Jurisdiction(s):
United Kingdom

CPR Part 68 (England and Wales): references and interventions on assimilated case law—procedure and current non-effect pending commencement of EU(W)A 2018 sections 6A–6C

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Practice notes

Stop press: Applications cannot be made under Part 68.

This Practice Note outlines the CPR 68 provisions that were due to take effect on Tuesday, 1 October 2024, coinciding with commencement of The Civil Procedure (Amendment No. 3) Rules 2024, SI 2024/839. The functioning of Part 68, however, was contingent on sections 6A, 6B and 6C of the European Union (Withdrawal) Act 2018 also commencing on that date. Those sections did not commence because The Retained EU Law (Revocation and Reform) Act 2023 (Commencement No 2 and Saving Provisions) (Revocation) Regulations 2024, SI 2024/976, published on 26 September 2024 and in force from 18 September 2024, revoked the regulations intended to bring the new sections 6A, 6B and 6C of the Withdrawal Act 2018 into force. The Government did not supply a reason at the time for revoking those regulations. Later, in correspondence from the Department of Business & Trade to the Director of Policy at the Bar Council, the stated rationale was that the Government ‘intends to look at this issue again in the wider context of its work to reset UK relations with the EU’. Accordingly, applications under Part 68 are not capable of being issued in court...

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Web page updated on 21/05/2026

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