CONTENTS

What's New - 2020

Second Supplement 2020 Edition (Publishing June)

The Second Supplement to the 2020 edition of Civil Procedure brings the Main Work up to date to 11 June 2020 and includes recent case law, procedural and legislative amendments, courts and judicial guidance, both brought about by the Coronavirus Pandemic and otherwise. In particular, it includes the 116th to 121st CPR PD Updates. As a cumulative supplement, the Second Supplement includes the content of the First Supplement, suitably updated, which published at the beginning of May.

This Supplement includes the following material with relevant commentary:

    • The Civil Procedure (Amendment No.2) (Coronavirus) Rules 2020 (SI 2020/582) add a new temporary rule to Part 55 on Possession Claims. The rule stays all possession proceedings brought under this Part and all enforcement proceedings by way of writ or warrant of possession in order to avoid any gap in the operation of the stay on possession proceedings. It comes into force on 25 June and expires on 23 August 2020.
    • Four Practice Directions made or amended as part of Pt 51 (the 116th to 121st CPR Updates):
      • PD51R–Amendments to the Online Civil Money Claims pilot scheme in support of the COVID-19 effort
      • PD51Y–Video or Audio Hearings during Coronavirus Pandemic
      • PD51Z–Stay of Possession Proceedings (including amendments as part of the 120th and 121st CPR Updates)
      • PD51ZA–Extension of time limits and clarification of Practice Direction 51Y
    • Coronavirus (COVID-19): Message from the Lord Chief Justice to judges in the Civil and Family Courts
    • Civil Justice Protocol regarding Remote Hearings
    • Priority Courts Tracker Guidance
    • Queen's Bench Guidance, including guidance on electronic signatures on court documents and changes to foreign process procedure and the latest guidance regarding proceedings before Queen's Bench Masters from 15 June (up to date to Queen's Bench Masters Coronavirus Bulletin No.8)
    • General Guidance on PDF bundles for use by judges in hearings
    • New provisions of the Courts Act 2003 (ss.85A-D)–public participation in proceedings conducted by video or audio as enacted by the Coronavirus Act 2020
    • Other temporary provisions added to various Acts made by the Coronavirus Act 2020, including the Tribunals, Court & Enforcement Act 2007, the Rent Act 1977 and Housing Acts 1985, 1988 and 1996, and inclusion of s.82 of the Coronavirus Act 2020 (Business tenancies in England and Wales: protection from forfeiture etc)
    • Various guidance from courts, e.g. High Court, Administrative Court, Business and Property Courts, including the Insolvency and Companies List, Supreme Court
    • Temporary Practice Direction supporting the Insolvency Practice Direction
    • Guidance from the President of the Family Division as to the Replacement of Affidavits with Statements of Truth in Non-contentious Probate Processes
    • Part 58 (Commercial Court Proceedings) – inclusion of the Notice from the Judge in Charge to Users of the Commercial Court on Witness Evidence and Lengthy Trial Statements
    • Supreme Court of the United Kingdom Appeals (Section 4A) – Practice Note on Electronic Bundles for Applications for Permission to Appeal
    • New and revised commentary:
      • Parts 6 (Service of Documents) and 74 (Enforcement of Judgments in Different Jurisdictions) – notes on the limited operation of the Foreign Process Section during the COVID-19 pandemic and on the UK's application to accede to the Lugano Convention on 8 April 2020;
      • Part 3 (The Court's Case & Costs Management Powers) – a rewrite of para. 3.4.3.3 on 'Collateral attacks on earlier decisions' following Day v Womble Bond Dickinson;
      • General revisions to Parts 12, 14 and 28;
      • Part 32 (Evidence) - commentary on PCP Capital Partners LLP v Barclays Bank Plc [2020] EWHC 646 (Comm) in the context of the Report of the Witness Statements Working Group and the subsequent Notice to Users of the Commercial Court
      • Part 55 (Possession Claims) – commentary on Arkin v Marshall [2020] EWCA Civ 620 and London Borough of Hackney v Okoro [2020] EWCA Civ 681 and Practice Direction 51Z
      • Part 62 (Arbitration Claims) – new and revised commentary taking into account recent case law
      • New commentary in Parts 83 & 84 on the Taking Control of Goods and Certification of Enforcement (Amendment) (Coronavirus) Regulations 2020 (SI 2020/451)
    • New case law including Day v Womble Bond Dickinson (UK) LLP [2020] EWCA Civ 447 and Dory Acquisitions Designated Activity Co v Frangos [2020] EWHC 240 (Comm) (Part 3); Punjab National Bank (International) Ltd v Srinivasan [2019] EWHC 89 (Ch) and Aspen Underwriting Ltd v Credit Europe Bank NV [2020] UKSC 11; [2020] 2 W.L.R. 19 (Part 6); Canada Goose UK Retail Ltd v Unknown Persons [2020] EWCA Civ 303 (Part 19); R. (Nolson) v Stevenage B [2020] EWCA Civ 379 (Parts 3, 23, 25 & 54); Various Claimants v MGN Ltd [2020] EWHC 553 (Ch) (Part 31); University College London Hospitals NHS Foundation Trust v MB [2020] EWHC 882 (QB) (Part 55); Strategic Technologies Pte Ltd v Procurement Bureau of the Republic of China Ministry of National Defence [2020] EWHC 362 (QB) (Part 74); 365 Business Finance Ltd v Bellagio Hospitality WB Ltd [2020] EWCA Civ 588 (Part 83)

