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Status:

Point in time view as at 06/04/2008.

Changes to legislation:

The Civil Procedure Rules 1998 is up to date with all changes known to be in force on or before 07 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

Statutory Instruments

1998 No. 3132 (L.17)

SUPREME COURT OF ENGLAND AND WALES

COUNTY COURTS

The Civil Procedure Rules 1998

Made

10th December 1998

Laid before Parliament

17th December 1998

Coming into force

26th April 1999

The Civil Procedure Rule Committee, having power under section 2 of the Civil Procedure Act 1997(1) to make rules of court under section 1 of that Act, make the following rules which may be cited as the Civil Procedure Rules 1998—

Modifications etc. (not altering text)

C4Rules applied (with modifications) (24.2.2003) by S.I. 1987/2024, rule 60(11) (as substituted by The Non-Contentious Probate (Amendment) Rules 2003 (S.I. 2003/185), rules 1, 5 (with rule 3))

C6Rules applied (with modifications) (1.10.2007) by The Court of Protection Rules 2007 (S.I. 2007/1744), rules 1, 9

PART 1E+WOVERRIDING OBJECTIVE

Contents of this Part

The overriding objectiveRule 1.1
Application by the court of the overriding objectiveRule 1.2
Duty of the partiesRule 1.3
Court’s duty to manage casesRule 1.4

The overriding objectiveE+W

1.1—(1) These Rules are a new procedural code with the overriding objective of enabling the court to deal with cases justly.

(2) Dealing with a case justly includes, so far as is practicable—

(a)ensuring that the parties are on an equal footing;

(b)saving expense;

(c)dealing with the case in ways which are proportionate—

(i)to the amount of money involved;

(ii)to the importance of the case;

(iii)to the complexity of the issues; and

(iv)to the financial position of each party;

(d)ensuring that it is dealt with expeditiously and fairly; and

(e)allotting to it an appropriate share of the court’s resources, while taking into account the need to allot resources to other cases.

Commencement Information

I1Rule 1.1 in force at 26.4.1999, see Signature

Application by the court of the overriding objectiveE+W

1.2  The court must seek to give effect to the overriding objective when it—

(a)exercises any power given to it by the Rules; or

(b)interprets any rule [F1, subject to rule 76.2].

Textual Amendments

Commencement Information

I2Rule 1.2 in force at 26.4.1999, see Signature

Duty of the partiesE+W

1.3  The parties are required to help the court to further the overriding objective.

Commencement Information

I3Rule 1.3 in force at 26.4.1999, see Signature

Court’s duty to manage casesE+W

1.4—(1) The court must further the overriding objective by actively managing cases.

(2) Active case management includes —

(a)encouraging the parties to co-operate with each other in the conduct of the proceedings;

(b)identifying the issues at an early stage;

(c)deciding promptly which issues need full investigation and trial and accordingly disposing summarily of the others;

(d)deciding the order in which issues are to be resolved;

(e)encouraging the parties to use an alternative dispute resolution(GL) procedure if the court considers that appropriate and facilitating the use of such procedure;

(f)helping the parties to settle the whole or part of the case;

(g)fixing timetables or otherwise controlling the progress of the case;

(h)considering whether the likely benefits of taking a particular step justify the cost of taking it;

(i)dealing with as many aspects of the case as it can on the same occasion;

(j)dealing with the case without the parties needing to attend at court;

(k)making use of technology; and

(l)giving directions to ensure that the trial of a case proceeds quickly and efficiently.

Commencement Information

I4Rule 1.4 in force at 26.4.1999, see Signature

PART 2E+WAPPLICATION AND INTERPRETATION OF THE RULES

Contents of this Part

Application of the RulesRule 2.1
The glossaryRule 2.2
InterpretationRule 2.3
Power of judge, Master or district judge to perform functions of the courtRule 2.4
Court staffRule 2.5
Court documents to be sealedRule 2.6
Court’s discretion as to where it deals with casesRule 2.7
TimeRule 2.8
Dates for compliance to be calendar dates and to include time of dayRule 2.9
Meaning of “month” in judgments, etc.Rule 2.10
Time limits may be varied by partiesRule 2.11

Application of the RulesE+W

2.1—(1) Subject to paragraph (2), these Rules apply to all proceedings in—

(a)county courts;

(b)the High Court; and

(c)the Civil Division of the Court of Appeal.

(2) These Rules do not apply to proceedings of the kinds specified in the first column of the following Table (proceedings for which rules may be made under the enactments specified in the second column) except to the extent that they are applied to those proceedings by another enactment—

ProceedingsEnactments

1.  Insolvency proceedingsE+W

Insolvency Act 1986(2), ss.411 and 412

2.  Non-contentious or common form probate proceedingsE+W

Supreme Court Act 1981(3), s.127

3.  Proceedings in the High Court when acting as a Prize CourtE+W

Prize Courts Act 1894(4), s.3

[F24.  Proceedings before the Court of Protection

Mental Capacity Act 2005, s.51]

5.  Family proceedingsE+W

Matrimonial and Family Proceedings Act 1984(6), s.40

[F36.  Adoption proceedings]E+W

 [F4Adoption Act 1976, s.66] [F5or Adoption and Children Act 2002, s.141]

[F67.   Election petitions in the High Court] E+W

 [F7Representation of the People Act 1983, s.182]

Textual Amendments

F3Words in rule 2.1 Table inserted (26.4.1999) by The Civil Procedure (Amendment) Rules 1999 (S.I. 1999/1008), rules 1, 3(a)

F4Words in rule 2.1 Table inserted (26.4.1999) by The Civil Procedure (Amendment) Rules 1999 (S.I. 1999/1008), rules 1, 3(b)

Commencement Information

I5Rule 2.1 in force at 26.4.1999, see Signature

The glossaryE+W

2.2—(1) The glossary at the end of these Rules is a guide to the meaning of certain legal expressions used in the Rules, but is not to be taken as giving those expressions any meaning in the Rules which they do not have in the law generally.

(2) Subject to paragraph (3), words in these Rules which are included in the glossary are followed by “(GL)”.

(3) The words ‘counterclaim’, ‘damages’, ‘practice form’ and ‘service’, which appear frequently in the Rules, are included in the glossary but are not followed by “(GL)”.

Commencement Information

I6Rule 2.2 in force at 26.4.1999, see Signature

InterpretationE+W

2.3—(1) In these Rules—

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

  • [F8“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;

  • [F9“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;]

  • “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(7)) who has been instructed to act for a party in relation to a claim;

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

  • “[F10protected 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 [F11rule 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

Commencement Information

I7Rule 2.3 in force at 26.4.1999, see Signature

Power of judge, Master or district judge to perform functions of the courtE+W

2.4  Where these Rules provide for the court to perform any act then, except where an enactment, rule or practice direction provides otherwise, that act may be performed—

(a)in relation to proceedings in the High Court, by any judge, Master or district judge of that Court; and

(b)in relation to proceedings in a county court, by any judge or district judge.

Commencement Information

I8Rule 2.4 in force at 26.4.1999, see Signature

Court staffE+W

2.5—(1) Where these Rules require or permit the court to perform an act of a formal or administrative character, that act may be performed by a court officer.

(2) A requirement that a court officer carry out any act at the request of a party is subject to the payment of any fee required by a Fees Order for the carrying out of that act.

(Rule 3.2 allows a court officer to refer to a judge before taking any step)

Commencement Information

I9Rule 2.5 in force at 26.4.1999, see Signature

Court documents to be sealedE+W

2.6—(1) The court must seal(GL) the following documents on issue—

(a)the claim form; and

(b)any other document which a rule or practice direction requires it to seal.

(2) The court may place the seal(GL) on the document—

(a)by hand; or

(b)by printing a facsimile of the seal on the document whether electronically or otherwise.

(3) A document purporting to bear the court’s seal(GL) shall be admissible in evidence without further proof.

Commencement Information

I10Rule 2.6 in force at 26.4.1999, see Signature

Court’s discretion as to where it deals with casesE+W

2.7  The court may deal with a case at any place that it considers appropriate.

Commencement Information

I11Rule 2.7 in force at 26.4.1999, see Signature

TimeE+W

2.8—(1) This rule shows how to calculate any period of time for doing any act which is specified—

(a)by these Rules;

(b)by a practice direction; or

(c)by a judgment or order of the court.

(2) A period of time expressed as a number of days shall be computed as clear days.

(3) In this rule “clear days” means that in computing the number of days—

(a)the day on which the period begins; and

(b)if the end of the period is defined by reference to an event, the day on which that event occurs,

are not included.

Examples

(i)Notice of an application must be served at least 3 days before the hearing.

  • An application is to be heard on Friday 20 October.

  • The last date for service is Monday 16 October.

(ii)The court is to fix a date for a hearing.

  • The hearing must be at least 28 days after the date of notice.

  • If the court gives notice of the date of the hearing on 1 October, the earliest date for the hearing is 30 October.

(iii)Particulars of claim must be served within 14 days of service of the claim form.

  • The claim form is served on 2 October.

  • The last day for service of the particulars of claim is 16 October.

(4) Where the specified period—

(a)is 5 days or less; and

(b)includes—

(i)a Saturday or Sunday; or

(ii)a Bank Holiday, Christmas Day or Good Friday,

that day does not count.

Example

  • Notice of an application must be served at least 3 days before the hearing.

  • An application is to be heard on Monday 20 October.

  • The last date for service is Tuesday 14 October.

(5) When the period specified—

(a)by these Rules or a practice direction; or

(b)by any judgment or court order,

for doing any act at the court office ends on a day on which the office is closed, that act shall be in time if done on the next day on which the court office is open.

Modifications etc. (not altering text)

Commencement Information

I12Rule 2.8 in force at 26.4.1999, see Signature

Dates for compliance to be calendar dates and to include time of dayE+W

2.9—(1) Where the court gives a judgment, order or direction which imposes a time limit for doing any act, the last date for compliance must, wherever practicable—

(a)be expressed as a calendar date; and

(b)include the time of day by which the act must be done.

(2) Where the date by which an act must be done is inserted in any document, the date must, wherever practicable, be expressed as a calendar date.

Commencement Information

I13Rule 2.9 in force at 26.4.1999, see Signature

Meaning of “month” in judgments, etc.E+W

2.10  Where “month” occurs in any judgment, order, direction or other document, it means a calendar month.

Commencement Information

I14Rule 2.10 in force at 26.4.1999, see Signature

Time limits may be varied by partiesE+W

2.11  Unless these Rules or a practice direction provide otherwise or the court orders otherwise, the time specified by a rule or by the court for a person to do any act may be varied by the written agreement of the parties.

(Rules 3.8 (sanctions have effect unless defaulting party obtains relief), 28.4 (variation of case management timetable—fast track) and 29.5 (variation of case management timetable—multi-track) provide for time limits that cannot be varied by agreement between the parties)

Commencement Information

I15Rule 2.11 in force at 26.4.1999, see Signature

PART 3E+WTHE COURT'S CASE MANAGEMENT POWERS

Modifications etc. (not altering text)

C8Pt. 3 applied (with modifications) (1.10.2007) by The Court of Protection Rules 2007 (S.I. 2007/1744), rules 1, 184(a)

Contents of this Part

The court’s general powers of managementRule 3.1
Court officer’s power to refer to a judgeRule 3.2
Court’s power to make order of its own initiativeRule 3.3
Power to strike out a statement of caseRule 3.4
Judgment without trial after striking outRule 3.5
Setting aside judgment entered after striking outRule 3.6
Sanctions for non-payment of certain feesRule 3.7
Sanctions have effect unless defaulting party obtains reliefRule 3.8
Relief from sanctionsRule 3.9
General power of the court to rectify matters where there has been an error of procedureRule 3.10

The court’s general powers of managementE+W

3.1—(1) The list of powers in this rule is in addition to any powers given to the court by any other rule or practice direction or by any other enactment or any powers it may otherwise have.

(2) Except where these Rules provide otherwise, the court may —

(a)extend or shorten the time for compliance with any rule, practice direction or court order (even if an application for extension is made after the time for compliance has expired);

(b)adjourn or bring forward a hearing;

(c)require a party or a party’s legal representative to attend the court;

(d)hold a hearing and receive evidence by telephone or by using any other method of direct oral communication;

(e)direct that part of any proceedings (such as a counterclaim) be dealt with as separate proceedings;

(f)stay(GL) the whole or part of any proceedings or judgment either generally or until a specified date or event;

(g)consolidate proceedings;

(h)try two or more claims on the same occasion;

(i)direct a separate trial of any issue;

(j)decide the order in which issues are to be tried;

(k)exclude an issue from consideration;

(l)dismiss or give judgment on a claim after a decision on a preliminary issue;

[F12(ll)order any party to file and serve an estimate of costs;]

(m)take any other step or make any other order for the purpose of managing the case and furthering the overriding objective.

(3) When the court makes an order, it may —

(a)make it subject to conditions, including a condition to pay a sum of money into court; and

(b)specify the consequence of failure to comply with the order or a condition.

(4) Where the court gives directions it may take into account whether or not a party has complied with any relevant pre-action protocol(GL).

(5) The court may order a party to pay a sum of money into court if that party has, without good reason, failed to comply with a rule, practice direction or a relevant pre-action protocol.

(6) When exercising its power under paragraph (5) the court must have regard to—

(a)the amount in dispute; and

(b)the costs which the parties have incurred or which they may incur.

[F13(6A) Where a party pays money into court following an order under paragraph (3) or (5), the money shall be security for any sum payable by that party to any other party in the proceedings F14....

F15...]

(7) A power of the court under these Rules to make an order includes a power to vary or revoke the order.

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I16Rule 3.1 in force at 26.4.1999, see Signature

Court officer’s power to refer to a judgeE+W

3.2  Where a step is to be taken by a court officer—

(a)the court officer may consult a judge before taking that step;

(b)the step may be taken by a judge instead of the court officer.

Commencement Information

I17Rule 3.2 in force at 26.4.1999, see Signature

Court’s power to make order of its own initiativeE+W

3.3—(1) Except where a rule or some other enactment provides otherwise, the court may exercise its powers on an application or of its own initiative.

(Part 23 sets out the procedure for making an application)

(2) Where the court proposes to make an order of its own initiative—

(a)it may give any person likely to be affected by the order an opportunity to make representations; and

(b)where it does so it must specify the time by and the manner in which the representations must be made.

(3) Where the court proposes—

(a)to make an order of its own initiative; and

(b)to hold a hearing to decide whether to make the order,

it must give each party likely to be affected by the order at least 3 days' notice of the hearing.

(4) The court may make an order of its own initiative without hearing the parties or giving them an opportunity to make representations.

(5) Where the court has made an order under paragraph (4)—

(a)a party affected by the order may apply to have it set aside(GL), varied or stayed(GL); and

(b)the order must contain a statement of the right to make such an application.

(6) An application under paragraph (5)(a) must be made—

(a)within such period as may be specified by the court; or

(b)if the court does not specify a period, not more than 7 days after the date on which the order was served on the party making the application.

[F16(7) If the court of its own initiative strikes out a statement of case or dismisses an application [F17(including an application for permission to appeal or for permission to apply for judicial review)], and it considers that the claim or application is totally without merit—

(a)the court’s order must record that fact; and

(b)the court must at the same time consider whether it is appropriate to make a civil restraint order.]

Textual Amendments

Commencement Information

I18Rule 3.3 in force at 26.4.1999, see Signature

Power to strike out a statement of caseE+W

3.4—(1) In this rule and rule 3.5, reference to a statement of case includes reference to part of a statement of case.

(2) The court may strike out(GL) a statement of case if it appears to the court—

(a)that the statement of case discloses no reasonable grounds for bringing or defending the claim;

(b)that the statement of case is an abuse of the court’s process or is otherwise likely to obstruct the just disposal of the proceedings; or

(c)that there has been a failure to comply with a rule, practice direction or court order.

(3) When the court strikes out a statement of case it may make any consequential order it considers appropriate.

(4) Where—

(a)the court has struck out a claimant’s statement of case;

(b)the claimant has been ordered to pay costs to the defendant; and

(c)before the claimant pays those costs, he starts another claim against the same defendant, arising out of facts which are the same or substantially the same as those relating to the claim in which the statement of case was struck out,

the court may, on the application of the defendant, stay(GL) that other claim until the costs of the first claim have been paid.

(5) Paragraph (2) does not limit any other power of the court to strike out(GL) a statement of case.

[F18(6) If the court strikes out a claimant’s statement of case and it considers that the claim is totally without merit—

(a)the court’s order must record that fact; and

(b)the court must at the same time consider whether it is appropriate to make a civil restraint order.]

Textual Amendments

Commencement Information

I19Rule 3.4 in force at 26.4.1999, see Signature

Judgment without trial after striking outE+W

3.5—(1) This rule applies where—

(a)the court makes an order which includes a term that the statement of case of a party shall be struck out if the party does not comply with the order; and

(b)the party against whom the order was made does not comply with it.

(2) A party may obtain judgment with costs by filing a request for judgment if—

(a)the order referred to in paragraph (1)(a) relates to the whole of a statement of case; and

(b)where the party wishing to obtain judgment is the claimant, the claim is for—

(i)a specified amount of money;

(ii)an amount of money to be decided by the court;

(iii)delivery of goods where the claim form gives the defendant the alternative of paying their value; or

(iv)any combination of these remedies.

[F19(3) Where judgment is obtained under this rule in a case to which paragraph (2)(b)(iii) applies, it will be judgment requiring the defendant to deliver the goods, or (if he does not do so) pay the value of the goods as decided by the court (less any payments made).]

[F20(4)]  The request must state that the right to enter judgment has arisen because the court’s order has not been complied with.

[F21(5)]  A party must make an application in accordance with Part 23 if he wishes to obtain judgment under this rule in a case to which paragraph (2) does not apply.

Textual Amendments

Commencement Information

I20Rule 3.5 in force at 26.4.1999, see Signature

Setting aside judgment entered after striking outE+W

3.6—(1) A party against whom the court has entered judgment under rule 3.5 may apply to the court to set the judgment aside.

(2) An application under paragraph (1) must be made not more than 14 days after the judgment has been served on the party making the application.

(3) If the right to enter judgment had not arisen at the time when judgment was entered, the court must set aside(GL) the judgment.

(4) If the application to set aside(GL) is made for any other reason, rule 3.9 (relief from sanctions) shall apply.

Commencement Information

I21Rule 3.6 in force at 26.4.1999, see Signature

Sanctions for non—payment of certain feesE+W

3.7—[F22(1) This rule applies where—

(a)an allocation questionnaire or a [F23pre-trial check list (listing questionnaire)] is filed without payment of the fee specified by the relevant Fees Order;

(b)the court dispenses with the need for an allocation questionnaire or a [F24pre-trial check list] or both;

(c)these Rules do not require an allocation questionnaire or a [F25pre-trial check list] to be filed in relation to the claim in question; F26...

(d)the court has made an order giving permission to proceed with a claim for judicial review [F27; or]

[F28(e)the fee payable for a hearing specified by the relevant Fees Order is not paid.]

  • (Rule 26.3 provides for the court to dispense with the need for an allocation questionnaire and rules 28.5 and 29.6 provide for the court to dispense with the need for a [F29pre-trial check list])

  • (Rule 54.12 provides for the service of the order giving permission to proceed with a claim for judicial review)

(2) The court will serve a notice on the claimant requiring payment of the fee specified in the relevant Fees Order if, at the time the fee is due, the claimant has not paid it or made an application for [F30full or part] remission.]

(3) The notice will specify the date by which the claimant must pay the fee.

(4) If the claimant does not—

(a)pay the fee; or

(b)make an application for [F31full or part] remission of the fee,

by the date specified in the notice—

(i)[F32the claim will automatically be struck out without further order of the court]; and

(ii)the claimant shall be liable for the costs which the defendant has incurred unless the court orders otherwise.

(Rule 44.12 provides for the basis of assessment where a right to costs arises under this rule)

[F33(5) Where an application for—

(a)full or part remission of a fee is refused, the court will serve notice on the claimant requiring payment of the full fee by the date specified in the notice; or

(b)part remission of a fee is granted, the court will serve notice on the claimant requiring payment of the balance of the fee by the date specified in the notice.]

(6) If the claimant does not pay the fee by the date specified in the notice—

(a)[F34the claim will automatically be struck out without further order of the court]; and

(b)the claimant shall be liable for the costs which the defendant has incurred unless the court orders otherwise.

[F35(7) If—

(a)a claimant applies to have the claim reinstated; and

(b)the court grants relief,

the relief shall be conditional on the claimant either paying the fee or filing evidence of [F36full or part] remission of the fee within the period specified in paragraph (8).

(8) The period referred to in paragraph (7) is—

(a)if the order granting relief is made at a hearing at which a claimant is present or represented, 2 days from the date of the order;

(b)in any other case, 7 days from the date of service of the order on the claimant.]

Textual Amendments

F35Rule 3.7(7)(8) substituted for rule 3.7(7) (2.6.2003) by The Civil Procedure (Amendment No. 2) Rules 2003 (S.I. 2003/1242), rules 1, 4

Commencement Information

I22Rule 3.7 in force at 26.4.1999, see Signature

[F373.7A—[F38(1) This rule applies where—

(a)a defendant files a counterclaim without—

(i)payment of the fee specified by the relevant Fees Order; or

(ii)making an application for full or part remission of the fee; or

(b)the proceedings continue on the counterclaim alone and—

(i)an allocation questionnaire or a pre-trial check list (listing questionnaire) is filed without payment of the fee specified by the relevant Fees Order;

(ii)the court dispenses with the need for an allocation questionnaire or a pre-trial check list or both;

(iii)these Rules do not require an allocation questionnaire or a pre-trial checklist to be filed in relation to the claim in question; or

(iv)the fee payable for a hearing specified by the relevant Fees Order is not paid.] 

(2) The court will serve a notice on the defendant requiring payment of the fee specified in the relevant Fees Order if, at the time the fee is due, the defendant has not paid it or made an application for [F39full or part] remission.

(3) The notice will specify the date by which the defendant must pay the fee.

(4) If the defendant does not—

(a)pay the fee; or

(b)make an application for [F40full or part] remission of the fee,

by the date specified in the notice, the counterclaim will automatically be struck out without further order of the court.

[F41(5) Where an application for—

(a)full or part remission of a fee is refused, the court will serve notice on the defendant requiring payment of the full fee by the date specified in the notice; or

(b)part remission of a fee is granted, the court will serve notice on the defendant requiring payment of the balance of the fee by the date specified in the notice.]

(6) If the defendant does not pay the fee by the date specified in the notice, the counterclaim will automatically be struck out without further order of the court.

(7) If—

(a)the defendant applies to have the counterclaim reinstated; and

(b)the court grants relief,

the relief will be conditional on the defendant either paying the fee or filing evidence of [F42full or part] remission of the fee within the period specified in paragraph (8).

(8) The period referred to in paragraph (7) is—

(a)if the order granting relief is made at a hearing at which the defendant is present or represented, 2 days from the date of the order;

(b)in any other case, 7 days from the date of service of the order on the defendant.]

Textual Amendments

[F43Sanctions for dishonouring chequeE+W

3.7B—(1) This rule applies where any fee is paid by cheque and that cheque is subsequently dishonoured.

(2) The court will serve a notice on the paying party requiring payment of the fee which will specify the date by which the fee must be paid.

(3) If the fee is not paid by the date specified in the notice—

(a)where the fee is payable by the claimant, the claim will automatically be struck out without further order of the court;

(b)where the fee is payable by the defendant, the defence will automatically be struck out without further order of the court,

and the paying party shall be liable for the costs which any other party has incurred unless the court orders otherwise.

(Rule 44.12 provides for the basis of assessment where a right to costs arises under this rule)

(4) If—

(a)the paying party applies to have the claim or defence reinstated; and

(b)the court grants relief,

the relief shall be conditional on that party paying the fee within the period specified in paragraph (5).

(5) The period referred to in paragraph (4) is—

(a)if the order granting relief is made at a hearing at which the paying party is present or represented, 2 days from the date of the order;

(b)in any other case, 7 days from the date of service of the order on the paying party.

(6) For the purposes of this rule, “claimant” includes a Part 20 claimant and “claim form” includes a Part 20 claim.]

Textual Amendments

Sanctions have effect unless defaulting party obtains reliefE+W

3.8—(1) Where a party has failed to comply with a rule, practice direction or court order, any sanction for failure to comply imposed by the rule, practice direction or court order has effect unless the party in default applies for and obtains relief from the sanction.

(Rule 3.9 sets out the circumstances which the court may consider on an application to grant relief from a sanction)

(2) Where the sanction is the payment of costs, the party in default may only obtain relief by appealing against the order for costs.

(3) Where a rule, practice direction or court order—

(a)requires a party to do something within a specified time, and

(b)specifies the consequence of failure to comply,

the time for doing the act in question may not be extended by agreement between the parties.

Commencement Information

I23Rule 3.8 in force at 26.4.1999, see Signature

Relief from sanctionsE+W

3.9—(1) On an application for relief from any sanction imposed for a failure to comply with any rule, practice direction or court order the court will consider all the circumstances including—

(a)the interests of the administration of justice;

(b)whether the application for relief has been made promptly;

(c)whether the failure to comply was intentional;

(d)whether there is a good explanation for the failure;

(e)the extent to which the party in default has complied with other rules, practice directions, court orders and any relevant pre-action protocol(GL);

(f)whether the failure to comply was caused by the party or his legal representative;

(g)whether the trial date or the likely trial date can still be met if relief is granted;

(h)the effect which the failure to comply had on each party; and

(i)the effect which the granting of relief would have on each party.

(2) An application for relief must be supported by evidence.

Commencement Information

I24Rule 3.9 in force at 26.4.1999, see Signature

General power of the court to rectify matters where there has been an error of procedureE+W

3.10  Where there has been an error of procedure such as a failure to comply with a rule or practice direction—

(a)the error does not invalidate any step taken in the proceedings unless the court so orders; and

(b)the court may make an order to remedy the error.

Commencement Information

I25Rule 3.10 in force at 26.4.1999, see Signature

[F44Power of the court to make civil restraint ordersE+W

3.11.  A practice direction may set out—

(a)the circumstances in which the court has the power to make a civil restraint order against a party to proceedings;

(b)the procedure where a party applies for a civil restraint order against another party; and

(c)the consequences of the court making a civil restraint order.]

Textual Amendments

PART 4E+WFORMS

4.—(1) The forms set out in a practice direction shall be used in the cases to which they apply.E+W

(2) A form may be varied by the court or a party if the variation is required by the circumstances of a particular case.

(3) A form must not be varied so as to leave out any information or guidance which the form gives to the recipient.

(4) Where these Rules require a form to be sent by the court or by a party for another party to use, it must be sent without any variation except such as is required by the circumstances of the particular case.

(5) Where the court or a party produces a form shown in a practice direction with the words “Royal Arms”, the form must include a replica of the Royal Arms at the head of the first page.

Commencement Information

I26Rule 4 in force at 26.4.1999, see Signature

PART 5E+WCOURT DOCUMENTS

Contents of this Part

Scope of this PartRule 5.1
Preparation of documentsRule 5.2
Signature of documents by mechanical meansRule 5.3
Supply of documents from court recordsRule 5.4

Scope of this PartE+W

5.1  This Part contains general provisions about—

(a)documents used in court proceedings; and

(b)the obligations of a court officer in relation to those documents.

Commencement Information

I27Rule 5.1 in force at 26.4.1999, see Signature

Preparation of documentsE+W

5.2—(1) Where under these Rules, a document is to be prepared by the court, the document may be prepared by the party whose document it is, unless—

(a)a court officer otherwise directs; or

(b)it is a document to which—

F45(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii)CCR Order 25, rule 8(9) (reissue of warrant where condition upon which warrant was suspended has not been complied with); or

(iii)CCR Order 28, rule 11(1) (issue of warrant of committal),

applies.

(2) Nothing in this rule shall require a court officer to accept a document which is illegible, has not been duly authorised, or is unsatisfactory for some other similar reason.

Textual Amendments

Commencement Information

I28Rule 5.2 in force at 26.4.1999, see Signature

Signature of documents by mechanical meansE+W

5.3  Where any of these Rules or any practice direction requires a document to be signed, that requirement shall be satisfied if the signature is printed by computer or other mechanical means.

Commencement Information

I29Rule 5.3 in force at 26.4.1999, see Signature

[F46Register of claimsE+W

5.4—(1) A court or court office may keep a publicly accessible register of claims which have been issued out of that court or court office.

(2) Any person who pays the prescribed fee may, during office hours, search any available register of claims.

  • (The practice direction contains details of available registers).]

Textual Amendments

[F47Supply of documents to Attorney-General from court recordsE+W

5.4A.—(1) The Attorney-General may search for, inspect and take a copy of any documents within a court file for the purpose of preparing an application or considering whether to make an application under section 42 of the Supreme Court Act 1981 or section 33 of the Employment Tribunals Act 1996 (restriction of vexatious proceedings).

(2) The Attorney-General must, when exercising the right under paragraph (1)—

(a)pay any prescribed fee; and

(b)file a written request, which must—

(i)confirm that the request is for the purpose of preparing an application or considering whether to make an application mentioned in paragraph (1); and

(ii)name the person who would be the subject of the application.]

Textual Amendments

[F48Supply of documents to a party from court recordsE+W

5.4B.—(1) A party to proceedings may, unless the court orders otherwise, obtain from the records of the court a copy of any document listed in paragraph 4.2A of the Practice Direction.

(2) A party to proceedings may, if the court gives permission, obtain from the records of the court a copy of any other document filed by a party or communication between the court and a party or another person.

Textual Amendments

Supply of documents to a non-party from court recordsE+W

5.4C.—(1) The general rule is that a person who is not a party to proceedings may obtain from the court records a copy of—

(a)a statement of case, but not any documents filed with or attached to the statement of case, or intended by the party whose statement it is to be served with it;

(b)a judgment or order given or made in public (whether made at a hearing or without a hearing).

[F49(1A) Where a non-party seeks to obtain a copy of a statement of case filed before 2nd October 2006—

(a)this rule does not apply; and

(b)the rules of court relating to access by a non-party to statements of case in force immediately before 2nd October 2006 apply as if they had not been revoked.

(The rules relating to access by a non-party to statements of case in force immediately before 2nd October 2006 were contained in the former rule 5.4(5) to 5.4(9). The Practice Direction to this Part sets out the relevant provisions as they applied to statements of case.).]

(2) A non-party may, if the court gives permission, obtain from the records of the court a copy of any other document filed by a party, or communication between the court and a party or another person.

(3) A non-party may obtain a copy of a statement of case or judgment or order under paragraph (1) only if—

(a)where there is one defendant, the defendant has filed an acknowledgment of service or a defence;

(b)where there is more than one defendant, either—

(i)all the defendants have filed an acknowledgment of service or a defence;

(ii)at least one defendant has filed an acknowledgment of service or a defence, and the court gives permission;

(c)the claim has been listed for a hearing; or

(d)judgment has been entered in the claim.

