Overview

Civil Court Service (The Brown Book) provides access to the full text of the CPR and all relevant materials in a single volume, combined with authoritative commentary from a team of leading judges and practitioners. Under the Editorship of His Honour Judge Graeme Smith, the Brown Book provides concise, relevant commentary to practitioners who need fast and reliable answers to procedural matters in the civil courts. What's New: Commentary for Costs sections extensively updated; All opening summaries for each Part of the Rules updated as appropriate; New Pre-Action Protocol for Construction and Engineering disputes and significant amends to the commentary to Part 60 as a result; New Practice Direction for Part 2 of the Civil Procedure Rules that formalises the Jurisdiction of the County Court that may be exercised by a legal adviser under Practice Direction 51K (The County Court Legal Adviser Pilot Scheme), as well as extending that jurisdiction to include five new work types. The powers enable legal advisers in the County Court Business Centre and the County Court Money Claims Centre to deal with some items of 'box work', usually allocated to a District Judge (see the Schedule to the PD). The PD comes into effect on 1 April 2017; Part 3 The Courts Case Management Powers is amended following the Court of Appeal Judgment SARPD Oil International Limited v Addax Energy SA and another SARPD Oil International Limited v Addax Energy SA and another [2016] EWCA Civ 120 (SARPD) in respect of the cost budgeting rules. The amendments come into force on 6 April 2017; Part 3 The Court's Case Management Powers and PD3B Sanctions for non-payment of fees are amended to reflect a policy change in the collection and refund of hearing fees. Hearing fees will no longer be automatically refunded where parties settle the claim before trial. The date at which the hearing fee becomes payable is moved closer to the trial date. The amendments come into force on 6 March 2017; Part 45 Fixed costs is amended as part of a package of amendments with a view to ensuring that costs in Aarhus Convention claims are not 'prohibitively expensive'. The amendments come into force on 28 February 2017; Part 45 Fixed costs amendments are made to reflect the Court of Appeal judgment in Qader & Ors v Esure Services Ltd and Khan and Anr v McGee. The amendments come into force on 6 April 2017; PD51O Electronic working scheme is amended to clarify when documents may be submitted by email as well as through the Electronic working system. The amendments come into force on 1 April 2017; PD54A Judicial Review is amended with a view to reducing the burden of producing bundles on parties to judicial review proceedings. The amendments come into force on 28 February 2017; Part 61 and PD 61 Admiralty Claims are amended to reflect the increasing use of technology in ships, where a recording device akin to the 'black box' recording equipment used in aeroplanes is employed. The changes focus on providing a simpler and quicker trial process by promoting early exchange of electronic data made available by new technology. The amendments come into force on 28 February 2017; Part 63 Intellectual Property Claims is amended to provide an appeal route in respect of registered design cases following abolition of the RTA Appeal Tribunal. The amendments come into force on 6 April 2017.

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