    • Brexit

      The new edition of the White Book publishes when the United Kingdom is in the process of exiting the European Union. It remains unclear what the exact effect of this will be for the Civil Procedure Rules and related legislation. The nature of any changes will depend on the nature and content of any Free Trade Agreement that the United Kingdom and European Union may enter into during the course of 2020. Whatever the exact terms of any such an agreement amendments to the CPR are anticipated. Should there be no such agreement by 31 December, a number of statutory instruments are expected to come into force on that date, which will affect Pts 5, 6, 12, 13, 25, 30, 31, 34, 74, 78 and their Practice Directions: see the Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 and CPR PD Update 107. The White Book will cover any changes by way of supplements published as soon as possible after they are announced as part of the service. The supplements will be available in print, on Proview (both standalone and consolidated) and White Book on Westlaw (consolidated). Where amendments are anticipated at the time of writing, they are indicated in the relevant commentary to the CPR in the main volumes.

      The 2020 Edition of the White Book covers the following updates to commentary, new case law, the Civil Procedure Rules, Practice Directions and court guides.


      CPR Updates

      The 2020 edition of the White Book includes all recent CPR Updates including the Civil Procedure (Amendment) Rules 2020 (SI 2020/82) and associated Practice Direction Updates, and includes amendments made by the 110th to 115th Updates and recent changes to the Pre-Action Protocols.

      The Civil Procedure (Amendment) Rules 2020 (SI 2020/82) come into force generally on 6 April and make amendments to CPR Parts 12, 52, 53, 54 and 73; the 113th Update makes changes to Practice Directions 2B, 2E, 7E, 16, 22, 32, 44, 51O, 51R, (51T is omitted), 52A, 52D, and the Practice Direction on Proceedings Under Enactments relating to Equality. The 114th PD Update amends the PD51R Online Civil Money Claims (OCMC) Pilot in a number of important respects and the 115th PD Update recommences the Video Hearings Pilot Scheme (PD51V).

        The Civil Procedure (Amendment No. 3) Rules 2019 (SI 2019/1118) came into force on 1 October 2019 and was supplemented by the 109th Update:

      • It introduced a new Pt53 and PD53A and 53B, which established a New Media and Communications List.
        • The 110th Update, effective from 7 October 2019, made the following changes to PD 47 (Procedure for Detailed Assessment of Costs & Default Provisions) and PD 510 (Electronic Working Pilot Scheme):

        • It extended the application of the Electronic Working Pilot Scheme (PD510) to the Senior Courts Costs Office (SCCO); and
        • It makes related changes to the Procedure for Detailed Assessment of Costs and Default Positions (PD47) by modifying para 5.1B.
        • The 111th and 112th PD Update amended PD51R (Online Civil Money Claims Pilot) and PD 51S (County Court Online Pilot), effective from 9 September 2019 and 28 November 2019 respectively. The changes to PD51R include:

        • Extending the pilot to 30 November 2021;
        • Release of new features, including:
          • A new online Directions Questionnaire
          • A presumption of mediation for certain defended claims as part of an "opt out" online process
          • The expansion of the "Paid in Full Defence", so the process will be available in relation to all forms of defence of the whole claim