(4) The court may, on the application of a party or of any person identified in a statement of case—

(a)order that a non-party may not obtain a copy of [F50a statement of case] under paragraph (1);

(b)restrict the persons or classes of persons who may obtain a copy of [F50a statement of case];

(c)order that persons or classes of persons may only obtain a copy of [F50a statement of case] if it is edited in accordance with the directions of the court; or

(d)make such other order as it thinks fit.

(5) A person wishing to apply for an order under paragraph (4) must file an application notice in accordance with Part 23.

(6) Where the court makes an order under paragraph (4), a non-party who wishes to obtain a copy of the statement of case, or to obtain an unedited copy of the statement of case, may apply on notice to the party or person identified in the statement of case who requested the order, for permission.

Textual Amendments

Supply of documents from court records - generalE+W

5.4D.—(1) A person wishing to obtain a copy of a document under rule 5.4B or rule 5.4C must pay any prescribed fee and—

(a)if the court’s permission is required, file an application notice in accordance with Part 23; or

(b)if permission is not required, file a written request for the document.

(2) An application for an order under rule 5.4C(4) or for permission to obtain a copy of a document under rule 5.4B or rule 5.4C (except an application for permission under rule 5.4C(6)) may be made without notice, but the court may direct notice to be given to any person who would be affected by its decision.

(3) Rules 5.4, 5.4B and 5.4C do not apply in relation to any proceedings in respect of which a rule or practice direction makes different provision.]

Textual Amendments

[F51Filing and sending documentsE+W

5.5—(1) A practice direction may make provision for documents to be filed or sent to the court by—

(a)facsimile; or

(b)other electronic means.

(2) Any such practice direction may—

(a)provide that only particular categories of documents may be filed or sent to the court by such means;

(b)provide that particular provisions only apply in specific courts; and

(c)specify the requirements that must be fulfilled for any document filed or sent to the court by such means.]

Textual Amendments

PART 6E+WSERVICE OF DOCUMENTS

Modifications etc. (not altering text)

Contents of this Part

I GENERAL RULES ABOUT SERVICE
Part 6 rules about service apply generallyRule 6.1
Methods of service—generalRule 6.2
Who is to serveRule 6.3
Personal serviceRule 6.4
Address for serviceRule 6.5
Service of documents on children and [F52protected parties]Rule 6.6
Deemed serviceRule 6.7
Service by an alternative methodRule 6.8
Power of court to dispense with serviceRule 6.9
Certificate of serviceRule 6.10
Notice of non-serviceRule 6.11
II SPECIAL PROVISIONS ABOUT SERVICE OF THE CLAIM FORM
General rules about service subject to special rules about service of claim formRule 6.12
Service of claim form by the court—defendant’s address for serviceRule 6.13
Certificate of service relating to the claim formRule 6.14
Service of claim form by contractually agreed methodRule 6.15
Service of claim form on agent of principal who is overseasRule 6.16
[F53III SPECIAL PROVISIONS ABOUT SERVICE OUT OF THE JURISDICTION
Scope of this SectionRule 6.17
DefinitionsRule 6.18
Service out of the jurisdiction where the permission of the court is not requiredRule 6.19
Service out of the jurisdiction where the permission of the court is requiredRule 6.20
Application for permission to serve claim form out of the jurisdictionRule 6.21
Period for acknowledging service or for admitting the claim where claim form served out of the jurisdiction under rule 6.19Rule 6.22
Period for filing a defence where claim form served out of the jurisdiction under rule 6.19Rule 6.23
Method of service—general provisionsRule 6.24
Service through foreign governments, judicial authorities and British Consular authoritiesRule 6.25
Procedure where service is to be through foreign governments, judicial authorities and British Consular authoritiesRule 6.26
Service of claim form on State where court permits service out of the jurisdictionRule 6.27
Translation of claim formRule 6.28
Undertaking to be responsible for expenses of the Foreign and Commonwealth OfficeRule 6.29
Service of documents other than the claim formRule 6.30
Proof of serviceRule 6.31]
[F54IV—SERVICE OF FOREIGN PROCESS
Scope and definitions Rule 6.32
Request for service Rule 6.33
Method of service Rule 6.34
After service Rule 6.35]

Textual Amendments

F52Words in Pt. 6 Table of Contents substituted (1.10.2007) by The Civil Procedure (Amendment) Rules 2007 (S.I. 2007/2204), rules 1, 4(a)

I GENERAL RULES ABOUT SERVICEE+W

Part 6 rules about service apply generallyE+W

6.1  The rules in this Part apply to the service of documents, except where—

(a)any other enactment, a rule in another Part, or a practice direction makes a different provision; or

(b)the court orders otherwise.

[F55(For service in possession claims, see Part 55).]

Textual Amendments

Commencement Information

I30Rule 6.1 in force at 26.4.1999, see Signature

Methods of service—generalE+W

6.2—(1) A document may be served by any of the following methods—

(a)personal service, in accordance with rule 6.4;

(b)first class post [F56(or an alternative service which provides for delivery on the next working day)];

(c)leaving the document at a place specified in rule 6.5;

(d)through a document exchange in accordance with the relevant practice direction; or

(e)by fax or other means of electronic communication in accordance with the relevant practice direction.

(Rule 6.8 provides for the court to permit service by an alternative method)

(2) A company may be served by any method permitted under this Part as an alternative to the methods of service set out in—

(a)section 725 of the Companies Act 1985(8) (service by leaving a document at or posting it to an authorised place);

(b)section 695 of that Act (service on oversea companies); and

(c)section 694A of that Act (service of documents on companies incorporated outside the UK and Gibraltar and having a branch in Great Britain).

Textual Amendments

Commencement Information

I31Rule 6.2 in force at 26.4.1999, see Signature

Who is to serveE+W

6.3—(1) The court will serve a document which it has issued or prepared except where—

(a)a rule provides that a party must serve the document in question;

(b)the party on whose behalf the document is to be served notifies the court that he wishes to serve it himself;

(c)a practice direction provides otherwise;

(d)the court orders otherwise; or

(e)the court has failed to serve and has sent a notice of non-service to the party on whose behalf the document is to be served in accordance with rule 6.11.

(2) Where the court is to serve a document, it is for the court to decide which of the methods of service specified in rule 6.2 is to be used.

(3) Where a party prepares a document which is to be served by the court, that party must file a copy for the court, and for each party to be served.

Commencement Information

I32Rule 6.3 in force at 26.4.1999, see Signature

Personal serviceE+W

6.4—(1) A document to be served may be served personally, except as provided in [F57paragraphs (2) and (2A)].

(2) Where a solicitor—

(a)is authorised to accept service on behalf of a party; and

(b)has notified the party serving the document in writing that he is so authorised,

a document must be served on the solicitor, unless personal service is required by an enactment, rule, practice direction or court order.

[F58(2A) In civil proceedings by or against the Crown, as defined in rule 66.1(2), documents required to be served on the Crown may not be served personally.]

(3) A document is served personally on an individual by leaving it with that individual.

(4) A document is served personally on a company or other corporation by leaving it with a person holding a senior position within the company or corporation.

(The service practice direction sets out the meaning of “senior position”)

(5) A document is served personally on a partnership where partners are being sued in the name of their firm by leaving it with—

(a)a partner; or

(b)a person who, at the time of service, has the control or management of the partnership business at its principal place of business.

Textual Amendments

Commencement Information

I33Rule 6.4 in force at 26.4.1999, see Signature

Address for serviceE+W

6.5—(1) Except as provided by [F59Section III of this Part] (service out of the jurisdiction) a document must be served within the jurisdiction.

  • (“Jurisdiction” is defined in rule 2.3)

(2) A party must give an address for service within the jurisdiction.

[F60Such address must include a full postcode, unless the court orders otherwise.

(Paragraph 2.4 of the Practice Direction to Part 16 contains provision about the content of an address for service).]

(3) Where a party—

(a)does not give the business address of his solicitor as his address for service; and

(b)resides or carries on business within the jurisdiction,

he must give his residence or place of business as his address for service.

(4) Any document to be served—

(a)by first class post [F61(or an alternative service which provides for delivery on the next working day)];

(b)by leaving it at the place of service;

(c)through a document exchange; or

(d)by fax or by other means of electronic communication,

must be sent or transmitted to, or left at, the address for service given by the party to be served.

(5) Where—

(a)a solicitor is acting for the party to be served; and

(b)the document to be served is not the claim form;

the party’s address for service is the business address of his solicitor.

(Rule 6.13 specifies when the business address of a defendant’s solicitor may be the defendant’s address for service in relation to the claim form)

(6) Where—

(a)no solicitor is acting for the party to be served; and,

(b)the party has not given an address for service,

the document must be sent or transmitted to, or left at, the place shown in the following table.

(Rule 6.2(2) sets out the statutory methods of service on a company)

Nature of party to be servedPlace of service
Individual• Usual or last known residence.
Proprietor of a business• Usual or last known residence; or
• Place of business or last known place of business.
Individual who is suing or being sued in the name of a firm• Usual or last known residence; or
• Principal or last known place of business of the firm.
Corporation incorporated in England and Wales other than a company• Principal office of the corporation; or
• Any place within the jurisdiction where the corporation carries on its activities and which has a real connection with the claim.
Company registered in England and Wales• Principal office of the company; or
• Any place of business of the company within the jurisdiction which has a real connection with the claim.
Any other company or corporation• Any place within the jurisdiction where the corporation carries on its activities; or
• Any place of business of the company within the jurisdiction.

(7) This rule does not apply where an order made by the court under rule 6.8 (service by an alternative method) specifies where the document in question may be served.

[F62(8) In civil proceedings by or against the Crown, as defined in rule 66.1(2)—

(a)service on the Attorney General must be effected on the Treasury Solicitor;

(b)service on a government department must be effected on the solicitor acting for that department as required by section 18 of the Crown Proceedings Act 1947.

(The practice direction to Part 66 gives the list published under section 17 of that Act of the solicitors acting for the different government departments on whom service is to be effected, and of their addresses).]

[F63(Rule 42.1 provides that if the business address of his solicitor is given that solicitor will be treated as acting for that party)]

Textual Amendments

Commencement Information

I34Rule 6.5 in force at 26.4.1999, see Signature

Service of documents on children and patientsE+W

6.6—(1) The following table shows the person on whom a document must be served if it is a document which would otherwise be served on a child or a [F64protected party]—

[F65Type of documentNature of partyPersons to be served
Claim formChild who is not also a protected party• One of the child’s parents or guardians; or
• if there is no parent or guardian, an adult with whom the child resides or in whose care the child is.
Claim formProtected party

One of the following persons with authority in relation to the protected party as:

(i)

the attorney under a registered enduring power of attorney,

(ii)

the donee of a lasting power of attorney,

(iii)

the deputy appointed by the Court of Protection; or

• if there is no such person, an adult with whom the protected party resides or in whose care the protected party is.
Application for an order appointing a litigation friend, where a child or patient has no litigation friendChild or protected partySee rule 21.8.
Any other documentChild or protected partyThe litigation friend who is conducting the proceedings on behalf of the child or protected party.]

(2) The court may make an order permitting a document to be served on the child or [F66protected party], or on some person other than the person specified in the table in this rule.

(3) An application for an order under paragraph (2) may be made without notice.

(4) The court may order that, although a document has been served on someone other than the person specified in the table, the document is to be treated as if it had been properly served.

(5) This rule does not apply where the court has made an order under rule 21.2(3) allowing a child to conduct proceedings without a litigation friend.

(Part 21 contains rules about the appointment of a litigation friend)

Textual Amendments

Commencement Information

I35Rule 6.6 in force at 26.4.1999, see Signature

Deemed serviceE+W

6.7—(1) A document which is served in accordance with these rules or any relevant practice direction shall be deemed to be served on the day shown in the following table—

Method of serviceDeemed day of service
First class post [F67(or an alternative service which provides for delivery on the next working day)]The second day after it was posted.
Document exchangeThe second day after it was left at the document exchange.
Delivering the document to or leaving it at a permitted addressThe day after it was delivered to or left at the permitted address.
Fax• If it is transmitted on a business day before 4 p.m, on that day; or
• in any other case, on the business day after the day on which it is transmitted.
Other electronic methodThe second day after the day on which it is transmitted.

F68...

[F69(2) If a document is served personally—

(a)after 5 p.m., on a business day; or

(b)at any time on a Saturday, Sunday or a Bank Holiday,

it will be treated as being served on the next business day.]

(3) In this rule—

“business day” means any day except Saturday, Sunday or a bank holiday; and

“bank holiday” includes Christmas Day and Good Friday.

Textual Amendments

Commencement Information

I36Rule 6.7 in force at 26.4.1999, see Signature

Service by an alternative methodE+W

6.8—(1) Where it appears to the court that there is a good reason to authorise service by a method not permitted by these Rules, the court may make an order permitting service by an alternative method.

(2) An application for an order permitting service by an alternative method—

(a)must be supported by evidence; and

(b)may be made without notice.

(3) An order permitting service by an alternative method must specify—

(a)the method of service; and

(b)the date when the document will be deemed to be served.

Commencement Information

I37Rule 6.8 in force at 26.4.1999, see Signature

Power of court to dispense with serviceE+W

6.9—(1) The court may dispense with service of a document.

(2) An application for an order to dispense with service may be made without notice.

Commencement Information

I38Rule 6.9 in force at 26.4.1999, see Signature

Certificate of serviceE+W

6.10  Where a rule, practice direction or court order requires a certificate of service, the certificate must [F70state the details set out in the following table]

Method of serviceDetails to be certified
PostDate of posting
PersonalDate of personal service
Document exchangeDate of delivery to the document exchange
Delivery of document to or leaving it at a permitted placeDate when the document was delivered to or left at the permitted place
FaxDate and time of transmission
Other electronic meansDate of transmission and the means used
Alternative method permitted by the courtAs required by the court

Textual Amendments

Commencement Information

I39Rule 6.10 in force at 26.4.1999, see Signature

[F71Notification of outcome of postal service by the courtE+W

6.11  Where—

(a)a document to be served by the court is served by post; and

(b)such document is returned to the court,

the court must send notification to the party who requested service stating that the document has been returned.

Textual Amendments

F71Rules 6.11, 6.11A substituted for rule 6.11 (1.10.2005) by The Civil Procedure (Amendment No.3) Rules 2005 (S.I. 2005/2292), rules 1(c), 13

Notice of non-service by bailiffE+W

6.11A  Where—

(a)the court bailiff is to serve a document; and

(b)the bailiff is unable to serve it,

the court must send notification to the party who requested service.]

Textual Amendments

F71Rules 6.11, 6.11A substituted for rule 6.11 (1.10.2005) by The Civil Procedure (Amendment No.3) Rules 2005 (S.I. 2005/2292), rules 1(c), 13

II SPECIAL PROVISIONS ABOUT SERVICE OF THE CLAIM FORME+W

General rules about service subject to special rules about service of claim formE+W

6.12  The general rules about service are subject to the special rules about service contained in rules 6.13 to 6.16.

Commencement Information

I40Rule 6.12 in force at 26.4.1999, see Signature

Service of claim form by the court—defendant’s address for serviceE+W

6.13—(1) Where a claim form is to be served by the court, the claim form must include the defendant’s address for service.

(2) For the purposes of paragraph (1), the defendant’s address for service may be the business address of the defendant’s solicitor if he is authorised to accept service on the defendant’s behalf but not otherwise.

(Rule 6.5 contains general provisions about the address for service)

[F72(Paragraph 2.4 of the Practice Direction to Part 16 contains provision about the content of an address for service).]

Textual Amendments

Commencement Information

I41Rule 6.13 in force at 26.4.1999, see Signature

Certificate of service relating to the claim formE+W

6.14—(1) Where a claim form is served by the court, the court must send the claimant a notice which will include the date when the claim form is deemed to be served under rule 6.7.

(2) Where the claim form is served by the claimant—

(a)he must file a certificate of service within 7 days of service of the claim form; and

(b)he may not obtain judgment in default under Part 12 unless he has filed the certificate of service.

(Rule 6.10 specifies what a certificate of service must show)

Commencement Information

I42Rule 6.14 in force at 26.4.1999, see Signature

Service of the claim form by contractually agreed methodE+W

6.15—(1) Where—

(a)a contract contains a term providing that, in the event of a claim being issued in relation to the contract, the claim form may be served by a method specified in the contract; and

(b)a claim form containing only a claim in respect of that contract is issued,

the claim form shall, subject to paragraph (2), be deemed to be served on the defendant if it is served by a method specified in the contract.

(2) Where the claim form is served out of the jurisdiction in accordance with the contract, it shall not be deemed to be served on the defendant unless—

(a)permission to serve it out of the jurisdiction has been granted under RSC Order 11 [F73rule 6.20]; or

(b)it may be served without permission under RSC Order 11 [F74rule 6.19].

Textual Amendments

Commencement Information

I43Rule 6.15 in force at 26.4.1999, see Signature

Service of claim form on agent of principal who is overseasE+W

6.16—(1) Where—

(a)the defendant is overseas; and

(b)the conditions specified in paragraph (2) are satisfied,

the court may, on an application only, permit a claim form relating to a contract to be served on a defendant’s agent.

(2) The court may not make an order under this rule unless it is satisfied that—

(a)the contract to which the claim relates was entered into within the jurisdiction with or through the defendant’s agent; and

(b)at the time of the application either the agent’s authority has not been terminated or he is still in business relations with his principal.

(3) An application under this rule—

(a)must be supported by evidence; and

(b)may be made without notice.

(4) An order under this rule must state a period within which the defendant must respond to the particulars of claim.

(Rule 9.2 sets out how a defendant may respond to particulars of claim)

(5) The power conferred by this rule is additional to the power conferred by rule 6.8 (service by an alternative method).

(6) Where the court makes an order under this rule, the claimant must send to the defendant copies of—

(a)the order; and

(b)the claim form.

Commencement Information

I44Rule 6.16 in force at 26.4.1999, see Signature

[F75III SPECIAL PROVISIONS ABOUT SERVICE OUT OF THE JURISDICTIONE+W

Textual Amendments

Scope of this SectionE+W

6.17  This Section contains rules about—

(a)service out of the jurisdiction;

(b)how to obtain the permission of the court to serve out of the jurisdiction; and

(c)the procedure for serving out of the jurisdiction.

(Rule 2.3 defines “jurisdiction”)

DefinitionsE+W

6.18  For the purposes of this Part—

(a)“the 1982 Act” means the Civil Jurisdiction and Judgments Act 1982(9);

(b)“the Hague Convention” means the Convention on the service abroad of judicial and extra-judicial documents in civil or commercial matters signed at the Hague on November 15, 1965;

(c)“Contracting State” has the meaning given by section 1(3) of the 1982 Act;

(d)“Convention territory” means the territory or territories of any Contracting State to which the Brussels or Lugano Conventions (as defined in section 1(1) of the 1982 Act) apply;

(e)“Civil Procedure Convention” means the Brussels and Lugano Conventions and any other Convention entered into by the United Kingdom regarding service outside the jurisdiction;

[F76(ea)“the Service Regulation” means Council Regulation (EC) No 1348/2000 of 29 May 2000 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters;]

(f)“United Kingdom Overseas Territory” means those territories as set out in the relevant practice direction.

[F77(g)“domicile” is to be determined—

(i)in relation to a Convention territory, in accordance with sections 41 to 46 of the 1982 Act;

(ii)in relation to a Regulation State, in accordance with the Judgments Regulation and paragraphs 9 to 12 of Schedule 1 to the Civil Jurisdiction and Judgments Order 2001;]

(h)“claim form” includes peitition and application notice; F78...

(i)“claim” includes petition and application.

[F79(j)“the Judgments Regulation” means Council Regulation (EC) No. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters [F80, as amended from time to time and as applied by the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters]; and

[F81(k)[F82“Regulation State” means a Member State.]]

(Rule 6.30 provides that where an application notice is to be served out of the jurisdiction under this Part, rules 6.21(4), 6.22 and 6.23 do not apply)]

Textual Amendments

Service out of the jurisdiction where the permission of the court is not requiredE+W

6.19—(1) A claim form may be served on a defendant out of the jurisdiction where each claim included in the claim form made against the defendant to be served is a claim which the court has power to determine under the 1982 Act and—

(a)no proceedings between the parties concerning the same claim are pending in the courts of [F83any other part of the United Kingdom] or any other Convention territory; and

(b)(i)the defendant is domiciled in the United Kingdom or in any Convention territory;

[F84(ii)Article 16 of Schedule 1 or 3C to the 1982 Act, or paragraph 11 of Schedule 4 to that Act, refers to the proceedings; or

(iii)the defendant is a party to an agreement conferring jurisdiction to which Article 17 of Schedule 1 or 3C to the 1982 Act, or paragraph 12 of Schedule 4 to that Act, refers.]

[F85(1A) A claim form may be served on a defendant out of the jurisdiction where each claim included in the claim form made against the defendant to be served is a claim which the court has power to determine under the Judgments Regulation and—

(a)no proceedings between the parties concerning the same claim are pending in the courts of any other part of the United Kingdom or any other Regulation State; and

(b)(i)the defendant is domiciled in the United Kingdom or in any Regulation State;

(ii)Article 22 of the Judgments Regulation refers to the proceedings; or

(iii)the defendant is a party to an agreement conferring jurisdiction to which Article 23 of the Judgments Regulation refers.]

(2) A claim form may be served on a defendant out of the jurisdiction where each claim included in the claim form made against the defendant to be served is a claim which, under any other enactment, the court has power to determine, although—

(a)the person against whom the claim is made is not within the jurisdiction; or

(b)the facts giving rise to the claim did not occur within the jurisdiction.

(3) Where a claim form is to be served out of the jurisdiction under this rule, it must contain a statement of the grounds on which the claimant is entitled to serve it out of the jurisdiction.

Textual Amendments

Service out of the jurisdiction where the permission of the court is requiredE+W

6.20  In any proceedings to which rule 6.19 does not apply, a claim form may be served out of the jurisdiction with the permission of the court if—

(1) a claim is made for a remedy against a person domiciled within the jurisdiction;

General grounds

(2) a claim is made for an injunction(gl) ordering the defendant to do or refrain from doing an act within the jurisdiction;

(3) a claim is made against someone on whom the claim form has been or will be served [F86(otherwise than in reliance on this paragraph)] and—

(a)there is between the claimant and that person a real issue which it is reasonable for the court to try; and

(b)the claimant wishes to serve the claim form on another person who is a necessary or proper party to that claim;

[F87(3A) a claim is a Part 20 claim and the person to be served is a necessary or proper party to the claim against the Part 20 claimant;]

Claims for interim remedies

(4) a claim is made for an interim remedy under section 25(1) of the 1982 Act;

Claims in relation to contracts

(5) a claim is made in respect of a contract where the contract—

(a)was made within the jurisdiction;

(b)was made by or through an agent trading or residing within the jurisdiction;

(c)is governed by English law; or

(d)contains a term to the effect that the court shall have jurisdiction to determine any claim in respect of the contract;

(6) a claim is made in respect of a breach of contract committed within the jurisdiction;

(7) a claim is made for a declaration that no contract exists where, if the contract was found to exist, it would comply with the conditions set out in paragraph (5);

Claims in tort

(8) a claim is made in tort where—

(a)damage was sustained within the jurisdiction; or

(b)the damage sustained resulted from an act committed within the jurisdiction;

Enforcement

(9) a claim is made to enforce any judgment or arbitral award;

Claims about property within the jurisdiction

(10) the whole subject matter of a claim relates to property located within the jurisdiction;

Claims about trusts etc.

(11) a claim is made for any remedy which might be obtained in proceedings to execute the trusts of a written instrument where—

(a)the trusts ought to be executed according to English law; and

(b)the person on whom the claim form is to be served is a trustee of the trusts;

(12) a claim is made for any remedy which might be obtained in proceedings for the administration of the estate of a person who died domiciled within the jurisdiction;

(13) a claim is made in probate proceedings which includes a claim for the rectification of a will;

(14) a claim is made for a remedy against the defendant as constructive trustee where the defendant’s alleged liability arises out of acts committed within the jurisdiction;

(15) a claim is made for restitution where the defendant’s alleged liability arises out of acts committed within the jurisdiction;

F88...

[F89Claims by HM Revenue and Customs]

(16) a claim is made by the [F90Commissioners for HM Revenue and Customs] relating to duties or taxes against a defendant not domiciled in Scotland or Northern Ireland;

Claim for costs order in favour of or against third parties

(17) a claim is made by a party to proceedings for an order that the court exercise its power under section 51 of the Supreme Court Act 1981 to make a costs order in favour of or against a person who is not a party to those proceedings;

(Rule 48.2 sets out the procedure where the court is considering whether to exercise its discretion to make a costs order in favour of or against a non-party)

[F91Admiralty claims

(17A) a claim is—

(a)in the nature of salvage and any part of the services took place within the jurisdiction; or

(b)to enforce a claim under section 153, 154 or 175 of the Merchant Shipping Act 1995.]

Claims under various enactments

(18) a claim [F92is] made under an enactment specified in the relevant practice direction.

Textual Amendments

Application for permission to serve claim form out of jurisdictionE+W

6.21—(1) An application for permission under rule 6.20 must be supported by written evidence stating—

(a)the grounds on which the application is made and the paragraph or paragraphs of rule 6.20 relied on;

(b)that the claimant believes that his claim has a reasonable prospect of success; and

(c)the defendant’s address or, if not known, in what place or country the defendant is, or is likely, to be found.

(2) Where the application is made in respect of a claim referred to in rule 6.20(3), the written evidence must also state the grounds on which the witness believes that there is between the claimant and the person on whom the claim form has been, or will be served, a real issue which it is reasonable for the court to try.

[F93(2A) The court will not give permission unless satisfied that England and Wales is the proper place in which to bring the claim.]

(3) Where—

(a)the application is for permission to serve a claim form in Scotland or Northern Ireland; and

(b)it appears to the court that the claimant may also be entitled to a remedy there, the court, in deciding whether to give permission, shall—

(i)compare the cost and convenience of proceeding there or in the jurisdiction; and

(ii)(where relevant) have regard to the powers and jurisdiction of the Sheriff court in Scotland or the county courts or courts of summary jurisdiction in Northern Ireland.

(4) An order giving permission to serve a claim form out of the jurisdiction must specify the periods within which the defendant may—

(a)file an acknowledgment of service;

(b)file or serve an admission; and

(c)file a defence.

(Part 11 sets out the procedure by which a defendant may dispute the court’s jurisdiction)

[F94(The second practice direction to this Part sets out how the periods referred to in paragraphs (a), (b) and (c) are calculated.)]

Textual Amendments

Period for acknowledging service or admitting the claim where the claim form is served out of the jurisdiction under rule 6.19E+W

6.22—(1) This rule sets out the period for filing an acknowledgment of service or filing or serving an admission where a claim form has been served out of the jurisdiction under rule 6.19.

(Part 10 contains rules about the acknowledgment of service and Part 14 contains rules about admissions)

(2) If the claim form is to be served under rule 6.19(1) [F95or (1A)] in Scotland, Northern Ireland or in the European territory of another Contracting State [F96or Regulation State] the period is—

(a)where the defendant is served with a claim form which states that particulars of claim are to follow, 21 days after the service of the particulars of claim; and

(b)in any other case, 21 days after service of the claim form.

(3) If the claim form is to be served under rule 6.19(1) in any other territory of a Contracting State the period is—

(a)where the defendant is served with a claim form which states that particulars of claim are to follow, 31 days after the service of the particulars of claim; and

(b)in any other case, 31 days after service of the claim form.

(4) If the claim form is to be served under—

(a)rule 6.19(1) [F97or (1A)] in a country not referred to in paragraphs (2) or (3); or

(b)rule 6.19(2),

the period is set out in the relevant practice direction.

Textual Amendments

Period for filing a defence where the claim form is served out of the jurisdiction under rule 6.19E+W

6.23—(1) This rule sets out the period for filing a defence where a claim form has been served out of the jurisdiction under rule 6.19.

(Part 15 contains rules about the defence)

(2) If the claim form is to be served under rule 6.19(1) [F98or (1A)] in Scotland, Northern Ireland or in the European territory of another Contracting State [F99or Regulation State] the period is—

(a)21 days after service of the particulars of claim; or

(b)if the defendant files an acknowledgment of service, 35 days after service of the particulars of claim.

(3) If the claim form is to be served under rule 6.19(1) in any other territory of a Contracting State the period is—

(a)31 days after service of the particulars of claim; or

(b)if the defendant files an acknowledgment of service, 45 days after service of the particulars of claim.

(4) If the claim form is to be served under—

(a)rule 6.19(1) [F100or (1A)] in a country not referred to in paragraphs (2) or (3); or

(b)rule 6.19(2),

the period is set out in the relevant practice direction.

Textual Amendments

Method of service—general provisionsE+W

6.24—(1) Where a claim form is to be served out of the jurisdiction, it may be served by any method—

(a)permitted by the law of the country in which it is to be served;

(b)provided for by—

(i)rule 6.25 (service through foreign governments, judicial authorities and British Consular authorities); F101...

[F102(ii)rule 6.26A (service in accordance with the Service Regulation); or]

[F103(iii)] rule [F104rule 6.27] (service on a State); or

(c)permitted by a Civil Procedure Convention.

(2) Nothing in this rule or in any court order shall authorise or require any person to do anything in the country where the claim form is to be served which is against the law of that country.

Textual Amendments

F103Rule 6.24(1)(b)(ii) renumbered as rule 6.24(b)(iii) (31.5.2001) by The Civil Procedure (Amendment No. 2) Rules 2001 (S.I. 2001/1388), rules 1(c), 5(b)

Service through foreign governments, judicial authorities and British Consular authoritiesE+W

6.25—(1) Where a claim form is to be served on a defendant in any country which is a party to the Hague Convention, the claim form may be served—

(a)through the authority designated under the Hague Convention in respect of that country; or

(b)if the law of that country permits—

(i)through the judicial authorities of that country, or

(ii)through a British Consular authority in that country.

(2) Where—

(a)paragraph (4) (service in Scotland etc., other than under the Hague Convention) does not apply; and

(b)a claim form is to be served on a defendant in any country which is a party to a Civil Procedure Convention (other than the Hague Convention) providing for service in that country,

the claim form may be served, if the law of that country permits—

(i)through the judicial authorities of that country; or

(ii)through a British Consular authority in that country (subject to any provisions of the applicable convention about the nationality of persons who may be served by such a method).

(3) Where—

(a)paragraph (4) (service in Scotland etc., other than under the Hague Convention) does not apply; and

(b)a claim form is to be served on a defendant in any country with respect to which there is no Civil Procedure Convention providing for service in that country,

the claim form may be served, if the law of that country so permits—

(i)through the government of that country, where that government is willing to serve it; or

(ii)through a British Consular authority in that country.

