low value soft tissue personal injury claims (whiplash injuries) started under the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents. The Protocol defines both “fixed cost medical report” and “soft tissue injury claim”.
Amendments to Part 36 are made in respect of those claims which are started under the Protocol but which are no longer subject to it and instead are pursued in court. Amendments to Part 45 detail the costs allowed for certain medical reports. Amendments further provide that no fee shall be allowed for the costs of obtaining a medical report from a medical expert who has provided treatment or is associated with an expert who has provided treatment. The amendments apply to soft tissue injury claims started under the Protocol where the Claim Notification Form is sent in accordance with the Protocol on or after 1 October 2014.
Part 52 Appeals
A general provision governing the power to direct that a transcript be obtained at public expense for the purpose of an appeal is included in CPR Part 52. A respondent as well as an appellant may apply for a transcript. The exercise of the power will be subject to a “financial need” condition, and the exercise of the power will be subject to a further condition that the court is satisfied that it is necessary in the interests of justice for such a transcript to be obtained. This amendment corrects the inconsistencies in rules covering appeals in the Court of Appeal, High Court and County Court.
Rules are amended to clarify where applications for permission to appeal should be made where permission to bring judicial review proceedings and permission to appeal that decision has been refused by the Upper Tribunal. Amendments are also made to reflect different time limits allowed for appeal and to define the point at which the time for making an appeal starts.
Amendments are made in consequence of amendments to the Extradition Act 2003 made by the Anti-social Behaviour, Crime and Policing Act 2014 transferring from the Civil Procedure Rule Committee to the Criminal Procedure Rule Committee the power to make rules governing the procedure on extradition appeals to the High Court. The rules in respect of rights of appeal to the High Court against orders approving or refusing extradition made in the magistrates’ court or by the Secretary of State are omitted.
The update also makes amendments to practice directions PD5C, PD8A, PD8A, PD57B, PD65, PD67, PD83, Parts 21, 30, 54, 57, 65, 81, 83, and the Pre-Action Protocol for Judicial Review. It introduces new practice directions on references in the rules to actions done by the Court (PD2D), and the County Court at Central London Multi-Track pilot scheme (PD51I).