Kerry Underwood


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I am now offering subscriptions to my newsletter Kerry On Costs… And So Much More… for the remainder of 2021 at half price, that is £250 plus VAT, giving a total of £300.

There will be at least 14 further issues, and if you subscribe, you will get the 18 issues already published in 2021.

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The statutory instrument contains amendments to The Civil Procedure Rules dealing with various matters, all of which come into effect from 1 October 2021, with the exception of the amendment to CPR 83.8A (2) concerning Possession Proceedings, which is effective from 7 August 2021.

The statutory instrument is here.

Recording in Court

CPR 2 and CPR 27 are amended concerning the meaning and application of “tape recording” so that any form of recording in court is covered, and not just tape recordings.

CPR 27 is amended to provide that CPR 39.9, which provides for recording and transcription of proceedings, applies in relation to proceedings in the Small Claims Track, as well as fast track and multi-track cases, where the provision has always applied.

Protected Parties and Voluntary and Interim Payments

CPR 21 is amended to clarify that applications for approval of voluntary and interim payments in cases involving children or protected parties should be made under CPR 8. This applies To Pre-Action Interim Payments.

The court is able to order payment of costs to the child’s litigation friend in a case where detailed assessment of costs has been dispensed with under CPR 46.4 (3).

Admiralty Claims

CPR 24 and CPR 61 are amended to bring rules in relation to Admiralty claims up to date and in line with practice, specifically in relation to summary judgment in Admiralty claims, the sale of arrested property before judgment and the determination of priorities and the directions to be given in orders for sale.

Striking Out of Counter Claims

CPR 25 is amended where counter claims are struck out, to clarify the position where a defendant who has brought a counter claim is granted an interim injunction in the counter claim, where the counter claim is struck out for non-payment of fees.

In that case the interim injunction shall cease to have effect 14 days after the date on which the counter claim is struck out.


CPR 40 and CPR 50 are amended to resolve doubts about the position regarding when permission to appeal applications and extension of time for permission applications should be made when the hearing at which judgment is given is adjourned – to the effect that the application can be made at the adjourned hearing.

Possession: Further Notice of Eviction

CPR 83.8A(2) is amended to provide to the occupiers a further minimum 7 days’ notice of eviction, if the first eviction does not take place as intended. This is effective from 07 August 2021.

“Tender before Claim” definition

The CPR Glossary is amended to address a gap on the definition of “Tender before claim” and in response to case law (RSM Bentley Jennison (A Firm) & Ors v Ayton [2015] EWCA Civ 1120) to bring it up to date.

It now reads:

“A defence that, before the claimant started proceedings, the defendant unconditionally offered to the claimant the amount due.”.

Tidying up

CPR 70 is amended following the 127th PD Update and the introduction of PD70B. This tidying up exercise (providing for the existing PD70 to be renumbered as PD70A on account of the addition of PD70B, and to amend cross-references in consequence) is in the interests of consistency with other CPR Parts which have more than one PD associated with them.


133rd Practice Direction Update is here.

The Master of the Rolls and the Courts Minister have signed the PD Update. It provides for amendments in respect of:

PD 4 – Forms

This reinstates form N79A (Suspended Committal Order) under the Enforcements Section. This was previously removed in error as part of the contempt reforms.

PD 5B – Communication and Filing of Documents by email

This removes the obligation for parties to include a debit/credit card number when filing an application by email where a fee is payable. Similar changes are also being made to the Family Procedure Rules.

PD 25B – Interim Payments

This corrects errors in references in the rules.

PD 51O – Electronic Working Pilot Scheme

This adds in additional jurisdictions to the e-working (CE-file) pilot scheme.

PD 51U – Disclosure Pilot for the Business and Property Courts

This provides for two updates: extends the pilot for a further 12 months to 31 December 2022, and modifies paragraph 9.2 to clarify that in a case where no order for Extended Disclosure is made in respect of a party on any Issue for Disclosure, that party must still disclose all known adverse documents within 60 days of the first case management conference and provide a Disclosure Certificate certifying that this has been done.

PD 52B – Appeals in the County Court and the High Court

This makes consequential changes related to the above statutory instrument amendments under Part 52.

PD 52D – Statutory Appeals and Appeals Subject to Special Provision

This updates the references (at paragraph 27A.1(2)(c)) to the Welsh Language (Wales) Measure 2011 for Welsh Language Statutory Appeals, which are currently incomplete.

PD 56 – Landlord and Tenant Claims and Miscellaneous Provisions About Land

This updates the Practice Direction to reflect the current state of the legislation because it contained repealed legislation and this was identified in GR Property v Safdar [2020] EWCA Civ 1441 (paragraphs 13 to 21).

PD 61 – Admiralty Claims

This deals with consequential changes related to the above statutory instrument amendments under Part 61 and will update the Practice Directions in relation to the application of PD 57AC (Witness Evidence at Trial), especially to cater for the particular circumstances of contemporaneous witness evidence within the Admiralty jurisdiction.

PD 70 – Enforcement of Judgments and Order

This makes changes consequential to the Part 70 (“tidying up”) amendments referred to in the above statutory instruments.

PD 74A – Merchant Shipping Liner Conferences (Admiralty)

This removes an outdated provision.

PD55C Coronavirus:

Temporary Provision in relation to Possession Proceedings – extends the pilot for a further term (4 months) from end July 2021 to end November 2021

Written by kerryunderwood

July 20, 2021 at 3:21 pm

Posted in Uncategorized

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