(4) Except where a claim form is to be served in accordance with paragraph (1) (service under the Hague Convention), the methods of service permitted by this rule are not available where the claim form is to be served in—

(a)Scotland, Northern Ireland, the Isle of Man or the Channel Islands;

(b)any Commonwealth State; [F105or]

(c)any United Kingdom Overseas Territory[F106.]

F107(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F108(5) This rule does not apply where service is to be effected in accordance with the Service Regulation.]

Textual Amendments

Procedure where service is to be through foreign governments, judicial authorities and British Consular authoritiesE+W

6.26—(1) This rule applies where the claimant wishes to serve the claim form through—

(a)the judicial authorities of the country where the claim form is to be served;

(b)a British Consular authority in that country;

(c)the authority designated under the Hague Convention in respect of that country; or

(d)the government of that country.

(2) Where this rule applies, the claimant must file—

(a)a request for service of the claim form by the method in paragraph (1) that he has chosen;

(b)a copy of the claim form;

(c)any translation required under rule 6.28; and

(d)any other documents, copies of documents or translations required by the relevant practice direction.

(3) When the claimant files the documents specified in paragraph (2), the court officer will—

(a)seal (gl) the copy of the claim form; and

(b)forward the documents to the Senior Master.

(4) The Senior Master will send documents forwarded under this rule—

(a)where the claim form is being served through the authority designated under the Hague Convention, to that authority; or

(b)in any other case, to the Foreign and Commonwealth Office with a request that it arranges for the claim to be served by the method indicated in the request for service filed under paragraph (2) or, where that request indicates alternative methods, by the most convenient method.

(5) An official certificate which—

(a)states that the claim form has been served in accordance with this rule either personally, or in accordance with the law of the country in which service was effected;

(b)specifies the date on which the claim form was served; and

(c)is made by—

(i)a British Consular authority in the country where the claim form was served;

(ii)the government or judicial authorities in that country; or

(iii)any other authority designated in respect of that country under the Hague Convention,

shall be evidence of the facts stated in the certificate.

(6) A document purporting to be an official certificate under paragraph (5) shall be treated as such a certificate, unless it is proved not to be.

[F109(7) This rule does not apply where service is to be effected in accordance with the Service Regulation.]

Textual Amendments

[F110Service in accordance with the Service RegulationE+W

6.26A—(1) This rule applies where a claim form is to be served in accordance with the Service Regulation.

(2) The claimant must file the claim form and any translations or other documents required by the Service Regulation.

(3) When the claimant files the documents referred to in paragraph (2), the court officer will—

(a)seal(GL) the copy of the claim form; and

(b)forward the documents to the Senior Master.

(4) Rule 6.31 does not apply.

  • (The Service Regulation is annexed to the relevant practice direction)]

Textual Amendments

Service of claim form on State where court permits service out of the jurisdictionE+W

6.27—(1) This rule applies where a claimant wishes to serve the claim form on a State.

(2) The claimant must file in the Central Office of the Royal Courts of Justice—

(a)a request for service to be arranged by the Foreign and Commonwealth Office;

(b)a copy of the claim form; and

(c)any translation required under rule 6.28.

(3) The Senior Master will send documents filed under this rule to the Foreign and Commonwealth Office with a request that it arranges for the claim form to be served.

(4) An official certificate by the Foreign and Commonwealth Office stating that a claim form has been duly served on a specified date in accordance with a request made under this rule shall be evidence of that fact.

(5) A document purporting to be such a certificate shall be treated as such a certificate, unless it is proved not to be.

(6) Where—

(a)section 12(6) of the State Immunity Act 1978 applies; and

(b)the State has agreed to a method of service other than through the Foreign and Commonwealth Office,

the claim may be served either by the method agreed or in accordance with this rule.

(Section 12(6) of the State Immunity Act 1978 provides that section 12(1) of that Act, which prescribes a method for serving documents on a State, does not prevent the service of a claim form or other document in a manner to which the State has agreed)

(7) In this rule “State” has the meaning given by section 14 of the State Immunity Act 1978.

Translation of claim formE+W

6.28—(1) Except where paragraph (4) or (5) applies, every copy of the claim form filed under rule 6.26 (service through judicial authorities, foreign governments etc.) or 6.27 (service on State) must be accompanied by a translation of the claim form.

(2) The translation must be—

(a)in the official language of the country in which it is to be served; or

(b)if there is more than one official language of that country, in any official language which is appropriate to the place in the country where the claim form is to be served.

(3) Every translation filed under this rule must be accompanied by a statement by the person making it that it is a correct translation, and the statement must include—

(a)the name of the person making the translation;

(b)his address; and

(c)his qualifications for making a translation.

(4) The claimant is not required to file a translation of a claim form filed under rule 6.26 (service through judicial authorities, foreign governments etc.) where the claim form is to be served—

(a)in a country of which English is an official language; or

(b)on a British subject,

unless a Civil Procedure Convention expressly requires a translation.

(5) The claimant is not required to file a translation of a claim form filed under rule 6.27 (service on State) where English is an official language of the State where the claim form is to be served.

Undertaking to be responsible for expenses of the Foreign and Commonwealth OfficeE+W

6.29  Every request for service filed under rule 6.26 (service through judicial authorities, foreign governments etc.) or rule 6.27 (service on State) must contain an undertaking by the person making the request—

(a)to be responsible for all expenses incurred by the Foreign and Commonwealth Office or foreign judicial authority; and

(b)to pay those expenses to the Foreign and Commonwealth Office or foreign judicial authority on being informed of the amount.

Service of documents other than the claim formE+W

6.30—(1) Where an application notice is to be served out of the jurisdiction under this Section of this Part—

(a)rules 6.21(4), 6.22 and 6.23 do not apply; and

(b)where the person on whom the application notice has been served is not a party to proceedings in the jurisdiction in which the application is made, that person may make an application to the court under rule 11(1) as if he were a defendant and rule 11(2) does not apply.

(Rule 6.21(4) provides that an order giving permission to serve a claim form out of the jurisdiction must specify the periods within which the defendant may (a) file an acknowledgment of service, (b) file or serve an admission, and (c) file a defence)

(Rule 6.22 provides rules for the period for acknowledging service or admitting the claim where the claim form is served out of the jurisdiction under rule 6.19)

(Rule 6.23 provides rules for the period for filing a defence where the claim form is served out of the jurisdiction under rule 6.19)

(The practice direction supplementing this Section of this Part provides that where an application notice is to be served out of the jurisdiction in accordance with this Section of this Part, the court must have regard to the country in which the application notice is to be served in setting the date for the hearing of the application and giving any direction about service of the respondent’s evidence)

(Rule 11(1) provides that a defendant may make an application to the court to dispute the court’s jurisdiction to try the claim or argue that the court should not exercise its jurisdiction. Rule 11(2) provides that a defendant who wishes to make such an application must first file an acknowledgment of service in accordance with Part 10)

(2) Unless paragraph (3) applies, where the permission of the court is required for a claim form to be served out of the jurisdiction the permission of the court must also be obtained for service out of the jurisdiction of any other document to be served in the proceedings.

(3) Where—

(a)the court gives permission for a claim form to be served out of the jurisdiction; and

(b)the claim form states that particulars of claim are to follow, the permission of the court is not required to serve the particulars of claim out of the jurisdiction.

Proof of serviceE+W

6.31  Where—

(a)a hearing is fixed when the claim is issued;

(b)the claim form is served on a defendant out of the jurisdiction; and

(c)that defendant does not appear at the hearing,

the claimant may take no further steps against that defendant until the claimant files written evidence showing that the claim form has been duly served.]

[F111IV—SERVICE OF FOREIGN PROCESSE+W

Textual Amendments

Scope and definitionsE+W

6.32—(1) This Section of this Part—

(a)applies to the service in England or Wales of any court process in connection with civil or commercial proceedings in a foreign court or tribunal; but

(b)does not apply where the Service Regulation applies.

  • (The Service Regulation is annexed to the relevant practice direction)

(2) In this Section—

(a)“convention country”—

(i)means a foreign country in relation to which there is a civil procedure convention providing for service in that country of process of the High Court; and

(ii)includes a country which is a party to the Convention on the Service Abroad of Judicial and Extra-Judicial Documents in Civil or Commercial Matters signed at the Hague on 15 November 1965; and

(b)“process server” means—

(i)a process server appointed by the Lord Chancellor to serve documents to which this Section applies, or

(ii)his authorised agent.

Request for serviceE+W

6.33  Process will be served where the Senior Master receives—

(a)a written request for service—

(i)where the foreign court or tribunal is in a convention country, from a consular or other authority of that country; or

(ii)from the Secretary of State for Foreign and Commonwealth Affairs, with a recommendation that service should be effected;

(b)a translation of that request into English;

(c)two copies of the process to be served; and

(d)unless the foreign court or tribunal certifies that the person to be served understands the language of the process, two copies of a translation of it into English.

Method of serviceE+W

6.34  The process must be served as directed by the Senior Master.

After serviceE+W

6.35—(1) The process server must—

(a)send the Senior Master a copy of the process, and

(i)proof of service; or

(ii)a statement why the process could not be served; and

(b)if the Senior Master directs, specify the costs incurred in serving or attempting to serve the process.

(2) The Senior Master will send the following documents to the person who requested service—

(a)a certificate, sealed with the seal of the Supreme Court for use out of the jurisdiction, stating—

(i)when and how the process was served or the reason why it has not been served; and

(ii)where appropriate, an amount certified by a costs judge to be the costs of serving or attempting to serve the process; and

(b)a copy of the process. ]

PART 7E+WHOW TO START PROCEEDINGS—THE CLAIM FORM

Contents of this Part

Where to start proceedingsRule 7.1
How to start proceedingsRule 7.2
Right to use one claim form to start two or more claimsRule 7.3
Particulars of claimRule 7.4
Service of a claim formRule 7.5
Extension of time for serving a claim formRule 7.6
Application by defendant for service of a claim formRule 7.7
Form for defence etc. must be served with particulars of claimRule 7.8
Fixed date and other claimsRule 7.9
Production Centre for claimsRule 7.10

Where to start proceedingsE+W

7.1  Restrictions on where proceedings may be started are set out in the relevant practice direction.

Commencement Information

I45Rule 7.1 in force at 26.4.1999, see Signature

How to start proceedingsE+W

7.2—(1) Proceedings are started when the court issues a claim form at the request of the claimant.

(2) A claim form is issued on the date entered on the form by the court.

(A person who seeks a remedy from the court before proceedings are started or in relation to proceedings which are taking place, or will take place, in another jurisdiction must make an application under Part 23)

(Part 16 sets out what the claim form must include)

[F112(The costs practice direction sets out the information about a funding arrangement to be provided with the claim form where the claimant intends to seek to recover an additional liability)

(“Funding arrangements” and “additional liability” are defined in rule 43.2)]

Textual Amendments

Commencement Information

I46Rule 7.2 in force at 26.4.1999, see Signature

[F1137.2A  The practice direction supplementing this Part makes provision for procedures to be followed when claims are brought by or against a partnership within the jurisdiction.]E+W

Textual Amendments

Right to use one claim form to start two or more claimsE+W

7.3  A claimant may use a single claim form to start all claims which can be conveniently disposed of in the same proceedings.

Commencement Information

I47Rule 7.3 in force at 26.4.1999, see Signature

Particulars of claimE+W

7.4—(1) Particulars of claim must—

(a)be contained in or served with the claim form; or

(b)subject to paragraph (2) be served on the defendant by the claimant within 14 days after service of the claim form.

(2) Particulars of claim must be served on the defendant no later than the latest time for serving a claim form.

(Rule 7.5 sets out the latest time for serving a claim form)

(3) Where the claimant serves particulars of claim separately from the claim form in accordance with paragraph (1)(b), he must, within 7 days of service on the defendant, file a copy of the particulars together with a certificate of service.

(Part 16 sets out what the particulars of claim must include)

  • (Part 22 requires particulars of claim to be verified by a statement of truth)

  • (Rule 6.10 makes provision for a certificate of service)

Commencement Information

I48Rule 7.4 in force at 26.4.1999, see Signature

Service of a claim formE+W

7.5—(1) After a claim form has been issued, it must be served on the defendant.

(2) The general rule is that a claim form must be served within 4 months after the date of issue.

(3) The period for service is 6 months where the claim form is to be served out of the jurisdiction.

Commencement Information

I49Rule 7.5 in force at 26.4.1999, see Signature

Extension of time for serving a claim formE+W

7.6—(1) The claimant may apply for an order extending the period within which the claim form may be served.

(2) The general rule is that an application to extend the time for service must be made—

(a)within the period for serving the claim form specified by rule 7.5; or

(b)where an order has been made under this rule, within the period for service specified by that order.

(3) If the claimant applies for an order to extend the time for service of the claim form after the end of the period specified by rule 7.5 or by an order made under this rule, the court may make such an order only if—

(a)the court has been unable to serve the claim form; or

(b)the claimant has taken all reasonable steps to serve the claim form but has been unable to do so; and

(c)in either case, the claimant has acted promptly in making the application.

(4) An application for an order extending the time for service—

(a)must be supported by evidence; and

(b)may be made without notice.

Commencement Information

I50Rule 7.6 in force at 26.4.1999, see Signature

Application by defendant for service of claim formE+W

7.7—(1) Where a claim form has been issued against a defendant, but has not yet been served on him, the defendant may serve a notice on the claimant requiring him to serve the claim form or discontinue the claim within a period specified in the notice.

(2) The period specified in a notice served under paragraph (1) must be at least 14 days after service of the notice.

(3) If the claimant fails to comply with the notice, the court may, on the application of the defendant—

(a)dismiss the claim; or

(b)make any other order it thinks just.

Commencement Information

I51Rule 7.7 in force at 26.4.1999, see Signature

Form for defence etc. must be served with particulars of claimE+W

7.8—(1) When particulars of claim are served on a defendant, whether they are contained in the claim form, served with it or served subsequently, they must be accompanied by—

(a)a form for defending the claim;

(b)a form for admitting the claim; and

(c)a form for acknowledging service.

(2) Where the claimant is using the procedure set out in Part 8 (alternative procedure for claims)—

(a)paragraph (1) does not apply; and

(b)a form for acknowledging service must accompany the claim form.

Commencement Information

I52Rule 7.8 in force at 26.4.1999, see Signature

Fixed date and other claimsE+W

7.9  A practice direction—

(a)may set out the circumstances in which the court may give a fixed date for a hearing when it issues a claim;

(b)may list claims in respect of which there is a specific claim form for use and set out the claim form in question; and

(c)may disapply or modify these Rules as appropriate in relation to the claims referred to in paragraphs (a) and (b).

Commencement Information

I53Rule 7.9 in force at 26.4.1999, see Signature

Production Centre for claimsE+W

7.10—(1) There shall be a Production Centre for the issue of claim forms and other related matters.

(2) The relevant practice direction makes provision for—

(a)which claimants may use the Production Centre;

(b)the type of claims which the Production Centre may issue;

(c)the functions which are to be discharged by the Production Centre;

(d)the place where the Production Centre is to be located; and

(e)other related matters.

(3) The relevant practice direction may disapply or modify these Rules as appropriate in relation to claims issued by the Production Centre.

Commencement Information

I54Rule 7.10 in force at 26.4.1999, see Signature

[F114Human RightsE+W

7.11—(1) A claim under section 7(1)(a) of the Human Rights Act 1998 in respect of a judicial act may be brought only in the High Court.

(2) Any other claim under section 7(1)(a) of that Act may be brought in any court.]

Textual Amendments

[F115Electronic issue of claimsE+W

7.12.—(1) A practice direction may make provision for a claimant to start a claim by requesting the issue of a claim form electronically.

(2) The practice direction may, in particular—

(a)specify—

(i)the types of claim which may be issued electronically; and

(ii)the conditions which a claim must meet before it may be issued electronically;

(b)specify—

(i)the court where the claim will be issued; and

(ii)the circumstances in which the claim will be transferred to another court;

(c)provide for the filing of other documents electronically where a claim has been started electronically;

(d)specify the requirements that must be fulfilled for any document filed electronically; and

(e)provide how a fee payable on the filing of any document is to be paid where that document is filed electronically.

(3) The practice direction may disapply or modify these Rules as appropriate in relation to claims started electronically.]

Textual Amendments

PART 8E+WALTERNATIVE PROCEDURE FOR CLAIMS

Contents of this Part

Types of claim in which Part 8 procedure may be followedRule 8.1
Contents of the claim formRule 8.2
Acknowledgment of serviceRule 8.3
Consequence of not filing an acknowledgment of serviceRule 8.4
Filing and serving written evidenceRule 8.5
Evidence—generalRule 8.6
Part 20 claimsRule 8.7
Procedure where defendant objects to use of Part 8 procedureRule 8.8
Modifications to the general rulesRule 8.9

Types of claim in which Part 8 procedure may be followedE+W

8.1—(1) The Part 8 procedure is the procedure set out in this Part.

(2) A claimant may use the Part 8 procedure where—

(a)he seeks the court’s decision on a question which is unlikely to involve a substantial dispute of fact; or

(b)paragraph (6) applies.

(3) The court may at any stage order the claim to continue as if the claimant had not used the Part 8 procedure and, if it does so, the court may give any directions it considers appropriate.

(4) Paragraph (2) does not apply if a practice direction provides that the Part 8 procedure may not be used in relation to the type of claim in question.

(5) Where the claimant uses the Part 8 procedure he may not obtain default judgment under Part 12.

(6) A rule or practice direction may, in relation to a specified type of proceedings—

(a)require or permit the use of the Part 8 procedure; and

(b)disapply or modify any of the rules set out in this Part as they apply to those proceedings.

(Rule 8.9 provides for other modifications to the general rules where the Part 8 procedure is being used)

Commencement Information

I55Rule 8.1 in force at 26.4.1999, see Signature

Contents of the claim formE+W

8.2  Where the claimant uses the Part 8 procedure the claim form must state—

(a)that this Part applies;

(b)(i)the question which the claimant wants the court to decide; or

(ii)the remedy which the claimant is seeking and the legal basis for the claim to that remedy;

(c)if the claim is being made under an enactment, what that enactment is;

(d)if the claimant is claiming in a representative capacity, what that capacity is; and

(e)if the defendant is sued in a representative capacity, what that capacity is.

(Part 22 provides for the claim form to be verified by a statement of truth)

(Rule 7.5 provides for service of the claim form)

[F116(The costs practice direction sets out the information about a funding arrangement to be provided with the claim form where the claimant intends to seek to recover an additional liability)

(“Funding arrangement” and “additional liability” are defined in rule 43.2)]

Textual Amendments

Commencement Information

I56Rule 8.2 in force at 26.4.1999, see Signature

[F117Issue of claim form without naming defendantsE+W

8.2A—[F118(1) A practice direction may set out the circumstances in which a claim form may be issued under this Part without naming a defendant.

(2) The practice direction may set out those cases in which an application for permission must be made by application notice before the claim form is issued.]

(3) The application notice for permission—

(a)need not be served on any other person; and

(b)must be accompanied by a copy of the claim form that the applicant proposes to issue.

(4) Where the court gives permission it will give directions about the future management of the claim.]

Textual Amendments

Acknowledgment of serviceE+W

8.3—(1) The defendant must—

(a)file an acknowledgment of service in the relevant practice form not more than 14 days after service of the claim form; and

(b)serve the acknowledgment of service on the claimant and any other party.

(2) The acknowledgment of service must state—

(a)whether the defendant contests the claim; and

(b)if the defendant seeks a different remedy from that set out in the claim form, what that remedy is.

(3) The following rules of Part 10 (acknowledgment of service) apply—

(a)rule 10.3(2) (exceptions to the period for filing an acknowledgment of service); and

(b)rule 10.5 (contents of acknowledgment of service).

F119(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F120(The costs practice direction sets out the information about a funding arrangement to be provided with the acknowledgment of service where the defendant intends to seek to recover an additional liability)

(“Funding arrangement” and “additional liability” are defined in rule 43.2)]

Textual Amendments

Commencement Information

I57Rule 8.3 in force at 26.4.1999, see Signature

Consequence of not filing an acknowledgment of serviceE+W

8.4—(1) This rule applies where—

(a)the defendant has failed to file an acknowledgment of service; and

(b)the time period for doing so has expired.

(2) The defendant may attend the hearing of the claim but may not take part in the hearing unless the court gives permission.

Commencement Information

I58Rule 8.4 in force at 26.4.1999, see Signature

Filing and serving written evidenceE+W

8.5—(1) The claimant must file any written evidence on which he intends to rely when he files his claim form.

(2) The claimant’s evidence must be served on the defendant with the claim form.

(3) A defendant who wishes to rely on written evidence must file it when he files his acknowledgment of service.

(4) If he does so, he must also, at the same time, serve a copy of his evidence on the other parties.

(5) The claimant may, within 14 days of service of the defendant’s evidence on him, file further written evidence in reply.

(6) If he does so, he must also, within the same time limit, serve a copy of his evidence on the other parties.

(7) The claimant may rely on the matters set out in his claim form as evidence under this rule if the claim form is verified by a statement of truth.

Commencement Information

I59Rule 8.5 in force at 26.4.1999, see Signature

Evidence—generalE+W

8.6—(1) No written evidence may be relied on at the hearing of the claim unless—

(a)it has been served in accordance with rule 8.5; or

(b)the court gives permission.

(2) The court may require or permit a party to give oral evidence at the hearing.

(3) The court may give directions requiring the attendance for cross-examination(GL) of a witness who has given written evidence.

(Rule 32.1 contains a general power for the court to control evidence)

Commencement Information

I60Rule 8.6 in force at 26.4.1999, see Signature

Part 20 claimsE+W

8.7  Where the Part 8 procedure is used, Part 20 (counterclaims and other additional claims) applies except that a party may not make a Part 20 claim (as defined by rule 20.2) without the court’s permission.

Commencement Information

I61Rule 8.7 in force at 26.4.1999, see Signature

Procedure where defendant objects to use of the Part 8 procedureE+W

8.8—(1) Where the defendant contends that the Part 8 procedure should not be used because—

(a)there is a substantial dispute of fact; and

(b)the use of the Part 8 procedure is not required or permitted by a rule or practice direction, he must state his reasons when he files his acknowledgment of service.

(Rule 8.5 requires a defendant who wishes to rely on written evidence to file it when he files his acknowledgment of service)

(2) When the court receives the acknowledgment of service and any written evidence it will give directions as to the future management of the case.

(Rule 8.1(3) allows the court to make an order that the claim continue as if the claimant had not used the Part 8 procedure)

Commencement Information

I62Rule 8.8 in force at 26.4.1999, see Signature

Modifications to the general rulesE+W

8.9  Where the Part 8 procedure is followed—

(a)provision is made in this Part for the matters which must be stated in the claim form and the defendant is not required to file a defence and therefore—

(i)Part 16 (statements of case) does not apply;

(ii)Part 15 (defence and reply) does not apply;

(iii)any time limit in these Rules which prevents the parties from taking a step before a defence is filed does not apply; and

(iv)the requirement under rule 7.8 to serve on the defendant a form for defending the claim does not apply;

(b)the claimant may not obtain judgment by request on an admission and therefore—

(i)rules 14.4 to 14.7 do not apply; and

(ii)the requirement under rule 7.8 to serve on the defendant a form for admitting the claim does not apply; and

(c)the claim shall be treated as allocated to the multi-track and therefore Part 26 does not apply.

Commencement Information

I63Rule 8.9 in force at 26.4.1999, see Signature

PART 9E+WRESPONDING TO PARTICULARS OF CLAIM—GENERAL

Contents of this Part

Scope of this PartRule 9.1
Defence, admission or acknowledgment of serviceRule 9.2

Scope of this PartE+W

9.1—(1) This Part sets out how a defendant may respond to particulars of claim.

(2) Where the defendant receives a claim form which states that particulars of claim are to follow, he need not respond to the claim until the particulars of claim have been served on him.

Commencement Information

I64Rule 9.1 in force at 26.4.1999, see Signature

Defence, admission or acknowledgment of serviceE+W

9.2  When particulars of claim are served on a defendant, the defendant may—

(a)file or serve an admission in accordance with Part 14;

(b)file a defence in accordance with Part 15,

(or do both, if he admits only part of the claim); or

(c)file an acknowledgment of service in accordance with Part 10.

[F121(Paragraph 10.6 of the Practice Direction to Part 16 contains provision about the content of the admission, defence or acknowledgment of service).]

Textual Amendments

Commencement Information

I65Rule 9.2 in force at 26.4.1999, see Signature

PART 10E+WACKNOWLEDGMENT OF SERVICE

Contents of this Part

Acknowledgment of serviceRule 10.1
Consequence of not filing an acknowledgment of serviceRule 10.2
The period for filing an acknowledgment of serviceRule 10.3
Notice to claimant that defendant has filed an acknowledgment of serviceRule 10.4
Contents of acknowledgment of serviceRule 10.5

Acknowledgment of serviceE+W

10.1—(1) This Part deals with the procedure for filing an acknowledgment of service.

(2) Where the claimant uses the procedure set out in Part 8 (alternative procedure for claims) this Part applies subject to the modifications set out in rule 8.3.

(3) A defendant may file an acknowledgment of service if—

(a)he is unable to file a defence within the period specified in rule 15.4; or

(b)he wishes to dispute the court’s jurisdiction.

(Part 11 sets out the procedure for disputing the court’s jurisdiction)

Commencement Information

I66Rule 10.1 in force at 26.4.1999, see Signature

Consequence of not filing an acknowledgment of serviceE+W

10.2  If—

(a)a defendant fails to file an acknowledgment of service within the period specified in rule 10.3; and

(b)does not within that period file a defence in accordance with Part 15 or serve or file an admission in accordance with Part 14,

the claimant may obtain default judgment if Part 12 allows it.

Commencement Information

I67Rule 10.2 in force at 26.4.1999, see Signature

The period for filing an acknowledgment of serviceE+W

10.3—(1) The general rule is that the period for filing an acknowledgment of service is—

(a)where the defendant is served with a claim form which states that particulars of claim are to follow, 14 days after service of the particulars of claim; and

(b)in any other case, 14 days after service of the claim form.

(2) The general rule is subject to the following rules—

(a)[F122rule 6.22] (which specifies how the period for filing an acknowledgment of service is calculated where the claim form is served out of the jurisdiction); F123...

(b)rule 6.16(4) (which requires the court to specify the period for responding to the particulars of claim when it makes an order under that rule) [F124; and

(c)rule 6.21(4) (which requires the court to specify the period within which the defendant may file an acknowledgment of service calculated by reference to Practice Direction 6B when it makes an order giving permission to serve a claim form out of the jurisdiction).]

Textual Amendments

Commencement Information

I68Rule 10.3 in force at 26.4.1999, see Signature

Notice to claimant that defendant has filed an acknowledgment of serviceE+W

10.4  On receipt of an acknowledgment of service, the court must notify the claimant in writing.

Commencement Information

I69Rule 10.4 in force at 26.4.1999, see Signature

Contents of acknowledgment of serviceE+W

10.5  An acknowledgment of service must—

(a)be signed by the defendant or his legal representative; and

(b)include the defendant’s address for service.

(Rule 6.5 provides that an address for service must be within the jurisdiction)

[F125(Rule 19.8A modifies this Part where a notice of claim is served under that rule to bind a person not a party to the claim)]

Textual Amendments

Commencement Information

I70Rule 10.5 in force at 26.4.1999, see Signature

PART 11E+WDISPUTING THE COURT'S JURISDICTION

Contents of this Part

Procedure for disputing the court’s jurisdiction.Rule 11

Procedure for disputing the court’s jurisdictionE+W

11.—(1) A defendant who wishes to—

(a)dispute the court’s jurisdiction to try the claim; or

(b)argue that the court should not exercise its jurisdiction,

may apply to the court for an order declaring that it has no such jurisdiction or should not exercise any jurisdiction which it may have.

(2) A defendant who wishes to make such an application must first file an acknowledgment of service in accordance with Part 10.

(3) A defendant who files an acknowledgment of service does not, by doing so, lose any right that he may have to dispute the court’s jurisdiction.

(4) An application under this rule must—

[F126(a)be made within 14 days after filing an acknowledgment of service; and]

(b)be supported by evidence.

F127...

(5) If the defendant—

(a)files an acknowledgment of service; and

(b)does not make such an application within the period [F128specified in paragraph (4)],

he is to be treated as having accepted that the court has jurisdiction to try the claim.

(6) An order containing a declaration that the court has no jurisdiction or will not exercise its jurisdiction may also make further provision including—

(a)setting aside the claim form;

(b)setting aside service of the claim form;

(c)discharging any order made before the claim was commenced or before the claim form was served; and

(d)staying(GL)the proceedings.

(7) If on an application under this rule the court does not make a declaration—

(a)the acknowledgment of service shall cease to have effect; F129...

(b)the defendant may file a further acknowledgment of service within 14 days or such other period as the court may direct [F130; and

(c)the court shall give directions as to the filing and service of the defence in a claim under Part 7 or the filing of evidence in a claim under Part 8 in the event that a further acknowledgment of service is filed.]

(8) If the defendant files a further acknowledgment of service in accordance with paragraph (7)(b) he shall be treated as having accepted that the court has jurisdiction to try the claim.

[F131(9) If a defendant makes an application under this rule, he must file and serve his written evidence in support with the application notice, but he need not before the hearing of the application file—

(a)in a Part 7 claim, a defence; or

(b)in a Part 8 claim, any other written evidence.]

F132(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I71Rule 11 in force at 26.4.1999, see Signature

PART 12E+WDEFAULT JUDGMENT

Contents of this Part

Meaning of “default judgment”Rule 12.1
Claims in which default judgment may not be obtainedRule 12.2
Conditions to be satisfiedRule 12.3
Procedure for obtaining default judgmentRule 12.4
Nature of judgment where default judgment obtained by filing a requestRule 12.5
InterestRule 12.6
Procedure for deciding an amount or valueRule 12.7
Claim against more than one defendantRule 12.8
Procedure for obtaining default judgment for costs onlyRule 12.9
Default judgment obtained by making an applicationRule 12.10
Supplementary provisions where applications for default judgment are madeRule 12.11

Meaning of “default judgment”E+W

12.1  In these Rules, “default judgment” means judgment without trial where a defendant—

(a)has failed to file an acknowledgment of service; or

(b)has failed to file a defence.

(Part 10 contains provisions about filing an acknowledgment of service and Part 15 contains provisions about filing a defence)

Commencement Information

I72Rule 12.1 in force at 26.4.1999, see Signature

Claims in which default judgment may not be obtainedE+W

12.2  A claimant may not obtain a default judgment—

(a)on a claim for delivery of goods subject to an agreement regulated by the Consumer Credit Act 1974(10);

(b)where he uses the procedure set out in Part 8 (alternative procedure for claims); or

(c)in any other case where a practice direction provides that the claimant may not obtain default judgment.

