New Civil Procedure Rules from 1st Oct 2012

[nickd]

New Civil Procedure Rules apply with effect from 1st October 2012. You can read more here about the amended rules. The rules need looking at in more detail but a cursory glance appears to indicate a 'get tough' approach when it comes to committal, making false statements of truth and enforcement. I will look in to this in more detail as time permits.


Change on charging orders


Note: The Tribunals, Courts and Enforcement Act 2007 (Commencement No. 8) Order 2012 (Regulation 2012 No 1312)

This regulation brings into force section 93 of the Act which amends the Charging Orders Act 1979 so that where a debtor is required by a county court or High Court order to pay a sum by instalments, a charging order may be made even though there has been no default in payment, but that the court must take the fact that there has been no default into account in deciding whether to make the order, and that an order for sale to enforce the charging order may in any event not be made where there has been no default in payment.


More details on the 'Justice' website including new forms.


Good overview here from West Law.


This is the section which deals with judicial review of Upper Tribunal decisions (asylum & immigration cases)



(c)after rule 54.7 insert—

“Judicial review of decisions of the Upper Tribunal

54.7A.—(1) This rule applies where an application is made, following refusal by the Upper Tribunal of permission to appeal against a decision of the First Tier Tribunal, for judicial review—

(a)of the decision of the Upper Tribunal refusing permission to appeal; or

(b)which relates to the decision of the First Tier Tribunal which was the subject of the application for permission to appeal.

(2) Where this rule applies—

(a)the application may not include any other claim, whether against the Upper Tribunal or not; and

(b)any such other claim must be the subject of a separate application.

(3) The claim form and the supporting documents required by paragraph (4) must be filed no later than 16 days after the date on which notice of the Upper Tribunal’s decision was sent to the applicant.

(4) The supporting documents are—

(a)the decision of the Upper Tribunal to which the application relates, and any document giving reasons for the decision;

(b)the grounds of appeal to the Upper Tribunal and any documents which were sent with them;

(c)the decision of the First Tier Tribunal, the application to that Tribunal for permission to appeal and its reasons for refusing permission; and

(d)any other documents essential to the claim.

(5) The claim form and supporting documents must be served on the Upper Tribunal and any other interested party no later than 7 days after the date of issue.

(6) The Upper Tribunal and any person served with the claim form who wishes to take part in the proceedings for judicial review must, no later than 21 days after service of the claim form, file and serve on the applicant and any other party an acknowledgment of service in the relevant practice form.

(7) The court will give permission to proceed only if it considers—

(a)that there is an arguable case, which has a reasonable prospect of success, that both the decision of the Upper Tribunal refusing permission to appeal and the decision of the First Tier Tribunal against which permission to appeal was sought are wrong in law; and

(b)that either—

(i)the claim raises an important point of principle or practice; or

(ii)there is some other compelling reason to hear it.

(8) If the application for permission is refused on paper without an oral hearing, rule 54.12(3) (request for reconsideration at a hearing) does not apply.

(9) If permission to apply for judicial review is granted—

(a)if the Upper Tribunal or any interested party wishes there to be a hearing of the substantive application, it must make its request for such a hearing no later than 14 days after service of the order granting permission; and

(b)if no request for a hearing is made within that period, the court will make a final order quashing the refusal of permission without a further hearing.

(10) The power to make a final order under paragraph (9)(b) may be exercised by the Master of the Crown Office or a Master of the Administrative Court.”; and