PRACTICE DIRECTION 51ZB - THE DAMAGES CLAIMS PILOT
Contents of this Practice Direction
SECTION 1 – SCOPE OF THE DAMAGES CLAIMS PILOT
1.1
In this Practice Direction—
“all proceedings order” means an all proceedings order under section 42(1A) of the Senior Courts Act 1981;
“CNBC” means the Civil National Business Centre;
“civil proceedings order” means a civil proceedings order under section 42(1A) of the Senior Courts Act 1981;
“civil restraint order” means an order specified in CPR Practice Direction 3C paragraph 1(a), 1(b) or 1(c);
“the Damages Claims Portal” (and “the DCP”) means the online portal for managing damages claims managed by HM Courts and Tribunals Service;
"DCP legal representative” means a legal representative who is registered with MyHMCTS and has been granted access to the DCP;
“early adopter court” means a County Court hearing centre that has been selected to trial more advanced features within the DCP and is listed on the HCMTS Reform Civil Fact Sheet which can be found at www.gov.uk/government/publications/hmcts-reform-civil-fact-sheets;
“MyHMCTS” means the online case management tool managed by HM Courts and Tribunals Service.
1.2
(1) This Practice Direction—
(a) establishes a pilot to test an online claims process called “Damages Claims”. Damages Claims are managed using the Damages Claims Portal (“DCP”); and
(b) sets out the circumstances in which the DCP must be used.
(2) The pilot applies in the County Court.
1.3
The pilot will run from 28 May 2021 until 1 October 2024.
1.4
This Practice Direction sets out the procedure to be followed when using the DCP. The Civil Procedure Rules (“CPR”) will apply to Damages Claims save that where provisions in this Practice Direction conflict with other provisions in the CPR or other practice directions (“PD”), this Practice Direction takes precedence until the claim is transferred out of the DCP. Once the claim is transferred out of the DCP, this Practice Direction will no longer apply. The transfer of a claim out of the DCP does not affect the validity of any step taken prior to transfer.
1.5
(1) The following are available from links on the DCP—
(a) guidance on the operation of the DCP;
(b) a “dummy version” of the DCP with copies of the DCP screens that need to be completed to start a claim or to respond to a claim; and
(c) specification documentation for the DCP.
(2) The documents identified in sub-paragraph (1) are not part of this Practice Direction.
1.6
(1) The conditions for using the pilot are set out in sub-paragraph (3).
(2) If all of the conditions in sub-paragraph (3) are met—
(a) the claimant’s legal representative must register with MyHMCTS and secure access to the DCP before the claim is started;
(b) the claimant must give the defendant the notice referred to in paragraph 1.9(2)(a) unless it is impractical to do so; and
(c) the claim must be started using the procedure set out in this Practice Direction.
(3) The conditions referred to in sub-paragraph (1) are—
(a) the claim is a claim for damages only;
(b) the claim would not ordinarily follow the Part 8 procedure;
(ba) the claim is not one that could be started online using the Production Centre under Practice Direction 7B Production Centre;
(bb) the claim is not one that could be started online using Money Claim Online under Practice Direction 7C – Money Claim Online;
(c) the claim is not made under one of the provisions of the Consumer Credit Act 1974 specified in CPR PD 7B paragraph 3.1;
(d) the claimant is represented by a legal representative;
(e) if an individual, the claimant is aged 18 years or over, or is under 18 and has a litigation friend (in which case a statement of suitability must be provided);
(f) the claimant is not a protected party within the meaning of CPR 21.1(2)(d);
(g) the fee for issuing the claim is paid in full using any method permitted by HMCTS;
(ga) the claimant will not, before submitting their claim, apply for remission or part remission of a fee prescribed by the Civil Proceedings Fees Order 2008;
(h) the claim is conducted in English;
(i) the claimant does not have in force against them—
(i) a civil proceedings order;
(ii) an all proceedings order; or
(iii) a civil restraint order;
(j) the claimant believes that the defendant—
(i) has a postal address for service within England and Wales;
(ii) if an individual, is aged 18 years or older; and
(iii) is not a protected party; and
(iv) is not the Crown;
(k) the claim is not one to which Practice Direction 27B applies; and
(l) the claim—
(i) is brought by one claimant against either one or two defendants; or
(ii) is brought by two claimants against one defendant.