Commencement Information

I73Rule 12.2 in force at 26.4.1999, see Signature

Conditions to be satisfiedE+W

12.3—(1) The claimant may obtain judgment in default of an acknowledgment of service only if—

(a)the defendant has not filed an acknowledgment of service or a defence to the claim (or any part of the claim); and

(b)the relevant time for doing so has expired.

[F133(2) Judgment in default of defence may be obtained only—

(a)where an acknowledgment of service has been filed but a defence has not been filed;

(b)in a counterclaim made under rule 20.4, where a defence has not been filed,

and, in either case, the relevant time limit for doing so has expired.]

[F134(Rule 20.4 makes general provision for a defendant’s counterclaim against a claimant, and rule 20.4(3) provides that Part 10 (acknowledgment of service) does not apply to a counterclaim made under that rule)]

(Rules 10.3 and 15.4 deal respectively with the period for filing an acknowledgment of service and the period for filing a defence)

(3) The claimant may not obtain a default judgment if—

[F135(a)the defendant has applied—

(i)to have the claimant’s statement of case struck out under rule 3.4; or

(ii)for summary judgment under Part 24,

and, in either case, that application has not been disposed of;]

(b)the defendant has satisfied the whole claim (including any claim for costs) on which the claimant is seeking judgment; or

(c)(i)the claimant is seeking judgment on a claim for money; and

(ii)the defendant has filed or served on the claimant an admission under rule 14.4 or 14.7 (admission of liability to pay all of the money claimed) together with a request for time to pay.

(Part 14 sets out the procedure where a defendant admits a money claim and asks for time to pay)

(Rule 6.14 provides that, where the claim form is served by the claimant, he may not obtain default judgment unless he has filed a certificate of service)

[F136(Article 19(1) of Council Regulation (EC) No 1348/2000 of 29 May 2000 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters applies in relation to judgment in default where the claim form is served in accordance with that Regulation)]

Textual Amendments

Commencement Information

I74Rule 12.3 in force at 26.4.1999, see Signature

Procedure for obtaining default judgmentE+W

12.4—(1) Subject to paragraph (2), a claimant may obtain a default judgment by filing a request in the relevant practice form where the claim is for—

(a)a specified amount of money;

(b)an amount of money to be decided by the court;

(c)delivery of goods where the claim form gives the defendant the alternative of paying their value; or

(d)any combination of these remedies.

(2) The claimant must make an application in accordance with Part 23 if he wishes to obtain a default judgment—

(a)on a claim which consists of or includes a claim for any other remedy; or

(b)where rule 12.9 or rule 12.10 so provides [F137,

and where the defendant is an individual, the claimant must provide the defendant’s date of birth (if known) in Part C of the application notice.]

(3) Where a claimant—

(a)claims any other remedy in his claim form in addition to those specified in paragraph (1); but

(b)abandons that claim in his request for judgment,

he may still obtain a default judgment by filing a request under paragraph (1).

[F138(4) In civil proceedings against the Crown, as defined in rule 66.1(2), a request for a default judgment must be considered by a Master or district judge, who must in particular be satisfied that the claim form and particulars of claim have been properly served on the Crown in accordance with section 18 of the Crown Proceedings Act 1947 and rule 6.5(8).]

Textual Amendments

Commencement Information

I75Rule 12.4 in force at 26.4.1999, see Signature

Nature of judgment where default judgment obtained by filing a requestE+W

12.5—(1) Where the claim is for a specified sum of money, the claimant may specify in a request filed under rule 12.4(1)—

(a)the date by which the whole of the judgment debt is to be paid; or

(b)the times and rate at which it is to be paid by instalments.

(2) Except where paragraph (4) applies, a default judgment on a claim for a specified amount of money obtained on the filing of a request, will be judgment for the amount of the claim (less any payments made) and costs—

(a)to be paid by the date or at the rate specified in the request for judgment; or

(b)if none is specified, immediately.

(Interest may be included in a default judgment obtained by filing a request if the conditions set out in Rule 12.6 are satisfied)

  • (Rule 45.4 provides for fixed costs on the entry of a default judgment)

(3) Where the claim is for an unspecified amount of money, a default judgment obtained on the filing of a request will be for an amount to be decided by the court and costs.

(4) Where the claim is for delivery of goods and the claim form gives the defendant the alternative of paying their value, a default judgment obtained on the filing of a request will be judgment requiring the defendant to—

(a)deliver the goods or (if he does not do so) pay the value of the goods as decided by the court (less any payments made); and

(b)pay costs.

(Rule 12.7 sets out the procedure for deciding the amount of a judgment or the value of the goods)

(5) The claimant’s right to enter judgment requiring the defendant to deliver goods is subject to rule 40.14 (judgment in favour of certain part owners relating to the detention of goods).

Commencement Information

I76Rule 12.5 in force at 26.4.1999, see Signature

InterestE+W

12.6—(1) A default judgment on a claim for a specified amount of money obtained on the filing of a request may include the amount of interest claimed to the date of judgment if—

(a)the particulars of claim include the details required by rule 16.4;

(b)where interest is claimed under section 35A of the Supreme Court Act 1981(11) or section 69 of the County Courts Act 1984(12), the rate is no higher than the rate of interest payable on judgment debts at the date when the claim form was issued; and

(c)the claimant’s request for judgment includes a calculation of the interest claimed for the period from the date up to which interest was stated to be calculated in the claim form to the date of the request for judgment.

(2) In any case where paragraph (1) does not apply, judgment will be for an amount of interest to be decided by the court.

(Rule 12.7 sets out the procedure for deciding the amount of interest)

Commencement Information

I77Rule 12.6 in force at 26.4.1999, see Signature

Procedure for deciding an amount or valueE+W

12.7—(1) This rule applies where the claimant obtains a default judgment on the filing of a request under rule 12.4(1) and judgment is for—

(a)an amount of money to be decided by the court;

(b)the value of goods to be decided by the court; or

(c)an amount of interest to be decided by the court.

(2) Where the court enters judgment it will—

(a)give any directions it considers appropriate; and

(b)if it considers it appropriate, allocate the case.

Commencement Information

I78Rule 12.7 in force at 26.4.1999, see Signature

Claim against more than one defendantE+W

12.8—(1) A claimant may obtain a default judgment on request under this Part on a claim for money or a claim for delivery of goods against one of two or more defendants, and proceed with his claim against the other defendants.

(2) Where a claimant applies for a default judgment against one of two or more defendants—

(a)if the claim can be dealt with separately from the claim against the other defendants—

(i)the court may enter a default judgment against that defendant; and

(ii)the claimant may continue the proceedings against the other defendants;

(b)if the claim cannot be dealt with separately from the claim against the other defendants—

(i)the court will not enter default judgment against that defendant; and

(ii)the court must deal with the application at the same time as it disposes of the claim against the other defendants.

(3) A claimant may not enforce against one of two or more defendants any judgment obtained under this Part for possession of land or for delivery of goods unless—

(a)he has obtained a judgment for possession or delivery (whether or not obtained under this Part) against all the defendants to the claim; or

(b)the court gives permission.

Commencement Information

I79Rule 12.8 in force at 26.4.1999, see Signature

Procedure for obtaining a default judgment for costs onlyE+W

12.9—(1) Where a claimant wishes to obtain a default judgment for costs only—

(a)if the claim is for fixed costs, he may obtain it by filing a request in the relevant practice form;

(b)if the claim is for any other type of costs, he must make an application in accordance with Part 23.

(2) Where an application is made under this rule for costs only, judgment shall be for an amount to be decided by the court.

(Part 45 sets out when a claimant is entitled to fixed costs)

Commencement Information

I80Rule 12.9 in force at 26.4.1999, see Signature

Default judgment obtained by making an applicationE+W

12.10  The claimant must make an application in accordance with Part 23 where—

[F139(a)the claim is—

(i)a claim against a child or [F140protected party]; or

(ii)a claim in tort by one spouse or civil partner against the other.]

(b)he wishes to obtain a default judgment where the defendant has failed to file an acknowledgment of service—

(i)against a defendant who has been served with the claim out of the jurisdiction under [F141rule 6.19(1)] [F142or (1A)] (service without leave F143...);

(ii)against a defendant domiciled in Scotland or Northern Ireland or in any other Convention territory [F144or Regulation State];

(iii)against a State;

(iv)against a diplomatic agent who enjoys immunity from civil jurisdiction by virtue of the Diplomatic Privileges Act 1964(14); or

(v)against persons or organisations who enjoy immunity from civil jurisdiction pursuant to the provisions of the International Organisations Acts 1968 and 1981(15).

Textual Amendments

Commencement Information

I81Rule 12.10 in force at 26.4.1999, see Signature

Supplementary provisions where applications for default judgment are madeE+W

12.11—(1) Where the claimant makes an application for a default judgment, judgment shall be such judgment as it appears to the court that the claimant is entitled to on his statement of case.

(2) Any evidence relied on by the claimant in support of his application need not be served on a party who has failed to file an acknowledgment of service.

(3) An application for a default judgment on a claim against a child or [F145protected party] or a claim in tort between spouses [F146or civil partners] must be supported by evidence.

(4) An application for a default judgment may be made without notice if—

[F147(a)the claim under the Civil Jurisdiction and Judgments Act 1982 or the Judgments Regulation, was served in accordance with rules 6.19(1) or 6.19(1A) as appropriate;]

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

(c)notice does not need to be given under any other provision of these Rules.

(5) Where an application is made against a State for a default judgment where the defendant has failed to file an acknowledgment of service—

(a)the application may be made without notice, but the court hearing the application may direct that a copy of the application notice be served on the State;

(b)if the court—

(i)grants the application; or

(ii)directs that a copy of the application notice be served on the State,

the judgment or application notice (and the evidence in support) may be served out of the jurisdiction without any further order;

(c)where paragraph (5)(b) permits a judgment or an application notice to be served out of the jurisdiction, the procedure for serving the judgment or the application notice is the same as for serving a claim form under [F148Section III of Part 6] except where an alternative method of service has been agreed under section 12(6) of the State Immunity Act 1978(16).

(Rule 23.1 defines “application notice”)

(6) For the purposes of this rule and rule 12.10—

[F149(a)“domicile” is to be determined—

(i)in relation to a Convention territory, in accordance with sections 41 to 46 of the Civil Jurisdiction and Judgments Act 1982;

(ii)in relation to a Regulation State, in accordance with the Judgments Regulation and paragraphs 9 to 12 of Schedule 1 to the Civil Jurisdiction and Judgments Order 2001;]

(b)“Convention territory” means the territory or territories of any Contracting State, as defined by section 1(3) of the Civil Jurisdiction and Judgments Act 1982, to which the Brussels Conventions or Lugano Convention apply;

(c)“State” has the meaning given by section 14 of the State Immunity Act 1978; F150...

(d)“Diplomatic agent” has the meaning given by Article 1 (e) of Schedule 1 to the Diplomatic Privileges Act 1964.

[F151(e)“the Judgments Regulation” means Council Regulation (EC) No. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters [F152, as amended from time to time and as applied by the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters]; and

[F153(f) “Regulation State” means a Member State.]]

Textual Amendments

Commencement Information

I82Rule 12.11 in force at 26.4.1999, see Signature

PART 13E+WSETTING ASIDE OR VARYING DEFAULT JUDGMENT

Contents of this Part

Scope of this PartRule 13.1
Cases where the court must set aside judgment entered under Part 12Rule 13.2
Cases where the court may set aside or vary judgment entered under Part 12Rule 13.3
Application to set aside or vary judgment—procedureRule 13.4
Claimant’s duty to apply to set aside judgmentRule 13.5
Abandoned claim restored where default judgment set asideRule 13.6

Scope of this PartE+W

13.1  The rules in this Part set out the procedure for setting aside or varying judgment entered under Part 12 (default judgment).

(CCR Order 22 r.10 sets out the procedure for varying the rate at which a judgment debt must be paid)

Commencement Information

I83Rule 13.1 in force at 26.4.1999, see Signature

Cases where the court must set aside judgment entered under Part 12E+W

13.2  The court must set aside(GL) a judgment entered under Part 12 if judgment was wrongly entered because—

(a)in the case of a judgment in default of an acknowledgment of service, any of the conditions in rule 12.3(1) and 12.3(3) was not satisfied;

(b)in the case of a judgment in default of a defence, any of the conditions in rule 12.3(2) and 12.3(3) was not satisfied; or

(c)the whole of the claim was satisfied before judgment was entered.

Commencement Information

I84Rule 13.2 in force at 26.4.1999, see Signature

Cases where the court may set aside or vary judgment entered under Part 12E+W

13.3—(1) In any other case, the court may set aside(GL) or vary a judgment entered under Part 12 if—

(a)the defendant has a real prospect of successfully defending the claim; or

(b)it appears to the court that there is some other good reason why—

(i)the judgment should be set aside or varied; or

(ii)the defendant should be allowed to defend the claim.

(2) In considering whether to set aside(GL) or vary a judgment entered under Part 12, the matters to which the court must have regard include whether the person seeking to set aside the judgment made an application to do so promptly.

(Rule 3.1(3) provides that the court may attach conditions when it makes an order)

[F154(Article 19(4) of Council Regulation (EC) No 1348/2000 of 29 May 2000 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters applies to applications to appeal a judgment in default when the time limit for appealing has expired)]

Textual Amendments

Commencement Information

I85Rule 13.3 in force at 26.4.1999, see Signature

Application to set aside or vary judgment—procedureE+W

13.4—(1) Where—

(a)the claim is for a specified amount of money;

(b)the judgment was obtained in a court which is not the defendant’s home court;

(c)the claim has not been transferred to another defendant’s home court under rule 14.12 (admission—determination of rate of payment by judge) or rule 26.2 (automatic transfer); and

(d)the defendant is an individual,

the court will transfer an application by a defendant under this Part to set aside(GL) or vary judgment to the defendant’s home court.

F155...

F156(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Paragraph (1) does not apply where the claim was commenced in a specialist list.

(3) An application under rule 13.3 (cases where the court may set aside(GL) or vary judgment) must be supported by evidence.

Textual Amendments

F155Words in rule 13.4 omitted (26.4.1999) by virtue of The Civil Procedure (Amendment) Rules 1999 (S.I. 1999/1008), rules 1, 5

Commencement Information

I86Rule 13.4 in force at 26.4.1999, see Signature

Claimant’s duty to apply to set aside judgmentE+W

F15713.5  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Abandoned claim restored where default judgment set asideE+W

13.6  Where—

(a)the claimant claimed a remedy in addition to one specified in rule 12.4(1) (claims in respect of which the claimant may obtain default judgment by filing a request);

(b)the claimant abandoned his claim for that remedy in order to obtain default judgment on request in accordance with rule 12.4(3); and

(c)that default judgment is set aside(GL) under this Part,

the abandoned claim is restored when the default judgment is set aside.

Commencement Information

I87Rule 13.6 in force at 26.4.1999, see Signature

PART 14E+WADMISSIONS

Contents of this Part

Making an admissionRule 14.1
Period for making an admissionRule 14.2
Admission by notice in writing—application for judgmentRule 14.3
Admission of whole of claim for specified amount of moneyRule 14.4
Admission of part of claim for specified amount of moneyRule 14.5
Admission of liability to pay whole of claim for unspecified amount of moneyRule 14.6
Admission of liability to pay claim for unspecified amount of money where defendant offers a sum in satisfaction of the claimRule 14.7
Allocation of claims in relation to outstanding mattersRule 14.8
Request for time to payRule 14.9
Determination of rate of paymentRule 14.10
Determination of rate of payment by court officerRule 14.11
Determination of rate of payment by judgeRule 14.12
Right of re-determinationRule 14.13
InterestRule 14.14

[F158Admissions made after commencement of proceedings] E+W

14.1—(1) A party may admit the truth of the whole or any part of another party’s case.

(2) He may do this by giving notice in writing (such as in a statement of case or by letter).

(3) Where the only remedy which the claimant is seeking is the payment of money, the defendant may also make an admission in accordance with—

(a)rule 14.4 (admission of whole claim for specified amount of money);

(b)rule 14.5 (admission of part of claim for specified amount of money);

(c)rule 14.6 (admission of liability to pay whole of claim for unspecified amount of money); or

(d)rule 14.7 (admission of liability to pay claim for unspecified amount of money where defendant offers a sum in satisfaction of the claim).

(4) Where the defendant makes an admission as mentioned in paragraph (3), the claimant has a right to enter judgment except where—

(a)the defendant is a child or [F159protected party]; or

(b)the claimant is a child or [F159protected party] and the admission is made under rule 14.5 or 14.7.

(Rule 21.10 provides that, where a claim is made by or on behalf of a child or [F159protected party] or against a child or [F159protected party], no settlement, compromise or payment shall be valid, so far as it relates to that person’s claim, without the approval of the court)

[F160(5) The permission of the court is required to amend or withdraw an admission.]

(Rule 3.1(3) provides that the court may attach conditions when it makes an order)

Textual Amendments

Commencement Information

I88Rule 14.1 in force at 26.4.1999, see Signature

[F161Admissions made before commencement of proceedingsE+W

14.1A—(1) A person may, by giving notice in writing, admit the truth of the whole or any part of another party’s case before commencement of proceedings (a ‘pre-action admission’).

(2) Paragraphs (3) to (5) of this rule apply to a pre-action admission made in the types of proceedings listed at paragraph 1.1(2) of the Practice Direction to this Part if one of the following conditions is met—

(a)it is made after the party making it has received a letter of claim in accordance with the relevant pre-action protocol; or

(b)it is made before such letter of claim has been received, but it is stated to be made under Part 14.

(3) A person may, by giving notice in writing, withdraw a pre-action admission—

(a)before commencement of proceedings, if the person to whom the admission was made agrees;

(b)after commencement of proceedings, if all parties to the proceedings consent or with the permission of the court.

(4) After commencement of proceedings—

(a)any party may apply for judgment on the pre-action admission; and

(b)the party who made the pre-action admission may apply to withdraw it.

(5) An application to withdraw a pre-action admission or to enter judgment on such an admission—

(a)must be made in accordance with Part 23;

(b)may be made as a cross-application.]

Textual Amendments

Period for making an admissionE+W

14.2—(1) The period for returning an admission under rule 14.4 or for filing it under rules 14.5, 14.6 or 14.7 is—

(a)where the defendant is served with a claim form which states that particulars of claim will follow, 14 days after service of the particulars; and

(b)in any other case, 14 days after service of the claim form.

(2) Paragraph (1) is subject to the following rules—

(a)[F162rule 6.22] (which specifies how the period for filing or returning an admission is calculated where the claim form is served out of the jurisdiction); and

(b)rule 6.16(4) (which requires the court to specify the period for responding to the particulars of claim when it makes an order under that rule).

(3) A defendant may return an admission under rule 14.4 or file it under rules 14.5, 14.6 or 14.7 after the end of the period for returning or filing it specified in paragraph (1) if the claimant has not obtained default judgment under Part 12.

(4) If he does so, this Part shall apply as if he had made the admission within that period.

Textual Amendments

Commencement Information

I89Rule 14.2 in force at 26.4.1999, see Signature

Admission by notice in writing—application for judgmentE+W

14.3—(1) Where a party makes an admission under rule 14.1(2) (admission by notice in writing), any other party may apply for judgment on the admission.

(2) Judgment shall be such judgment as it appears to the court that the applicant is entitled to on the admission.

Commencement Information

I90Rule 14.3 in force at 26.4.1999, see Signature

Admission of whole of claim for specified amount of moneyE+W

14.4—(1) This rule applies where—

(a)the only remedy which the claimant is seeking is the payment of a specified amount of money; and

(b)the defendant admits the whole of the claim.

(2) The defendant may admit the claim by returning to the claimant an admission in the relevant practice form.

(3) The claimant may obtain judgment by filing a request in the relevant practice form and, if he does so—

(a)if the defendant has not requested time to pay, the procedure in paragraphs (4) to (6) will apply;

(b)if the defendant has requested time to pay, the procedure in rule 14.9 will apply.

(4) The claimant may specify in his request for judgment—

(a)the date by which the whole of the judgment debt is to be paid; or

(b)the times and rate at which it is to be paid by instalments.

(5) On receipt of the request for judgment the court will enter judgment.

(6) Judgment will be for the amount of the claim (less any payments made) and costs—

(a)to be paid by the date or at the rate specified in the request for judgment; or

(b)if none is specified, immediately.

(Rule 14.14 deals with the circumstances in which judgment under this rule may include interest)

Commencement Information

I91Rule 14.4 in force at 26.4.1999, see Signature

Admission of part of a claim for a specified amount of moneyE+W

14.5—(1) This rule applies where—

(a)the only remedy which the claimant is seeking is the payment of a specified amount of money; and

(b)the defendant admits part of the claim.

(2) The defendant may admit part of the claim by filing an admission in the relevant practice form.

(3) On receipt of the admission, the court will serve a notice on the claimant requiring him to return the notice stating that—

(a)he accepts the amount admitted in satisfaction of the claim;

(b)he does not accept the amount admitted by the defendant and wishes the proceedings to continue; or

(c)if the defendant has requested time to pay, he accepts the amount admitted in satisfaction of the claim, but not the defendant’s proposals as to payment.

(4) The claimant must—

(a)file the notice; and

(b)serve a copy on the defendant,

within 14 days after it is served on him.

(5) If the claimant does not file the notice within 14 days after it is served on him, the claim is stayed(GL) until he files the notice.

(6) If the claimant accepts the amount admitted in satisfaction of the claim, he may obtain judgment by filing a request in the relevant practice form and, if he does so—

(a)if the defendant has not requested time to pay, the procedure in paragraphs (7) to (9) will apply;

(b)if the defendant has requested time to pay, the procedure in rule 14.9 will apply.

(7) The claimant may specify in his request for judgment—

(a)the date by which the whole of the judgment debt is to be paid; or

(b)the time and rate at which it is to be paid by instalments.

(8) On receipt of the request for judgment, the court will enter judgment.

(9) Judgment will be for the amount admitted (less any payments made) and costs—

(a)to be paid by the date or at the rate specified in the request for judgment; or

(b)if none is specified, immediately.

(If the claimant files notice under paragraph (3) that he wishes the proceedings to continue, the procedure which then follows is set out in Part 26)

Commencement Information

I92Rule 14.5 in force at 26.4.1999, see Signature

Admission of liability to pay whole of claim for unspecified amount of moneyE+W

14.6—(1) This rule applies where—

(a)the only remedy which the claimant is seeking is the payment of money;

(b)the amount of the claim is not specified; and

(c)the defendant admits liability but does not offer to pay a specified amount of money in satisfaction of the claim.

(2) The defendant may admit the claim by filing an admission in the relevant practice form.

(3) On receipt of the admission, the court will serve a copy on the claimant.

(4) The claimant may obtain judgment by filing a request in the relevant practice form.

(5) If the claimant does not file a request for judgment within 14 days after service of the admission on him, the claim is stayed(GL) until he files the request.

(6) On receipt of the request for judgment the court will enter judgment.

(7) Judgment will be for an amount to be decided by the court and costs.

Commencement Information

I93Rule 14.6 in force at 26.4.1999, see Signature

Admission of liability to pay claim for unspecified amount of money where defendant offers a sum in satisfaction of the claimE+W

14.7—(1) This rule applies where—

(a)the only remedy which the claimant is seeking is the payment of money;

(b)the amount of the claim is not specified; and

(c)the defendant—

(i)admits liability; and

(ii)offers to pay a specified amount of money in satisfaction of the claim.

(2) The defendant may admit the claim by filing an admission in the relevant practice form.

(3) On receipt of the admission, the court will serve a notice on the claimant requiring him to return the notice stating whether or not he accepts the amount in satisfaction of the claim.

(4) If the claimant does not file the notice within 14 days after it is served on him, the claim is stayed(GL) until he files the notice.

(5) If the claimant accepts the offer he may obtain judgment by filing a request in the relevant practice form and if he does so—

(a)if the defendant has not requested time to pay, the procedure in paragraphs (6) to (8) will apply;

(b)if the defendant has requested time to pay, the procedure in rule 14.9 will apply.

(6) The claimant may specify in his request for judgment—

(a)the date by which the whole of the judgment debt is to be paid; or

(b)the times and rate at which it is to be paid by instalments.

(7) On receipt of the request for judgment, the court will enter judgment.

(8) Judgment will be for the amount offered by the defendant (less any payments made) and costs—

(a)to be paid on the date or at the rate specified in the request for judgment; or

(b)if none is specified, immediately.

(9) If the claimant does not accept the amount offered by the defendant, he may obtain judgment by filing a request in the relevant practice form.

(10) Judgment under paragraph (9) will be for an amount to be decided by the court and costs.

Commencement Information

I94Rule 14.7 in force at 26.4.1999, see Signature

Allocation of claims in relation to outstanding mattersE+W

14.8  Where the court enters judgment under rule 14.6 or 14.7 for an amount to be decided by the court it will—

(a)give any directions it considers appropriate; and

(b)if it considers it appropriate, allocate the case.

Commencement Information

I95Rule 14.8 in force at 26.4.1999, see Signature

Request for time to payE+W

14.9—(1) A defendant who makes an admission under rules 14.4, 14.5 or 14.7 (admission relating to a claim for a specified amount of money or offering to pay a specified amount of money) may make a request for time to pay.

(2) A request for time to pay is a proposal about the date of payment or a proposal to pay by instalments at the times and rate specified in the request.

(3) The defendant’s request for time to pay must be served or filed (as the case may be) with his admission.

(4) If the claimant accepts the defendant’s request, he may obtain judgment by filing a request in the relevant practice form.

(5) On receipt of the request for judgment, the court will enter judgment.

(6) Judgment will be—

(a)where rule 14.4 applies, for the amount of the claim (less any payments made) and costs;

(b)where rule 14.5 applies, for the amount admitted (less any payments made) and costs; or

(c)where rule 14.7 applies, for the amount offered by the defendant (less any payments made) and costs; and

(in all cases) will be for payment at the time and rate specified in the defendant’s request for time to pay.

(Rule 14.10 sets out the procedure to be followed if the claimant does not accept the defendant’s request for time to pay)

Commencement Information

I96Rule 14.9 in force at 26.4.1999, see Signature

Determination of rate of paymentE+W

14.10—(1) This rule applies where the defendant makes a request for time to pay under rule 14.9.

(2) If the claimant does not accept the defendant’s proposals for payment, he must file a notice in the relevant practice form.

(3) Where the defendant’s admission was served direct on the claimant, a copy of the admission and the request for time to pay must be filed with the claimant’s notice.

(4) When the court receives the claimant’s notice, it will enter judgment for the amount admitted (less any payments made) to be paid at the time and rate of payment determined by the court.

Commencement Information

I97Rule 14.10 in force at 26.4.1999, see Signature

Determination of rate of payment by court officerE+W

14.11—(1) A court officer may exercise the powers of the court under rule 14.10(4) where the amount outstanding (including costs) is not more than £50,000.

(2) Where a court officer is to determine the time and rate of payment, he must do so without a hearing.

Commencement Information

I98Rule 14.11 in force at 26.4.1999, see Signature

Determination of rate of payment by judgeE+W

14.12—(1) Where a judge is to determine the time and rate of payment, he may do so without a hearing.

(2) Where a judge is to determine the time and rate of payment at a hearing, the proceedings must be transferred automatically to the defendant’s home court if—

(a)the only claim is for a specified amount of money;

(b)the defendant is an individual;

(c)the claim has not been transferred to another defendant’s home court under rule 13.4 (application to set aside(GL) or vary default judgment—procedure) or rule 26.2 (automatic transfer);

(d)the claim was not started in the defendant’s home court; and

(e)the claim was not started in a specialist list.

(Rule 2.3 explains which court is a defendant’s home court)

(3) If there is to be a hearing to determine the time and rate of payment, the court must give each party at least 7 days' notice of the hearing.

Commencement Information

I99Rule 14.12 in force at 26.4.1999, see Signature

Right of re-determinationE+W

14.13—(1) Where—

(a)a court officer has determined the time and rate of payment under rule 14.11; or

(b)a judge has determined the time and rate of payment under rule 14.12 without a hearing, either party may apply for the decision to be re-determined by a judge.

(2) An application for re-determination must be made within 14 days after service of the determination on the applicant.

(3) Where an application for re-determination is made, the proceedings must be transferred to the defendant’s home court if—

(a)the only claim (apart from a claim for interest or costs) is for a specified amount of money;

(b)the defendant is an individual;

(c)the claim has not been transferred to another defendant’s home court under rule 13.4 (application to set aside(GL) or vary default judgment—procedure) or rule 26.2 (automatic transfer);

(d)the claim was not started in the defendant’s home court; and

(e)the claim was not started in a specialist list.

(Rule 2.3 explains which court is a defendant’s home court)

Commencement Information

I100Rule 14.13 in force at 26.4.1999, see Signature

InterestE+W

14.14—(1) Judgment under rule 14.4 (admission of whole of claim for specified amount of money) shall include the amount of interest claimed to the date of judgment if—

(a)the particulars of claim include the details required by rule 16.4;

(b)where interest is claimed under section 35A of the Supreme Court Act 1981(17) or section 69 of the County Courts Act 1984(18), the rate is no higher than the rate of interest payable on judgment debts at the date when the claim form was issued; and

(c)the claimant’s request for judgment includes a calculation of the interest claimed for the period from the date up to which interest was stated to be calculated in the claim form to the date of the request for judgment.

(2) In any case where judgment is entered under rule 14.4 and the conditions in paragraph (1) are not satisfied judgment shall be for an amount of interest to be decided by the court.

(3) Where judgment is entered for an amount of interest to be decided by the court, the court will give directions for the management of the case.

Commencement Information

I101Rule 14.14 in force at 26.4.1999, see Signature

PART 15E+WDEFENCE AND REPLY

Contents of this Part

Part not to apply where claimant uses Part 8 procedureRule 15.1
Filing a defenceRule 15.2
Consequence of not filing a defenceRule 15.3
The period for filing a defenceRule 15.4
Agreement extending the period for filing a defenceRule 15.5
Service of copy of defenceRule 15.6
Making a counterclaimRule 15.7
Reply to defenceRule 15.8
No statement of case after a reply to be filed without court’s permissionRule 15.9
Claimant’s notice where defence is that money claimed has been paidRule 15.10
Claim stayed if it is not defended or admittedRule 15.11

Part not to apply where claimant uses the Part 8 procedureE+W

15.1  This Part does not apply where the claimant uses the procedure set out in Part 8 (alternative procedure for claims).

