Summary of new Civil Procedure Rules in force from 19.3.12
This is a summary of the latest amendment to the Civil Procedure Rules which will come into force on 19th March 2012:
"Designated Money Claim"
This new phrase encapsulates all Part 7 proceedings for a fixed or unfixed amount that does not use any of the special procedures within the rules.
This is a new concept as new proceedings will not be issued in the name of the local court or the court to which they were delivered. Instead, as they will all be issued through the Salford Business Centre, they will all be issued in the name of one court (I am told this will be Northampton) but the Claimant will be able to select a preferred county court to which the proceedings will be transferred if necessary.
In relation to proceedings for an unspecified amount, the claim will be transferred to the preferred court upon the claimant filing a request for judgment in default.
Similarly, where a defendant makes an application to set aside a judgment for a specified sum of money (the proceedings at that point may not have been transferred) then the claim will be transferred to the preferred court.
Where an application for time to pay a judgment is made by a defendant (who is not an individual) it will be transferred to the preferred court for determination and if the claim hasn't yet been transferred to another court e.g. on an application for enforcement of the judgment. [I assume therefore that defendants that are individuals will have the proceedings transferred to their home court as usual but this will be clearer when the full text is published].
Where a defence has been served and the court would normally issue the allocation questionnaire, the proper officer may transfer the claim to the preferred court for directions before the AQ is issued if necessary for directions.
Where AQs have been filed (or the time for doing so has expired), in actions for a specified sum the claim will be transferred to the defendant's home court if the defendant is an individual (or other court as specified by that defendant on their AQ). If there are two or more defendants, then the defendant that lodged their defence first will have the action transferred to their home court.
Pre Action Applications
Before proceedings have been started, applications issued pursuant to Part 23 may still be issued in any county court.
The court will no longer provide the AQ to parties that are represented. Instead the court will serve a notice on the represented party identifying which AQ must be completed, by when it must be filed, the court to file it at and also giving details of how to obtain the AQ.
The new AQ for small claims can be seen HERE
The new claim form can be seen HERE