The Civil Procedure Rules 1998

[F1 PART 59 E+W [F2 CIRCUIT COMMERCIAL COURTS]

Textual Amendments

F1 Pt. 59 inserted (25.3.2002) by The Civil Procedure (Amendment No. 5) Rules 2001 (S.I. 2001/4015), rule 1(c), Sch. 3

F2 Pt. 59 heading substituted (1.10.2017) by The Civil Procedure (Amendment No. 2) Rules 2017 (S.I. 2017/889), rules 1(1), 7(1)

Contents of this Part

Scope of this Part and interpretation	Rule 59.1
Application of the Civil Procedure Rules	Rule 59.2
Transfer of proceedings	Rule 59.3
Claim form and particulars of claim	Rule 59.4
Acknowledgment of service	Rule 59.5
Default judgment	Rule 59.6
Disputing the court’s jurisdiction	Rule 59.7
Admissions	Rule 59.8
Defence and Reply	Rule 59.9
Statements of case	Rule 59.10
Case management	Rule 59.11
Judgments and orders	Rule 59.12

Scope of this Part and interpretation E+W

59.1— (1) This Part applies to claims in [F3 Circuit Commercial Courts].

(2) A claim may only be started in a [F4 Circuit Commercial Court] if it—

(a) relates to a commercial or business matter in a broad sense; and

[F5 (b) is not required to proceed in another specialist list of the Business and Property Courts.]

(3) In this Part and [F6 Practice Direction 59]—

[F7 (a) “[F4 Circuit Commercial Court]” means a specialist list established within the courts listed in [F8 Practice Direction 59];]

(b) “[F9 Circuit Commercial claim]” means a claim proceeding in a [F4 Circuit Commercial Court]; and

(c) “[F10 Circuit Commercial judge]” means a judge authorised to sit in a [F4 Circuit Commercial Court].

Textual Amendments

F3 Words in rule 59.1(1) substituted (1.10.2017) by The Civil Procedure (Amendment No. 2) Rules 2017 (S.I. 2017/889), rules 1(1), 7(3)(a)

F4 Words in Pt. 59 substituted (1.10.2017) by The Civil Procedure (Amendment No. 2) Rules 2017 (S.I. 2017/889), rules 1(1), 7(2)(a)

F5 Rule 59.1(2)(b) substituted (1.10.2017) by The Civil Procedure (Amendment No. 2) Rules 2017 (S.I. 2017/889), rules 1(1), 7(3)(b)

F6 Words in rule 59.1(3) substituted (6.4.2010) by The Civil Procedure (Amendment No.2) Rules 2009 (S.I. 2009/3390), rules 1(2), 34(a)(i)

F7 Rule 59(3)(a) substituted (2.10.2006) by The Civil Procedure (Amendment) Rules 2006 (S.I. 2006/1689), rules 1, 9

F8 Words in rule 59.1(3)(a) substituted (6.4.2010) by The Civil Procedure (Amendment No.2) Rules 2009 (S.I. 2009/3390), rules 1(2), 34(a)(ii)

F9 Words in Pt. 59 substituted (1.10.2017) by The Civil Procedure (Amendment No. 2) Rules 2017 (S.I. 2017/889), rules 1(1), 7(2)(b)

F10 Words in Pt. 59 substituted (1.10.2017) by The Civil Procedure (Amendment No. 2) Rules 2017 (S.I. 2017/889), rules 1(1), 7(2)(d)

Application of the Civil Procedure Rules E+W

59.2   These Rules and their practice directions apply to [F11 Circuit Commercial claims] unless this Part or a practice direction provides otherwise.

Textual Amendments

F11 Words in Pt. 59 substituted (1.10.2017) by The Civil Procedure (Amendment No. 2) Rules 2017 (S.I. 2017/889), rules 1(1), 7(2)(c)

Transfer of proceedings E+W

59.3   [F12 Rule 30.5 applies] applies with the modifications that—

(a) a [F10 Circuit Commercial judge] may transfer a [F9 Circuit Commercial claim] to another [F4 Circuit Commercial Court]; and

(b) a Commercial Court judge may transfer a claim from the Commercial Court to a [F4 Circuit Commercial Court].

(Rule 30.5(3) provides that an application for the transfer of proceedings to or from a specialist list must be made to a judge dealing with claims in that list)

Textual Amendments

F4 Words in Pt. 59 substituted (1.10.2017) by The Civil Procedure (Amendment No. 2) Rules 2017 (S.I. 2017/889), rules 1(1), 7(2)(a)

F9 Words in Pt. 59 substituted (1.10.2017) by The Civil Procedure (Amendment No. 2) Rules 2017 (S.I. 2017/889), rules 1(1), 7(2)(b)

F10 Words in Pt. 59 substituted (1.10.2017) by The Civil Procedure (Amendment No. 2) Rules 2017 (S.I. 2017/889), rules 1(1), 7(2)(d)

F12 Words in rule 59.3 substituted (6.4.2006) by The Civil Procedure (Amendment No.4) Rules 2005 (S.I. 2005/3515), rules 1, 15

Claim form and particulars of claim E+W

59.4— (1) If particulars of claim are not contained in or served with the claim form—

(a) the claim form must state that, if an acknowledgment of service is filed which indicates an intention to defend the claim, particulars of claim will follow;

(b) when the claim form is served, it must be accompanied by the documents specified in rule 7.8(1);

(c) the claimant must serve particulars of claim within 28 days of the filing of an acknowledgment of service which indicates an intention to defend; and

(d) rule 7.4(2) does not apply.

