Civil Procedure Rules 2026: JR deadlines, disclosure

The Civil Procedure (Amendment) Rules 2026 (S.I. 2026/97) are now official. They were made on 2 February 2026 and laid before Parliament on 5 February 2026, as published on legislation.gov.uk. Most of what matters to you starts on Monday 6 April 2026. If you teach, study or work with civil litigation or public law, here’s the plain‑English guide we wish we’d had first time around.

For provenance and accountability, this instrument comes from the Civil Procedure Rule Committee and carries ministerial sign‑off by Sarah Sackman, Minister of State at the Ministry of Justice, on 2 February 2026. We reference this because knowing where a rule change comes from helps you judge its authority in essays, exams and practice notes.

Dates to diarise are simple, then slightly conditional. Rules 1, 2, 4 to 6 and 8 take effect on 6 April 2026. Two pieces switch on later: rule 3 starts immediately after paragraph 2 of Schedule 4 to the Judicial Review and Courts Act 2022 comes fully into force, and rule 7 starts immediately after section 56 of the Border Security, Asylum and Immigration Act 2025 comes fully into force. In other words, watch for commencement orders as the trigger for those last two.

First up, scope. Part 2 is amended so that where proceedings are governed by the Online Procedure Rules (OPR), the CPR only apply if the OPR themselves, a practice direction made under Schedule 3 paragraph 1 of the 2022 Act, or regulations under section 21(1)(b) of that Act say so. Rule 2.3 now defines “Online Procedure Rules”. Translation for revision cards: always check which rulebook your claim sits in before you pick a form or deadline.

What this means in class or chambers is a two‑step check. Step one: is the claim an OPR pathway case? Step two: if yes, do the OPR or their practice directions expressly call in any CPR rules? That’s the structure exam questions will almost certainly test this year, and it’s the same structure you’ll use in real files when choosing procedure.

Disclosure gets a practical boost. New rule 31.12A confirms the court may order a party to ask any person to produce documents for disclosure and inspection if those documents may help or hurt any party’s case. This makes explicit the court’s ability to direct parties to seek material from non‑parties; it sits alongside, and does not replace, the existing non‑party disclosure routes.

In practice, expect judges to explore this lighter‑touch step before dealing with heavier non‑party applications. If you’re the party told to make the request, keep a clear record of what you asked for and when. If you’re teaching disclosure, build a timeline exercise that contrasts ordinary party disclosure, a 31.12A request, and a full non‑party application.

There’s some tidy‑up in fixed costs. Rule 45.7(1)(b) now points to the correct cross‑reference-rule 45.50-and rule 45.58 updates the Motor Insurance Database name to “Navigate (Motor Insurance Policy Database)”. For those running precedent libraries or costs schedules, update the wording so it matches the rulebook you’ll be quoting in court.

Judicial review timing for procurement decisions tightens. New rule 54.5(6A) says that if your JR relates to a decision to which the Procurement Act 2023 applies, you must file the claim form within the period that section 106(1) and (2) of that Act would give a supplier-disregarding the rest of section 106. Crucially, it does not matter that the claimant is not a supplier. Read that as: procurement‑related JRs now run on procurement‑style deadlines.

If you act for challengers, get moving early: identify the decision, gather the documents, and draft grounds with the statutory clock in mind. If you advise contracting authorities, expect even earlier pre‑action correspondence. For learners, build a mock timeline from decision date to issue, marking the Procurement Act section 106 window and the permission stage.

Part 77 now covers interim serious crime prevention orders (ISCPOs), reflecting amendments to the Serious Crime Act 2007. New rule 77.2A explains that applications for ISCPOs are made under Part 23 (as modified here). The rules signpost the statute on when without‑notice applications may be made, the duty to notify someone of an order made without notice, and the right to make representations. Note that rule 23.10(2) does not apply to set‑aside or variation applications for an ISCPO.

Closed material procedure in Part 82 gets a clear learning point. New rule 82.26A allows a special advocate to file a position statement limited to matters arising substantially from the sensitive material they’ve been served with. It can supplement a party’s case or grounds-including alternative points-but must not contradict what the specially represented party has said.

There is a timetable and a tight lid on sharing. Unless the court says otherwise, the special advocate’s position statement must be filed within 28 days after the court permits sensitive material to be withheld. The court can give further directions, including on service and any further statements. The position statement is disclosed only to the court, the relevant person, and, where applicable, the Secretary of State; the usual CPR rules on statements of truth and inspection do not apply unless the court orders otherwise.

A small but helpful signpost lands in rule 82.23, which now points you to rule 82.18 on the supply of court documents in these proceedings. For students, this is a prompt to map how open justice interacts with closed material, and where exceptions are anchored in the rules.

What this means for you right now: circle 6 April 2026 for most changes; track the separate ‘go‑live’ dates for the Online Procedure Rules carve‑out and for the ISCPO provisions; and refresh your templates for disclosure requests, fixed‑costs references and procurement‑related judicial review timelines. If you’re teaching, turn this SI into a short case study that jumps across Parts 2, 31, 45, 54, 77 and 82.

Quick glossary for your notes. Online Procedure Rules (OPR): a separate ruleset made under the Judicial Review and Courts Act 2022 that can displace the CPR unless they say otherwise. Judicial review (JR): a court check on the lawfulness of a public decision. ISCPO: an interim serious crime prevention order. Special advocate: a security‑cleared lawyer who can see closed material but is limited in what they can share after viewing it.

Finally, a one‑screen timeline to anchor dates. Made: 2 February 2026. Laid before Parliament: 5 February 2026. In force from: 6 April 2026 for rules 1, 2, 4–6 and 8. In force later: rule 3 on the OPR commencement; rule 7 on section 56 of the 2025 Act commencing. Keep an eye on formal commencement notices so you do not miss a deadline. The whole point of these amendments is timing, clarity and getting the right rulebook first time.