109th UPDATE – PRACTICE DIRECTION AMENDMENTS The amendments to the Practice Directions supplementing the Civil Procedure Rules 1998 are made by the Master of the Rolls under the powers delegated to him by the Lord Chief Justice under Schedule 2, Part 1, paragraph 2(2) of the Constitutional Reform Act 2005, and are approved by Paul Maynard MP, Parliamentary Under- Secretary of State for Justice, by the authority of the Lord Chancellor. The amendments to the existing Practice Directions come into force as follows, subject to the transitional provision made in this update— Practice Direction 2B – Allocation of Cases to Levels of Judiciary 1 October 2019 Practice Direction 3E – Costs Management 1 October 2019 Practice Direction 7A – How to Start Proceedings — The Claim 1 October Form 2019 Practice Direction 7D – Claims for the Recovery of Taxes and Duties 1 July 2019 Practice Direction 27 – Small Claims Track 1 July 2019 Practice Direction 40F – Non-Disclosure Orders Information Scheme 1 October 2019 Practice Direction 49A – Applications under the Companies Acts and 1 October related legislation 2019 Practice Direction 51O – The Electronic Working Pilot Scheme 1 July 2019 Practice Direction 53A – Transferring Proceedings to and from the 1 October Media and Communications List 2019 Practice Direction 53B (substituted for existing Practice Direction 53) 1 October – Media and Communications Claims 2019 Practice Direction 57AA – Business and Property Courts Date on which S.I. 2019/521 comes into force. The Right Honourable Sir Terence Etherton Master of the Rolls and Head of Civil Justice Signed by authority of the Lord Chancellor: 1 Paul Maynard MP Parliamentary Under Secretary of State Ministry of Justice Date: 30 June 2019 TRANSITIONAL PROVISION 1) The following changes do not apply in relation to a claim issued before 1 October 2019— a) The amendments made to Practice Direction 7A; b) the addition of the new Practice Direction 53A; and c) the substitution for Practice Direction 53 of a new Practice Direction 53B. PRACTICE DIRECTION 2B – ALLOCATION OF CASES TO LEVELS OF JUDICIARY 1) In paragraph 8.1, after “District Judge in the County Court” insert “save as provided in this Section”. PRACTICE DIRECTION 3E – COSTS MANAGEMENT 1) In paragraph 7.4, in the first sentence, for “before the date of any” substitute “up to and including the date of the”. PRACTICE DIRECTION 7A – HOW TO START PROCEEDINGS — THE CLAIM FORM 1) After paragraph 2.9 insert— “2.9A (1) Subject to paragraph 2.9, a claim relating to media and communications work (which includes any work which would fall within the jurisdiction of the Media and Communications List if issued in the High Court) may be started in the County Court or High Court; and paragraph 2.1 shall not apply to such a claim. 2 (2) Such a claim should be started in the High Court if, by reason of the factors set out in paragraph 2.4(1) to (3), the claimant believes that the claim ought to be dealt with by a High Court judge. (3) If a claimant starts such a claim in the High Court and the court decides that it should have been started in the County Court, the court will normally transfer it to the County Court on its own initiative. This is likely to result in delay.” PRACTICE DIRECTION 7D – CLAIMS FOR THE RECOVERY OF TAXES AND DUTIES 1) After paragraph 1.1 insert— “1.2 This practice direction also applies to claims by the Welsh revenue Authority for the recovery of a devolved tax (as defined by section 116A(4) of the Government of Wales Act 2006) and interest and penalties thereon. (Section 116A(4) of the Government of Wales Act 2006 defines a devolved tax as a tax which is specified in Part 4A of that Act as a devolved tax. For example, section 116L of the 2006 Act specifies as a devolved tax a tax which is charged on a Welsh land transaction and complies with the requirements of that section.)” 2) After the words in parentheses following paragraph 3.1, insert— ”(Section 168(1) of the Tax Collection and Management (Wales) Act 2016 (“the 2016 Act”) provides that a certificate of Welsh Revenue Authority that a relevant amount (as defined by section 164 of the 2016 Act) has not been paid to Welsh Revenue Authority is sufficient evidence that the sum mentioned in the certificate is unpaid unless the contrary is proved.)” PRACTICE DIRECTION 27 – SMALL CLAIMS TRACK 1) Omit paragraph 4.1. PRACTICE DIRECTION 40F – NON-DISCLOSURE ORDERS INFORMATION SCHEME 3 1) For Practice Direction 40F, substitute the new Practice Direction 40F set out in Schedule 1 to this Update. PRACTICE DIRECTION 49A – APPLICATIONS UNDER THE COMPANIES ACTS AND RELATED LEGISLATION 1) In paragraph 16, for “must be started by a Part 7 claim form” substitute “may be started by a Part 7 or a Part 8 claim form, as appropriate”. PRACTICE DIRECTION 51O – THE ELECTRONIC WORKING PILOT SCHEME 1) For