1.7
The date specified in paragraph 3.4 applies whether or not it falls on a weekend or public holiday (which means Christmas Day, Good Friday or a Bank Holiday). In respect of every other time limit provided by this Practice Direction—
(a) if it would otherwise fall at 4pm on a weekend or public holiday, the time limit is automatically extended to 4pm on the next business day; and
(b) if it would otherwise fall at midnight at the end of a day which is a weekend or public holiday, the time limit is automatically extended to midnight at the end of the next business day.
1.8
Where—
(a) a party is required to verify a document by signing a statement of truth; and
(b) that document (or the content of that document) is to be uploaded to the DCP; or
(c) a party otherwise provides information to the court using the DCP,
the requirement for a signature is satisfied by the person who is verifying the document typing their name beneath the statement of truth or clicking a checkbox confirming the statement of truth.
1.8A
(1) Where a document is uploaded to the DCP it is for all purposes filed with the court.
(2) If a document is to be served and can be uploaded to the DCP, the document may only be served by uploading it to the DCP.
(3) Service is deemed to have taken place at the time and date at which the notification is sent by the DCP to the party being served that the document has been uploaded to the DCP.
1.9
(1) If all of the conditions in sub-paragraph (2) are met—
(a) the defendant’s legal representative must—
(i) register with MyHMCTS and secure access to the DCP before the claim is started;
(ii) notify the claimant that they are instructed; and
(iii) provide the claimant with their email address for claim notifications; and
(b) the claimant must—
(i) provide the defendant’s legal representative’s email address for claim notifications to the court using the DCP when starting the claim under section 2 of this Practice Direction; and
(ii) notify the claim to the defendant using the procedure set out in section 3 of this Practice Direction.
(2) The conditions referred to in sub-paragraph (1) are—
(a) the claimant gives the defendant at least 14 days’ notice of their intention to bring a claim using the DCP; and
(b) the defendant has instructed a legal representative before the claim is started.
SECTION 2 – STARTING A CLAIM
2.1
(1) To request the issue of a claim form the claimant must—
(a) complete the claim form using the DCP’s screens;
(b) submit the claim form using the DCP, by selecting the “submit” button; and
(c) pay, through the DCP, the appropriate fee that is prescribed in the Civil Proceedings Fees Order 2008.”.
(2) By selecting the “submit” button the user thereby—
(a) verifies the brief details of claim by a statement of truth for the purposes of CPR Part 22 and CPR 32.14; and
(b) requests that the court issues a claim form.
(3) Unless the document cannot be uploaded to the DCP, any document which the claimant wishes to file or is required to file with the claim form must be uploaded to the DCP, and must be in one of the machine-readable formats accepted by the DCP.
2.2
(1) The court must notify the claimant by e-mail when the claim is received by the court.
(2) Notification of receipt does not constitute notice that the claim form has been issued.
(3) The court must issue the claim form when payment of the appropriate fee is confirmed.
(4) The claim is brought for the purpose of the Limitation Act 1980 and any other period of limitation at the point at which the claim is issued, and not before. CPR PD 7A paragraph 6.1 does not apply.
(5) The court must—
(a) notify the claimant by e-mail when the claim is issued and of the date of issue; and
(b) provide the issued claim form to the claimant via the DCP.
SECTION 3 – NOTIFYING CLAIM AND CLAIM DETAILS TO DEFENDANT
3.1
The claimant must notify the claim to the defendant. After notifying the claim to the defendant the claimant must notify the claim details to the defendant.
Sub-section A. Defendant represented by a DCP legal representative at the time the claim starts
3.2
This Sub-section A applies if the claimant, when starting the claim, provided the court, through the DCP, with the name of the DCP legal representative for the defendant.
3.3
(1) The claimant must notify the defendant of the claim through the DCP.
(2) Notification of the claim constitutes service of the claim form in accordance with CPR 7.5(1).
(3) When the defendant is notified of the claim—
(a) all parties must be notified of the date of notification;
and
(b) the defendant must be notified of the date of issue of the claim, through the DCP.
3.4
The claimant must comply with paragraph 3.3(1) before 12 midnight at the end of the calendar day four months after the date of issue of the claim form.
Examples:
- Claim form issued on 31 May 2021. The claimant must notify the defendant of the claim before midnight at end of 30 September 2021.
- Claim form issued on 9 June 2021. The claimant must notify the defendant of the claim before midnight at end of (Saturday) 9 October 2021.
- Claim form issued on 28 February 2022. The claimant must notify the defendant of the claim before midnight at end of 28 June 2022.
3.5
Notification of the claim, or any documents provided, may be amended or added to, using the DCP, at any time before they have been notified to the defendant.