Commencement Information

I102Rule 15.1 in force at 26.4.1999, see Signature

Filing a defenceE+W

15.2  A defendant who wishes to defend all or part of a claim must file a defence.

(Part 14 contains further provisions which apply where the defendant admits a claim)

Commencement Information

I103Rule 15.2 in force at 26.4.1999, see Signature

Consequence of not filing a defenceE+W

15.3  If a defendant fails to file a defence, the claimant may obtain default judgment if Part 12 allows it.

Commencement Information

I104Rule 15.3 in force at 26.4.1999, see Signature

The period for filing a defenceE+W

15.4—(1) The general rule is that the period for filing a defence is—

(a)14 days after service of the particulars of claim; or

(b)if the defendant files an acknowledgment of service under Part 10, 28 days after service of the particulars of claim.

(Rule 7.4 provides for the particulars of claim to be contained in or served with the claim form or served within 14 days of service of the claim form)

(2) The general rule is subject to the following rules—

(a)[F163rule 6.23] (which specifies how the period for filing a defence is calculated where the claim form is served out of the jurisdiction);

(b)rule 11 (which provides that, where the defendant makes an application disputing the court’s jurisdiction, he need not file a defence before the hearing);

(c)rule 24.4(2) (which provides that, if the claimant applies for summary judgment before the defendant has filed a defence, the defendant need not file a defence before the summary judgment hearing); and

(d)rule 6.16(4) (which requires the court to specify the period for responding to the particulars of claim when it makes an order under that rule).

Textual Amendments

Commencement Information

I105Rule 15.4 in force at 26.4.1999, see Signature

Agreement extending the period for filing a defenceE+W

15.5—(1) The defendant and the claimant may agree that the period for filing a defence specified in rule 15.4 shall be extended by up to 28 days.

(2) Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing.

Commencement Information

I106Rule 15.5 in force at 26.4.1999, see Signature

Service of copy of defenceE+W

15.6  A copy of the defence must be served on every other party.

(Part 16 sets out what a defence must contain)

[F164(The costs practice direction sets out the information about a funding arrangement to be provided with the defence where the defendant intends to seek to recover an additional liability)

(“Funding arrangement” and “additional liability” are defined in rule 43.2)]

Textual Amendments

Commencement Information

I107Rule 15.6 in force at 26.4.1999, see Signature

Making a counterclaimE+W

15.7  Part 20 applies to a defendant who wishes to make a counterclaim.

Commencement Information

I108Rule 15.7 in force at 26.4.1999, see Signature

Reply to defenceE+W

15.8  If a claimant files a reply to the defence, he must—

(a)file his reply when he files his allocation questionnaire; and

(b)serve his reply on the other parties at the same time as he files it.

(Rule 26.3(6) requires the parties to file allocation questionnaires and specifies the period for doing so)

  • (Part 22 requires a reply to be verified by a statement of truth)

Commencement Information

I109Rule 15.8 in force at 26.4.1999, see Signature

No statement of case after a reply to be filed without court’s permissionE+W

15.9  A party may not file or serve any statement of case after a reply without the permission of the court.

Commencement Information

I110Rule 15.9 in force at 26.4.1999, see Signature

Claimant’s notice where defence is that money claimed has been paidE+W

15.10—(1) Where—

(a)the only claim (apart from a claim for costs and interest) is for a specified amount of money; and

(b)the defendant states in his defence that he has paid to the claimant the amount claimed,

the court will send notice to the claimant requiring him to state in writing whether he wishes the proceedings to continue.

(2) When the claimant responds, he must serve a copy of his response on the defendant.

(3) If the claimant fails to respond under this rule within 28 days after service of the court’s notice on him the claim shall be stayed(GL).

(4) Where a claim is stayed under this rule any party may apply for the stay(GL) to be lifted.

(If the claimant files notice under this rule that he wishes the proceedings to continue, the procedure which then follows is set out in Part 26)

Commencement Information

I111Rule 15.10 in force at 26.4.1999, see Signature

Claim stayed if it is not defended or admittedE+W

15.11—(1) Where—

(a)at least 6 months have expired since the end of the period for filing a defence specified in rule 15.4;

(b)no defendant has served or filed an admission or filed a defence or counterclaim; and

(c)the claimant has not entered or applied for judgment under Part 12 (default judgment), or Part 24 (summary judgment),

the claim shall be stayed(GL).

(2) Where a claim is stayed(GL) under this rule any party may apply for the stay to be lifted.

Commencement Information

I112Rule 15.11 in force at 26.4.1999, see Signature

PART 16E+WSTATEMENTS OF CASE

Contents of this Part

Part not to apply where claimant uses Part 8 procedureRule 16.1
Contents of the claim formRule 16.2
Statement of value to be included in the claim formRule 16.3
Contents of the particulars of claimRule 16.4
Contents of defenceRule 16.5
Defence of set-offRule 16.6
Reply to defenceRule 16.7
Court’s power to dispense with statements of caseRule 16.8

Part not to apply where claimant uses Part 8 procedureE+W

16.1  This Part does not apply where the claimant uses the procedure set out in Part 8 (alternative procedure for claims).

Commencement Information

I113Rule 16.1 in force at 26.4.1999, see Signature

Contents of the claim formE+W

16.2—(1) The claim form must—

(a)contain a concise statement of the nature of the claim;

(b)specify the remedy which the claimant seeks;

(c)where the claimant is making a claim for money, contain a statement of value in accordance with rule 16.3; F165...

[F166(cc)where the claimant’s only claim is for a specified sum, contain a statement of the interest accrued on that sum; and]

(d)contain such other matters as may be set out in a practice direction.

[F167(1A) In civil proceedings against the Crown, as defined in rule 66.1(2), the claim form must also contain—

(a)the names of the government departments and officers of the Crown concerned; and

(b)brief details of the circumstances in which it is alleged that the liability of the Crown arose.]

(2) If the particulars of claim specified in rule 16.4 are not contained in or are not served with the claim form, the claimant must state on the claim form that the particulars of claim will follow.

(3) If the claimant is claiming in a representative capacity, the claim form must state what that capacity is.

(4) If the defendant is sued in a representative capacity, the claim form must state what that capacity is.

(5) The court may grant any remedy to which the claimant is entitled even if that remedy is not specified in the claim form.

(Part 22 requires a claim form to be verified by a statement of truth)

[F168(The costs practice direction sets out the information about a funding arrangement to be provided with the statement of case where the defendant intends to seek to recover an additional liability)

(“Funding arrangement” and “additional liability” are defined in rule 43.2)]

Textual Amendments

Commencement Information

I114Rule 16.2 in force at 26.4.1999, see Signature

Statement of value to be included in the claim formE+W

16.3—(1) This rule applies where the claimant is making a claim for money.

(2) The claimant must, in the claim form, state—

(a)the amount of money which he is claiming;

(b)that he expects to recover—

(i)not more than £5,000;

(ii)more than £5,000 but not more than £15,000; or

(iii)more than £15,000; or

(c)that he cannot say how much he expects to recover.

(3) In a claim for personal injuries, the claimant must also state in the claim form whether the amount which he expects to recover as general damages for pain, suffering and loss of amenity is—

(a)not more than £1,000; or

(b)more than £1,000.

[F169(4) In a claim which includes a claim by a tenant of residential premises against his landlord where the tenant is seeking an order requiring the landlord to carry out repairs or other work to the premises, the claimant must also state in the claim form–

(a)whether the estimated costs of those repairs or other work is–

(i)not more than £1000; or

(ii)more than £1000; and

(b)whether the financial value of any other claim for damages is–

(i)not more than £1000; or

(ii)more than £1000.]

(5) If the claim form is to be issued in the High Court it must, where this rule applies—

(a)state that the claimant expects to recover more than £15,000;

(b)state that some other enactment provides that the claim may be commenced only in the High Court and specify that enactment;

(c)if the claim is a claim for personal injuries state that the claimant expects to recover £50,000 or more; or

(d)state that the claim is to be in one of the specialist High Court lists and state which list.

(6) When calculating how much he expects to recover, the claimant must disregard any possibility—

(a)that he may recover—

(i)interest;

(ii)costs;

(b)that the court may make a finding of contributory negligence against him;

(c)that the defendant may make a counterclaim or that the defence may include a set-off; or

(d)that the defendant may be liable to pay an amount of money which the court awards to the claimant to the Secretary of State for Social Security under section 6 of the Social Security (Recovery of Benefits) Act 1997(19).

(7) The statement of value in the claim form does not limit the power of the court to give judgment for the amount which it finds the claimant is entitled to.

Textual Amendments

Commencement Information

I115Rule 16.3 in force at 26.4.1999, see Signature

Contents of the particulars of claimE+W

16.4—(1) Particulars of claim must include—

(a)a concise statement of the facts on which the claimant relies;

(b)if the claimant is seeking interest, a statement to that effect and the details set out in paragraph (2);

(c)if the claimant is seeking aggravated damages(GL) or exemplary damages(GL), a statement to that effect and his grounds for claiming them;

(d)if the claimant is seeking provisional damages, a statement to that effect and his grounds for claiming them; and

(e)such other matters as may be set out in a practice direction.

(2) If the claimant is seeking interest he must—

(a)state whether he is doing so—

(i)under the terms of a contract;

(ii)under an enactment and if so which; or

(iii)on some other basis and if so what that basis is; and

(b)if the claim is for a specified amount of money, state—

(i)the percentage rate at which interest is claimed;

(ii)the date from which it is claimed;

(iii)the date to which it is calculated, which must not be later than the date on which the claim form is issued;

(iv)the total amount of interest claimed to the date of calculation; and

(v)the daily rate at which interest accrues after that date.

(Part 22 requires particulars of claim to be verified by a statement of truth)

Commencement Information

I116Rule 16.4 in force at 26.4.1999, see Signature

Contents of defenceE+W

16.5—(1) In his defence, the defendant must state—

(a)which of the allegations in the particulars of claim he denies;

(b)which allegations he is unable to admit or deny, but which he requires the claimant to prove; and

(c)which allegations he admits.

(2) Where the defendant denies an allegation—

(a)he must state his reasons for doing so; and

(b)if he intends to put forward a different version of events from that given by the claimant, he must state his own version.

(3) A defendant who—

(a)fails to deal with an allegation; but

(b)has set out in his defence the nature of his case in relation to the issue to which that allegation is relevant,

shall be taken to require that allegation to be proved.

(4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation.

(5) Subject to paragraphs (3) and (4), a defendant who fails to deal with an allegation shall be taken to admit that allegation.

(6) If the defendant disputes the claimant’s statement of value under rule 16.3 he must—

(a)state why he disputes it; and

(b)if he is able, give his own statement of the value of the claim.

(7) If the defendant is defending in a representative capacity, he must state what that capacity is.

(8) If the defendant has not filed an acknowledgment of service under Part 10, he must give an address for service.

(Part 22 requires a defence to be verified by a statement of truth)

  • (Rule 6.5 provides that an address for service must be within the jurisdiction)

Commencement Information

I117Rule 16.5 in force at 26.4.1999, see Signature

Defence of set-offE+W

16.6  Where a defendant—

(a)contends he is entitled to money from the claimant; and

(b)relies on this as a defence to the whole or part of the claim,

the contention may be included in the defence and set off against the claim, whether or not it is also a Part 20 claim.

Commencement Information

I118Rule 16.6 in force at 26.4.1999, see Signature

Reply to defenceE+W

16.7—(1) A claimant who does not file a reply to the defence shall not be taken to admit the matters raised in the defence.

(2) A claimant who—

(a)files a reply to a defence; but

(b)fails to deal with a matter raised in the defence,

shall be taken to require that matter to be proved.

(Part 22 requires a reply to be verified by a statement of truth)

Commencement Information

I119Rule 16.7 in force at 26.4.1999, see Signature

Court’s power to dispense with statements of caseE+W

16.8  If a claim form has been—

(a)issued in accordance with rule 7.2; and

(b)served in accordance with rule 7.5,

the court may make an order that the claim will continue without any other statement of case.

Commencement Information

I120Rule 16.8 in force at 26.4.1999, see Signature

PART 17E+WAMENDMENTS TO STATEMENTS OF CASE

Contents of this Part

Amendments to statements of caseRule 17.1
Power of court to disallow amendments made without permissionRule 17.2
Amendments to statements of case with the permission of the courtRule 17.3
Amendments to statements of case after the end of a relevant limitation periodRule 17.4

Amendments to statements of caseE+W

17.1—(1) A party may amend his statement of case at any time before it has been served on any other party.

(2) If his statement of case has been served, a party may amend it only—

(a)with the written consent of all the other parties; or

(b)with the permission of the court.

[F170(3) If a statement of case has been served, an application to amend it by removing, adding or substituting a party must be made in accordance with rule 19.4.]

F171...

  • (Part 22 requires amendments to a statement of case to be verified by a statement of truth unless the court orders otherwise)

Textual Amendments

Commencement Information

I121Rule 17.1 in force at 26.4.1999, see Signature

Power of court to disallow amendments made without permissionE+W

17.2—(1) If a party has amended his statement of case where permission of the court was not required, the court may disallow the amendment.

(2) A party may apply to the court for an order under paragraph (1) within 14 days of service of a copy of the amended statement of case on him.

Commencement Information

I122Rule 17.2 in force at 26.4.1999, see Signature

Amendments to statements of case with the permission of the courtE+W

17.3—(1) Where the court gives permission for a party to amend his statement of case, it may give directions as to—

(a)amendments to be made to any other statement of case; and

(b)service of any amended statement of case.

(2) The power of the court to give permission under this rule is subject to—

(a)rule 19.1 (change of parties—general);

(b)rule 19.4 (special provisions about adding or substituting parties after the end of a relevant limitation period(GL)); and

(c)rule 17.4 (amendments of statement of case after the end of a relevant limitation period).

Commencement Information

I123Rule 17.3 in force at 26.4.1999, see Signature

Amendments to statements of case after the end of a relevant limitation periodE+W

17.4—(1) This rule applies where—

(a)a party applies to amend his statement of case in one of the ways mentioned in this rule; and

(b)a period of limitation has expired under—

(i)the Limitation Act 1980(20);

(ii)the Foreign Limitation Periods Act 1984(21); [F172or]

[F173(iii)any other enactment which allows such an amendment, or under which such an amendment is allowed.]

(2) The court may allow an amendment whose effect will be to add or substitute a new claim, but only if the new claim arises out of the same facts or substantially the same facts as a claim in respect of which the party applying for permission has already claimed a remedy in the proceedings.

(3) The court may allow an amendment to correct a mistake as to the name of a party, but only where the mistake was genuine and not one which would cause reasonable doubt as to the identity of the party in question.

(4) The court may allow an amendment to alter the capacity in which a party claims if the new capacity is one which that party had when the proceedings started or has since acquired.

( [F174Rule 19.5] specifies the circumstances in which the court may allow a new party to be added or substituted after the end of a relevant limitation period(GL))

Textual Amendments

F173Rule 17.4(1)(b)(iii) substituted for rule 17.4(1)(b)(iii)(iv) (26.3.2001) by The Civil Procedure (Amendment) Rules 2001 (S.I. 2001/256), rules 1(a), 7(1)(b)

Commencement Information

I124Rule 17.4 in force at 26.4.1999, see Signature

PART 18E+WFURTHER INFORMATION

Contents of this Part

Obtaining further informationRule 18.1
Restriction on the use of further informationRule 18.2

Obtaining further informationE+W

18.1—(1) The court may at any time order a party to—

(a)clarify any matter which is in dispute in the proceedings; or

(b)give additional information in relation to any such matter,

whether or not the matter is contained or referred to in a statement of case.

(2) Paragraph (1) is subject to any rule of law to the contrary.

(3) Where the court makes an order under paragraph (1), the party against whom it is made must—

(a)file his response; and

(b)serve it on the other parties,

within the time specified by the court.

(Part 22 requires a response to be verified by a statement of truth)

[F175(Part 53 (defamation) restricts requirements for providing further information about sources of information in defamation claims)]

Textual Amendments

Commencement Information

I125Rule 18.1 in force at 26.4.1999, see Signature

Restriction on the use of further informationE+W

18.2  The court may direct that information provided by a party to another party (whether given voluntarily or following an order made under rule 18.1) must not be used for any purpose except for that of the proceedings in which it is given.

Commencement Information

I126Rule 18.2 in force at 26.4.1999, see Signature

[F176PART 19E+WPARTIES AND GROUP LITIGATION

Textual Amendments

Contents of this Part

Parties—generalRule 19.1

I ADDITION AND SUBSTITUTION OF PARTIES

Change of parties—general

Rule 19.2
Provisions applicable where two or more persons are jointly entitled to a remedyRule 19.3
Procedure for adding and substituting partiesRule 19.4
Special provisions about adding or substituting parties after the end of a relevant limitation periodRule 19.5

II REPRESENTATIVE PARTIES

Representative parties with same interest

Rule 19.6
Representation of interested persons who cannot be ascertained etc.Rule 19.7
DeathRule 19.8
Derivative claimsRule 19.9

III GROUP LITIGATION

Definition

Rule 19.10
Group Litigation OrderRule 19.11
Effect of the GLORule 19.12
Case managementRule 19.13
Removal from the registerRule 19.14
Test claimsRule 19.15

Parties—generalE+W

19.1  Any number of claimants or defendants may be joined as parties to a claim.

I ADDITION AND SUBSTITUTION OF PARTIESE+W

Change of parties—generalE+W

19.2—(1) This rule applies where a party is to be added or substituted except where the case falls within rule 19.5 (special provisions about changing parties after the end of a relevant limitation period(gl)).

(2) The court may order a person to be added as a new party if—

(a)it is desirable to add the new party so that the court can resolve all the matters in dispute in the proceedings; or

(b)there is an issue involving the new party and an existing party which is connected to the matters in dispute in the proceedings, and it is desirable to add the new party so that the court can resolve that issue.

(3) The court may order any person to cease to be a party if it is not desirable for that person to be party to the proceedings.

(4) The court may order a new party to be substituted for an existing one if—

(a)the existing party’s interest or liability has passed to the new party; and

(b)it is desirable to substitute the new party so that the court can resolve the matters in dispute in the proceedings.

Provisions applicable where two or more persons are jointly entitled to a remedyE+W

19.3—(1) Where a claimant claims a remedy to which some other person is jointly entitled with him, all persons jointly entitled to the remedy must be parties unless the court orders otherwise.

(2) If any person does not agree to be a claimant, he must be made a defendant, unless the court orders otherwise.

(3) This rule does not apply in probate proceedings.

Procedure for adding and substituting partiesE+W

19.4—(1) The court’s permission is required to remove, add or substitute a party, unless the claim form has not been served.

(2) An application for permission under paragraph (1) may be made by—

(a)an existing party; or

(b)a person who wishes to become a party.

(3) An application for an order under rule 19.2(4) (substitution of a new party where existing party’s interest or liability has passed)—

(a)may be made without notice; and

(b)must be supported by evidence.

(4) Nobody may be added or substituted as a claimant unless—

(a)he has given his consent in writing; and

(b)that consent has been filed with the court.

[F177(4A) The Commissioners for HM Revenue and Customs may be added as a party to proceedings only if they consent in writing.]

(5) An order for the removal, addition or substitution of a party must be served on—

(a)all parties to the proceedings; and

(b)any other person affected by the order.

(6) When the court makes an order for the removal, addition or substitution of a party, it may give consequential directions about—

(a)filing and serving the claim form on any new defendant;

(b)serving relevant documents on the new party; and

(c)the management of the proceedings.

Textual Amendments

[F178Human RightsE+W

Textual Amendments

19.4A  Section 4 of the Human Rights Act 1998E+W

(1) The court may not make a declaration of incompatibility in accordance with section 4 of the Human Rights Act 1998 unless 21 days' notice, or such other period of notice as the court directs, has been given to the Crown.

(2) Where notice has been given to the Crown a Minister, or other person permitted by that Act, shall be joined as a party on giving notice to the court.

(Only courts specified in section 4 of the Human Rights Act 1998 can make a declaration of incompatibility)

Section 9 of the Human Rights Act 1998

(3) Where a claim is made under that Act for damages in respect of a judicial act—

(a)that claim must be set out in the statement of case or the appeal notice; and

(b)notice must be given to the Crown.

(4) Where paragraph (3) applies and the appropriate person has not applied to be joined as a party within 21 days, or such other period as the court directs, after the notice is served, the court may join the appropriate person as a party.

(A practice direction makes provision for these notices)]

Textual Amendments

Modifications etc. (not altering text)

Special provisions about adding or substituting parties after the end of a relevant limitation periodE+W

19.5—(1) This rule applies to a change of parties after the end of a period of limitation under—

(a)the Limitation Act 1980;

(b)the Foreign Limitation Periods Act 1984; [F179or]

[F180(c)any other enactment which allows such a change, or under which such a change is allowed.]

(2) The court may add or substitute a party only if—

(a)the relevant limitation period(gl) was current when the proceedings were started; and

(b)the addition or substitution is necessary.

(3) The addition or substitution of a party is necessary only if the court is satisfied that—

(a)the new party is to be substituted for a party who was named in the claim form in mistake for the new party;

(b)the claim cannot properly be carried on by or against the original party unless the new party is added or substituted as claimant or defendant; or

(c)the original party has died or had a bankruptcy order made against him and his interest or liability has passed to the new party.

(4) In addition, in a claim for personal injuries the court may add or substitute a party where it directs that—

(a)(i)section 11 (special time limit for claims for personal injuries); or

(ii)section 12 (special time limit for claims under fatal accidents legislation),

of the Limitation Act 1980 shall not apply to the claim by or against the new party; or

(b)the issue of whether those sections apply shall be determined at trial.

(Rule 17.4 deals with other changes after the end of a relevant limitation period(gl))

Textual Amendments

F180Rule 19.5(1)(c) substituted for rule 19.5(1)(c)(d) (26.3.2001) by The Civil Procedure (Amendment) Rules 2001 (S.I. 2001/256), rules 1(a), 8(b)

[F181Special rules about parties in claims for wrongful interference with goodsE+W

19.5A—(1) A claimant in a claim for wrongful interference with goods must, in the particulars of claim, state the name and address of every person who, to his knowledge, has or claims an interest in the goods and who is not a party to the claim.

(2) A defendant to a claim for wrongful interference with goods may apply for a direction that another person be made a party to the claim to establish whether the other person—

(a)has a better right to the goods than the claimant; or

(b)has a claim which might render the defendant doubly liable under section 7 of the Torts (Interference with Goods) Act 1977.

(3) Where the person referred to in paragraph (2) fails to attend the hearing of the application, or comply with any directions, the court may order that he is deprived of any claim against the defendant in respect of the goods.

  • (Rule 3.1(3) provides that the court may make an order subject to conditions)

(4) The application notice must be served on all parties and on the person referred to in paragraph (2).]

Textual Amendments

II REPRESENTATIVE PARTIESE+W

Representative parties with same interestE+W

19.6—(1) Where more than one person has the same interest in a claim—

(a)the claim may be begun; or

(b)the court may order that the claim be continued,

by or against one or more of the persons who have the same interest as representatives of any other persons who have that interest.

(2) The court may direct that a person may not act as a representative.

(3) Any party may apply to the court for an order under paragraph (2).

(4) Unless the court otherwise directs any judgment or order given in a claim in which a party is acting as a representative under this rule—

(a)is binding on all persons represented in the claim; but

(b)may only be enforced by or against a person who is not a party to the claim with the permission of the court.

(5) This rule does not apply to a claim to which rule 19.7 applies.

Representation of interested persons who cannot be ascertained etc.E+W

19.7—(1) This rule applies to claims about—

(a)the estate of a deceased person;

(b)property subject to a trust; or

(c)the meaning of a document, including a statute.

(2) The court may make an order appointing a person to represent any other person or persons in the claim where the person or persons to be represented—

(a)are unborn;

(b)cannot be found;

(c)cannot easily be ascertained; or

(d)are a class of persons who have the same interest in a claim and—

(i)one or more members of that class are within sub-paragraphs (a), (b) or (c); or

(ii)to appoint a representative would further the overriding objective.

(3) An application for an order under paragraph (2)—

(a)may be made by—

(i)any person who seeks to be appointed under the order; or

(ii)any party to the claim; and

(b)may be made at any time before or after the claim has started.

(4) An application notice for an order under paragraph (2) must be served on—

(a)all parties to the claim, if the claim has started;

(b)the person sought to be appointed, if that person is not the applicant or a party to the claim; and

(c)any other person as directed by the court.

(5) The court’s approval is required to settle a claim in which a party is acting as a representative under this rule.

(6) The court may approve a settlement where it is satisfied that the settlement is for the benefit of all the represented persons.

(7) Unless the court otherwise directs, any judgment or order given in a claim in which a party is acting as a representative under this rule—

(a)is binding on all persons represented in the claim; but

(b)may only be enforced by or against a person who is not a party to the claim with the permission of the court.

[F182Representation of beneficiaries by trustees etc.E+W

19.7A—(1) A claim may be brought by or against trustees, executors or administrators in that capacity without adding as parties any persons who have a beneficial interest in the trust or estate (“the beneficiaries”).

(2) Any judgment or order given or made in the claim is binding on the beneficiaries unless the court orders otherwise in the same or other proceedings.]

Textual Amendments

[F183Postal Services Act 2000 (c. 26)E+W

19.7B—(1) An application under section 92 of the Postal Services Act 2000 for permission to bring proceedings in the name of the sender or addressee of a postal packet or his personal representative is made in accordance with Part 8.

(2) A copy of the application notice must be served on the universal service provider and on the person in whose name the applicant seeks to bring the proceedings.]

Textual Amendments

DeathE+W

19.8—(1) Where a person who had an interest in a claim has died and that person has no personal representative the court may order—

(a)the claim to proceed in the absence of a person representing the estate of the deceased; or

(b)a person to be appointed to represent the estate of the deceased.

(2) Where a defendant against whom a claim could have been brought has died and—

(a)a grant of probate or administration has been made, the claim must be brought against the persons who are the personal representatives of the deceased;

(b)a grant of probate or administration has not been made—

(i)the claim must be brought against “the estate of” the deceased; and

(ii)the claimant must apply to the court for an order appointing a person to represent the estate of the deceased in the claim.

(3) A claim shall be treated as having been brought against “the estate of” the deceased in accordance with paragraph (2)(b)(i) where—

(a)the claim is brought against the “personal representatives” of the deceased but a grant of probate or administration has not been made; or

(b)the person against whom the claim was brought was dead when the claim was started.

(4) Before making an order under this rule, the court may direct notice of the application to be given to any other person with an interest in the claim.

(5) Where an order has been made under paragraphs (1) or (2)(b)(ii) any judgment or order made or given in the claim is binding on the estate of the deceased.

Power to make judgments binding on non-partiesE+W

[F18419.8A—(1) This rule applies to any claim relating to—

(a)the estate of a deceased person;

(b)property subject to a trust; or

(c)the sale of any property.

(2) The court may at any time direct that notice of—

(a)the claim; or

(b)any judgment or order given in the claim,

be served on any person who is not a party but who is or may be affected by it.

(3) An application under this rule—

(a)may be made without notice; and

(b)must be supported by written evidence which includes the reasons why the person to be served should be bound by the judgment in the claim.

(4) Unless the court orders otherwise—

(a)a notice of a claim or of a judgment or order under this rule must be—

(i)in the form required by the practice direction;

(ii)issued by the court; and

(iii)accompanied by a form of acknowledgment of service with any necessary modifications;

(b)a notice of a claim must also be accompanied by—

(i)a copy of the claim form; and

(ii)such other statements of case, witness statements or affidavits as the court may direct; and

(c)a notice of a judgment or order must also be accompanied by a copy of the judgment or order.

(5) If a person served with notice of a claim files an acknowledgment of service of the notice within 14 days he will become a party to the claim.

(6) If a person served with notice of a claim does not acknowledge service of the notice he will be bound by any judgment given in the claim as if he were a party.

(7) If, after service of a notice of a claim on a person, the claim form is amended so as substantially to alter the remedy claimed, the court may direct that a judgment shall not bind that person unless a further notice, together with a copy of the amended claim form, is served on him.

(8) Any person served with a notice of a judgment or order under this rule—

(a)shall be bound by the judgment or order as if he had been a party to the claim; but

(b)may, provided he acknowledges service—

(i)within 28 days after the notice is served on him, apply to the court to set aside or vary the judgment or order; and

(ii)take part in any proceedings relating to the judgment or order.

(9) The following rules of Part 10 (acknowledgment of service) apply—

(a)rule 10.4; and

(b)rule 10.5, subject to the modification that references to the defendant are to be read as references to the person served with the notice.

(10) A notice under this rule is issued on the date entered on the notice by the court.]

Textual Amendments

[F185Derivative claims– how startedE+W

19.9—(1) This rule—

(a)applies to a derivative claim (where a company, other body corporate or trade union is alleged to be entitled to claim a remedy, and a claim is made by a member of it for it to be given that remedy), whether under Chapter 1 of Part 11 of the Companies Act 2006 or otherwise; but

(b)does not apply to a claim made pursuant to an order under section [F186996] of that Act.

(2) A derivative claim must be started by a claim form.

(3) The company, body corporate or trade union for the benefit of which a remedy is sought must be made a defendant to the claim.

(4) After the issue of the claim form, the claimant must not take any further step in the proceedings without the permission of the court, other than—

(a)a step permitted or required by rule 19.9A or 19.9C; or

(b)making an urgent application for interim relief.

Textual Amendments

F185Rules 19.9-19.9F substituted for rule 19.9 (1.10.2007) by The Civil Procedure (Amendment) Rules 2007 (S.I. 2007/2204), rule 1, Sch. 1 (with rule 21)

Derivative claims under Chapter 1 of Part 11 of the Companies Act 2006 – application for permissionE+W

19.9A.—(1) In this rule—

  • “the Act” means the Companies Act 2006;

  • “derivative claim” means a derivative claim under Chapter 1 of Part 11 of the Act;

  • “permission application” means an application referred to in section [F187261(1)], 262(2) or 264(2) of the Act;

  • “the company” means the company for the benefit of which the derivative claim is brought.

(2) When the claim form for a derivative claim is issued, the claimant must file—

(a)an application notice under Part 23 for permission to continue the claim; and

(b)the written evidence on which the claimant relies in support of the permission application.

(3) The claimant must not make the company a respondent to the permission application.

(4) Subject to paragraph (7), the claimant must notify the company of the claim and permission application by sending to the company as soon as reasonably practicable after the claim form is issued—

(a)a notice in the form set out in the practice direction supplementing this rule, and to which is attached a copy of the provisions of the Act required by that form;

(b)copies of the claim form and the particulars of claim;

(c)the application notice; and

(d)a copy of the evidence filed by the claimant in support of the permission application.

(5) The claimant may send the notice and documents required by paragraph (4) to the company by any method permitted by Part 6 as if the notice and documents were being served on the company.

(6) The claimant must file a witness statement confirming that the claimant has notified the company in accordance with paragraph (4).

