Committals, CPR Part 81 and Anti-Social Behaviour, Crime and Policing Act 2014 – change is afoot 

November 9, 2020

As discussed by Sarah Salmon in her recent article, the changes to Part 81, Civil Procedure Rules only came into effect on 1 October 2020 but had already caused issues in the county courts in matters concerning Anti-Social Behaviour, Crime and Policing Act 2014 (2014 Act).

Today, the Civil Procedure (Amendment No.6) Rules 2020  (SI No. 1228) have been laid before Parliament. They are due to come into effect on Wednesday 2 December 2020.

The amendments correct what is said to be “unintended effects” of the Civil Procedure (Amendment No.3) Rules 2020. Importantly, these include 2 amendments concerning the provisions on contempt of court (Part 81, Civil Procedure Rules).

  • First, district judges (and their deputies) will be able to hear applications concerning breaches of injunctions made under the 2014 Act. The announcement on the judiciary website specifically refers to anti-social behaviour injunctions. This amendment is done by adding words to rule 81.3(2) as follows:

“If the application is made in the High Court, it shall be determined by a High Court judge of the Division in which the case is proceeding. If it is made in the county court, it shall be determined by a Circuit Judge sitting in the county court unless under a rule or practice direction it may be determined by a District Judge“.

It is then assumed housing practitioners need to look at Practice Direction 2B as discussed in Sarah’s previous article.

  • Secondly, the statutory instrument removes certain permission applications from the Administrative Court placing them in the Queens’ Bench Division.