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EFIS 22, March 2006 : Civil Procedure

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The Register of Judgments, Orders and Fines Regulations 2005 will introduce new rules for the registration of judgements, order and fines on 6th April.

These procedural changes have led the Court Service (HMCS) to amend the Civil Procedure forms listed above. Certain forms now require the Defendantís date of birth to be specified on reply to a claim on entering judgement. A postcode is now compulsory in any address supplied by the parties to the court.

In particular, practitioners should note that HMCS has amended the notes N1A, N1C and N1(FD) which accompany N1 rather than the Part 7 form itself.

Likewise, HMCS has also revised the notes N7, N7A, N7B which accompany form N5.

However, N443 is a new form which can be used to either satisfy or cancel an entry in the Register of Judgments, Orders and Fines which replaces the Register of County Court Judgments on 6th April.

These amended forms should not be submitted to your local court until 6th April. Current forms can continue to be used in all cases issued on or before 5th April but the amended forms will be issued on or after 6th April.

Both the Civil Proceedings Fees (Amendment) Order 2006 and the Family Proceedings Fees (Amendment) Order 2006 will come into force on 6th April.

These Statutory Instruments increase the maximum gross annual income above which Working Tax Credit will not be a qualifying benefit for exemption from court fees from £15,050 to £15,460. This increase has necessitated changes to the notes which accompany EX160.

Because CPR forms N16A and N110A are generated by your local court, we have withdrawn these two forms from your range.

Finally, we have taken this opportunity to update N215, which is not connected to this series of amendments.

Forms affected

N16A Application for Injunction (General Form) Withdrawn
N110A Anti-Social Behaviour Injunction Power of Arrest Withdrawn
N1 Claim Form (CPR Part 7) New/Amended
N5 Claim Form for Possession of Property (and Notes N7, N7A, N7B) New/Amended
N5B Claim Form for Possession of Property (Accelerated procedure)(Assured shorthold tenancy) (including Notes N5C) New/Amended
N9 Response Pack New/Amended
N9A Form of admission (specified amount) New/Amended
N9B Defence and Counterclaim (specified amount) New/Amended
N9C Admission (Unspecified amount, non-money and return of goods claims) New/Amended
N9D Defence and Counterclaim (Unspecified Amount, Non-Money and Return of Goods Claim) New/Amended
N443 Application for a certificate of satisfaction/cancellation New/Amended
N92 Application for an administration order New/Amended
N213 Acknowledgment of Service (Part 20 claim) New/Amended
N215 Certificate of Service New/Amended
N225 Request for judgment and reply to admission (specified amount) New/Amended
EX160(N) Notes for EX160 New/Amended
N11R Defence Form (rented residential premises) New/Amended
N11 Defence Form New/Amended
N11M Defence form (mortgaged residential premises) New/Amended
N11B Defence Form (accelerated possession procedure)(assured shorthold tenancy) New/Amended
N8 Claim Form (arbitration) 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.