3.6
(1) The claimant must provide the details of the claim (the Particulars of Claim and any supporting documents) through the DCP, by completing the relevant screens.
(2) Unless the document cannot be uploaded to the DCP, any document which the claimant wishes to file or is required to file in support of their claim must be uploaded to the DCP, and must be in one of the formats accepted by the DCP.
3.7
The details must include the information required by CPR 16.4.
3.8
The details of the claim or any documents provided may be amended or added to, using the DCP, at any time before they have been notified to the defendant.
3.9
(1) The claimant must notify the defendant of the details of the claim before the earlier of—
(a) the time specified in paragraph 3.4; and
(b) 4pm on the 14th day after that defendant was notified of the claim.
(2) All parties must be notified of the date of notification through the DCP.
Sub-section B. Defendant not represented by a DCP legal representative at the time the claim starts
3.10
This Sub-section B applies if the claimant, when starting the claim, notified the court, through the DCP, that the defendant was not represented by a DCP legal representative.
3.11
(1) The claimant must comply with Sub-section A above, subject to the following modifications –
(a) a claimant complies with paragraph 3.3(1) (notification of claim) by –
(i) serving the claim form that is generated by the DCP in accordance with CPR rule 7.5(1); and
(ii) notifying the court of service within 14 days after the date of service of the claim; and
(b) a claimant complies with paragraph 3.6(1) (notification of details of claim) by –
(i) serving the details of the claim in accordance with CPR rule 6.20; and
(ii) notifying the court of service within 14 days after service of the details of claim.
(2) If, within 14 days of compliance with paragraph (1)(b)(i), the court receives any paper notification from the defendant, the court must transfer the claim out of the DCP to the CNBC.
(3) Unless, within 14 days of compliance with paragraph (1)(b)(i) –
(a) the defendant gives notice that they are represented in accordance with Sub-section E below (in which case the court must notify the claimant); or
(b) the court has already transferred the claim out of the DCP, paragraph 6.6 does not apply and the court must transfer the claim out of the DCP at the end of the 14 daysto the CNBC to continue as if it had started under CPR Part 7, including as to any request or application for judgment in default.
Sub-section C. Two defendants and one defendant not represented by a DCP legal representative at the time the claim starts
3.12
If there are two defendants, and one defendant is not represented by a DCP legal representative at the time the claim starts –
(a) in relation to the defendant that is represented by a DCP legal representative at the time the claim starts, Sub-section A applies, except that –
(i) the claimant must serve a paper version of the claim form, and must also use the DCP to notify that defendant of the claim within 14 days of the date of service of the claim form;
(ii) paragraph 1.8A is disapplied; and
(iii) the response time is to be calculated by reference to the date of service of the details of claim stated on the notification of service on the other defendant, and paragraph 6.3 is modified accordingly; and
(b) in relation to the defendant that is not represented by a DCP legal representative at the time the claim starts, Sub-section B applies.
Sub-section D. Notification of service
3.13
(1) Subject to subparagraph (3) below, a party notifies the court of service by completing the relevant screens on the DCP to notify service.
(2) Where a party notifies the court of service, the court must notify all parties.
(3) Where the party is required to notify the court of service of a document on more than one party, and where service took place on different days, a party notifies the court of service by filing paper certificates of service at the CNBC.
(4) If the court receives paper certificates of service in accordance with paragraph (3) above, the court must transfer the claim out of the DCP to the CNBC.
Sub-section E. Notice of representation
3.14
A party gives notice of change of representation under this Sub-section E by using MyHMCTS to file notice of change of solicitorin circumstances where the person named in the notice of change as taking over representation is registered with MyHMCTS and has been provided with access to the DCP.
(Paragraph 8.7 sets out how else notice of change of representation can be given.)
SECTION 4 – FAILURE TO NOTIFY THE CLAIM OR DETAILS OF CLAIM
4.1
If the claimant has not notified the defendant of the claim by the time specified in paragraph 3.4, then the claim against the defendant will be automatically dismissed without the need for any further order.
4.2
If the claim is dismissed under paragraph 4.1, any application for an order extending the time allowed by paragraph 3.4 must be made by an application for an order under CPR 7.6, which must be filed at the CNBC.
4.3
If the claimant has not notified the defendant of the details of the claim by the time specified in paragraph 3.9, the claim against the defendant will be automatically dismissed.
4.4
Any application for an order extending the time allowed by paragraph 3.9, or to reinstate a claim that has been dismissed under paragraph 4.3, must be made by an application which must be filed at the CNBC.