paragraph 2.2A substitute— “2.2A In the Central Office of the Queen’s Bench Division— (a) from 1 January 2019, for a party who is legally represented, as well as for a party who is not legally represented, Electronic Working may be used by that party to start and/or continue any relevant claims or applications; and (b) from 1 July 2019, for a party who is legally represented, Electronic Working must be used by that party to start and/or continue any relevant claims or applications.” PRACTICE DIRECTION 53A – TRANSFERRING PROCEEDINGS TO AND FROM THE MEDIA AND COMMUNICATIONS LIST 1) Immediately after Part 53, insert Practice Direction 53A as set out in Schedule 2 to this Update. PRACTICE DIRECTION 53B – MEDIA AND COMMUNICATIONS CLAIMS 1) For Practice Direction 53, substitute, after Practice Direction 53A, the new Practice Direction 53B as set out in Schedule 3 to this Update. 4 PRACTICE DIRECTION 57AA – BUSINESS AND PROPERTY COURTS 1) In paragraph 1.5, for “EU Competition Law Practice Direction” substitute “Practice Direction – Competition Law”. 2) In paragraph 2.5(2), for “EU Competition Law Practice Direction” substitute “Practice Direction – Competition Law”. 5 SCHEDULE 1 “PRACTICE DIRECTION 40F – NON-DISCLOSURE ORDERS INFORMATION SCHEME This practice direction supplements Part 40 1. This practice direction provides for a scheme for the recording, and transmission to the Ministry of Justice for analysis, of certain data in relation to applications for injunctive relief in civil proceedings to restrain the publication of private or confidential information. The purpose of the scheme is to enable the Ministry of Justice to collate and publish, in anonymised form, information about applications for non-disclosure orders where section 12 of the Human Rights Act 1998 is engaged. 2. The scheme applies in any civil proceedings in the High Court or Court of Appeal in which the court considers an application for a non-disclosure order in civil proceedings to restrain the publication of private or confidential information., the continuation of such a non-disclosure order, or an appeal against the grant or refusal of such a non-disclosure order. The scheme does not apply to proceedings to which the Family Procedure Rules 2010 or the Court of Protection Rules 2017 apply, to immigration or asylum proceedings, to proceedings which raise issues of national security or to proceedings to which Part 21 applies. 3. Except where a direction under paragraph 6 is made, following the hearing of an application for a non-disclosure order or any appeal against the grant or refusal of any such non-disclosure order— (a) the legal representatives for the claimant a defendant will agree the information to be included in the Privacy Injunctions Statistics Form in the Annex to this practice direction (“the Form”) and the claimant’s legal representatives should send the completed Form to the judge or judge’s clerk; (b) the judge will review and record the information specified in paragraph 4 (the information) in a final version of the Form. 4. The information to be included in the Form is— (a) the application number, parties and claim title (anonymised where appropriate); 6 (b) whether the hearing was of— (i) an application for an interim non-disclosure order; (ii) an application for an extension or variation of an interim non-disclosure order or an undertaking to the court; (iii) an application for a final non-disclosure order; or (iv) an appeal against the grant or refusal of an interim or final non-disclosure order; (c) whether the hearing was on notice, or without notice to— (i) the defendant; or (ii) any third party liable to be affected by the order; (d) whether the parties consented to the order; (e) whether the defendant was— (i) a news media organisation; (ii) a social media platform; (iii) a search engine; (iv) an individual publisher; (v) other – please specify; (f) whether the claimant notified a third party that was— (i) a news media organisation; (ii) a social media platform; (iii) a search engine; (iv) an individual publisher; (v) other – please specify; 7 (g) whether any derogations from the principle of open justice were sought, and if so— (i) what they were; (ii) whether they were granted; (iii) if granted whether with the parties’ consent. 5. Derogations from the principle of open justice include, but are not limited to— (a) an order that the hearing be held wholly or partly in private; (b) an order that the names of one or more of the parties not be disclosed; (c) an order that access to documents on the court file be restricted (under rule 5.4C or the inherent jurisdiction); (d) an order that the provision of documents to third parties be restricted (under Practice Direction 25A, paragraph 9.2); and (e) an order prohibiting disclosure of the existence of the proceedings or the order.