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Litigation Letter

Incredibly, the CPR are 10 years old later this year. Writing in the Law Society’s Gazette of 7 February, District Judge Robert Hill pointed out that for understandable reasons, the CPR were brought into force in an adequate, but unfinished state, and thus contained in Sched 1 such provisions of the Rules of the Supreme Court 1965 as still remained in force, and in Sched 2 those provisions of the County Court rules 1984 still in force. Although they have much diminished in size over the past ten years, he pointed out that there are nevertheless some important topics in daily use, which still languish in the schedules, including interpleader proceedings and many aspects of enforcement such as writ of fieri-facias, warrants of execution, attachment of earnings and, he observed, most astonishingly of all, committal proceedings are still governed by RSC Order 52 and CCR Order 29 (and the Practice Direction-Committal Applications, which supplements both).

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