SECOND SUPPLEMENT TO THE 2010 EDITION

ERRATUM TO SUPPLEMENT TWO

ARBITRATION PROCEEDINGS – PRACTICE DIRECTION 62

Due to an unforeseen error, sections 12.5 to 12.15 of the Practice Direction to Part 62 on Arbitration—as amended by TSO Update 53, in force 1 October 2010, are missing.

The missing sections are available in PDF format here

PP.163, 64and 164A replace the current pp. 163 and 164 as found in your copy of Supplement Two.

Please accept our apologies for the error.

Access the new sections

 

This Supplement contains updating material for both Volumes of the White Book 2010, plus all content from the Special and First Supplements published earlier in the year. It is generally up-to-date to October 1, 2010.

CONTENTS INCLUDE:

  • Amendments made to the Civil Procedure Rules introduced by the Civil Procedure (Amendment No.2) Rules 2010 (SI 2010/1953) and TSO CPR Update 53, including:

      • A new Practice Direction to Part 31 on the Disclosure of Electronic Documents
      • Introduction of a County Court Provisional Assessment Pilot Scheme on Bills of Cost (Practice Direction 51E)
      • Amendments to Part 55 (Possession Claims) and CCR Order 26 (Warrants of Execution, Delivery and Possession) to allow unauthorised tenants living in a mortgaged property to apply to the court for postponement of the date of delivery of possession
      • Amendments to Part 63 (Intellectual Property Claims) and Practice Direction 63 (Intellectual Property Claims) to provide a simpler route for lower value claims
      • Amendments to Part 65 (Proceedings Relating to Anti-Social Behaviour and Harassment) as a result of Part 4 of the Policing and Crime Act 2009
      • Practice Direction 70 (Enforcement of Judgments and Orders): a streamlined process to allow enforcement of settlements negotiated by ACAS, which have not been honoured, is introduced
      • Amendments to RSC Order 115 (Confiscation and Forfeiture in Connection with Criminal Proceedings) to allow for application for a domestic freezing order certificate in conjunction with a restraint order where proceedings have been started against an individual for an offence under sections 15–18 of the Terrorism Act 2000 
      • RSC Order 116 (The Criminal Procedure and InvestigationsAct 1996) is incorporated into Part 77 (Miscellaneous Provisions in Support of Criminal Justice)

COMMENTARY ON RECENT CASES

  • New commentary on costs cases including:
  • Higgins v Ministry of Defence
  • Horth v Thompson
  • Blakemore v Cummings
  • Amin v Amin

  • New commentary on recent cases including
  • Relfo Ltd v Varsani (Part 6)
  • OCENSA Pipeline Group Litigation (Part 6)
  • Revenue and Customs Commissioners v Begum (Part 17)
  • ABC v CDE (Part 25)
  • Smith & Cooperative Group Ltd v Hammond (Part 35)
  • Fiddes v Channel Four Television Corporation (Parts 26, 52 and the Senior Courts Act 1981)
  • Barnes v Seabrook (Part 32)

  • Personal Injury: new commentary and provisions added to the Road Traffic Act 1988 plus coverage of the Uninsured Drivers’ Agreement 1999

  • Brand new commentary on Special Advocates in Part 76 (Proceedings under the Prevention of Terrorism Act 2005)

COVERAGE OF NEW STATUTES

Including:

  • Mortgage Repossessions (Protection of Tenants, etc.) Act 2010,
  • Equality Act 2010
  • Amendments made by the Coroners and Justice Act 2009

NEW GUIDANCE AND PROVISONS

  • New guidance on the Regional Administrative Court
  • Additional provisions added to the Data Protection Act 1998
  • Additions to Procedural Guides in respect of costs and low value road traffic accidents