What's New - 2024

Third Supplement to the 2024 Edition

The White Book 2024 published on 27 March 2024, followed by the First Supplement on 27 April 2024 and the Second Cumulative Supplement on 28 June 2024. This is the Third Cumulative Supplement to the 2024 edition, offered as part of your White Book subscription, which brings both Volumes up-to-date to the Civil Procedure (Amendment No.3) Rules 2024 (SI 2024/839) and the 171st PD Update, which include the following amendments, generally in force on 1 October 2024:

• Extending Fixed Recoverable Costs-following the MoJ's consultation on FRC issues in July 2023, amendments are made to Pt 45 to fix the costs of assessment in FRC cases both before and after proceedings have started;
• A new Pt 68 on Retained EU Law is introduced, which outlines three new procedures to facilitate the operation of ss.6A-6C of the European Union (Withdrawal) Act 2018 (EUWA) as inserted by s.6 of the Retained EU Law (Revocation and Reform) Act 2023 [note: s.6 was due to come into force on 1 October 2024 in parallel with the new CPR Part 68. However, following the General Election, the Government cancelled the commencement of s.6 on 1 October 2024, so the new CPR Part 68 will have no effect until such time as s.6 might be brought into force. It remains open to the Government to bring s.6 into force at any point in the future.];
• Updates to Pt 52 on Appeals following changes in practice in order to provide an express deadline for seeking permission from the Court of Appeal to appeal to the Supreme Court;
• Pt 81 on Contempt: the provision in Pt 81 which requires a committal application to give information to a respondent about their rights, including the right to remain silent, is updated. The amendment adds an express warning of the risk that the court may draw adverse inferences from that silence, if the right is exercised. This amendment follows case law and aligns with the position in criminal proceedings;
• Alternative Dispute Resolution-amendments to the CPR's Overriding Objective in Pt 1 and to other parts to promote the use of alternative dispute resolution;
• Plus many other amendments.

In addition, the 170th PD Update amends both PD 51R (Online Civil Money Claims Pilot) and PD 51ZB (The Damages Claims Pilot) to extend each pilot scheme by one year, to 1 October 2025, and to allow for the national rollout of the "case progression" and "application" features to all related claims at the remaining county courts in England and Wales where both parties are legally represented, plus other amendments.

The 168th PD Update, not published in time for the Second Supplement, brought in amendments to PD 51ZC (The Small Claims Paper Determination Pilot), in force on 31 May 2024. (Separately, amendments to PD 74A on Enforcement of Judgments in Different Jurisdictions, which make provision for the registration of foreign judgments for the purposes of recognition and enforcement under the Hague 2019 Convention, come into force on the same date as the Civil Procedure (Amendment No.2) Rules 2024).

Second Supplement

The White Book 2024 published on 27 March 2024, updated by the First Supplement, which published on 27 April 2024. This is the Second Cumulative Supplement to the 2024 edition, offered as part of your White Book subscription, which brings both Volumes up to date to the 169th CPR Update (with the exception of the 168th Update-see below for details). The commentary is up to date to 22 May.

This supplement includes the following:

• amendments to Practice Direction 51R (Online Civil Money Claims) brought by the 169th PD Update, in force on 18 May 2024;
• the 167th PD Update introduced a Pilot Practice Direction 51ZF-Part 3 of the Domestic Abuse Act 2021; in force on 9 May 2024, in readiness for commencement;
• the 166th PD Update introduced a new Pilot Practice Direction (51ZE) which will automatically refer certain civil cases to a mediation session with the HMCTS Small Claims Mediation Service, in force on 22 May 2024.

At time of press the 168th PD Update had not published. It and further updates will publish in the Third Supplement in the Autumn. Civil Procedure News will continue to keep you abreast of developments for the remainder of the subscription year.

First Supplement

The First Supplement to the 2024 edition of the White Book, publishing in April 2024, principally brings Volume 1 up to date to the 165th PD Update (in force on 6 April 2024) and Volume 2 up to date with the 10th edition of the King's Bench Guide 2024.

This supplement includes the following:

• amendments to Practice Directions 51R (the Online Civil Money Claims Pilot) and 51ZB (the Damages Claim Pilot) made by the 164th PD Update;
• amendments to Practice Directions 28 (The Fast Track and The Intermediate Track) and 45 (Tables of Fixed Costs (2024)) made by the 165th PD Update;
• the 10th Edition of the King's Bench Guide 2024;
• amendments made as a result of the Supreme Court Fees Order 2024 (SI 2024/148).

CPR Updates

The White Book 2024 is up-to-date to the latest civil procedure legislation (the Civil Procedure (Amendment) Rules 2024 (SI 2024/106)) and the 163rd CPR Update. The SI principally makes various amendments following the Ministry of Justice's (MoJ) consultation on issues arising from extending fixed recoverable costs in July 2023, and in response to issues that have been raised outside of the consultation process following the implementation of the extended FRC regime on 1st October 2023.

All statutory instruments and practice direction updates from the supplements to the 2023 edition are included (the 154th to 158th CPR Updates) plus the Civil Procedure (Amendment No.4) Rules 2023 (SI 2023/1397), which dealt specifically with amendments to Part 80, and the 159th to 162nd CPR Updates which were released following publication of the Second Supplement in October 2023.