(7) Where notifying the company of the permission application would be likely to frustrate some party of the remedy sought, the court may, on application by the claimant, order that the company need not be notified for such period after the issue of the claim form as the court directs.

(8) An application under paragraph (7) may be made without notice.

(9) Where the court dismisses the claimant’s permission application without a hearing, the court will notify the claimant and (unless the court orders otherwise) the company of that decision.

(10) The claimant may ask for an oral hearing to reconsider the decision to dismiss the permission application, but the claimant—

(a)must make the request to the court in writing within seven days of being notified of the decision; and

(b)must notify the company in writing, as soon as reasonably practicable, of that request unless the court orders otherwise.

(11) Where the court dismisses the permission application at a hearing pursuant to paragraph (10), it will notify the claimant and the company of its decision.

(12) Where the court does not dismiss the application under section 261(2) of the Act, the court will—

(a)order that the company and any other appropriate party must be made respondents to the permission application; and

(b)give directions for the service on the company and any other appropriate party of the application notice and the claim form.

Textual Amendments

F185Rules 19.9-19.9F substituted for rule 19.9 (1.10.2007) by The Civil Procedure (Amendment) Rules 2007 (S.I. 2007/2204), rule 1, Sch. 1 (with rule 21)

Derivative claims under Chapter 1 of Part 11 of the Companies Act 2006 – members of companies taking over claims by companies or other membersE+W

19.9B.—(1) This rule applies to proceedings under section 262(1) or 264(1) of the Companies Act 2006.

(2) The application for permission must be made by an application notice in accordance with Part 23.

(3) Rule 19.9A (except for paragraphs (1), (2) and (4)(b) of that rule, and paragraph (12)(b) so far as it applies to the claim form) applies to an application under this rule and references to the claimant in rule 19.9A are to be read as references to the person who seeks to take over the claim.

Textual Amendments

F185Rules 19.9-19.9F substituted for rule 19.9 (1.10.2007) by The Civil Procedure (Amendment) Rules 2007 (S.I. 2007/2204), rule 1, Sch. 1 (with rule 21)

Derivative claims – other bodies corporate and trade unionsE+W

19.9C.—(1) This rule sets out the procedure where—

(a)either—

(i)a body corporate to which Chapter 1 of Part 11 of the Companies Act 2006 does not apply; or

(ii)a trade union,

is alleged to be entitled to a remedy; and

(b)either—

(i)a claim is made by a member for it to be given that remedy; or

(ii)a member of the body corporate or trade union seeks to take over a claim already started, by the body corporate or trade union or one or more of its members, for it to be given that remedy.

(2) The member who starts, or seeks to take over, the claim must apply to the court for permission to continue the claim.

(3) The application for permission must be made by an application notice in accordance with Part 23.

(4) The procedure for applications in relation to companies under section 261, 262 or 264 (as the case requires) of the Companies Act 2006 applies to the permission application as if the body corporate or trade union were a company.

[F188(5) Rules 19.9A (except for paragraph (1) of that rule) and 19.9B apply to the permission application as if the body corporate or trade union were a company.]

Textual Amendments

F185Rules 19.9-19.9F substituted for rule 19.9 (1.10.2007) by The Civil Procedure (Amendment) Rules 2007 (S.I. 2007/2204), rule 1, Sch. 1 (with rule 21)

Derivative claims arising in the course of other proceedingsE+W

19.9D.  If a derivative claim (except such a claim in pursuance of an order under section [F189996] of the Companies Act 2006) arises in the course of other proceedings—

(a)in the case of a derivative claim under Chapter 1 of Part 11 of that Act, rule 19.9A or 19.9B applies, as the case requires; and

(b)in any other case, rule 19.9C applies.

Textual Amendments

F185Rules 19.9-19.9F substituted for rule 19.9 (1.10.2007) by The Civil Procedure (Amendment) Rules 2007 (S.I. 2007/2204), rule 1, Sch. 1 (with rule 21)

Derivative claims – costsE+W

19.9E.  The court may order the company, body corporate or trade union for the benefit of which a derivative claim is brought to indemnify the claimant against liability for costs incurred in the permission application or in the derivative claim or both.

Textual Amendments

F185Rules 19.9-19.9F substituted for rule 19.9 (1.10.2007) by The Civil Procedure (Amendment) Rules 2007 (S.I. 2007/2204), rule 1, Sch. 1 (with rule 21)

Derivative claims – discontinuance and settlementE+W

19.9F.  Where the court has given permission to continue a derivative claim, the court may order that the claim may not be [F190discontinued, settled or compromised] without the permission of the court.]

Textual Amendments

F185Rules 19.9-19.9F substituted for rule 19.9 (1.10.2007) by The Civil Procedure (Amendment) Rules 2007 (S.I. 2007/2204), rule 1, Sch. 1 (with rule 21)

III GROUP LITIGATIONE+W

DefinitionE+W

19.10  A Group Litigation Order (“GLO”) means an order made under rule 19.11 to provide for the case management of claims which give rise to common or related issues of fact or law (the “GLO issues”).

Group Litigation OrderE+W

19.11—(1) The court may make a GLO where there are or are likely to be a number of claims giving rise to the GLO issues.

(The practice direction provides the procedure for applying for a GLO)

(2) A GLO must—

(a)contain directions about the establishment of a register (the “group register”) on which the claims managed under the GLO will be entered;

(b)specify the GLO issues which will identify the claims to be managed as a group under the GLO; and

(c)specify the court (the “management court”) which will manage the claims on the group register.

(3) A GLO may—

(a)in relation to claims which raise one or more of the GLO issues—

(i)direct their transfer to the management court;

(ii)order their stay (gl) until further order; and

(iii)direct their entry on the group register;

(b)direct that from a specified date claims which raise one or more of the GLO issues should be started in the management court and entered on the group register; and

(c)give directions for publicising the GLO.

Effect of the GLOE+W

19.12—(1) Where a judgment or order is given or made in a claim on the group register in relation to one or more GLO issues—

(a)that judgment or order is binding on the parties to all other claims that are on the group register at the time the judgment is given or the order is made unless the court orders otherwise; and

(b)the court may give directions as to the extent to which that judgment or order is binding on the parties to any claim which is subsequently entered on the group register.

(2) Unless paragraph (3) applies, any party who is adversely affected by a judgment or order which is binding on him may seek permission to appeal the order.

(3) A party to a claim which was entered on the group register after a judgment or order which is binding on him was given or made may not—

(a)apply for the judgment or order to be set aside(gl), varied or stayed(gl); or

(b)appeal the judgment or order,

but may apply to the court for an order that the judgment or order is not binding on him.

(4) Unless the court orders otherwise, disclosure of any document relating to the GLO issues by a party to a claim on the group register is disclosure of that document to all parties to claims—

(a)on the group register; and

(b)which are subsequently entered on the group register.

Case managementE+W

19.13  Directions given by the management court may include directions—

(a)varying the GLO issues;

(b)providing for one or more claims on the group register to proceed as test claims;

(c)appointing the solicitor of one or more parties to be the lead solicitor for the claimants or defendants;

(d)specifying the details to be included in a statement of case in order to show that the criteria for entry of the claim on the group register have been met;

(e)specifying a date after which no claim may be added to the group register unless the court gives permission; and

(f)for the entry of any particular claim which meets one or more of the GLO issues on the group register.

(Part 3 contains general provisions about the case management powers of the court)

Removal from the registerE+W

19.14—(1) A party to a claim entered on the group register may apply to the management court for the claim to be removed from the register.

(2) If the management court orders the claim to be removed from the register it may give directions about the future management of the claim.

Test claimsE+W

19.15—(1) Where a direction has been given for a claim on the group register to proceed as a test claim and that claim is settled, the management court may order that another claim on the group register be substituted as the test claim.

(2) Where an order is made under paragraph (1), any order made in the test claim before the date of substitution is binding on the substituted claim unless the court orders otherwise.]

[F191PART 20E+WCOUNTERCLAIMS AND OTHER ADDITIONAL CLAIMS

Textual Amendments

Contents of this Part

Purpose of this PartRule 20.1
Scope and interpretationRule 20.2
Application of these Rules to additional claimsRule 20.3
Defendant’s counterclaim against the claimantRule 20.4
Counterclaim against a person other than the claimantRule 20.5
Defendant’s additional claim for contribution or indemnity from another partyRule 20.6
Procedure for making any other additional claimRule 20.7
Service of claim formRule 20.8
Matters relevant to question of whether an additional claim should be separate from the claimRule 20.9
Effect of service of an additional claimRule 20.10
Special provisions relating to default judgment on an additional claim other than a counterclaim or a contribution or indemnity noticeRule 20.11
Procedural steps on service of an additional claim form on a non-partyRule 20.12
Case management where a defence to an additional claim is filedRule 20.13

Purpose of this PartE+W

20.1.  The purpose of this Part is to enable counterclaims and other additional claims to be managed in the most convenient and effective manner.

Scope and interpretationE+W

20.2.—(1) This Part applies to—

(a)a counterclaim by a defendant against the claimant or against the claimant and some other person;

(b)an additional claim by a defendant against any person (whether or not already a party) for contribution or indemnity or some other remedy; and

(c)where an additional claim has been made against a person who is not already a party, any additional claim made by that person against any other person (whether or not already a party).

(2) In these Rules—

(a)“additional claim” means any claim other than the claim by the claimant against the defendant; and

(b)unless the context requires otherwise, references to a claimant or defendant include a party bringing or defending an additional claim.

Application of these Rules to additional claimsE+W

20.3.—(1) An additional claim shall be treated as if it were a claim for the purposes of these Rules, except as provided by this Part.

(2) The following rules do not apply to additional claims—

(a)rules 7.5 and 7.6 (time within which a claim form may be served);

(b)rule 16.3(5) (statement of value where claim to be issued in the High Court); and

(c)Part 26 (case management - preliminary stage).

(3) Part 12 (default judgment) applies to a counterclaim but not to other additional claims.

(4) Part 14 (admissions) applies to a counterclaim, but only—

(a)rules 14.1(1) and 14.1(2) (which provide that a party may admit the truth of another party’s case in writing); and

(b)rule 14.3 (admission by notice in writing - application for judgment),

apply to other additional claims.

(Rule 12.3(2) sets out how to obtain judgment in default of defence for a counterclaim against the claimant, and rule 20.11 makes special provision for default judgment for some additional claims).

Defendant’s counterclaim against the claimantE+W

20.4.—(1) A defendant may make a counterclaim against a claimant by filing particulars of the counterclaim.

(2) A defendant may make a counterclaim against a claimant—

(a)without the court’s permission if he files it with his defence; or

(b)at any other time with the court’s permission.

(Part 15 makes provision for a defence to a claim and applies to a defence to a counterclaim by virtue of rule 20.3).

(3) Part 10 (acknowledgment of service) does not apply to a claimant who wishes to defend a counterclaim.

Counterclaim against a person other than the claimantE+W

20.5.—(1) A defendant who wishes to counterclaim against a person other than the claimant must apply to the court for an order that that person be added as an additional party.

(2) An application for an order under paragraph (1) may be made without notice unless the court directs otherwise.

(3) Where the court makes an order under paragraph (1), it will give directions as to the management of the case.

Defendant’s additional claim for contribution or indemnity from another partyE+W

20.6.—(1) A defendant who has filed an acknowledgment of service or a defence may make an additional claim for contribution or indemnity against a person who is already a party to the proceedings by—

(a)filing a notice containing a statement of the nature and grounds of his additional claim; and

(b)serving the notice on that party.

(2) A defendant may file and serve a notice under this rule—

(a)without the court’s permission, if he files and serves it—

(i)with his defence; or

(ii)if his additional claim for contribution or indemnity is against a party added to the claim later, within 28 days after that party files his defence; or

(b)at any other time with the court’s permission.

Procedure for making any other additional claimE+W

20.7.—(1) This rule applies to any additional claim except—

(a)a counterclaim only against an existing party; and

(b)a claim for contribution or indemnity made in accordance with rule 20.6.

(2) An additional claim is made when the court issues the appropriate claim form.

(Rule 7.2(2) provides that a claim form is issued on the date entered on the form by the court)

(3) A defendant may make an additional claim—

(a)without the court’s permission if the additional claim is issued before or at the same time as he files his defence;

(b)at any other time with the court’s permission.

(Rule 15.4 sets out the period for filing a defence).

(4) Particulars of an additional claim must be contained in or served with the additional claim.

(5) An application for permission to make an additional claim may be made without notice, unless the court directs otherwise.

Service of claim formE+W

20.8.—(1) Where an additional claim may be made without the court’s permission, any claim form must—

(a)in the case of a counterclaim against an additional party only, be served on every other party when a copy of the defence is served;

(b)in the case of any other additional claim, be served on the person against whom it is made within 14 days after the date on which the additional claim is issued by the court.

(2) Paragraph (1) does not apply to a claim for contribution or indemnity made in accordance with rule 20.6.

(3) Where the court gives permission to make an additional claim it will at the same time give directions as to its service.

Matters relevant to question of whether an additional claim should be separate from the claimE+W

20.9.—(1) This rule applies where the court is considering whether to—

(a)permit an additional claim to be made;

(b)dismiss an additional claim; or

(c)require an additional claim to be dealt with separately from the claim by the claimant against the defendant.

(Rule 3.1(2)(e) and (j) deal respectively with the court’s power to order that part of proceedings be dealt with as separate proceedings and to decide the order in which issues are to be tried).

(2) The matters to which the court may have regard include—

(a)the connection between the additional claim and the claim made by the claimant against the defendant;

(b)whether the additional claimant is seeking substantially the same remedy which some other party is claiming from him; and

(c)whether the additional claimant wants the court to decide any question connected with the subject matter of the proceedings—

(i)not only between existing parties but also between existing parties and a person not already a party; or

(ii)against an existing party not only in a capacity in which he is already a party but also in some further capacity.

Effect of service of an additional claimE+W

20.10.—(1) A person on whom an additional claim is served becomes a party to the proceedings if he is not a party already.

(2) When an additional claim is served on an existing party for the purpose of requiring the court to decide a question against that party in a further capacity, that party also becomes a party in the further capacity specified in the additional claim.

Special provisions relating to default judgment on an additional claim other than a counterclaim or a contribution or indemnity noticeE+W

20.11.—(1) This rule applies if—

(a)the additional claim is not—

(i)a counterclaim; or

(ii)a claim by a defendant for contribution or indemnity against another defendant under rule 20.6; and

(b)the party against whom an additional claim is made fails to file an acknowledgment of service or defence in respect of the additional claim.

(2) The party against whom the additional claim is made—

(a)is deemed to admit the additional claim, and is bound by any judgment or decision in the proceedings in so far as it is relevant to any matter arising in the additional claim;

(b)subject to paragraph (3), if default judgment under Part 12 is given against the additional claimant, the additional claimant may obtain judgment in respect of the additional claim by filing a request in the relevant practice form.

(3) An additional claimant may not enter judgment under paragraph (2)(b) without the court’s permission if—

(a)he has not satisfied the default judgment which has been given against him; or

(b)he wishes to obtain judgment for any remedy other than a contribution or indemnity.

(4) An application for the court’s permission under paragraph (3) may be made without notice unless the court directs otherwise.

(5) The court may at any time set aside or vary a judgment entered under paragraph (2)(b).

Procedural steps on service of an additional claim form on a non-partyE+W

20.12.—(1) Where an additional claim form is served on a person who is not already a party it must be accompanied by—

(a)a form for defending the claim;

(b)a form for admitting the claim;

(c)a form for acknowledging service; and

(d)a copy of—

(i)every statement of case which has already been served in the proceedings; and

(ii)such other documents as the court may direct.

(2) A copy of the additional claim form must be served on every existing party.

Case management where a defence to an additional claim is filedE+W

20.13.—(1) Where a defence is filed to an additional claim the court must consider the future conduct of the proceedings and give appropriate directions.

(2) In giving directions under paragraph (1) the court must ensure that, so far as practicable, the original claim and all additional claims are managed together.

(CCR Order 42, in Schedule 2, makes provision for an additional claim against the Crown where the Crown is not a party).]

[F192PART 21E+WCHILDREN AND PROTECTED PARTIES

Textual Amendments

Contents of this Part

Scope of this PartRule 21.1
Requirement for a litigation friend in proceedings by or against children and protected partiesRule 21.2
Stage of proceedings at which a litigation friend becomes necessaryRule 21.3
Who may be a litigation friend without a court orderRule 21.4
How a person becomes a litigation friend without a court orderRule 21.5
How a person becomes a litigation friend by court orderRule 21.6
Court’s power to change a litigation friend and to prevent a person acting as a litigation friendRule 21.7
Appointment of a litigation friend by court order- supplementaryRule 21.8
Procedure where appointment of a litigation friend ceasesRule 21.9
Compromise etc. by or on behalf of a child or protected partyRule 21.10
Control of money recovered by or on behalf of a child or protected partyRule 21.11
Expenses incurred by a litigation friendRule 21.12
Appointment of a guardian of a child’s estateRule 21.13

Scope of this PartE+W

21.1.—(1) This Part—

(a)contains special provisions which apply in proceedings involving children and protected parties;

(b)sets out how a person becomes a litigation friend; and

(c)does not apply to proceedings under Part 75 where one of the parties to the proceedings is a child.

(2) In this Part—

(a)‘the 2005 Act’ means the Mental Capacity Act 2005;

(b)‘child’ means a person under 18;

(c)‘lacks capacity’ means lacks capacity within the meaning of the 2005 Act;

(d)‘protected party’ means a party, or an intended party, who lacks capacity to conduct the proceedings;

(e)‘protected beneficiary’ means a protected party who lacks capacity to manage and control any money recovered by him or on his behalf or for his benefit in the proceedings.

(Rule 6.6 contains provisions about the service of documents on children and protected parties.)

(Rule 48.5 deals with costs where money is payable by or to a child or protected party.)

Requirement for a litigation friend in proceedings by or against children and protected partiesE+W

21.2.—(1) A protected party must have a litigation friend to conduct proceedings on his behalf.

(2) A child must have a litigation friend to conduct proceedings on his behalf unless the court makes an order under paragraph (3).

(3) The court may make an order permitting a child to conduct proceedings without a litigation friend.

(4) An application for an order under paragraph (3)—

(a)may be made by the child;

(b)if the child already has a litigation friend, must be made on notice to the litigation friend; and

(c)if the child has no litigation friend, may be made without notice.

(5) Where—

(a)the court has made an order under paragraph (3); and

(b)it subsequently appears to the court that it is desirable for a litigation friend to conduct the proceedings on behalf of the child,

the court may appoint a person to be the child’s litigation friend.

Stage of proceedings at which a litigation friend becomes necessaryE+W

21.3.—(1) This rule does not apply where the court has made an order under rule 21.2(3).

(2) A person may not, without the permission of the court—

(a)make an application against a child or protected party before proceedings have started; or

(b)take any step in proceedings except—

(i)issuing and serving a claim form; or

(ii)applying for the appointment of a litigation friend under rule 21.6,

until the child or protected party has a litigation friend.

(3) If during proceedings a party lacks capacity to continue to conduct proceedings, no party may take any further step in the proceedings without the permission of the court until the protected party has a litigation friend.

(4) Any step taken before a child or protected party has a litigation friend has no effect unless the court orders otherwise.

Who may be a litigation friend without a court orderE+W

21.4.—(1) This rule does not apply if the court has appointed a person to be a litigation friend.

(2) A deputy appointed by the Court of Protection under the 2005 Act with power to conduct proceedings on the protected party’s behalf is entitled to be the litigation friend of the protected party in any proceedings to which his power extends.

(3) If nobody has been appointed by the court or, in the case of a protected party, has been appointed as a deputy as set out in paragraph (2), a person may act as a litigation friend if he—

(a)can fairly and competently conduct proceedings on behalf of the child or protected party;

(b)has no interest adverse to that of the child or protected party; and

(c)where the child or protected party is a claimant, undertakes to pay any costs which the child or protected party may be ordered to pay in relation to the proceedings, subject to any right he may have to be repaid from the assets of the child or protected party.

How a person becomes a litigation friend without a court orderE+W

21.5.—(1) If the court has not appointed a litigation friend, a person who wishes to act as a litigation friend must follow the procedure set out in this rule.

(2) A deputy appointed by the Court of Protection under the 2005 Act with power to conduct proceedings on the protected party’s behalf must file an official copy(GL) of the order of the Court of Protection which confers his power to act either—

(a)where the deputy is to act as a litigation friend for a claimant, at the time the claim is made; or

(b)where the deputy is to act as a litigation friend for a defendant, at the time when he first takes a step in the proceedings on behalf of the defendant.

(3) Any other person must file a certificate of suitability stating that he satisfies the conditions specified in rule 21.4(3) either—

(a)where the person is to act as a litigation friend for a claimant, at the time when the claim is made; or

(b)where the person is to act as a litigation friend for a defendant, at the time when he first takes a step in the proceedings on behalf of the defendant.

(4) The litigation friend must—

(a)serve the certificate of suitability on every person on whom, in accordance with rule 6.6 (service on a parent, guardian etc.), the claim form should be served; and

(b)file a certificate of service when he files the certificate of suitability.

(Rule 6.10 sets out the details to be contained in a certificate of service.)

How a person becomes a litigation friend by court orderE+W

21.6.—(1) The court may make an order appointing a litigation friend.

(2) An application for an order appointing a litigation friend may be made by—

(a)a person who wishes to be the litigation friend; or

(b)a party.

(3) Where—

(a)a person makes a claim against a child or protected party;

(b)the child or protected party has no litigation friend;

(c)the court has not made an order under rule 21.2(3) (order that a child can conduct proceedings without a litigation friend); and

(d)either—

(i)someone who is not entitled to be a litigation friend files a defence; or

(ii)the claimant wishes to take some step in the proceedings,

the claimant must apply to the court for an order appointing a litigation friend for the child or protected party.

(4) An application for an order appointing a litigation friend must be supported by evidence.

(5) The court may not appoint a litigation friend under this rule unless it is satisfied that the person to be appointed satisfies the conditions in rule 21.4(3).

Court’s power to change a litigation friend and to prevent person acting as a litigation friendE+W

21.7.—(1) The court may—

(a)direct that a person may not act as a litigation friend;

(b)terminate a litigation friend’s appointment; or

(c)appoint a new litigation friend in substitution for an existing one.

(2) An application for an order under paragraph (1) must be supported by evidence.

(3) The court may not appoint a litigation friend under this rule unless it is satisfied that the person to be appointed satisfies the conditions in rule 21.4(3).

Appointment of a litigation friend by court order – supplementaryE+W

21.8.—(1) An application for an order under rule 21.6 or 21.7 must be served on every person on whom, in accordance with rule 6.6 (service on parent, guardian etc.), the claim form must be served.

(2) Where an application for an order under rule 21.6 is in respect of a protected party, the application must also be served on the protected party unless the court orders otherwise.

(3) An application for an order under rule 21.7 must also be served on—

(a)the person who is the litigation friend, or who is purporting to act as the litigation friend, when the application is made; and

(b)the person who it is proposed should be the litigation friend, if he is not the applicant.

(4) On an application for an order under rule 21.6 or 21.7, the court may appoint the person proposed or any other person who satisfies the conditions specified in rule 21.4(3).

Procedure where appointment of a litigation friend ceasesE+W

21.9.—(1) When a child who is not a protected party reaches the age of 18, the litigation friend’s appointment ceases.

(2) Where a protected party regains or acquires capacity to conduct the proceedings, the litigation friend’s appointment continues until it is ended by court order.

(3) An application for an order under paragraph (2) may be made by—

(a)the former protected party;

(b)the litigation friend; or

(c)a party.

(4) The child or protected party in respect of whom the appointment to act has ceased must serve notice on the other parties—

(a)stating that the appointment of his litigation friend to act has ceased;

(b)giving his address for service; and

(c)stating whether or not he intends to carry on the proceedings.

(5) If the child or protected party does not serve the notice required by paragraph (4) within 28 days after the day on which the appointment of the litigation friend ceases the court may, on application, strike out(GL) any claim brought by or defence raised by the child or protected party.

(6) The liability of a litigation friend for costs continues until—

(a)the person in respect of whom his appointment to act has ceased serves the notice referred to in paragraph (4); or

(b)the litigation friend serves notice on the parties that his appointment to act has ceased.

Compromise etc. by or on behalf of a child or protected partyE+W

21.10.—(1) Where a claim is made—

(a)by or on behalf of a child or protected party; or

(b)against a child or protected party,

no settlement, compromise or payment (including any voluntary interim payment) and no acceptance of money paid into court shall be valid, so far as it relates to the claim by, on behalf of or against the child or protected party, without the approval of the court.

(2) Where—

(a)before proceedings in which a claim is made by or on behalf of, or against, a child or protected party (whether alone or with any other person) are begun, an agreement is reached for the settlement of the claim; and

(b)the sole purpose of proceedings is to obtain the approval of the court to a settlement or compromise of the claim,

the claim must—

(i)be made using the procedure set out in Part 8 (alternative procedure for claims); and

(ii)include a request to the court for approval of the settlement or compromise.

(3) In proceedings to which Section II of Part 45 applies, the court will not make an order for detailed assessment of the costs payable to the child or protected party but will assess the costs in the manner set out in that Section.

(Rule 48.5 contains provisions about costs where money is payable to a child or protected party.)

Control of money recovered by or on behalf of a child or protected partyE+W

21.11.—(1) Where in any proceedings—

(a)money is recovered by or on behalf of or for the benefit of a child or protected party; or

(b)money paid into court is accepted by or on behalf of a child or protected party,

the money will be dealt with in accordance with directions given by the court under this rule and not otherwise.

(2) Directions given under this rule may provide that the money shall be wholly or partly paid into court and invested or otherwise dealt with.

(3) Where money is recovered by or on behalf of a protected party or money paid into court is accepted by or on behalf of a protected party, before giving directions in accordance with this rule, the court will first consider whether the protected party is a protected beneficiary.

Expenses incurred by a litigation friendE+W

21.12.—(1) In proceedings to which rule 21.11 applies, a litigation friend who incurs expenses on behalf of a child or protected party in any proceedings is entitled on application to recover the amount paid or payable out of any money recovered or paid into court to the extent that it—

(a)has been reasonably incurred; and

(b)is reasonable in amount.

(2) Expenses may include all or part of—

(a)an insurance premium, as defined by rule 43.2(1)(m); or

(b)interest on a loan taken out to pay an insurance premium or other recoverable disbursement.

(3) No application may be made under the rule for expenses that —

(a)are of a type that may be recoverable on an assessment of costs payable by or out of money belonging to a child or protected party; but

(b)are disallowed in whole or in part on such an assessment.

(Expenses which are also ‘costs’ as defined in rule 43.2(1)(a) are dealt with under rule 48.5(2).)

(4) In deciding whether the expenses were reasonably incurred and reasonable in amount, the court will have regard to all the circumstances of the case including the factors set out in rule 44.5(3).

(5) When the court is considering the factors to be taken into account in assessing the reasonableness of the expenses, it will have regard to the facts and circumstances as they reasonably appeared to the litigation friend or to the child’s or protected party’s legal representative when the expense was incurred.

(6) Where the claim is settled or compromised, or judgment is given, on terms that an amount not exceeding £5,000 is paid to the child or protected party, the total amount the litigation friend may recover under paragraph (1) must not exceed 25% of the sum so agreed or awarded, unless the court directs otherwise. Such total amount must not exceed 50% of the sum so agreed or awarded.

Appointment of a guardian of a child’s estateE+W

21.13.—(1) The court may appoint the Official Solicitor to be a guardian of a child’s estate where—

(a)money is paid into court on behalf of the child in accordance with directions given under rule 21.11 (control of money received by a child or protected party);

(b)the Criminal Injuries Compensation Authority notifies the court that it has made or intends to make an award to the child;

(c)a court or tribunal outside England and Wales notifies the court that it has ordered or intends to order that money be paid to the child;

(d)the child is absolutely entitled to the proceeds of a pension fund; or

(e)in any other case, such an appointment seems desirable to the court.

(2) The court may not appoint the Official Solicitor under this rule unless—

(a)the persons with parental responsibility (within the meaning of section 3 of the Children Act 1989) agree; or

(b)the court considers that their agreement can be dispensed with.

(3) The Official Solicitor’s appointment may continue only until the child reaches 18.]

PART 22E+WSTATEMENTS OF TRUTH

Contents of this Part

Documents to be verified by a statement of truthRule 22.1
Failure to verify a statement of caseRule 22.2
Failure to verify a witness statementRule 22.3
Power of the court to require a document to be verifiedRule 22.4

Documents to be verified by a statement of truthE+W

22.1—[F193(1) The following documents must be verified by a statement of truth—

(a)a statement of case;

(b)a response complying with an order under rule 18.1 to provide further information;

(c)a witness statement;

(d)an acknowledgement of service in a claim begun by way of the Part 8 procedure; F194...

(e)a certificate stating the reasons for bringing a possession claim or a landlord and tenant claim in the High Court in accordance with rules 55.3(2) and 56.2(2); F195...

[F196(f)a certificate of service; and

(g)any other document where a rule or practice direction requires.]]

(2) Where a statement of case is amended, the amendments must be verified by a statement of truth unless the court orders otherwise.

(Part 17 provides for amendments to statements of case)

(3) If an applicant wishes to rely on matters set out in his application notice as evidence, the application notice must be verified by a statement of truth.

(4) Subject to paragraph (5), a statement of truth is a statement that—

(a)the party putting forward the document; F197...

(b)in the case of a witness statement, the maker of the witness statementF198... [F199; or

(c)in the case of a certificate of service, the person who signs the certificate,]

believes the facts stated in the document are true.

(5) If a party is conducting proceedings with a litigation friend, the statement of truth in—

(a)a statement of case;

(b)a response; or

(c)an application notice,

  • is a statement that the litigation friend believes the facts stated in the document being verified are true.

(6) The statement of truth must be signed by—

(a)in the case of a statement of case, a response or an application—

(i)the party or litigation friend; or

(ii)the legal representative on behalf of the party or litigation friend; and

(b)in the case of a witness statement, the maker of the statement.

(7) A statement of truth which is not contained in the document which it verifies, must clearly identify that document.

(8) A statement of truth in a statement of case may be made by—

(a)a person who is not a party; or

(b)by two parties jointly,

  • where this is permitted by a relevant practice direction.

Textual Amendments

Commencement Information

I127Rule 22.1 in force at 26.4.1999, see Signature

Failure to verify a statement of caseE+W

22.2—(1) If a party fails to verify his statement of case by a statement of truth—

(a)the statement of case shall remain effective unless struck out; but

(b)the party may not rely on the statement of case as evidence of any of the matters set out in it.

(2) The court may strike out(GL) a statement of case which is not verified by a statement of truth.

