The most recent iteration of proposed Brexit amendments to the Civil Procedure Rules 1998 was laid before Parliament on 8 March 2019 (Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019).
Will they still be relevant in few days’ time? Who knows! In the meantime, for those interested, here are the headlines.
Part 6 (service):
- provision for service on solicitors or European lawyers in EEA states is removed (subject to a saving provision where an address for service is given before exit day);
- provision for service of the claim form without permission outside the UK is amended to remove reference to the Judgments Regulation and Lugano Convention (subject to a saving provision for claims forms served before exit day);
- provision for service under the Service Regulation is removed (subject to a saving provision where the relevant documents have been filed before exit day).
Part 12 (default judgment):
- provision for default judgment to be obtained on application against defendants in Convention territories or Member States who have failed to file an acknowledgment of service is removed (subject to a saving provision for claims served out of the jurisdiction before exit day).
Part 25 (interim remedies and security for costs):
- a reason for the court to make an order for security for costs arises where the claimant is resident out of the jurisdiction even if they are resident in states party to the Brussels Convention, Judgments Regulation or the Lugano Convention (subject to a saving provision for claims issued before exit day).
Part 34 (witnesses, depositions and evidence for foreign courts):
- Section III (Taking of Evidence—Member States of the European Union) is omitted in its entirety;
- The procedure for taking evidence by deposition from persons outside the jurisdiction is extended to persons within Judgments Regulation states.
Parts 68 (references to the European Court) and 78 (European procedures) are revoked in their entirety.
There are wide-ranging changes to the provisions for enforcement of judgments in foreign jurisdictions under Part 74 – these should be studied separately.