Court Guides

New edition of:

• the Administrative Court Guide 2023

Updates and revisions to:

• the Commercial Court Guide 2022 (revised 2023)
• the Circuit Commercial Court Guide (revised 2023)
• the Chancery Guide 2022
• Guide to Business & Property Work at Central London

Practice Notes and Guidance

• Artificial Intelligence (AI)-Guidance for Judicial Office Holders
• Practice Note (Admiralty: Assessors' Remuneration)
• Practice Note: QFCH Out of Court Appointments
• Practice Note: Encouraging greater participation of junior counsel in courts and tribunals hearings
• Practice Note - London Circuit Commercial Court

Other legislation revisions, amendments and updates

• Amendments to the UKSC and JCPC Practice Directions
• Court Funds (Amendment) Rules 2023/987
• Court Funds (Amendment No. 2) Rules 2023 (SI 2023/1356)
• Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (SI 2023/1094)
• Domestic Abuse Act 2021
• Judicial Review and Courts Act 2022
• National Security Act 2023
• The Prohibition of Cross-Examination in Person (Civil and Family Proceedings) Regulations 2022 (SI 2022/568)
• Northern Ireland Troubles (Legacy and Reconciliation) Act 2023
• Secretaries of State for Energy Security and Net Zero, for Science, Innovation and Technology, for Business and Trade, and for Culture, Media and Sport and the Transfer of Functions (National Security and Investment Act 2021 etc) Order 2023 (SI 2023/424)
• Plus many other updates to online-only legislation

Case law

All commentary has been updated with the latest significant case law. A selection includes:

Part 1 Re H (A Child: Recusal) [2023] EWCA Civ 860; Churchill v Merthyr Tydfil CBC [2023] EWCA Civ 1416

Part 2 Walton v Pickerings Solicitors [2023] EWCA Civ 602; [2023] 1 W.L.R. 3545

Part 3 Orji v Nagra [2023] EWCA Civ 1289; XF v English Karate Federation Ltd [2023] EWCA Civ 891 (and Part 13); Otto v Inner Mongolia Happy Lamb [2023] EWHC 2920 (Ch); Riniker v Al-Turk [2023] EWHC 2910 (KB); Yesss (A) Electrical Ltd v Warren [2024] EWCA Civ 14; Tinkler v Esken Ltd [2023] EWCA Civ 655; [2023] Ch 451

Part 5 JC Bamford Excavators Ltd v Manitou UK Ltd [2023] EWCA Civ 840

Part 6 CA Indosuez (Switzerland) SA v Afriquia Gaz SA [2023] EWCA Civ 1072

Part 13 Galliani and another v Sartori and others [2023] EWHC 3306 (Comm)

Part 16 Azhar v All Money Matters (t/a TFC Home Loans) [2023] EWCA Civ 1341

Part 16 Fleming v Zurich Insurance Plc [2023] EWCA Civ 1417

Part 17 Geo-Minerals GT Ltd v Downing [2023] EWCA Civ 648

Part 19 Tendring District Council v Ling [2023] EWCA Civ 1319; Wolverhampton City Council v London Gypsies and Travellers [2023] UKSC 47 and Part 8, Part 25

Part 25 Patel v Minerva Services Delaware Inc [2022] EWHC 970 (Ch) and [2023] EWCA Civ 118; UK P&I Club NV v Republica Bolivariana de Venezuela [2023] EWCA Civ 1497

Part 31 Al Sadeq v Dechert LLP [2024] EWCA Civ 28

Part 35 Griffiths v TUI UK Ltd [2023] UKSC 48; [2023] 3 W.L.R. 1204

Part 38 Excalibur and Keswick Groundworks Ltd v McDonald [2023] EWCA Civ 18 and Part 44

Part 39 Owen v Black Horse Ltd [2023] EWCA Civ 325

Part 39 Bruce v Wychavon DC [2023] EWCA Civ 1389

Part 44 Phones 4U Ltd v EE Ltd and others [2023] EWHC 3378 (Ch)

Part 46 Gorbachev v Guriev [2023] EWCA Civ 327

Part 46 R. (on the application of CR) v Director of Legal Aid Casework [2023] EWCA Civ 717

Part 52 Blacklion Law LLP v Amira Nature Foods Ltd [2023] EWCA Civ 663

Part 54 R. (on the application of LA (Albania)) v Upper Tribunal (Immigration and Asylum Chamber) [2023] EWCA Civ 1337

Part 54 R. (on the application of Imam) v Croydon LBC [2023] UKSC 45

Part 81 Westrop v Harrath [2023] EWCA Civ 1566; Khawaja v Stefanova [2023] EWCA Civ 1201; El Zubaidy v Borg [2023] EWCA Civ 148

Section 3H (Consumer Credit) Smith v Royal Bank of Scotland plc [2023] UKSC 34; Potter v Canada Square Operations Ltd [2023] UKSC 41; Barton v Morris [2023] A.C. 684

Section 7A Litigation Funding After 1 April 2013 R (PACCAR Inc) v Competition Appeal Tribunal [2023] UKSC 28; [2023] 1 W.L.R. 2594

Other enhancements or additions:

• Revisions, reordering and tidying of the commentary to the Pre-Action Protocols (Section C, Volume 1)
• Further jurisdictional and procedural legislation relocated online-only (Section 9, Volume 2)

Online-only content:

• Part 26 [Before 1 October 2023] Case Management-Preliminary Stage, including Practice Direction 26-Case Management-Preliminary Stage: Allocation and Re-Allocation
• Part 36 [Before 1 October 2023] Offers to Settle
• Section 9, Volume 2 - further provisions of jurisdictional and procedural legislation made online-only