(3) Any party may apply for an order under paragraph (2).

Commencement Information

I128Rule 22.2 in force at 26.4.1999, see Signature

Failure to verify a witness statementE+W

22.3  If the maker of a witness statement fails to verify the witness statement by a statement of truth the court may direct that it shall not be admissible as evidence.

Commencement Information

I129Rule 22.3 in force at 26.4.1999, see Signature

Power of the court to require a document to be verifiedE+W

22.4—(1) The court may order a person who has failed to verify a document in accordance with rule 22.1 to verify the document.

(2) Any party may apply for an order under paragraph (1).

Commencement Information

I130Rule 22.4 in force at 26.4.1999, see Signature

PART 23E+WGENERAL RULES ABOUT APPLICATIONS FOR COURT ORDERS

Contents of this Part

Meaning of “application notice” and “respondent”Rule 23.1
Where to make an applicationRule 23.2
Application notice to be filedRule 23.3
Notice of an applicationRule 23.4
Time when an application is madeRule 23.5
What an application notice must includeRule 23.6
Service of a copy of an application noticeRule 23.7
Applications which may be dealt with without a hearingRule 23.8
Service of application where application made without noticeRule 23.9
Application to set aside or vary order made without noticeRule 23.10
Power of the court to proceed in the absence of a partyRule 23.11

Meaning of “application notice” and “respondent”E+W

23.1  In this Part—

“application notice” means a document in which the applicant states his intention to seek a court order; and

“respondent” means—

(a)

the person against whom the order is sought; and

(b)

such other person as the court may direct.

Commencement Information

I131Rule 23.1 in force at 26.4.1999, see Signature

Where to make an applicationE+W

23.2—(1) The general rule is that an application must be made to the court where the claim was started.

(2) If a claim has been transferred to another court since it was started, an application must be made to the court to which the claim has been transferred.

(3) If the parties have been notified of a fixed date for the trial, an application must be made to the court where the trial is to take place.

(4) If an application is made before a claim has been started, it must be made to the court where it is likely that the claim to which the application relates will be started unless there is good reason to make the application to a different court.

(5) If an application is made after proceedings to enforce judgment have begun, it must be made to any court which is dealing with the enforcement of the judgment unless any rule or practice direction provides otherwise.

Commencement Information

I132Rule 23.2 in force at 26.4.1999, see Signature

Application notice to be filedE+W

23.3—(1) The general rule is that an applicant must file an application notice.

(2) An applicant may make an application without filing an application notice if—

(a)this is permitted by a rule or practice direction; or

(b)the court dispenses with the requirement for an application notice.

Commencement Information

I133Rule 23.3 in force at 26.4.1999, see Signature

Notice of an applicationE+W

23.4—(1) The general rule is that a copy of the application notice must be served on each respondent.

(2) An application may be made without serving a copy of the application notice if this is permitted by—

(a)a rule;

(b)a practice direction; or

(c)a court order.

(Rule 23.7 deals with service of a copy of the application notice)

Commencement Information

I134Rule 23.4 in force at 26.4.1999, see Signature

Time when an application is madeE+W

23.5  Where an application must be made within a specified time, it is so made if the application notice is received by the court within that time.

Commencement Information

I135Rule 23.5 in force at 26.4.1999, see Signature

What an application notice must includeE+W

23.6  An application notice must state—

(a)what order the applicant is seeking; and

(b)briefly, why the applicant is seeking the order.

(Part 22 requires an application notice to be verified by a statement of truth if the applicant wishes to rely on matters set out in his application notice as evidence)

Commencement Information

I136Rule 23.6 in force at 26.4.1999, see Signature

Service of a copy of an application noticeE+W

23.7—(1) A copy of the application notice—

(a)must be served as soon as practicable after it is filed; and

(b)except where another time limit is specified in these Rules or a practice direction, must in any event be served at least 3 days before the court is to deal with the application.

(2) If a copy of the application notice is to be served by the court, the applicant must, when he files the application notice, file a copy of any written evidence in support.

(3) When a copy of an application notice is served it must be accompanied by—

(a)a copy of any written evidence in support; and

(b)a copy of any draft order which the applicant has attached to his application.

(4) If—

(a)an application notice is served; but

(b)the period of notice is shorter than the period required by these Rules or a practice direction,

the court may direct that, in the circumstances of the case, sufficient notice has been given and hear the application.

(5) This rule does not require written evidence—

(a)to be filed if it has already been filed; or

(b)to be served on a party on whom it has already been served.

(Part 6 contains the general rules about service of documents including who must serve a copy of the application notice)

Commencement Information

I137Rule 23.7 in force at 26.4.1999, see Signature

Applications which may be dealt with without a hearingE+W

23.8  The court may deal with an application without a hearing if—

(a)the parties agree as to the terms of the order sought;

(b)the parties agree that the court should dispose of the application without a hearing, or

(c)the court does not consider that a hearing would be appropriate.

Commencement Information

I138Rule 23.8 in force at 26.4.1999, see Signature

Service of application where application made without noticeE+W

23.9—(1) This rule applies where the court has disposed of an application which it permitted to be made without service of a copy of the application notice.

(2) Where the court makes an order, whether granting or dismissing the application, a copy of the application notice and any evidence in support must, unless the court orders otherwise, be served with the order on any party or other person—

(a)against whom the order was made; and

(b)against whom the order was sought.

(3) The order must contain a statement of the right to make an application to set aside(GL) or vary the order under rule 23.10.

Commencement Information

I139Rule 23.9 in force at 26.4.1999, see Signature

Application to set aside or vary order made without noticeE+W

23.10—[F200(1) A person who was not served with a copy of the application notice before an order was made under rule 23.9 may apply to have the order set aside (gl) or varied.]

(2) An application under this rule must be made within 7 days after the date on which the order was served on the person making the application.

Textual Amendments

Commencement Information

I140Rule 23.10 in force at 26.4.1999, see Signature

Power of the court to proceed in the absence of a partyE+W

23.11—(1) Where the applicant or any respondent fails to attend the hearing of an application, the court may proceed in his absence.

(2) Where—

(a)the applicant or any respondent fails to attend the hearing of an application; and

(b)the court makes an order at the hearing,

the court may, on application or of its own initiative, re-list the application.

(Part 40 deals with service of orders)

Commencement Information

I141Rule 23.11 in force at 26.4.1999, see Signature

[F201Dismissal of totally without merit applicationsE+W

23.12.  If the court dismisses an application [F202(including an application for permission to appeal or for permission to apply for judicial review)] and it considers that the application is totally without merit—

(a)the court’s order must record that fact; and

(b)the court must at the same time consider whether it is appropriate to make a civil restraint order.]

Textual Amendments

PART 24E+WSUMMARY JUDGMENT

Contents of this Part

Scope of this PartRule 24.1
Grounds for summary judgmentRule 24.2
Types of proceedings in which summary judgment is availableRule 24.3
ProcedureRule 24.4

Evidence for the purposes of a summary judgment hearing

Rule 24.5
Court’s powers when it determines a summary judgment applicationRule 24.6

Scope of this PartE+W

24.1  This Part sets out a procedure by which the court may decide a claim or a particular issue without a trial.

[F203(Part 53 makes special provision about summary disposal of defamation claims in accordance with the Defamation Act 1996)]

Textual Amendments

Commencement Information

I142Rule 24.1 in force at 26.4.1999, see Signature

Grounds for summary judgmentE+W

24.2  The court may give summary judgment against a claimant or defendant on the whole of a claim or on a particular issue if—

(a)it considers that—

(i)that claimant has no real prospect of succeeding on the claim or issue; or

(ii)that defendant has no real prospect of successfully defending the claim or issue; and

(b)there is no other [F204compelling] reason why the case or issue should be disposed of at a trial.

(Rule 3.4 makes provision for the court to strike out(GL) a statement of case or part of a statement of case if it appears that it discloses no reasonable grounds for bringing or defending a claim)

Textual Amendments

Commencement Information

I143Rule 24.2 in force at 26.4.1999, see Signature

Types of proceedings in which summary judgment is availableE+W

24.3—(1) The court may give summary judgment against a claimant in any type of proceedings.

(2) The court may give summary judgment against a defendant in any type of proceedings except—

[F205(a)proceedings for possession of residential premises against–

(i)a mortgagor; or

(ii)a tenant or person holding over after the end of his tenancy, whose occupancy is protected within the meaning of the Rent Act 1977, or the Housing Act 1988; and]

(b)proceedings for an admiralty claim in rem[F206.]F207...

F208(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I144Rule 24.3 in force at 26.4.1999, see Signature

ProcedureE+W

24.4—(1) A claimant may not apply for summary judgment until the defendant against whom the application is made has filed—

(a)an acknowledgement of service; or

(b)a defence,

  • unless—

    (i)

    the court gives permission; or

    (ii)

    a practice direction provides otherwise.

[F209(1A) In civil proceedings against the Crown, as defined in rule 66.1(2), a claimant may not apply for summary judgment until after expiry of the period for filing a defence specified in rule 15.4.]

(Rule 10.3 sets out the period for filing an acknowledgment of service and rule 15.4 the period for filing a defence)

(2) If a claimant applies for summary judgment before a defendant against whom the application is made has filed a defence, that defendant need not file a defence before the hearing.

(3) Where a summary judgment hearing is fixed, the respondent (or the parties where the hearing is fixed of the court’s own initiative) must be given at least 14 days' notice of—

(a)the date fixed for the hearing; and

(b)the issues which it is proposed that the court will decide at the hearing.

[F210(4) A practice direction may provide for a different period of notice to be given.]

(Part 23 contains the general rules about how to make an application)

(Rule 3.3 applies where the court exercises its powers of its own initiative)

Textual Amendments

Commencement Information

I145Rule 24.4 in force at 26.4.1999, see Signature

Evidence for the purposes of a summary judgment hearingE+W

24.5—(1) If the respondent to an application for summary judgment wishes to rely on written evidence at the hearing, he must—

(a)file the written evidence; and

(b)serve copies on every other party to the application, at least 7 days before the summary judgment hearing.

(2) If the applicant wishes to rely on written evidence in reply, he must—

(a)file the written evidence; and

(b)serve a copy on the respondent,

at least 3 days before the summary judgment hearing.

(3) Where a summary judgment hearing is fixed by the court of its own initiative—

(a)any party who wishes to rely on written evidence at the hearing must—

(i)file the written evidence; and

(ii)unless the court orders otherwise, serve copies on every other party to the proceedings,

at least 7 days before the date of the hearing;

(b)any party who wishes to rely on written evidence at the hearing in reply to any other party’s written evidence must—

(i)file the written evidence in reply; and

(ii)unless the court orders otherwise serve copies on every other party to the proceedings,

at least 3 days before the date of the hearing.

(4) This rule does not require written evidence—

(a)to be filed if it has already been filed; or

(b)to be served on a party on whom it has already been served.

Commencement Information

I146Rule 24.5 in force at 26.4.1999, see Signature

Court’s powers when it determines a summary judgment applicationE+W

24.6  When the court determines a summary judgment application it may—

(a)give directions as to the filing and service of a defence;

(b)give further directions about the management of the case.

(Rule 3.1(3) provides that the court may attach conditions when it makes an order)

Commencement Information

I147Rule 24.6 in force at 26.4.1999, see Signature

PART 25E+W[F211INTERIM REMEDIES AND SECURITY FOR COSTS]

Textual Amendments

[F212Contents of this Part

I INTERIM REMEDIES

Orders for interim remediesRule 25.1
Time when an order for an interim may be madeRule 25.2
How to apply for an interim remedyRule 25.3
Application for an interim remedy where there is no related claimRule 25.4
Inspection of property before commencement or against a non-partyRule 25.5
Interim payments—general procedureRule 25.6
Interim payments—conditions to be satisfied and matters to be taken into accountRule 25.7
Powers of the court where it has made an order for interim paymentRule 25.8
Restriction on disclosure of an interim paymentRule 25.9
Interim injunction to cease if claim stayedRule 25.10
Interim injunction to cease after 14 days if claim struck outRule 25.11

II SECURITY FOR COSTS

Security for costs

Rule 25.12
Conditions to be satisfiedRule 25.13
Security for costs other than from the claimantRule 25.14
Security for costs of appeal]Rule 25.15

Textual Amendments

[F213I INTERIM REMEDIES] E+W

Textual Amendments

Orders for interim remediesE+W

25.1—(1) The court may grant the following interim remedies—

(a)an interim injunction(GL);

(b)an interim declaration;

(c)an order—

(i)for the detention, custody or preservation of relevant property;

(ii)for the inspection of relevant property;

(iii)for the taking of a sample of relevant property;

(iv)for the carrying out of an experiment on or with relevant property;

(v)for the sale of relevant property which is of a perishable nature or which for any other good reason it is desirable to sell quickly; and

(vi)for the payment of income from relevant property until a claim is decided;

(d)an order authorising a person to enter any land or building in the possession of a party to the proceedings for the purposes of carrying out an order under sub-paragraph (c);

(e)an order under section 4 of the Torts (Interference with Goods) Act 1977(24) to deliver up goods;

(f)an order (referred to as a “freezing injunction(GL)”)—

(i)restraining a party from removing from the jurisdiction assets located there; or

(ii)restraining a party from dealing with any assets whether located within the jurisdiction or not;

(g)an order directing a party to provide information about the location of relevant property or assets or to provide information about relevant property or assets which are or may be the subject of an application for a freezing injunction(GL);

(h)an order (referred to as a “search order”) under section 7 of the Civil Procedure Act 1997(25) (order requiring a party to admit another party to premises for the purpose of preserving evidence etc.);

(i)an order under section 33 of the Supreme Court Act 1981(26) or section 52 of the County Courts Act 1984(27) (order for disclosure of documents or inspection of property before a claim has been made);

(j)an order under section 34 of the Supreme Court Act 1981(28) or section 53 of the County Courts Act 1984(29) (order in certain proceedings for disclosure of documents or inspection of property against a non-party);

(k)an order (referred to as an order for interim payment) under rule 25.6 for payment by a defendant on account of any damages, debt or other sum (except costs) which the court may hold the defendant liable to pay;

(l)an order for a specified fund to be paid into court or otherwise secured, where there is a dispute over a party’s right to the fund;

(m)an order permitting a party seeking to recover personal property to pay money into court pending the outcome of the proceedings and directing that, if he does so, the property shall be given up to him; F214...

(n)an order directing a party to prepare and file accounts relating to the dispute [F215;

(o)an order directing any account to be taken or inquiry to be made by the court] [F216; and

(p)an order under Article 9 of Council Directive (EC) 2004/48 on the enforcement of intellectual property rights (order in intellectual property proceedings making the continuation of an alleged infringement subject to the lodging of guarantees).]

(Rule 34.2 provides for the court to issue a witness summons requiring a witness to produce documents to the court at the hearing or on such date as the court may direct)

(2) In paragraph (1)(c) and (g), “relevant property” means property (including land) which is the subject of a claim or as to which any question may arise on a claim.

(3) The fact that a particular kind of interim remedy is not listed in paragraph (1) does not affect any power that the court may have to grant that remedy.

(4) The court may grant an interim remedy whether or not there has been a claim for a final remedy of that kind.

Textual Amendments

Commencement Information

I148Rule 25.1 in force at 26.4.1999, see Signature

Time when an order for an interim remedy may be madeE+W

25.2—(1) An order for an interim remedy may be made at any time, including—

(a)before proceedings are started; and

(b)after judgment has been given.

(Rule 7.2 provides that proceedings are started when the court issues a claim form)

(2) However—

(a)paragraph (1) is subject to any rule, practice direction or other enactment which provides otherwise;

(b)the court may grant an interim remedy before a claim has been made only if—

(i)the matter is urgent; or

(ii)it is otherwise desirable to do so in the interests of justice; and

(c)unless the court otherwise orders, a defendant may not apply for any of the orders listed in rule 25.1(1) before he has filed either an acknowledgement of service or a defence.

(Part 10 provides for filing an acknowledgment of service and Part 15 for filing a defence)

[F217(3) Where it grants an interim remedy before a claim has been commenced, the court should give directions requiring a claim to be commenced.]

(4) In particular, the court need not direct that a claim be commenced where the application is made under section 33 of the Supreme Court Act 1981 or section 52 of the County Courts Act 1984 (order for disclosure, inspection etc. before commencement of a claim).

Textual Amendments

Commencement Information

I149Rule 25.2 in force at 26.4.1999, see Signature

How to apply for an interim remedyE+W

25.3—(1) The court may grant an interim remedy on an application made without notice if it appears to the court that there are good reasons for not giving notice.

(2) An application for an interim remedy must be supported by evidence, unless the court orders otherwise.

(3) If the applicant makes an application without giving notice, the evidence in support of the application must state the reasons why notice has not been given.

(Part 3 lists general powers of the court)

  • (Part 23 contains general rules about making an application)

Commencement Information

I150Rule 25.3 in force at 26.4.1999, see Signature

Application for an interim remedy where there is no related claimE+W

25.4—(1) This rule applies where a party wishes to apply for an interim remedy but—

(a)the remedy is sought in relation to proceedings which are taking place, or will take place, outside the jurisdiction; or

(b)the application is made under section 33 of the Supreme Court Act 1981 or section 52 of the County Courts Act 1984 (order for disclosure, inspection etc. before commencement) before a claim has been commenced.

(2) An application under this rule must be made in accordance with the general rules about applications contained in Part 23.

(The following provisions are also relevant—

  • Rule 25.5 (inspection of property before commencement or against a non-party)

  • Rule 31.16 (orders for disclosure of documents before proceedings start)

  • Rule 31.17 (orders for disclosure of documents against a person not a party))

Commencement Information

I151Rule 25.4 in force at 26.4.1999, see Signature

Inspection of property before commencement or against a non-partyE+W

25.5—(1) This rule applies where a person makes an application under—

(a)section 33(1) of the Supreme Court Act 1981 or section 52(1) of the County Courts Act 1984 (inspection etc. of property before commencement);

(b)section 34(3) of the Supreme Court Act 1981 or section 53(3) of the County Courts Act 1984 (inspection etc. of property against a non-party).

(2) The evidence in support of such an application must show, if practicable by reference to any statement of case prepared in relation to the proceedings or anticipated proceedings, that the property—

(a)is or may become the subject matter of such proceedings; or

(b)is relevant to the issues that will arise in relation to such proceedings.

(3) A copy of the application notice and a copy of the evidence in support must be served on—

(a)the person against whom the order is sought; and

(b)in relation to an application under section 34(3) of the Supreme Court Act 1981 or section 53(3) of the County Courts Act 1984, every party to the proceedings other than the applicant.

Commencement Information

I152Rule 25.5 in force at 26.4.1999, see Signature

Interim payments—general procedureE+W

25.6—(1) The claimant may not apply for an order for an interim payment before the end of the period for filing an acknowledgement of service applicable to the defendant against whom the application is made.

(Rule 10.3 sets out the period for filing an acknowledgement of service)

  • (Rule 25.1(1)(k) defines an interim payment)

(2) The claimant may make more than one application for an order for an interim payment.

(3) A copy of an application notice for an order for an interim payment must—

(a)be served at least 14 days before the hearing of the application; and

(b)be supported by evidence.

(4) If the respondent to an application for an order for an interim payment wishes to rely on written evidence at the hearing, he must—

(a)file the written evidence; and

(b)serve copies on every other party to the application,

at least 7 days before the hearing of the application.

(5) If the applicant wishes to rely on written evidence in reply, he must—

(a)file the written evidence; and

(b)serve a copy on the respondent,

  • at least 3 days before the hearing of the application.

(6) This rule does not require written evidence—

(a)to be filed if it has already been filed; or

(b)to be served on a party on whom it has already been served.

(7) The court may order an interim payment in one sum or in instalments.

(Part 23 contains general rules about applications)

Commencement Information

I153Rule 25.6 in force at 26.4.1999, see Signature

Interim payments—conditions to be satisfied and matters to be taken into accountE+W

25.7—[F218(1) The court may only make an order for an interim payment where any of the following conditions are satisfied—

(a)the defendant against whom the order is sought has admitted liability to pay damages or some other sum of money to the claimant;

(b)the claimant has obtained judgment against that defendant for damages to be assessed or for a sum of money (other than costs) to be assessed;

(c)it is satisfied that, if the claim went to trial, the claimant would obtain judgment for a substantial amount of money (other than costs) against the defendant from whom he is seeking an order for an interim payment whether or not that defendant is the only defendant or one of a number of defendants to the claim;

(d)the following conditions are satisfied—

(i)the claimant is seeking an order for possession of land (whether or not any other order is also sought); and

(ii)the court is satisfied that, if the case went to trial, the defendant would be held liable (even if the claim for possession fails) to pay the claimant a sum of money for the defendant’s occupation and use of the land while the claim for possession was pending; or

(e)in a claim in which there are two or more defendants and the order is sought against any one or more of those defendants, the following conditions are satisfied—

(i)the court is satisfied that, if the claim went to trial, the claimant would obtain judgment for a substantial amount of money (other than costs) against at least one of the defendants (but the court cannot determine which); and

(ii)all the defendants are either—

(a)a defendant that is insured in respect of the claim;

(b)a defendant whose liability will be met by an insurer under section 151 of the Road Traffic Act 1988 or an insurer acting under the Motor Insurers Bureau Agreement, or the Motor Insurers Bureau where it is acting itself; or

(c)a defendant that is a public body.]

F219(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F220(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The court must not order an interim payment of more than a reasonable proportion of the likely amount of the final judgment.

(5) The court must take into account—

(a)contributory negligence; and

(b)any relevant set-off or counterclaim.

Textual Amendments

Commencement Information

I154Rule 25.7 in force at 26.4.1999, see Signature

Powers of court where it has made an order for interim paymentE+W

25.8—(1) Where a defendant has been ordered to make an interim payment, or has in fact made an interim payment (whether voluntarily or under an order), the court may make an order to adjust the interim payment.

(2) The court may in particular—

(a)order all or part of the interim payment to be repaid;

(b)vary or discharge the order for the interim payment;

(c)order a defendant to reimburse, either wholly or partly, another defendant who has made an interim payment.

(3) The court may make an order under paragraph (2)(c) only if—

(a)the defendant to be reimbursed made the interim payment in relation to a claim in respect of which he has made a claim against the other defendant for a contribution(GL), indemnity(GL) or other remedy; and

(b)where the claim or part to which the interim payment relates has not been discontinued or disposed of, the circumstances are such that the court could make an order for interim payment under rule 25.7.

(4) The court may make an order under this rule without an application by any party if it makes the order when it disposes of the claim or any part of it.

(5) Where—

(a)a defendant has made an interim payment; and

(b)the amount of the payment is more than his total liability under the final judgment or order,

the court may award him interest on the overpaid amount from the date when he made the interim payment.

Commencement Information

I155Rule 25.8 in force at 26.4.1999, see Signature

Restriction on disclosure of an interim paymentE+W

25.9  The fact that a defendant has made an interim payment, whether voluntarily or by court order, shall not be disclosed to the trial judge until all questions of liability and the amount of money to be awarded have been decided unless the defendant agrees.

Commencement Information

I156Rule 25.9 in force at 26.4.1999, see Signature

Interim injunction to cease if claim is stayedE+W

25.10  If—

(a)the court has granted an interim injunction(GL) [F221other than a freezing injunction]; and

(b)the claim is stayed(GL) other than by agreement between the parties, the interim injunction(GL) shall be set aside(GL) unless the court orders that it should continue to have effect even though the claim is stayed.

Textual Amendments

Commencement Information

I157Rule 25.10 in force at 26.4.1999, see Signature

[F222Interim injunction to cease after 14 days if claim struck outE+W

25.11—(1) If–

(a)the court has granted an interim injunction(GL); and

(b)the claim is struck out under rule 3.7 (sanction for non-payment of certain fees),

the interim injunction shall cease to have effect 14 days after the date that the claim is struck out unless paragraph (2) applies.

(2) If the claimant applies to reinstate the claim before the interim injunction ceases to have effect under paragraph (1), the injunction shall continue until the hearing of the application unless the court orders otherwise.]

Textual Amendments

[F223II SECURITY FOR COSTSE+W

Textual Amendments

Security for costsE+W

25.12—(1) A defendant to any claim may apply under this Section of this Part for security for his costs of the proceedings.

(Part 3 provides for the court to order payment of sums into court in other circumstances. Rule 20.3 provides for this Section of this Part to apply to Part 20 claims)

(2) An application for security for costs must be supported by written evidence.

(3) Where the court makes an order for security for costs, it will—

(a)determine the amount of security; and

(b)direct—

(i)the manner in which; and

(ii)the time within which

the security must be given.

Modifications etc. (not altering text)

Conditions to be satisfiedE+W

25.13—(1) The court may make an order for security for costs under rule 25.12 if—

(a)it is satisfied, having regard to all the circumstances of the case, that it is just to make such an order; and

(b)(i)one or more of the conditions in paragraph (2) applies, or

(ii)an enactment permits the court to require security for costs.

(2) The conditions are—

[F224(a)the claimant is—

(i)resident out of the jurisdiction; but

(ii)not resident in a Brussels Contracting State, a Lugano Contracting State or a Regulation State, as defined in section 1(3) of the Civil Jurisdiction and Judgments Act 1982;]

F225(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)the claimant is a company or other body (whether incorporated inside or outside Great Britain) and there is reason to believe that it will be unable to pay the defendant’s costs if ordered to do so;

(d)the claimant has changed his address since the claim was commenced with a view to evading the consequences of the litigation;

(e)the claimant failed to give his address in the claim form, or gave an incorrect address in that form;

(f)the claimant is acting as a nominal claimant, other than as a representative claimant under Part 19, and there is reason to believe that he will be unable to pay the defendant’s costs if ordered to do so;

(g)the claimant has taken steps in relation to his assets that would make it difficult to enforce an order for costs against him.

(Rule 3.4 allows the court to strike out a statement of case and Part 24 for it to give summary judgment)

Textual Amendments

Modifications etc. (not altering text)

Security for costs other than from the claimantE+W

25.14—(1) The defendant may seek an order against someone other than the claimant, and the court may make an order for security for costs against that person if—

(a)it is satisfied, having regard to all the circumstances of the case, that it is just to make such an order; and

(b)one or more of the conditions in paragraph (2) applies.

(2) The conditions are that the person—

(a)has assigned the right to the claim to the claimant with a view to avoiding the possibility of a costs order being made against him; or

(b)has contributed or agreed to contribute to the claimant’s costs in return for a share of any money or property which the claimant may recover in the proceedings; and

is a person against whom a costs order may be made.

(Rule 48.2 makes provision for costs orders against non-parties)

Modifications etc. (not altering text)

Security for costs of an appealE+W

25.15—(1) The court may order security for costs of an appeal against—

(a)an appellant;

(b)a respondent who also appeals,

on the same grounds as it may order security for costs against a claimant under this Part.

(2) The court may also make an order under paragraph (1) where the appellant, or the respondent who also appeals, is a limited company and there is reason to believe it will be unable to pay the costs of the other parties to the appeal should its appeal be unsuccessful.]

Modifications etc. (not altering text)

PART 26E+WCASE MANAGEMENT—PRELIMINARY STAGE

Contents of this Part

Scope of this PartRule 26.1
Automatic transferRule 26.2
Allocation questionnaireRule 26.3
Stay to allow for settlement of the caseRule 26.4
AllocationRule 26.5
Scope of each trackRule 26.6
General rule for allocationRule 26.7
Matters relevant to allocation to a trackRule 26.8
Notice of allocationRule 26.9
Re-allocationRule 26.10

Scope of this PartE+W

26.1—(1) This Part provides for—

(a)the automatic transfer of some defended cases between courts; and

(b)the allocation of defended cases to case management tracks.

(2) There are three tracks—

(a)the small claims track;

(b)the fast track; and

(c)the multi-track.

(Rule 26.6 sets out the normal scope of each track. Part 27 makes provision for the small claims track. Part 28 makes provision for the fast track. Part 29 makes provision for the multi-track)

Commencement Information

I158Rule 26.1 in force at 26.4.1999, see Signature

Automatic transferE+W

26.2—(1) This rule applies to proceedings where—

(a)the claim is for a specified amount of money;

(b)the claim was commenced in a court which is not the defendant’s home court;

(c)the claim has not been transferred to another defendant’s home court under rule 13.4 (application to set aside(GL) or vary default judgment—procedure) or rule 14.12 (admission—de termination of rate of payment by judge); and

(d)the defendant is an individual.

(2) This rule does not apply where the claim was commenced in a specialist list(GL).

(3) Where this rule applies, the court will transfer the proceedings to the defendant’s home court when a defence is filed, unless paragraph (4) applies.

(Rule 2.3 defines “defendant’s home court”)

(4) Where the claimant notifies the court under rule 15.10 or rule 14.5 that he wishes the proceedings to continue, the court will transfer the proceedings to the defendant’s home court when it receives that notification from the claimant.

(Rule 15.10 deals with a claimant’s notice where the defence is that money claimed has been paid)

(Rule 14.5 sets out the procedure where the defendant admits part of a claim for a specified amount of money)

(5) Where—

(a)the claim is against two or more defendants with different home courts; and

(b)the defendant whose defence is filed first is an individual,

proceedings are to be transferred under this rule to the home court of that defendant.

(6) The time when a claim is automatically transferred under this rule may be varied by a practice direction in respect of claims issued by the Production Centre.

(Rule 7.10 makes provision for the Production Centre)

Commencement Information

I159Rule 26.2 in force at 26.4.1999, see Signature

Allocation questionnaireE+W

26.3—(1) When a defendant files a defence the court will serve an allocation questionnaire on each party unless—

(a)rule 15.10 or rule 14.5 applies; or

(b)the court dispenses with the need for a questionnaire.

(2) Where there are two or more defendants and at least one of them files a defence, the court will serve the allocation questionnaire under paragraph (1)—

(a)when all the defendants have filed a defence; or

(b)when the period for the filing of the last defence has expired,

whichever is the sooner.

(Rule 15.4 specifies the period for filing a defence)

(3) Where proceedings are automatically transferred to the defendant’s home court under rule 26.2, the court in which the proceedings have been commenced will serve an allocation questionnaire before the proceedings are transferred.

(4) Where—

(a)rule 15.10 or rule 14.5 applies; and

(b)the proceedings are not automatically transferred to the defendant’s home court under rule 26.2,

the court will serve an allocation questionnaire on each party when the claimant files a notice indicating that he wishes the proceedings to continue.

(5) The court may, on the application of the claimant, serve an allocation questionnaire earlier than it would otherwise serve it under this rule.

(6) Each party must file the completed allocation questionnaire no later than the date specified in it, which shall be at least 14 days after the date when it is deemed to be served on the party in question.

[F226(6A) The date for filing the completed allocation questionnaire may not be varied by agreement between the parties.]

(7) The time when the court serves an allocation questionnaire under this rule may be varied by a practice direction in respect of claims issued by the Production Centre.

