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New CPRs in force on 27 February 2015
02 March 2015
Author:
JHA
The Civil Procedure (Amendment) Rules 2015 were published on 26 February 2015 and came into force on 27 February 2015. They amend the Civil Procedure Rules 1998 for the purpose of implementing certain provisions of the Counter-Terrorism and Security Act 2015.
The amendments are as follows:
- The insertion of a new Part 88 containing rules about proceedings in relation to temporary exclusion orders, particularly where sensitive material is in issue, and it is necessary to ensure that such material is not disclosed where such disclosure would be contrary to the public interest. This includes modification of the application of other Parts of the CPR for the purposes of those proceedings; and
- The amendment of rule 1.2 (application by the court of the overriding objective), so that it is subject to rule 88.2 (modification to the overriding objective). Rule 88.2 modifies the overriding objective for the purposes of Part 88 by placing a duty on the court to ensure that information is not disclosed where such disclosure would be contrary to the public interest and by requiring that the overriding objective be read and given effect in a way which is compatible with that duty. This, and the rest of Part 88, is, however, subject to paragraph 5(1) of Schedule 3 to the 2015 Act, which provides that nothing in the relevant provisions of the 2015 Act or in rules made by virtue of them is to be read as requiring the court to act in a manner inconsistent with Article 6 of the European Convention on Human Rights.