The Civil Procedure (Amendment No. 2) Rules 2026, SI 2026/817 (L. 15), were made on 9 July 2026 and mainly came into force on 1 October 2026. For costs practitioners, the principal change is the omission of CPR 3.16(2), which concerned the conduct of costs management conferences.
The Detail
Rule 5 of the Rules [5] reads: “Omit rule 3.16(2).” According to the explanatory note, paragraph (2) “currently provides that where practicable costs management conferences should be conducted by telephone or in writing”. Since 1 October 2026 the rules have no longer contained that direction.
The Ministry of Justice Civil Procedure Rules page describes the change as removing rule 3.16(2) due to “outdated wording”. The same page states that the 196th Practice Direction Update came into force on 1 October 2026 or as set out in the instrument. It adds that the 197th PD Update corrects minor drafting errors in the 196th PD Update.
The Rules came into force on 1 October 2026 “except as provided by paragraphs (4) and (5)” [1(3)]. Rule 23 of and Schedule 2 to the Rules came into force on 26 October 2026 [1(5)].
The Rules also reflect the renaming of the Chancery Division as the Business and Property Division, and the change of title from Chancellor of the High Court to President of the Business and Property Division.
The Ministry of Justice page also summarises two practice direction amendments made by the 196th PD Update. PD 49B was amended to remove the standard interim payment figure for mesothelioma claims, enabling it to be updated by the Master of the Rolls without formal rule changes. PD 51ZE was amended to include non-personal injury RTA Bent Metal claims in the mandatory mediation scheme, aligning it with the pilot under PD 51R.
Why It Matters
Since 1 October 2026, CPR 3.16(2) has no longer provided that costs management conferences should, where practicable, be conducted by telephone or in writing. Parties who want costs management dealt with remotely or on paper should not cite that provision in applications or correspondence. Claimant and defendant representatives alike should check template directions and standard letters for references to it.
Those acting in mesothelioma claims should check the current interim payment figure rather than relying on the figure previously set out in PD 49B. Those acting in non-personal injury RTA Bent Metal claims should allow for mandatory mediation under PD 51ZE when advising on procedure and budgeting.