PD51ZA WAS NOT EXTENDED: NEW PROVISIONS PLANNED TO ALLOW RULES TO BE CHANGED DURING PUBLIC EMERGENCY

There have been several enquiries recently as to whether PD51ZA, which allowed the parties to agree lengthier extensions of time, was extended. The simple answer is that it was not. The rule expired on 30th October 2020.

MINUTES OF THE CIVIL PROCEDURE RULE COMMITTEE

The minutes for November 2020

“The Chair noted that various enquiries from publishers and practitioners, including the Law Society have been raised via the secretariat as to whether this PD, which expired on 30 October 2020, will be extended. The views of Designated Civil Judges have also been canvassed, but there is no appetite for further extensions. As such, it was AGREED NOT TO EXTEND PD51ZA.”

POWER TO MAKE RULES IN A PUBLIC EMERGENCY

The Rules are to be amended to specifically allow amendments to be made when there is a public emergency.

“Provision for Emergency Rule/PDs CPR(20)45
29. Alasdair Wallace set out the rationale for the proposal to provide an express provision within the CPR to enable rules and PDs to be modified by PD where it is necessary to deal with a public emergency. The Court of Appeal’s judgment in Arkin -v- Marshall provided reassurance in relation to the vires under the piloting provisions, but a new rule would give the CPRC an alternative to “piloting” which may be more appropriate in certain circumstances. The intention is that a mirroring provision will be made within the Family Procedure Rules.

30. Preliminary drafting  was before the CPRC which proposed a short new rule 51.3 and this was discussed. Kerr J also raised whether it was appropriate and opportune to revoke rule 51.1 and the 19 redundant paragraphs of PD 51A (Transitional Arrangements). It was
AGREED subject to final drafting to:
• introduce a new rule 51.3 to deal with public emergencies.
• revoke r51.1 and PD51A

31. Actions:

(i) Drafting Lawyers and Secretariat to include in the next available SI, as part of the common-commencement date updates, due to come into force in April 2021.

(ii)Secretary to liaise with FPRC Secretariat as regards a mirroring provision.”