          Amendments have been made to two Pre-Action Protocols, in force from 13 January 2020:

        • The amended Possession Claims by Social Landlords PAP (the Rent PAP) which now includes accelerated possessions;
        • The Revised Housing Disrepair PAP (the Disrepair PAP)- amendments consequent on the Homes (Fitness for Human Habitation) Act 2018.
        • Additional new content of note includes:

        • A Guide to Business and Property work at Central London County Court (Pt 57A)
        • A guideance note from the Chancellor of the High Court on appointing an administrator outside court hours using CE-File (Pt51/PD510)
        • Amendments to the Technology and Construction Court Guide
        • The White Book will take account of all future CPR Updates and Civil Procedure SIs as and when they are published in either the Main Work or Supplements as required.

          Commentary updates

          Commentary has been extensively revised for some Parts, either in order to clarify the commentary in respect of new case law, to shorten commentary where historical material is no longer useful or older case summaries can be excised, to reorder material to make it more easily navigable, and some content relocated where practical:


          Volume 1

          • The commentary to Rule 3.11 on Civil Restraint Orders revised in respect of new case law
          • Extensive revision of the commentary to Part 6 (particularly on Service out of the Jurisdiction) and to Part 11 (Disputing the Court's Jurisdiction) to make more navigable
          • The commentary to Part 23 (Court Orders)- edited to shorten and remove historical references
          • Part 31 (Disclosure and Inspection of Documents); in particular, to clarify the commentary on Legal Professional Privilege and Norwich Pharmacal
          • New commentary to Part 53 on Media and Communication Claims; and the continued inclusion of Part 53 on defamation which continues to govern claims issued before 1 October 2019 (Part 53x)

          Volume 2

          • Volume 2, Section 3G, on General Data Protection Regulation- commentary fully revised
          • Volume 2, JCPC and SCUKA- fully updated Practice Directions
          • Sections in 7A1 (Litigation Funding before 1 April 2013) and 7A2 (Litigation Funding after 1 April 2013) relocated online
          • A new section 7A3 created to rehouse CPR Costs Parts 43x to 45x (pre-1 April, 2013)

          Case law coverage includes:

          CPR 3 (The Court's Case & Costs Management Powers)

          Chief Constable of Avon and Somerset v Gray [2019] EWCA Civ 1675

          Lomax v Lomax [2019] EWCA Civ 1467

          Asturion Fondation v Alibrahim [2020] EWCA Civ 32

          CPR 5 (Court Documents)

          Cape Intermediate Holdings Ltd v Dring (Asbestos Victims Support Groups Forum UK) [2019] UKSC 38, [2019] 3 W.L.R. 429

          CPR 6 (Service of Documents)

          Lonestar Communications Corp LLC v Kaye and others [2019] EWHC 3008

          Alexander Gorbachev v Andrey Grigoryevich Guriev [2019] EWHC 2684

          Kaefer Aislamientos SA de CV v Atlas Drilling Mexico SA de CV [2019] EWCA Civ 10; [2019] 1 W.L.R. 3514

          Al Jaber v Al Ibrahim [2018] EWCA Civ 1690; [2019] 1 W.L.R. 885

          Lungowe v Vedanta Resources Plc[2019] UKSC 20; [2019] 2 W.L.R. 1051

          Conversant Wireless Licensing SARL v Huawei Technologies Co Ltd [2019] EWCA Civ 38 [2019] EWCA Civ 38

          Euroeco Fuels (Poland) Ltd v Szczecin and Swinoujscie Seaports Authority SA [2019] EWCA Civ 1932

          Cameron v Liverpool Victoria Insurance Co Ltd [2019] UKSC 6

          Canada Goose UK Retail Ltd v Persons Unknown (Rev 1) [2019] EWHC 2459 (QB)

          CPR 8 (Alternative Procedure for Claims)

          Cathay Pacific Airlines Ltd v Lufthansa Technik AG [2019] EWHC 484

          CPR 12 (Default Judgment)

          Bourne v Nejad [2019] EWHC 2605

          CPR 15 (Defence & Reply)

          Kember v (1) Croydon Health Services NHS Trust (2) King's College Hospital NHS Foundation Trust [2019] EWHC 2297

