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Civil Procedure (Amendment No. 4) (Coronavirus) Rules 2020 & the 123rd Practice Direction Update

Civil Procedure (Amendment No. 4) (Coronavirus) Rules 2020 (coming into force on 23 August 2020)

The Statutory Instrument is being published via the Legislation website at: http://www.legislation.gov.uk. The on-line rules/web site will also be updated accordingly.

This follows The Civil Procedure (Amendment No.2) (Coronavirus) Rules 2020, which came into effect on 25 June 2020 and amended the Civil Procedure Rules 1998 Part 55 to provide for a stay of all possession proceedings brought under this Part and all enforcement proceedings by way of writ or warrant of possession which expires on 23 August 2020.

The Civil Procedure (Amendment No. 4) (Coronavirus) Rules 2020 provides for a further amendment to CPR Part 55 to introduce a new temporary Practice Direction (Practice Direction 55C) for how claims under this Part (including appeals) are to proceed following the expiry of the stay provided for by rule 55.29. The provisions relate partly to the resumption of proceedings following lifting of the stay and partly to new cases issued after the stay has ceased.

123rd Practice Direction Update (coming into force on 23rd August 2020)

 The Master of the Rolls and the Lord Chancellor have signed the PD Update. 

In consequence of the Civil Procedure (Amendment No. 4) (Coronavirus) Rules 2020, above, a new Practice Direction, PD55C is introduced.  The main changes are:

  • To require a claimant who wishes to continue the proceedings after the expiry of the stay to provide a “reactivation notice” informing the court (and defendant) in writing of this (without which the case will remain dormant).
  • Where the claim includes non-payment of rent, that the particulars of claim set out what knowledge (if any) that party has as to the effect of the Coronavirus pandemic on the Defendant and their dependants
  • Suspends the standard period between issue of a claim form and hearing which would usually be not more than eight weeks.
  • Encourages a claimant to produce the full arrears history in advance rather than at the hearing.
  • Due to expire on the 28 March 2021

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