The Civil Procedure Rules 1998 No. 3132 (L. 17)

PART 2 E+W APPLICATION AND INTERPRETATION OF THE RULES

Interpretation E+W

2.3—(1) In these Rules—

• “child” has the meaning given by rule 21.1(2);

• [F1 “civil restraint order” means an order restraining a party—

  (a)

  from making any further applications in current proceedings (a limited civil restraint order);

  (b)

  from issuing certain claims or making certain applications in specified courts (an extended civil restraint order); or

  (c)

  from issuing any claim or making any application in specified courts (a general civil restraint order).]

• “claim for personal injuries” means proceedings in which there is a claim for damages in respect of personal injuries to the claimant or any other person or in respect of a person’s death, and “personal injuries” includes any disease and any impairment of a person’s physical or mental condition;

• “claimant” means a person who makes a claim;

• “CCR” is to be interpreted in accordance with Part 50;

• “court officer” means a member of the court staff;

• “defendant” means a person against whom a claim is made;

• [F2 “defendant’s home court” means—

  (a)

  if the claim is proceeding in a county court, the county court for the district in which the defendant resides or carries on business; and

  (b)

  if the claim is proceeding in the High Court, the district registry for the district in which the defendant resides or carries on business or, where there is no such district registry, the Royal Courts of Justice;]

  ([F3 Rule 6.23] provides for a party to give an address for service)

• “filing”, in relation to a document, means delivering it, by post or otherwise, to the court office;

• “judge” means, unless the context otherwise requires, a judge, Master or district judge or a person authorised to act as such;

• “jurisdiction” means, unless the context otherwise requires, England and Wales and any part of the territorial waters of the United Kingdom adjoining England and Wales;

• “legal representative” means a barrister or a solicitor, solicitor’s employee or other authorised litigator (as defined in the Courts and Legal Services Act 1990(1)) who has been instructed to act for a party in relation to a claim;

• “litigation friend” has the meaning given by Part 21;

• “[F4 protected party]” has the meaning given by rule 21.1(2);

• “RSC” is to be interpreted in accordance with Part 50;

• “statement of case”—

  (a)

  means a claim form, particulars of claim where these are not included in a claim form, defence, Part 20 claim, or reply to defence; and

  (b)

  includes any further information given in relation to them voluntarily or by court order under rule 18.1;

• “statement of value” is to be interpreted in accordance with rule 16.3;

• “summary judgment” is to be interpreted in accordance with Part 24.

(2) A reference to a “specialist list” is a reference to a list^(GL)that has been designated as such by a [F5 rule or] practice direction.

(3) Where the context requires, a reference to “the court” means a reference to a particular county court, a district registry, or the Royal Courts of Justice.

Textual Amendments

F1 Words in rule 2.3(1) inserted (1.10.2004) by The Civil Procedure (Amendment No.2) Rules 2004 (S.I. 2004/2072), rules 1(b), 3

F2 Words in rule 2.3(1) substituted (2.10.2000) by The Civil Procedure (Amendment No. 4) Rules 2000 (S.I. 2000/2092), rules 1, 3

F3 Words in rule 2.3(1) substituted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 3

F4 Words in rule 2.3(1) substituted (1.10.2007) by The Civil Procedure (Amendment) Rules 2007 (S.I. 2007/2204), rules 1, 3(b)

F5 Words in rule 2.3(2) substituted (25.3.2002) by The Civil Procedure (Amendment No. 5) Rules 2001 (S.I. 2001/4015), rules 1(c), 3

Commencement Information

I1 Rule 2.3 in force at 26.4.1999, see Signature

(1)

1990 c. 41.