supreme court of england and wales Citation, commencement and interpretation 1 These Rules may be cited as the Civil Procedure (Amendment No.3) Rules 2006 and shall come into force on 6th April 2007. 2 In these Rules— a a reference to a Part or rule by number alone means the Part or rule so numbered in the Civil Procedure Rules 1998 ; b a reference to an Order by number and prefixed by “ RSC ” means the RSC Order so numbered in Schedule 1 to those Rules; and c a reference to an Order by number and prefixed by “ CCR ” means the CCR Order so numbered in Schedule 2 to those Rules. Amendment to the Civil Procedure Rules 1998 3 In rule 3.1(6A)— a after “party in the proceedings” omit “, subject to the right of a defendant under rule 37.2 to treat all or any part of any money paid into court as a Part 36 payment”; and b omit “(Rule 36.2 explains what is meant by a Part 36 payment)”. 4 In Part 14— a for the heading in rule 14.1, substitute “Admissions made after commencement of proceedings”; b for rule 14.1(5), substitute “The permission of the court is required to amend or withdraw an admission.”; and c after rule 14.1, insert— Admissions made before commencement of proceedings 14.1A 1 A person may, by giving notice in writing, admit the truth of the whole or any part of another party’s case before commencement of proceedings (a ‘pre-action admission’). 2 Paragraphs (3) to (5) of this rule apply to a pre-action admission made in the types of proceedings listed at paragraph 1.1(2) of the Practice Direction to this Part if one of the following conditions is met— a it is made after the party making it has received a letter of claim in accordance with the relevant pre-action protocol; or b it is made before such letter of claim has been received, but it is stated to be made under Part 14. 3 A person may, by giving notice in writing, withdraw a pre-action admission— a before commencement of proceedings, if the person to whom the admission was made agrees; b after commencement of proceedings, if all parties to the proceedings consent or with the permission of the court. 4 After commencement of proceedings— a any party may apply for judgment on the pre-action admission; and b the party who made the pre-action admission may apply to withdraw it. 5 An application to withdraw a pre-action admission or to enter judgment on such an admission— a must be made in accordance with Part 23; b may be made as a cross-application. . 5 Rule 14.1A will not apply to an admission made before 6th April 2007. 6 In Part 27— a in rule 27.2(1)(g), after “offers to settle” omit “and payments into court”; and b after rule 27.14(2A), omit “(Rule 36.2(5) allows the court to order Part 36 costs consequences in a small claim)”. 7 1 For Part 36, substitute Part 36 (Offers to settle) as set out at Schedule 1 to these Rules. 2 Where a Part 36 offer or Part 36 payment was made before 6th April 2007, if it would have had the consequences set out in the rules of court contained in Part 36 as it was in force immediately before 6th April 2007, it will have the consequences set out in rules 36.10, 36.11 and 36.14 after that date. 3 Where a Part 36 offer or Part 36 payment was made before 6th April 2007, the permission of the court is required to accept that offer or payment, if permission would have been required under the rules of court contained in Part 36 as it was in force immediately before 6th April 2007. 4 Rule 37.3 will apply to a Part 36 payment made before 6th April 2007 as if that payment into court had been made under a court order. 5 Subject to paragraph (6), where a person has made a Part 36 offer or Part 36 payment less than 21 days before 6th April 2007— a paragraphs (1) to (4) of this Rule shall not apply to the offer or payment; and b the rules of court contained in Part 36 as it was in force immediately before 6th April 2007 shall continue to apply to that offer or payment as if they had not been revoked. 6 Paragraph (5) ceases to apply to a Part 36 offer or Part 36 payment made less than 21 days before 6th April 2007 at the expiry of 21 days from the date that offer or payment was made unless the trial has started within that period. 7 Where, before 6th April 2007, a person has made an offer to settle before commencement of proceedings which complied with rule 36.10 as it was in force immediately before 6th April 2007— a the court will take that offer into account when making any order as to costs; and b the permission of the court will be required to accept the offer after proceedings have been commenced. 8 For Part 37, substitute Part 37 (Miscellaneous Provisions about Payments into Court) as set out at Schedule 2 to these Rules. 9 After rule 41.3, insert— 41.3A 1 Where— a a claim includes claims arising under— i the Fatal Accidents Act 1976; and ii the Law Reform (Miscellaneous Provisions) Act 1934; and b a single sum of money is ordered or agreed to be paid in satisfaction of the claims, the court will apportion the money between the different claims. 2 Where, in an action in which a claim under the Fatal Accidents Act 1976 is made by or on behalf of more than one person, a single sum of money is ordered or agreed to be paid in satisfaction of the claim, the court will apportion it between the persons entitled to it. 3 Unless it has already been apportioned by the court, a jury or agreement between the parties, the court will apportion money under paragraphs (1) and (2)– a when it gives directions under rule 21.11 (control of money received by a child or patient); or b if rule 21.11 does not apply, on application by one of the parties in accordance with Part 23. . 10 In Part 44— a in rule 44.3— i in sub-paragraph (4)(c), for “(whether or not made in accordance with Part 36)” substitute “, and which is not an offer to which costs consequences under Part 36 apply”; and ii omit “(Part 36 contains further provisions about how the court’s discretion is to be exercised where a payment into court or an offer to settle is made under that Part)”; and b in rule 44.12(1)— i for sub-paragraph (b), substitute “rule 36.10(1) or (2) (claimant’s entitlement to costs where a Part 36 offer is accepted)”; and ii omit sub-paragraph (c). 11 In Part 45, omit rule 45.3(2). 12 In Part 47, in the third row of the table following rule 47.7, after “Acceptance of an offer to settle” omit “or a payment into court”. 13 In Part 52— a in rule 52.12(1), for “or Part 36 payment” substitute “or payment into court”; b in rule 52.12(2), for “or Part 36 payment” substitute “or payment into court”; c in rule 52.12(3), for “or Part 36 payment” substitute “or payment into court”; and d after rule 52.12, insert the following— (Rule 36.3 has the effect that a Part 36 offer made in proceedings at first instance will not have consequences in any appeal proceedings. Therefore, a fresh Part 36 offer needs to be made in appeal proceedings. However, rule 52.12 applies to a Part 36 offer whether made in the original proceedings or in the appeal.) . 14 After rule 65.30, insert Section VI (Drinking Banning Orders under the Violent Crime Reduction Act 2006) as set out in Schedule 3 to these Rules. 15 The following provisions are revoked— a RSC Order 93, rules 2, 5(2) and (3), and 22; b RSC Order 94, rules 1 to 3, 14 and 15; c RSC Order 95, rules 2 and 3; d RSC Order 96, rules 2 to 8; e RSC Order 110; f CCR Order 45, rule 1; g CCR Order 46; h CCR Order 49, rules 7 and 12. Sir Anthony Clarke, M.R. John Dyson, L.J. Michael Briggs, J. Steven Whitaker District Judge Robert Hill District Judge Carlos Dabezies Richard Walford David di Mambro Philip Rainey Juliet Herzog Andrew Parker Peter Candon I allow these Rules Falconer of Thoroton, C. 19th December 2006