SECTION 5 – DEFENDANT’S ACKNOWLEDGEMENT OF CLAIM
5.1
(1) The defendant may acknowledge the claim after notification of the details of the claim.
(2) An acknowledgement under sub-paragraph (1) must be given through the DCP.
(3) Subject to paragraphs (1) and (2), the defendant must acknowledge the claim if they wish to challenge the court’s jurisdiction.
(4) Where the defendant acknowledges the claim under paragraph (3) the defendant must, within 14 days, make an application under CPR Part 11 which must be filed at the CNBC.
(5) Where the defendant files an application under CPR Part 11 at the CNBC the claim must be transferred out of the DCP to continue in the CNBC as if it had been started under CPR Part 7.
(6) If the claim is transferred out of the DCP under sub-paragraph (5), paragraph 8.4 will apply.
5.2
The time within which the defendant may acknowledge the claim expires at 4pm on the 14th day after notification of the details of the claim.
SECTION 6 – DEFENDANT’S RESPONSE TO CLAIM
6.1
The defendant must respond to the claim by the time stated on the DCP.
6.2
(1) The parties may agree an extension of time without making an application, provided that only one extension may be agreed and that extension is of 28 days. The defendant must record on the DCP any such agreed extension of time before the expiry of the time limit stated on the DCP. The time limit will then be amended on the DCP.
(2) Any application for an extension of time must be filed at the CNBC.
(3) On receipt of an application under subparagraph (1), the court is to send the claim out of the DCP.
6.3
The time stated on the DCP for the purposes of paragraph 6.2 is—
(a) 4pm on the 14th day after the claimant notified the defendant of the details of the claim (if the defendant has not acknowledged the claim under section 5 and no alternative date has been set);
(b) 4pm on the 28th day after the claimant notified the defendant of the details of the claim (if the defendant has acknowledged the claim under section 5 and no alternative date has been set); or
(c) such other date stated on the DCP following the agreement of the parties under paragraph 6.2(1).
6.4
(1) The defendant must respond to the claim through the DCP.
(2) If the defendant indicates that they—
(a) admit all or part of the claim; or
(b) wish to make a counterclaim,
the claim will be automatically transferred out of the DCP to continue in the CNBC and paragraph 8.4 will apply.
6.5
(1) If the defendant indicates that they will defend all of the claim, they must submit—
(a) the details of their defence; and
(b) the directions questionnaire,
by completing the relevant screens, and selecting the “submit response” button, on the DCP.
(2) The defendant’s response must include the information required by CPR 16.5.
(3) Unless the document cannot be uploaded to the DCP, any document which the defendant wishes to file or is required to file with their defence must be uploaded to the DCP, and must be in one of the machine-readable formats accepted by the DCP.
(4)
(a) the claimant must be notified when the defendant has submitted details of their defence; and
(b) all parties must be notified of—
(i) the date of notification; and
(ii) the date by which the claimant must provide initial case management information.
6.6
(1) Unless sub-paragraph (4) applies, if the defendant does not respond to the claim by the time specified in paragraph 6.3, the claimant may ask for judgment in default of a response to the claim by requesting judgment through the DCP.
(2) A claimant requests judgment through the DCP by –
(a) completing the relevant screens on the DCP; and
(b) submitting the completed screens using the DCP.
(3) Judgment is to be entered following a request made under sub-paragraph (2) if at the date of making the request –
(a) the defendant has not responded to the claim;
(b) the defendant has not applied to strike out the claim, or, if the defendant has applied to strike out the claim, that application has been disposed of;
(c) no party has applied for summary judgment under CPR Part 24, or, if any party has applied for summary judgment under Part 24, that application has been disposed of; and
(d) the defendant has not satisfied the whole claim, including costs.
(4) If the defendant does not respond to the claim by the time specified in paragraph 6.3 and –
(a) CPR rule 12.11 would apply if the claim had been started under CPR Part 7; or
(b) there is a moratorium in place under the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020,
(5) the claimant may not request judgment in default through the DCP but may instead make an application on paper for default judgment in accordance with Part 23 to the CNBC.
6.7
(1) If—
(a) the defendant fails to respond to the claim by midnight on the date 6 months after the date of notification of the details of the claim;
(b) the claimant has not made a request or applied for judgment under paragraph 6.6; and
(c) the claimant has not made an application under paragraph 8.1,
the claim will be automatically dismissed.
