CONTENTS

What's New - 2020

Third Supplement 2020 Edition (publishing October)

The Third Cumulative Supplement brings both Volumes of the Main Work up to date to 1 October 2020 and to the 124th CPR Update. It includes all the content from the previous two supplements and brings it up to date with new case law, procedural and legislative amendments, courts and judicial guidance.

This Supplement includes the following material with relevant commentary:

    • Amendments to the Civil Procedure Rules made by the following statutory instruments as part of the 122nd to 124th CPR Updates:
      • the Civil Procedure (Amendment No.3) Rules 2020 (SI 2020/747);
      • the Civil Procedure (Amendment No.4) (Coronavirus) Rules 2020 (SI 2020/751); and
      • the Civil Procedure (Amendment No.5) (Coronavirus) Rules 2020 (SI 2020/889)
    • The Amendment No.3 Rules makes a number of amendments to the Civil Procedure Rules. In particular it introduces a new Pt 81 on Contempt of Court, which reforms the procedural rules, reduces them from 38 to 10 and dispenses with Practice Directions and Guidance. The Amendment No.4 Rules amends CPR Pt 55 to introduce a new temporary Practice Direction (Practice Direction 55C) governing how claims under this Part (including appeals) are to proceed following the expiry of the stay provided for by r.55.29.
    • Additions to Section AA (Coronavirus procedural and judicial guidance):
      • Revised COVID-19 guidance on attending a hearing at the Royal Courts
        of Justice
      • Revised Guidance for the Queen’s Bench Division, Queen’s Bench Division Listing and Action Department and Information for Court Users
      • Revised text on the impact of coronavirus on procedure for the Court Funds
        Office
      • Coronavirus Update - Writs of Possession
    • Practice Note by the Senior Costs Judge on Hearings and Detailed Assessments in the Senior Courts Costs OfficeThe Queen’s Bench
    • Division in the Royal Courts of Justice Guide on CE-File and Electronic Filing
    • Practice Statement (Companies: Schemes of Arrangement Under Part 26 and Part 26A of the Companies Act 2006)
    • Revised commentary to Section 3D - Proceedings under the Human Rights Act 1996
    • Amended Practice Direction - Insolvency Proceedings
    • New Insolvency Practice Direction relating to the Corporate Insolvency and Governance Act 2020
    • Amendments to the Consumer Rights Act 2015 Sch.5 (Investigatory Powers)
    • Revised Court Fees

    Recent case law includes:

    Part 1

      • Serafin v Malkiewicz [2020] UKSC 23
      • Re A (Children) (Remote Hearing: Care and Placement Orders) [2020] EWCA Civ 583; [2020] 2 F.C.R 245 at [9]
      • Re One Blackfriars Ltd (In Liquidation) [2020] EWHC 845 (Ch)

      Part 3

      • Re Kingsley [2020] EWHC 2017 (Ch)
      • Cable v Liverpool Victoria Insurance Co Ltd [2020] EWCA Civ 1015
      • R. (Nolson) v Stevenage BC [2020] EWCA Civ 379
      • Takhar v Gracefield Developments Ltd [2019] UKSC 13
      • Depp v News Group Newspapers Ltd [2020] EWHC 1734 (QB) (and Part 31)
      • Piepenbrock v Associated Newspapers Ltd [2020] EWHC 1708 (QB)
      • Hutson v Tata Steel UK Ltd [2020] EWHC 771

      Part 6HJ

      • FS Cairo (Nile Plaza) LLC v Brownlie [2020] EWCA Civ 996

      Part 6JR

      • Senior Taxi Aereo Executivo LTDA v Agusta Westland SpA [2020] EWHC 1348 (Comm)
      • Nigeria v Royal Dutch Shell Plc [2020] EWHC 1315 (Comm)
      • Awendale Resources Inc v Pyxis Capital Management Ltd [2020] EWHC 1286 (Ch)

      Part 16

      • Mishcon De Reya LLP v RJI (Middle East) Ltd [2020] EWHC 1670 (QB)
      • 2Entertain Ltd v Sony Dadc [2020] EWHC 1490 (TCC)

      Part 19

      • Sharp v Blank [2020] EWHC 1870 (Ch)
      • Warrington v Chief Constable of South Yorkshire Police [2020] EWHC 1652 (QB)

      Part 21

      • Hinduja v Hinduja [2020] EWHC 1533 (Ch)

      Part 24

      • Price v Flitcraft Ltd [2020] EWCA Civ 850

      Part 25

      • Phones 4U Ltd (In Administration) v EE Ltd [2020] EWHC 1943 (Ch)

      Part 31

      • Re H (A Child) (Disclosure of Asylum Documents) [2020] EWCA Civ 1001
      • Carillion Plc v KPMG LLP [2020] EWHC 1416 (Comm)
      • Taylor Wimpey UK Ltd v Harron Homes Ltd [2020] EWHC 1190 (TCC)

      Part 32

      • Ras Al Khaimah Investment Authority v Azima [2020] EWHC 1327 (Ch)
      • Official Receiver v Skeene [2020] EWHC 1252 (Ch)

      Part 35

      • De Sena v Notaro [2020] EWHC 1031 (Ch)

      Part 36

      • Rawbank SA v Travelex Banknotes Ltd [2020] EWHC 1619

      Part 39

      • F v Family Channel Ltd [2020] EWCA Civ 824

      Part 47

      • MEF v St George’s Healthcare NHS Trust [2020] EWHC 1300 (QB)

      Part 51U

      • Castle Water Ltd v Thames Water Utilities Ltd [2020] EWHC 1374 (TCC)
      • Lonestar Communications Corp LLC v Kaye [2020] EWHC 1890 (Comm)
      • Bouygues (UK) Ltd v Sharpfibre Ltd [2020] EWHC 1309 (TCC)

      Part 53

      • Serafin v Malkiewicz [2020] UKSC 23

      Part 81

      • Andreewitch v Moutreuil [2020] EWCA Civ 382)

      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.

ORDER NOW

print icon Volumes 1 & 2
print icon Volume 1 only

WESTLAW UK

online icon Online on Westlaw UK
Contact us:

Contact our customer services team

Call:
0345 600 9355