[F1Proceedings under Schedule 1 to the ActE+W
67.4.—(1) Proceedings in the High Court under Schedule 1 to the Act must be brought—
(a)in the Chancery Division; and
(b)by Part 8 claim form, unless paragraph (4) below applies.
(2) The heading of the claim form must state that the claim relates to a solicitor and is made under Schedule 1 to the Act.
(3) Where proceedings are brought under paragraph 6(4) or 9(8) of Schedule 1 to the Act, the court will give directions and fix a date for the hearing immediately upon issuing the claim form.
(4) If the court has made an order under Schedule 1 to the Act, any subsequent application for an order under that Schedule which has the same parties may be made by a Part 23 application in the same proceedings.
(5) The table below sets out who must be made a defendant to each type of application under Schedule 1.
Defendants to applications under Schedule 1 to the Act
| Paragraph of Schedule 1 under which the application is made | Defendant to application |
|---|---|
| Paragraph 5 | if the application relates to money held on behalf of an individual solicitor, the solicitor if the application relates to money held on behalf of a firm, every partner in the firm if the application relates to money held on behalf of a LLP or other corporation, the LLP or other corporation |
| Paragraph 6(4) or 9(8) | the Law Society |
| Paragraph 8, 9(4), 9(5) or 9(6) | the person against whom the Law Society is seeking an order |
| Paragraph 9(10) | the person from whom the Law Society took possession of the documents which it wishes to dispose of or destroy |
| Paragraph 10 | if the application relates to postal packets addressed to an individual solicitor, the solicitor if the application relates to postal packets addressed to a firm, every partner in the firm if the application relates to postal packets addressed to a LLP or other corporation, the LLP or other corporation |
| Paragraph 11 | the trustee whom the Law Society is seeking to replace and, if he is a co-trustee, the other trustees of the trust |
(6) At any time after the Law Society has issued an application for an order under paragraph 5 of Schedule 1 to the Act, the court may, on an application by the Society—
(a)make an interim order under that paragraph to have effect until the hearing of the application; and
(b)order the defendant, if he objects to the order being continued at the hearing, to file and serve written evidence showing cause why the order should not be continued.]
Textual Amendments
F1Pt. 67 inserted (1.4.2005) by The Civil Procedure (Amendment No. 4) Rules 2004 (S.I. 2004/3419), rule 1, Sch. 2