          CPR 17 (Amendments to Statements of Case)

          Kennedy v Frankel [2019] EWHC 106

          CPR 19 (Parties & Group Litigation)

          Cuadrilla Bowland Lts v Lawrie EWCA Civ 9

          CPR 31 (Disclosure & Inspection of Documents)

          Addlesee v Dentons Europe LLP [2019] EWCA Civ 1600

          SL Claimants v Tesco Plc [2019] EWHC 3315 (Ch)

          Property Alliance Group Limited v The Royal Bank of Scotland Plc [2015] EWHC 3272 (Ch)

          The Civil Aviation Authority v R on the application of Jet2.com Ltd [2020] Civ 35

          Michael Curless v Shell International Limited [2019] EWCA Civ 1710

          CPR 32 (Evidence)

          Mustard v Flower [2019] EWHC 2623

          Otuo v Watch Tower Bible and Tract Society of Britain [2019] EWHC 346

          Morley (t/a Morley Estates) v Royal Bank of Scotland Plc [2019] EWHC 2865

          Various Claimants v News Group Newspapers [2019] EWHC 1969

          CPR 36 (Offers to Settle)

          Ho v Adelekun [2019] EWCA Civ 1988

          King v City of London Corp. [2019] EWCA Civ 2266

          Global Assets Advisory Services Ltd v Grandlane Developments Ltd [2019] EWCA Civ 1764; [2019] Costs L.R. 1597 (CA)

          Price v Saundry [2019] EWCA Civ 2261, 18 December 2019, unrep..

          MR v Commissioner of Police for the Metropolis [2019] EWHC 1970 (QB); [2019] Costs L.R. 1441

          CPR 44 (General Rules about Costs)

          Global Assets Advisory Services Ltd v Grandlane Developments Ltd [2019] EWCA Civ 1764

          Brown v Commissioner of Police of the Metropolis [2019] EWCA Civ 1724

          Wickes Building Supplies Ltd v Blair (No.2: Costs) [2020] EWCA Civ 17

          CPR 45 (Fixed Costs)

          Aldred v Cham [2019] EWCA Civ 1780

          CPR 46 (Costs ‐ Special Cases)

          Travelers Insurance Company Ltd v XYZ [2019] UKSC 48

          Kazakhstan Kagazy plc v Zhunus [2019] EWHC 2630

          CPR 51 (Transitional Arrangements & Pilot Schemes

          A v B [2019] 10 WLUK 65

          CPR 52 (Appeals)

          Re O (Committal: Legal Representation) [2019] EWCA Civ 1721

          Lakatamia v SU [2019] EWCA Civ 1626

          Wickes Building Suppliers Ltd v Blair (No. 2 Costs) [2020] EWCA Civ 17

          CPR 54 (Judicial Review & Statutory Review)

          R (Miller) v Prime Minister (Lord Advocate and others intervening): Cherry and others v Lord Advocate and others [2019] UKSC 41; [2019] 3 W.L.R. 589

          CPR 70 (General Rules About Enforcement of Judgments & Orders)

          W Nagel v Pluczenik Diamond Co NV [2019] EWHC 3126

          CPR 81 (Applications & Proceedings in Relation to Contempt of Court)

          Liverpool Victoria Insurance Company Ltd v Zafar [2019] EWCA Civ 392

          Jet 2 Holidays Ltd v Hughes [2019] EWCA Civ 1858

          Hughes Jarvis Ltd v Searle [2019] EWCA Civ 1

          Sellers v Podstreshnyy [2019] EWCA Civ 613


          Volume 2 Section 3E (Insolvency Proceedings)

          Re Skeggs Beef Ltd and S J Henderson & Co Ltd: Re Triumph Furniture Ltd [2019] EWHC 2607


          Volume 2, Section 15 (Interim Remedies)

          Forse v Secama [2019] EWCA Civ 215

          Vneshprombank LLC v Bedzhamov [2019] EWCA Civ 1992

          Cuadrilla Bowland Lts v Lawrie EWCA Civ 9


          The sixth edition of Costs & Funding following the Civil Justice Reforms: Questions & Answers publishes with the White Book 2020. Depending on which format of the White Book 2020 you choose, your free copy will be delivered in the same format: it will be published in print, as an eBook using the award-winning ProView™ app, and online with the White Book on Westlaw.

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