CONTENTS

What's New - 2020

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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