The Civil Procedure (Amendment) Rules 2009 (SI 2092) were made on 28 July 2009 and, with certain exceptions, come into force today. They are accompanied by an update (the 50th) containing amendments to the practice directions which are such a key part of the modern system.

Do not be alarmed by their length. They are nothing like as daunting as mere size would suggest.

From today the House of Lords ceases to be the final appeal court for England and Wales. Under the Constitutional Reform Act 2005, a new Supreme Court is created and the law lords transfer to it as justices of the Supreme Court. A series of amendments to the CPR is necessary as a consequence, substituting ‘Senior Courts’ for the old meaning of ‘Supreme Court’.

Part 35 and PD35, concerning experts, have been reviewed. There is a general consensus that this is an area where the CPR are working well. Accordingly, the review has resulted only in some ‘tidying up’ amendments and not fundamental change.

But the new part 35 and PD35 will need to be read by all lawyers and experts. The new mandatory statement of truth in an expert’s report is: ‘I confirm that I have made clear which facts and matters in this report are within my own knowledge and which are not. Those that are within my own knowledge I confirm to be true. The opinions I have expressed represent my true and complete professional opinions on the matters to which they refer’. This new wording is found in the ‘protocol for the instruction of experts to give evidence in civil claims’, which in turn is found in the annex to the new PD35.

Further, by new paragraph 13.5 of the protocol, experts’ reports must contain statements that they (i) understand their duty to the court and have complied with and will continue to comply with it; and (ii) are aware of the requirements of part 35, PD35, this protocol and the PD on pre-action conduct.

New definitions of ‘expert’ and ‘single joint expert’ are provided.

Typical tidying up amendments include:

(i) making provision for written questions to experts to be proportionate (rule 35.6(1));

(ii) amending rule 35.4(4) enabling the court to limit the amount of an expert’s fees and expenses that can be recovered from another party;

(iii) providing in small claims and fast-track cases that permission will normally only be given to call expert evidence on a particular issue from one expert (rule 35.4(3A));

(iv) providing that where an application is made for permission to rely on an expert the application must identify the field in which expert evidence is required and, where practicable, the name of the proposed expert; and

(v) amending rule 35.7 (court’s power to direct that evidence is to be given by a single joint expert).

Part 65 had previously been amended to provide for ‘drink banning orders’ under the Violent Crime Reduction Act 2006. The Home Office then decided that the act was not to be brought into force and so part 65 was amended again to delete the provisions. The Home Office has now decided that it does want them after all so section VI of part 65 is re-inserted. These provisions are in force from 31 August 2009.

Part 79 is amended to insert provision for notification orders (made by the High Court under the Prevention of Terrorism Act 2005 and the Counter-Terrorism Act 2008).

A new part 63 (intellectual property claims) is substituted.

There are important amendments to part 44 (general rules about costs) in relation to ‘publication cases’ (defamation and similar cases). Insurance premiums for an after-the-event (ATE) policy cannot be recovered for any period if the required information about the policy was not given. Further, an ATE premium cannot be recovered in ‘costs only’ proceedings if an admission of liability leading to settlement was made within 42 days of being given the required information.

Provision is made in part 68 for a reference to the European Court to include a request for a preliminary ruling under that court’s urgent preliminary ruling procedure.

Rules 6.3, 6.20, 74.6 and part 49 are all amended as a consequence of the remaining provisions of the Companies Act 2006 being brought into force.

A new practice direction (electronic working pilot scheme) supplements rule 5.5. It applies for a pilot scheme to operate in the Admiralty, Commercial and London Mercantile Courts of the High Court at the Royal Courts of Justice (although it may be extended to other courts) for the period 1 April 2009 to 31 March 2010 for claims started on or after 1 April 2009.

Practice direction 2A is amended to provide a formula (in the form of a table) which clearly shows on which days court offices will close over the Christmas period. This avoids the need for the lord chancellor to make ‘closure orders’ each year. There is always one extra day to Christmas Day and Boxing Day and this will vary according to which day of the week Christmas Day falls on. It means that there is always a period of three days between Christmas and New Year when court offices are open (and, in some cases, sitting).

A new practice direction 51D (defamation proceedings costs management scheme) supplements parts 29 and 44. It introduces a pilot scheme to operate from 1 October 2009 to 30 September 2010 at the Royal Courts of Justice and the District Registry at Manchester in proceedings which include allegations of libel, slander and/or malicious falsehood. It provides for costs management based on the submission of detailed estimates (in the form of precedent HA) for future base costs, that is compulsory costs budgeting. It may be appropriate for cases commenced elsewhere to be transferred to London or Manchester.

The mortgage pre-action protocol, which sets out the steps which a lender must now take before issuing proceedings, has been amended to include a prescribed checklist, two copies of which lenders must bring to the hearing.

A mixed bag. No one will be interested in all of it, but every civil litigator will need to know some of it.

District Judge Hill sits at Scarborough County Court. He is a member of the Civil Procedure Rule Committee and visiting professor of law at Leeds Metropolitan University