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Civil Procedure Rules to be amended so that district judges can hear breaches of Anti-Social Behaviour Injunctions

The Civil Procedure Rules are to be amended “to correct three unintended effects” of changes that came into force at the beginning of October.

The Civil Procedure (Amendment No.6) Rules 2020 have been laid before Parliament and are due to come into effect on Wednesday 2 December 2020.

The amendments are to correct unintended effects of the Civil Procedure (Amendment No.3) Rules 2020.

Two are in relation to the provisions on Contempt of Court (Part 81 of the Civil Procedure Rules) concerning judicial deployment/vires for contempt hearings.

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The No.3 SI precludes District Judges (and their deputies) from hearing breaches of Anti-Social Behaviour Injunctions; this unintended effect is reversed, the Judiciary website said.

The Civil Procedure (Amendment No.6) Rules 2020 ensure that a district Judge is able to determine a contempt application in the county court where a rule or practice direction so provides.

Additionally, the SI removes certain permission applications from the Administrative Court placing them in the Queens’ Bench Division.

The final change is to reinstate a provision on permission to issue Writs of Restitution (Part 83 of the Civil Procedure Rules) that was unintentionally omitted in the process of consolidating amendments to Part 83.

In a recent article Field Court Chambers housing barrister Sarah Salmon explained how issues had been caused by the No.3 SI in matters concerning the Anti-Social Behaviour, Crime and Policing Act 2014.

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