(2) Any application to extend the time period in sub-paragraph (1), or to reinstate a claim that has been dismissed under sub-paragraph (1), must be filed at the CNBC.
SECTION 7 – INITIAL CASE MANAGEMENT
7.1
(1) If the defendant responds to the claim with a defence, the claimant must –
(a) indicate whether they want to continue with the claim; and
(b) if they do want to continue with the claim, provide hearing information using the DCP,
before 4pm on the 28th day after date of notification of the defendant’s response.
7.2
CPR 26.6 does not apply to claims started using the DCP.
7.3
Omitted
7.4
If the claimant does not comply with paragraph 7.1 within the time specified in that paragraph—
(a) the claim will, at that point, be transferred out of the DCP to a County Court Hearing Centre pursuant to paragraph 8.1;
(b) the claim will be treated in the same way as if the claimant had failed to comply with a notice served under CPR 26.4(1); and
(c) an order will be made under CPR 26.4(9).
Following directions, defended claims to be sent out unless claim proceeding in an early adopter court
7.4A
(1) Once the claimant has provided hearing information and directions have been made, the claim is to be transferred out of the DCP unless subparagraph (2) applies.
(2) This subparagraph applies if –
(a) the claim is proceeding in an early adopter court; and
(b) the parties are notified that the claim has been transferred to that early adopter court.
(If subparagraph (2) applies, the claim remains in the DCP so that this practice direction continues to apply.)
7.5
In those claims to which the provisions of Section II of CPR Part 3 and Practice Direction 3D apply, CPR 3.13(1)(a) is disapplied and all parties except litigants in person must file and exchange budgets in accordance with CPR 3.13(1)(b), namely not later than 21 days before the first case management conference.
7.6
Trial readiness certificate
7.6(1) This paragraph applies where a claim is allocated to the fast track.
(2) CPR Rule 28.4 and 28.5 do not apply, except to the extent provided for by subparagraph (6).
(3) Within 2 weeks of notice from the court via the DCP to do so, the parties must use the relevant screens on the DCP to complete and submit a “trial readiness certificate”, to indicate whether they are ready for trial and to update any hearing requirements already given to the court.
(4) As soon as practicable after the date that all trial readiness certificates are submitted, the court shall—
(a) fix the date for the trial, unless it has already done so;
(b) give any directions for the trial, including a trial timetable, which it considers appropriate; and
(c) specify any further steps that need to be taken before trial,
and the court shall give the parties at least 3 weeks’ notice of the date of the trial unless, in exceptional circumstances, the court directs that shorter notice be given.
(5) Notwithstanding that the parties must complete a trial readiness certificate, a judge may nevertheless direct that a pre-trial checklist (listing questionnaire) be sent to the parties for completion as well.
(6) If a pre-trial checklist is sent to the parties for completion under subparagraph (5)–
(a) CPR rule 28.4 applies with the following modification: rule 28.4(1) applies as if it permits (but does not require) the court to send the parties a pre-trial checklist (listing questionnaire) for completion and return in accordance with that rule;
(b) CPR PD 28 paragraph 6.1(2) similarly applies as if it permits (but does not require) the court to send out Forms N170 and N171 to the parties; and
(c) CPR rule 28.5 applies.
7.7
(1) CPR PD28 paragraph 7.2(2)(c) shall have effect as if after “trial bundle” there were inserted “(but only if the parties consider this necessary, in the light of the automatic creation of a trial bundle in DCP)”.
(2) CPR PD28 paragraph 9.4 shall have effect as if after “base its order on those forms” there were inserted “, save that, in the light of the automatic creation of a trial bundle in DCP, a direction for the lodging of a trial bundle should only be made if the court considers such a direction to be necessary”.
SECTION 7A – APPLICATIONS FOR COURT ORDERS
Applications for court orders after the stage where hearing information is provided and directions made – online applications
7A.1
(1) This paragraph applies where a party wishes to make an application after –
(a) the claimant has provided hearing information and directions have been made; and
(b) paragraph 7.4A(2) applies (claim transferred to an early adopter court for case management purposes, but remains in the DCP).
(2) Subject to subparagraph (10), a party wishing to make an application must use the DCP to make that application (“online application”).
(3) The applicant makes an online application using the DCP by—
(a) completing the relevant screens on the DCP; and
(b) submitting the online application to the court using the DCP.
(4) An online application is to be treated as the application notice for the purposes of the CPR and in particular Part 23.
(5) Unless the online application is made without notice under CPR rule 23.4, the respondent is to be notified, through the DCP, of the application as soon as it is made.
