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EFIS 53, November 2002 : Civil Procedure

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The Civil Procedure (Amendment) Rules 2002 amend the 1998 Civil Procedure Rules and create various new provisions relating to how certain types of claim are processed in the courts.

These procedural changes have led The Court Service to amend the above forms. N130 now incorporates notes for the Defendant advising him or her on what to do next whilst N133 now includes a statement of truth and has been renamed.

Practitioners will also note that the N208 notes have been amended to reflect the mechanism for lodging N208 in a claim under Section 1 of the Inheritance (Provision for Family and Dependants) Act 1975, whilst N170 has been redrafted and renamed to more accurately reflect its function as a list of actions to be taken, prior to the start of a trial. N210A is a new form whereby a defendant can indicate whether he or she intends either to contest a claim for costs, or contest the amount of costs awarded or dispute the court's jurisdiction to have awarded costs in the first place.

CPR110, 111 and 112 are new High Court forms which have been added to reflect the introduction of the new Part 74 of the Civil Procedure Rules but which have also been adapted for use in the County Court. CPR110 is a certificate of judgment under section 10 of the Administration of Justice Act 1920, or section 10 of the Foreign Judgments (Reciprocal Enforcement) Act 1933 or section 12 of the Civil Jurisdiction and Judgments Act 1982. CPR111 is a certificate enabling the award of money in either the High Court or the County Court to be enforced in another part of the United Kingdom. CPR112 performs the same function as CPR111 but should only be used to enforce judgments where money is not involved.

The Civil Procedure (Amendment) Rules 2002 will come into force on 2nd December so customers must not use these amended forms before this date.

The Court Service have advised us that the forms N131, N132, N135 will become obsolete from 2nd December and should be removed from your systems. The Court Service recommends that you use form N215 instead.

In addition, the Chief Master of the Chancery Division of the High Court has also made forms HCNO82, HCNO83, HCNO84 obsolete.

Practitioners are also requested to delete the High Court form HCPF101, which The Court Service now inform us was made obsolete in April when the Civil Procedure (Amendment No. 4) Rules 2001 came into force. See EFIS No. 9/2002 for more details. Please see deletion instructions below.

In future, claimants under Part 69 of the Civil Procedure Rules should use N244 and orders may be drawn using the Court's own form N24.

Also, The Court Service have corrected a reference to N212 on the notes N211 which should in fact refer to N213, so an amended version of N211 is enclosed with this update to the CPR forms. Additionally, we have taken the opportunity to make a small correction to N161 on page 2 to include an additional question at Section 5.

Finally, please also find enclosed a new form EX107, which due to requests by our customers has been added to the range. Also find enclosed N1, N5B, N244, N279 and HCNO64 which have all had minor field amendments, as requested by customers, and can be used upon receipt.

Forms affected

N131 Application for Interim Possession Order (O.24) Withdrawn
N132 Service of Notice of Application for Interim Possession Order Withdrawn
N135 Service of Interim Possession Order Withdrawn
HCNO82 Application for Appointment of a Receiver (Schedule 1 - RSC O.51 r3)(R.C.J. only) Withdrawn
HCPF101 Evidence in support of Garnishee Order Withdrawn
HCNO83 Order Directing Application For Appointment of Receiver and Granting Injuction Meanwhile (Schedule RSC. 0.51r3) Withdrawn
HCNO84 Order Appointing Reciever by Way of Equitable Execution (Schedule 1 RSC O.51) Withdrawn
N1 Claim form (CPR Part 7) New/Amended
EX107 Request Transcript hearing New/Amended
N210A Acknowledgement of Service New/Amended
CPR110 Certificate of Judgment (Part 74.12 Civil Procedure Rules 1998) New/Amended
CPR111 Certificate of Judgment under Schedule 6 to the Civil Jurisdiction and Judgments Act 1982 New/Amended
CPR112 Certificate of Judgment under Schedule 7 to the Civil Jurisdiction and Judgments Act 1982 New/Amended
N5B Claim form for possession of property New/Amended
N130 Application for Interim Possession including Application for Interim Possession Order New/Amended
N133 Witness statement of the respondent to oppose the making of an interim possession order (12.02) New/Amended
N170 Listing Questionnaire (Pre-trial checklist) New/Amended
N211 Claim Form (CPR Part 20) New/Amended
N244(4pg Application Notice New/Amended
N279 Notice of Discontinuance New/Amended
N208 Claim form (CPR Part 8) New/Amended
N161 Appellant's Notice with Guidance Notes New/Amended
HCNO64 Writ of Delivery: Delivery of goods, Damages and Costs (Schedule 1 - RSC 0.45 r.4) New/Amended
N244(2pg Application Notice New/Amended

Crown copyright forms are reproduced with the permission of the Controller of the Stationery Office. Law Society forms are reproduced with the permission of the Law Society. Legal Aid Forms are produced with the permission of the LSC.