(2) If the claimant is claiming interest, he must—

(a) include a statement to that effect; and

(b) give the details set out in rule 16.4(2),

in both the claim form and the particulars of claim.

(3) Rules 12.6(1)(a) and 14.14(1)(a) apply with the modification that references to the particulars of claim shall be read as if they referred to the claim form.

Acknowledgment of service E+W

59.5— (1) A defendant must file an acknowledgment of service in every case.

(2) Unless paragraph (3) applies, the period for filing an acknowledgment of service is 14 days after service of the claim form.

(3) Where the claim form is served out of the jurisdiction, or on the agent of a defendant who is overseas, the time periods provided by rules [F13 6.12(3), 6.35 and 6.37(5)] apply after service of the claim form.

Textual Amendments

F13 Words in rule 59.5(3) substituted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 32(a)

Disputing the court’s jurisdiction E+W

59.6— (1) Part 11 applies to [F11 Circuit Commercial claims] with the modifications set out in this rule.

(2) An application under rule 11(1) must be made within 28 days after filing an acknowledgment of service.

(3) If the defendant files an acknowledgment of service indicating an intention to dispute the court’s jurisdiction, the claimant need not serve particulars of claim before the hearing of the application.

Textual Amendments

F11 Words in Pt. 59 substituted (1.10.2017) by The Civil Procedure (Amendment No. 2) Rules 2017 (S.I. 2017/889), rules 1(1), 7(2)(c)

Default judgment E+W

59.7— (1) Part 12 applies to [F11 Circuit Commercial claims], except that rules 12.10 and 12.11 apply as modified by paragraphs (2) and (3) of this rule.

(2) If, in a Part 7 claim—

(a) the claim form has been served but no particulars of claim have been served; and

(b) the defendant has failed to file an acknowledgment of service,

the claimant must make an application if he wishes to obtain a default judgment.

(3) The application may be made without notice, but the court may direct it to be served on the defendant.

Textual Amendments

F11 Words in Pt. 59 substituted (1.10.2017) by The Civil Procedure (Amendment No. 2) Rules 2017 (S.I. 2017/889), rules 1(1), 7(2)(c)

Admissions E+W

59.8— (1) Rule 14.5 does not apply to [F11 Circuit Commercial claims].

(2) If the defendant admits part of a claim for a specified amount of money, the claimant may apply under rule 14.3 for judgment on the admission.

Textual Amendments

F11 Words in Pt. 59 substituted (1.10.2017) by The Civil Procedure (Amendment No. 2) Rules 2017 (S.I. 2017/889), rules 1(1), 7(2)(c)

Defence and Reply E+W

59.9— (1) Part 15 (Defence and Reply) applies to [F11 Circuit Commercial claims] with the modification to rule 15.8 that the claimant must—

(a) file any reply to a defence; and

(b) serve it on all other parties,

within 21 days after service of the defence.

(2) [F14 Rule 6.35 (in relation to the period] for filing a defence where the claim form is served out of the jurisdiction) applies to [F11 Circuit Commercial claims], except that if the particulars of claim are served after the defendant has filed an acknowledgment of service the period for filing a defence is 28 days from service of the particulars of claim.

Textual Amendments

F11 Words in Pt. 59 substituted (1.10.2017) by The Civil Procedure (Amendment No. 2) Rules 2017 (S.I. 2017/889), rules 1(1), 7(2)(c)

F14 Words in rule 59.9(2) substituted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 32(b)

Statements of case E+W

59.10   The court may at any time before or after issue of the claim form order a [F9 Circuit Commercial claim] to proceed without the filing or service of statements of case.

Textual Amendments

F9 Words in Pt. 59 substituted (1.10.2017) by The Civil Procedure (Amendment No. 2) Rules 2017 (S.I. 2017/889), rules 1(1), 7(2)(b)

Case management E+W

59.11— (1) All [F11 Circuit Commercial claims] are treated as being allocated to the multi-track, and Part 26 does not apply.

(2) The following parts only of Part 29 apply—

(a) rule 29.3(2) (appropriate legal representative to attend case management conferences and pre-trial reviews); and

(b) rule 29.5 (variation of case management timetable) with the exception of rule 29.5(1)(c).

(3) As soon as practicable the court will hold a case management conference which must be fixed in accordance with [F15 Practice Direction 59].

(4) At the case management conference or at any hearing at which the parties are represented the court may give such directions for the management of the case as it considers appropriate.

Textual Amendments

F11 Words in Pt. 59 substituted (1.10.2017) by The Civil Procedure (Amendment No. 2) Rules 2017 (S.I. 2017/889), rules 1(1), 7(2)(c)

F15 Words in rule 59.11(3) substituted (6.4.2010) by The Civil Procedure (Amendment No.2) Rules 2009 (S.I. 2009/3390), rules 1(2), 34(b)

Judgments and orders E+W

59.12— (1) Except for orders made by the court of its own initiative and unless the court otherwise orders every judgment or order will be drawn up by the parties, and rule 40.3 is modified accordingly.

(2) An application for a consent order must include a draft of the proposed order signed on behalf of all the parties to whom it relates.

(3) Rule 40.6 (consent judgments and orders) does not apply.]