(6) If the applicant requests that the online application is made without notice to the respondent, the application is to be referred to a judge to consider the request.
(7) After an online application has been made and unless the application is to be dealt with without notice, the respondent must provide initial information to assist with managing the future conduct of the application (“respondent information”) by –
(a) completing the relevant screens on the DCP;
(b) submitting the completed screens to the court using the DCP; and
(c) if relevant and requested to do so by the court, confirming whether the respondent consents to the application.
(8) If the respondent confirms that they had consented to the application and that their consent was given before the application was made, the application is to be treated as an application for a consent order and the requirements in rule 40.6(7)(c) and PD 40B paragraph 3.4(3) are disapplied.
(9) The respondent must provide their respondent information –
(a) before 4pm on the 5th day after the date of notification of the online application; or
(b) within such other time limit notified to the respondent at the same time that the respondent is notified of the online application as directed by the Designated Civil Judge Online.
(10) The following applications must be made as on-paper applications: any application relating to—
(a) an appeal;
(b) enforcement; or
(c) insolvency.
Other applications
7A.2
(1) If a party wishes to make an application that is not an online application or otherwise covered by a provision of this practice direction, the application must be made using the procedure set out in the rest of the Civil Procedure Rules.
(2) Any application made under subparagraph (1) is to be made to the CNBC or, where the parties have received an order from a judge at a County Court hearing centre, or have been informed that the claim is to be managed at a County Court hearing centre, that hearing centre.
(3) If an application is made, the claim is to be referred to a judge for directions, which may include that the claim is to be transferred out of the DCP.”.
SECTION 8 – TRANSFER OF CLAIM OUT OF DCP
8.1
A claim may, at any time, be transferred out of the DCP.
8.2
An application for an order under paragraph 8.1 may be made by an application under CPR Part 23 and must be filed at the CNBC.
8.3
An application under paragraph 8.2 may include any application under CPR Part 23 (including an application requesting a consent judgment or order under CPR 40.6) that may have been made if the claim had been started under CPR Part 7.
8.3A
(1) Where a claim has not already been transferred out of the DCP but the court, at any stage, concludes that the claim is not suitable for the DCP, or is no longer suitable for it, or is otherwise not appropriate for it –
(a) the court must transfer the claim out of the DCP, if the reason that the claim is not, or is no longer, suitable or appropriate for the pilot is that a party wishes to take a step in proceedings not catered for by the pilot; or
(b) a judge must transfer the claim out.
(2) When the court transfers a claim out of the DCP under paragraph (1)(a), the court must transfer the claim to the CNBC unless the claim had already been transferred to a County Court hearing centre, in which case the court must transfer the claim out of the pilot to that hearing centre.
8.4
Unless otherwise stated, a claim which is transferred out of the DCP under paragraph 8.1 or otherwise, continues as if it had been started under the CPR Part 7 and any of the party’s directions questionnaires or hearing information provided using the DCP is treated as their completed directions questionnaire form N180 completed under Civil Procedure Rules Part 26.
8.5
A claim which has been dismissed at the point it is transferred out of the DCP remains dismissed, subject to any order of the court.
8.6
(1) To discontinue a claim or part of a claim, the claimant complies with CPR 38.3(1)(a) by filing a notice of discontinuance at the CNBC.
(2) When the claimant files a notice of discontinuance, the claim must be transferred out of the DCP to continue in the CNBC as if it had been started under CPR Part 7.
SECTION 8A – CHANGE OF LEGAL REPRESENTATION – NOTICES OF CHANGE
8.A1
(1) Unless using MyHMCTS to file notice of a change of solicitor, a party complies with CPR 42.2(2)(a) by filing the notice of the change required by that rule –
(a) at the CNBC; or
(b) if the claim has been transferred to a County Court hearing centre, at that hearing centre
(2) Unless the person named in the notice of change of solicitor as taking over representation is –
(a) registered with MyHMCTS; and
(b) has been provided with access to the DCP,when a party files the notice of change, the court must transfer the claim out of the DCP to continue in the CNBC, or if the claim has been transferred to a County Court hearing centre, at that hearing centre, as if it had been started under CPR Part 7.
SECTION 9 – FEES
9.1
(1) A party may only take a step using the DCP on payment of any relevant fee.
(Relevant court fees are set out in the Civil Proceedings Fees Order 2008.)
(2) Court fees must be paid before 4pm on the date that they are due, in full using any method permitted by HMCTS.