(Rule 7.10 makes provision for the Production Centre)

(Rule 6.7 specifies when a document is deemed to be served)

Textual Amendments

Commencement Information

I160Rule 26.3 in force at 26.4.1999, see Signature

Stay to allow for settlement of the caseE+W

26.4—(1) A party may, when filing the completed allocation questionnaire, make a written request for the proceedings to be stayed(GL) while the parties try to settle the case by alternative dispute resolution(GL) or other means.

(2) Where—

(a)all parties request a stay(GL) under paragraph (1); or

(b)the court, of its own initiative, considers that such a stay would be appropriate,

the court will direct that the proceedings [F227, either in whole or in part,] be stayed for one month [F228, or for such specified period as it considers appropriate.]

(3) The court may extend the stay(GL) until such date or for such specified period as it considers appropriate.

(4) Where the court stays(GL) the proceedings under this rule, the claimant must tell the court if a settlement is reached.

(5) If the claimant does not tell the court by the end of the period of the stay(GL) that a settlement has been reached, the court will give such directions as to the management of the case as it considers appropriate.

Textual Amendments

Commencement Information

I161Rule 26.4 in force at 26.4.1999, see Signature

AllocationE+W

26.5—(1) The court will allocate the claim to a track—

(a)when every defendant has filed an allocation questionnaire, or

(b)when the period for filing the allocation questionnaires has expired,

whichever is the sooner, unless it has—

(i)stayed(GL) the proceedings under rule 26.4; or

(ii)dispensed with the need for allocation questionnaires.

(Rules 12.7 and 14.8 provide for the court to allocate a claim to a track where the claimant obtains default judgment on request or judgment on admission for an amount to be decided by the court)

(2) If the court has stayed(GL) the proceedings under rule 26.4, it will allocate the claim to a track at the end of the period of the stay.

(3) Before deciding the track to which to allocate proceedings or deciding whether to give directions for an allocation hearing to be fixed, the court may order a party to provide further information about his case.

(4) The court may hold an allocation hearing if it thinks it is necessary.

(5) If a party fails to file an allocation questionnaire, the court may give any direction it considers appropriate.

Commencement Information

I162Rule 26.5 in force at 26.4.1999, see Signature

Scope of each trackE+W

26.6—(1) The small claims track is the normal track for—

(a)any claim for personal injuries where—

(i)the financial value of the claim is not more than £5,000; and

(ii)the financial value of any claim for damages for personal injuries is not more than £1,000;

(b)any claim which includes a claim by a tenant of residential premises against his landlord where—

(i)the tenant is seeking an order requiring the landlord to carry out repairs or other work to the premises (whether or not the tenant is also seeking some other remedy);

(ii)the cost of the repairs or other work to the premises is estimated to be not more than £1,000; and

(iii)the financial value of any other claim for damages is not more than £1,000.

(Rule 2.3 defines “claim for personal injuries” as 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)

(2) For the purposes of paragraph (1) “damages for personal injuries” means damages claimed as compensation for pain, suffering and loss of amenity and does not include any other damages which are claimed.

(3) Subject to paragraph (1), the small claims track is the normal track for any claim which has a financial value of not more than £5,000.

(Rule 26.7(4) provides that the court will not allocate to the small claims track certain claims in respect of harassment or unlawful eviction)

(4) Subject to paragraph (5), the fast track is the normal track for any claim—

(a)for which the small claims track is not the normal track; and

(b)which has a financial value of not more than £15,000.

(5) The fast track is the normal track for the claims referred to in paragraph (4) only if the court considers that—

(a)the trial is likely to last for no longer than one day; and

(b)oral expert evidence at trial will be limited to—

(i)one expert per party in relation to any expert field; and

(ii)expert evidence in two expert fields.

(6) The multi-track is the normal track for any claim for which the small claims track or the fast track is not the normal track.

Commencement Information

I163Rule 26.6 in force at 26.4.1999, see Signature

General rule for allocationE+W

26.7—(1) In considering whether to allocate a claim to the normal track for that claim under rule 26.6, the court will have regard to the matters mentioned in rule 26.8(1).

(2) The court will allocate a claim which has no financial value to the track which it considers most suitable having regard to the matters mentioned in rule 26.8(1).

(3) The court will not allocate proceedings to a track if the financial value of [F229the] claim F230..., assessed by the court under rule 26.8, exceeds the limit for that track unless all the parties consent to the allocation of the claim to that track.

(4) The court will not allocate a claim to the small claims track, if it includes a claim by a tenant of residential premises against his landlord for a remedy in respect of harassment or unlawful eviction.

Textual Amendments

Commencement Information

I164Rule 26.7 in force at 26.4.1999, see Signature

Matters relevant to allocation to a trackE+W

26.8—(1) When deciding the track for a claim, the matters to which the court shall have regard include—

(a)the financial value, if any, of the claim;

(b)the nature of the remedy sought;

(c)the likely complexity of the facts, law or evidence;

(d)the number of parties or likely parties;

(e)the value of any counterclaim or other Part 20 claim and the complexity of any matters relating to it;

(f)the amount of oral evidence which may be required;

(g)the importance of the claim to persons who are not parties to the proceedings;

(h)the views expressed by the parties; and

(i)the circumstances of the parties.

(2) It is for the court to assess the financial value of a claim and in doing so it will disregard—

(a)any amount not in dispute;

(b)any claim for interest;

(c)costs; and

(d)any contributory negligence.

(3) Where—

(a)two or more claimants have started a claim against the same defendant using the same claim form; and

(b)each claimant has a claim against the defendant separate from the other claimants,

the court will consider the claim of each claimant separately when it assesses financial value under paragraph (1).

Commencement Information

I165Rule 26.8 in force at 26.4.1999, see Signature

Notice of allocationE+W

26.9—(1) When it has allocated a claim to a track, the court will serve notice of allocation on every party.

(2) When the court serves notice of allocation on a party, it will also serve—

(a)a copy of the allocation questionnaires filed by the other parties; and

(b)a copy of any further information provided by another party about his case (whether by order or not).

(Rule 26.5 provides that the court may, before allocating proceedings, order a party to provide further information about his case)

Commencement Information

I166Rule 26.9 in force at 26.4.1999, see Signature

Re-allocationE+W

26.10  The court may subsequently re-allocate a claim to a different track.

Commencement Information

I167Rule 26.10 in force at 26.4.1999, see Signature

[F231Trial with a juryE+W

26.11  An application for a claim to be tried with a jury must be made within 28 days of service of the defence.

(Section 69 of the Supreme Court Act 1981 and section 66 of the County Courts Act 1984 specify when a claim may be tried with a jury)]

Textual Amendments

PART 27E+WTHE SMALL CLAIMS TRACK

Contents of this Part

Scope of this PartRule 27.1
Extent to which other Parts applyRule 27.2
Court’s power to grant a final remedyRule 27.3
Preparation for the hearingRule 27.4
ExpertsRule 27.5
Preliminary hearingRule 27.6
Power of court to add to, vary or revoke directionsRule 27.7
Conduct of the hearingRule 27.8
Non-attendance of parties at a final hearingRule 27.9
Disposal without a hearingRule 27.10
Setting judgment aside and re-hearingRule 27.11
Right of appeal under Part 27Rule 27.12
Procedure for making an appealRule 27.13
Costs on the small claims trackRule 27.14
Claim re-allocated from the small claims track to another trackRule 27.15

Scope of this PartE+W

27.1—(1) This Part—

(a)sets out the special procedure for dealing with claims which have been allocated to the small claims track under Part 26; and

(b)limits the amount of costs that can be recovered in respect of a claim which has been allocated to the small claims track.

(Rule 27.14 deals with costs on the small claims track)

(2) A claim being dealt with under this Part is called a small claim.

(Rule 26.6 provides for the scope of the small claims track. A claim for a remedy for harassment or unlawful eviction relating, in either case, to residential premises shall not be allocated to the small claims track whatever the financial value of the claim.

Otherwise, the small claims track will be the normal track for—

  • any claim which has a financial value of not more than £5,000 subject to the special provisions about claims for personal injuries and housing disrepair claims;

  • any claim for personal injuries which has a financial value of not more than £5,000 where the claim for damages for personal injuries is not more than £1,000; and

  • any claim which includes a claim by a tenant of residential premises against his landlord for repairs or other work to the premises where the estimated cost of the repairs or other work is not more than £1,000 and the financial value of any claim for damages in respect of those repairs or other work is not more than £1,000)

Commencement Information

I168Rule 27.1 in force at 26.4.1999, see Signature

Extent to which other Parts applyE+W

27.2—(1) The following Parts of these Rules do not apply to small claims—

(a)Part 25 (interim remedies) except as it relates to interim injunctions(GL);

(b)Part 31 (disclosure and inspection);

(c)Part 32 (evidence) except rule 32.1 (power of court to control evidence);

(d)Part 33 (miscellaneous rules about evidence);

(e)Part 35 (experts and assessors) except rules 35.1 (duty to restrict expert evidence), 35.3 (experts—overriding duty to the court) [F232, 35.7 (court’s power to direct that evidence is to be given by single joint expert)] and 35.8 (instructions to a single joint expert);

(f)[F233Subject to paragraph (3),] Part 18 (further information);

(g)Part 36 (offers to settle F234...); and

(h)Part 39 (hearings) except rule 39.2 (general rule—hearing to be in public).

(2) The other Parts of these Rules apply to small claims except to the extent that a rule limits such application.

[F235(3) The court of its own initiative may order a party to provide further information if it considers it appropriate to do so.]

Textual Amendments

Commencement Information

I169Rule 27.2 in force at 26.4.1999, see Signature

Court’s power to grant a final remedyE+W

27.3  The court may grant any final remedy in relation to a small claim which it could grant if the proceedings were on the fast track or the multi-track.

Commencement Information

I170Rule 27.3 in force at 26.4.1999, see Signature

Preparation for the hearingE+W

27.4—(1) After allocation the court will—

(a)give standard directions and fix a date for the final hearing;

(b)give special directions and fix a date for the final hearing;

(c)give special directions and direct that the court will consider what further directions are to be given no later than 28 days after the date the special directions were given;

(d)fix a date for a preliminary hearing under rule 27.6; or

(e)give notice that it proposes to deal with the claim without a hearing under rule 27.10 and invite the parties to notify the court by a specified date if they agree the proposal.

(2) The court will—

(a)give the parties at least 21 days' notice of the date fixed for the final hearing, unless the parties agree to accept less notice; and

(b)inform them of the amount of time allowed for the final hearing.

(3) In this rule

(a)“standard directions” means—

(i)a direction that each party shall, at least 14 days before the date fixed for the final hearing, file and serve on every other party copies of all documents (including any expert’s report) on which he intends to rely at the hearing; and

(ii)any other standard directions set out in the relevant practice direction; and

(b)“special directions” means directions given in addition to or instead of the standard directions.

Commencement Information

I171Rule 27.4 in force at 26.4.1999, see Signature

ExpertsE+W

27.5  No expert may give evidence, whether written or oral, at a hearing without the permission of the court.

(Rule 27.14(3)(d) provides for the payment of an expert’s fees)

Commencement Information

I172Rule 27.5 in force at 26.4.1999, see Signature

Preliminary hearingE+W

27.6—(1) The court may hold a preliminary hearing for the consideration of the claim, but only—

(a)where—

(i)it considers that special directions, as defined in rule 27.4, are needed to ensure a fair hearing; and

(ii)it appears necessary for a party to attend at court to ensure that he understands what he must do to comply with the special directions; or

(b)to enable it to dispose of the claim on the basis that one or other of the parties has no real prospect of success at a final hearing; or

(c)to enable it to strike out(GL) a statement of case or part of a statement of case on the basis that the statement of case, or the part to be struck out, discloses no reasonable grounds for bringing or defending the claim.

(2) When considering whether or not to hold a preliminary hearing, the court must have regard to the desirability of limiting the expense to the parties of attending court.

(3) Where the court decides to hold a preliminary hearing, it will give the parties at least 14 days' notice of the date of the hearing.

(4) The court may treat the preliminary hearing as the final hearing of the claim if all the parties agree.

(5) At or after the preliminary hearing the court will—

(a)fix the date of the final hearing (if it has not been fixed already) and give the parties at least 21 days' notice of the date fixed unless the parties agree to accept less notice;

(b)inform them of the amount of time allowed for the final hearing; and

(c)give any appropriate directions.

Commencement Information

I173Rule 27.6 in force at 26.4.1999, see Signature

Power of court to add to, vary or revoke directionsE+W

27.7  The court may add to, vary or revoke directions.

Commencement Information

I174Rule 27.7 in force at 26.4.1999, see Signature

Conduct of the hearingE+W

27.8—(1) The court may adopt any method of proceeding at a hearing that it considers to be fair.

(2) Hearings will be informal.

(3) The strict rules of evidence do not apply.

(4) The court need not take evidence on oath.

(5) The court may limit cross-examination(GL).

(6) The court must give reasons for its decision.

Commencement Information

I175Rule 27.8 in force at 26.4.1999, see Signature

Non-attendance of parties at a final hearingE+W

27.9—[F236(1) If a party who does not attend a final hearing—

(a)has given written notice to the court and the other party at least 7 days before the hearing date that he will not attend;

(b)has served on the other party at least 7 days before the hearing date any other documents which he has filed with the court; and

(c)has, in his written notice, requested the court to decide the claim in his absence and has confirmed his compliance with paragraphs (a) and (b) above,

the court will take into account that party’s statement of case and any other documents he has filed and served when it decides the claim.]

(2) If a claimant does not—

(a)attend the hearing; and

(b)give the notice referred to in paragraph (1)

the court may strike out(GL) the claim.

(3) If—

(a)a defendant does not

(i)attend the hearing; or

(ii)give the notice referred to in paragraph (1); and

(b)the claimant either—

(i)does attend the hearing; or

(ii)gives the notice referred to in paragraph (1),

the court may decide the claim on the basis of the evidence of the claimant alone.

(4) If neither party attends or gives the notice referred to in paragraph (1), the court may strike out(GL) the claim and any defence and counterclaim.

Textual Amendments

Commencement Information

I176Rule 27.9 in force at 26.4.1999, see Signature

Disposal without a hearingE+W

27.10  The court may, if all parties agree, deal with the claim without a hearing.

Commencement Information

I177Rule 27.10 in force at 26.4.1999, see Signature

Setting judgment aside and re-hearingE+W

27.11—(1) A party—

(a)who was neither present nor represented at the hearing of the claim; and

(b)who has not given written notice to the court under rule 27.9(1),

may apply for an order that a judgment under this Part shall be set aside(GL) and the claim re-heard.

(2) A party who applies for an order setting aside a judgment under this rule must make the application not more than 14 days after the day on which notice of the judgment was served on him.

(3) The court may grant an application under paragraph (2) only if the applicant—

(a)had a good reason for not attending or being represented at the hearing or giving written notice to the court under rule 27.9(1); and

(b)has a reasonable prospect of success at the hearing.

(4) If a judgment is set aside(GL)—

(a)the court must fix a new hearing for the claim; and

(b)the hearing may take place immediately after the hearing of the application to set the judgment aside and may be dealt with by the judge who set aside(GL) the judgment.

(5) A party may not apply to set aside(GL) a judgment under this rule if the court dealt with the claim without a hearing under rule 27.10.

Commencement Information

I178Rule 27.11 in force at 26.4.1999, see Signature

Right of appeal under Part 27E+W

F23727.12  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Procedure for making an appealE+W

F23827.13  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Costs on the small claims trackE+W

27.14—(1) This rule applies to any case which has been allocated to the small claims track unless paragraph (5) applies.

(Rules 44.9 and 44.11 make provision in relation to orders for costs made before a claim has been allocated to the small claims track)

[F239(2) The court may not order a party to pay a sum to another party in respect of that other party’s costs, fees and expenses, including those relating to an appeal, except—

(a)the fixed costs attributable to issuing the claim which—

(i)are payable under Part 45; or

(ii)would be payable under Part 45 if that Part applied to the claim;

(b)in proceedings which included a claim for an injunction or an order for specific performance a sum not exceeding the amount specified in the relevant practice direction for legal advice and assistance relating to that claim;

(c)any court fees paid by that other party;

(d)expenses which a party or witness has reasonably incurred in travelling to and from a hearing or in staying away from home for the purposes of attending a hearing;

(e)a sum not exceeding the amount specified in the relevant practice direction for any loss of earnings or loss of leave by a party or witness due to attending a hearing or to staying away from home for the purposes of attending a hearing;

(f)a sum not exceeding the amount specified in the relevant practice direction for an expert’s fees; and

(g)such further costs as the court may assess by the summary procedure and order to be paid by a party who has behaved unreasonably.]

[F240[F241(3)]  A party’s rejection of an offer in settlement will not of itself constitute unreasonable behaviour under paragraph [F242(2)(g)] but the court may take it into consideration when it is applying the unreasonableness test.

F243...]

F244(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The limits on costs imposed by this rule also apply to any fee or reward for acting on behalf of a party to the proceedings charged by a person exercising a right of audience by virtue of an order under section 11 of the Courts and Legal Services Act 1990(30) (a lay representative).

[F245(5) Where—

(a)the financial value of a claim exceeds the limit for the small claims track; but

(b)the claim has been allocated to the small claims track in accordance with rule 26.7(3),

the small claims track costs provisions will apply unless the parties agree that the fast track costs provisions are to apply.

(6) Where the parties agree that the fast track costs provisions are to apply, the claim [F246and any appeal] will be treated for the purposes of costs as if it were proceeding on the fast track except that trial costs will be in the discretion of the court and will not exceed the amount set out for the value of claim in rule 46.2 (amount of fast track trial costs).]

(Rule 26.7(3) allows the parties to consent to a claim being allocated to a track where the financial value of the claim exceeds the limit for that track)

Textual Amendments

F241Rule 27.14(2A) renumbered as rule 27.14(3) (2.10.2006) by The Civil Procedure (Amendment) Rules 2006 (S.I. 2006/1689), rules 1, 5(c)

F242Word in rule 27.14(3) substituted (2.10.2006) by The Civil Procedure (Amendment) Rules 2006 (S.I. 2006/1689), rules 1, 5(d)

F243Words in rule 27.14 omitted (6.4.2007) by virtue of The Civil Procedure (Amendment No.3) Rules 2006 (S.I. 2006/3435), rules 1, 6(b)

F244Rule 27.14(3) omitted (2.10.2006) by virtue of The Civil Procedure (Amendment) Rules 2006 (S.I. 2006/1689), rules 1, 5(b)

Commencement Information

I179

Rule 27.14 in force at 26.4.1999, see Signature

Claim re-allocated from the small claims track to another trackE+W

27.15  Where a claim is allocated to the small claims track and subsequently re-allocated to another track, rule 27.14 (costs on the small claims track) will cease to apply after the claim has been re-allocated and the fast track or multi-track costs rules will apply from the date of re-allocation.

Commencement Information

I180Rule 27.15 in force at 26.4.1999, see Signature

PART 28E+WTHE FAST TRACK

Contents of this Part

Scope of this PartRule 28.1
General provisionsRule 28.2
DirectionsRule 28.3
Variation of case management timetableRule 28.4
Listing questionnaireRule 28.5
Fixing or confirming the trial date and giving directionsRule 28.6
Conduct of trialRule 28.7

Scope of this PartE+W

28.1  This Part contains general provisions about management of cases allocated to the fast track and applies only to cases allocated to that track.

  • (Part 27 sets out the procedure for claims allocated to the small claims track)

  • (Part 29 sets out the procedure for claims allocated to the multi-track)

Commencement Information

I181Rule 28.1 in force at 26.4.1999, see Signature

General provisionsE+W

28.2—(1) When it allocates a case to the fast track, the court will give directions for the management of the case and set a timetable for the steps to be taken between the giving of the directions and the trial.

(2) When it gives directions, the court will—

(a)fix the trial date; or

(b)fix a period, not exceeding 3 weeks, within which the trial is to take place.

(3) The trial date or trial period will be specified in the notice of allocation.

(4) The standard period between the giving of directions and the trial will be not more than 30 weeks.

(5) The court’s power to award trial costs is limited in accordance with Part 46.

Commencement Information

I182Rule 28.2 in force at 26.4.1999, see Signature

DirectionsE+W

28.3—(1) The matters to be dealt with by directions under rule 28.2(1) include—

(a)disclosure of documents;

(b)service of witness statements; and

(c)expert evidence.

(2) If the court decides not to direct standard disclosure, it may—

(a)direct that no disclosure take place; or

(b)specify the documents or the classes of documents which the parties must disclose.

(Rule 31.6 explains what is meant by standard disclosure)

  • (Rule 26.6(5) deals with limitations in relation to expert evidence and the likely length of trial in fast track cases)

Commencement Information

I183Rule 28.3 in force at 26.4.1999, see Signature

Variation of case management timetableE+W

28.4—(1) A party must apply to the court if he wishes to vary the date which the court has fixed for—

(a)the return of a [F247pre-trial check list] under rule 28.5;

(b)the trial; or

(c)the trial period.

(2) Any date set by the court or these Rules for doing any act may not be varied by the parties if the variation would make it necessary to vary any of the dates mentioned in paragraph (1).

(Rule 2.11 allows the parties to vary a date by written agreement except where the rules provide otherwise or the court orders otherwise)

Textual Amendments

Commencement Information

I184Rule 28.4 in force at 26.4.1999, see Signature

[F248Pre-trial check list (listing questionnaire)E+W

28.5—(1) The court will send the parties a pre-trial check list (listing questionnaire) for completion and return by the date specified in the notice of allocation unless it considers that the claim can proceed to trial without the need for a pre-trial check list.

(2) The date specified for filing a pre-trial check list will not be more than 8 weeks before the trial date or the beginning of the trial period.

[F249(3) If no party files the completed pre-trial checklist by the date specified, the court will order that unless a completed pre-trial checklist is filed within 7 days from service of that order, the claim, defence and any counterclaim will be struck out without further order of the court.]

[F250(4) If—

(a)a party files a completed pre-trial checklist but another party does not;

(b)a party has failed to give all the information requested by the pre-trial checklist; or

(c)the court considers that a hearing is necessary to enable it to decide what directions to give in order to complete preparation of the case for trial,

the court may give such directions as it thinks appropriate.]]

Textual Amendments

Fixing or confirming the trial date and giving directionsE+W

28.6—(1) As soon as practicable after the date specified for filing a completed [F251pre-trial check list] the court will—

(a)fix the date for the trial (or, if it has already done so, confirm that date);

(b)give any directions for the trial, including a trial timetable, which it considers appropriate; and

(c)specify any further steps that need to be taken before trial.

(2) The court will give the parties at least 3 weeks' notice of the date of the trial unless, in exceptional circumstances, the court directs that shorter notice will be given.

Textual Amendments

Commencement Information

I185Rule 28.6 in force at 26.4.1999, see Signature

Conduct of trialE+W

28.7  Unless the trial judge otherwise directs, the trial will be conducted in accordance with any order previously made.

Commencement Information

I186Rule 28.7 in force at 26.4.1999, see Signature

PART 29E+WTHE MULTI-TRACK

Modifications etc. (not altering text)

Contents of this Part

Scope of this PartRule 29.1
Case managementRule 29.2
Case management conference and pre-trial reviewRule 29.3
Steps taken by the partiesRule 29.4
Variation of case management timetableRule 29.5
Listing questionnaireRule 29.6
Pre-trial reviewRule 29.7
Setting a trial timetable and fixing or confirming the trial date or weekRule 29.8
Conduct of the trialRule 29.9

Scope of this PartE+W

29.1  This Part contains general provisions about management of cases allocated to the multi-track and applies only to cases allocated to that track.

  • (Part 27 sets out the procedure for claims allocated to the small claims track)

  • (Part 28 sets out the procedure for claims allocated to the fast track)

Commencement Information

I187Rule 29.1 in force at 26.4.1999, see Signature

Case managementE+W

29.2—(1) When it allocates a case to the multi-track, the court will—

(a)give directions for the management of the case and set a timetable for the steps to be taken between the giving of directions and the trial; or

(b)fix—

(i)a case management conference; or

(ii)a pre-trial review,

or both, and give such other directions relating to the management of the case as it sees fit.

(2) The court will fix the trial date or the period in which the trial is to take place as soon as practicable.

(3) When the court fixes the trial date or the trial period under paragraph (2), it will—

(a)give notice to the parties of the date or period; and

(b)specify the date by which the parties must file a [F252pre-trial check list].

Textual Amendments

Commencement Information

I188Rule 29.2 in force at 26.4.1999, see Signature

Case management conference and pre-trial reviewE+W

29.3—(1) The court may fix—

(a)a case management conference; or

(b)a pre-trial review,

at any time after the claim has been allocated.

(2) If a party has a legal representative, a representative—

(a)familiar with the case; and

(b)with sufficient authority to deal with any issues that are likely to arise, must attend case management conferences and pre-trial reviews.

(Rule 3.1(2)(c) provides that the court may require a party to attend the court)

Commencement Information

I189Rule 29.3 in force at 26.4.1999, see Signature

Steps taken by the partiesE+W

29.4  If—

(a)the parties agree proposals for the management of the proceedings (including a proposed trial date or period in which the trial is to take place); and

(b)the court considers that the proposals are suitable,

it may approve them without a hearing and give directions in the terms proposed.

Commencement Information

I190Rule 29.4 in force at 26.4.1999, see Signature

Variation of case management timetableE+W

29.5—(1) A party must apply to the court if he wishes to vary the date which the court has fixed for—

(a)a case management conference;

(b)a pre-trial review;

(c)the return of a [F253pre-trial check list] under rule 29.6;

(d)the trial; or

(e)the trial period.

(2) Any date set by the court or these Rules for doing any act may not be varied by the parties if the variation would make it necessary to vary any of the dates mentioned in paragraph (1).

(Rule 2.11 allows the parties to vary a date by written agreement except where the rules provide otherwise or the court orders otherwise)

Textual Amendments

Commencement Information

I191Rule 29.5 in force at 26.4.1999, see Signature

[F254Pre-trial check list (listing questionnaire)E+W

29.6—(1) The court will send the parties a pre-trial check list (listing questionnaire) for completion and return by the date specified in directions given under rule 29.2(3) unless it considers that the claim can proceed to trial without the need for a pre-trial check list.

(2) Each party must file the completed pre-trial check list by the date specified by the court.

[F255(3) If no party files the completed pre-trial checklist by the date specified, the court will order that unless a completed pre-trial checklist is filed within 7 days from service of that order, the claim, defence and any counterclaim will be struck out without further order of the court.]

[F256(4) If—

(a)a party files a completed pre-trial checklist but another party does not;

(b)a party has failed to give all the information requested by the pre-trial checklist; or

(c)the court considers that a hearing is necessary to enable it to decide what directions to give in order to complete preparation of the case for trial,

the court may give such directions as it thinks appropriate.]]

Textual Amendments

Pre-trial reviewE+W

29.7  If, on receipt of the parties' [F257pre-trial check lists], the court decides—

(a)to hold a pre-trial review; or

(b)to cancel a pre-trial review which has already been fixed,

it will serve notice of its decision at least 7 days before the date fixed for the hearing or, as the case may be, the cancelled hearing.

Textual Amendments

Commencement Information

I192Rule 29.7 in force at 26.4.1999, see Signature

Setting a trial timetable and fixing or confirming the trial date or weekE+W

29.8  As soon as practicable after—

(a)each party has filed a completed [F258pre-trial check list];

(b)the court has held a listing hearing under rule 29.6(3); or

(c)the court has held a pre-trial review under rule 29.7,

the court will—

(i)set a timetable for the trial unless a timetable has already been fixed, or the court considers that it would be inappropriate to do so;

(ii)fix the date for the trial or the week within which the trial is to begin (or, if it has already done so, confirm that date); and

(iii)notify the parties of the trial timetable (where one is fixed under this rule) and the date or trial period.

Textual Amendments

Commencement Information

I193Rule 29.8 in force at 26.4.1999, see Signature

Conduct of trialE+W

29.9  Unless the trial judge otherwise directs, the trial will be conducted in accordance with any order previously made.

Commencement Information

I194Rule 29.9 in force at 26.4.1999, see Signature

PART 30E+WTRANSFER

Contents of this Part

Scope of this PartRule 30.1
Transfer between county courts and within the High CourtRule 30.2
Criteria for a transfer orderRule 30.3
ProcedureRule 30.4
Transfer between Divisions and to and from a specialist listRule 30.5
Power to specify place where hearings are to be heldRule 30.6
Transfer of control of money in courtRule 30.7
Certiorari or prohibitionRule 30.8

Scope of this PartE+W

30.1—[F259(1)] This Part deals with the transfer of proceedings between county courts, between the High Court and the county courts and within the High Court.

(Rule 26.2 provides for automatic transfer in certain cases)

[F260(2) The practice direction may make provision about the transfer of proceedings between the court and a tribunal.]

Textual Amendments

F259Rule 30.1 renumbered as rule 30.1(1) (6.10.2003) by The Civil Procedure (Amendment No. 4) Rules 2003 (S.I. 2003/2113), rules 1(c), 5(a)

Commencement Information

I195Rule 30.1 in force at 26.4.1999, see Signature

Transfer between county courts and within the High CourtE+W

30.2—(1) A county court may order proceedings before that court, or any part of them (such as a counterclaim or an application made in the proceedings), to be transferred to another county court if it is satisfied that—

(a)an order should be made having regard to the criteria in rule 30.3; or

(b)proceedings for

(i)the detailed assessment of costs; or

(ii)the enforcement of a judgment or order,

could be more conveniently or fairly taken in that other county court.

(2) If proceedings have been started in the wrong county court, a judge of the county court may order that the proceedings—

(a)be transferred to the county court in which they ought to have been started;

(b)continue in the county court in which they have been started; or

(c)be struck out.

(3) An application for an order under paragraph (1) or (2) must be made to the county court where the claim is proceeding.

(4) The High Court may, having regard to the criteria in rule 30.3, order proceedings in the Royal Courts of Justice or a district registry, or any part of such proceedings (such as a counterclaim or an application made in the proceedings), to be transferred—

(a)from the Royal Courts of Justice to a district registry; or

(b)from a district registry to the Royal Courts of Justice or to another district registry.

(5) A district registry may order proceedings before it for the detailed assessment of costs to be transferred to another district registry if it is satisfied that the proceedings could be more conveniently or fairly taken in that other district registry.

(6) An application for an order under paragraph (4) or (5) must, if the claim is proceeding in a district registry, be made to that registry.

(7) Where some enactment, other than these Rules, requires proceedings to be started in a particular county court, neither paragraphs (1) nor (2) give the court power to order proceedings to be transferred to a county court which is not the court in which they should have been started or to order them to continue in the wrong court.

(8) Probate proceedings may only be transferred under paragraph (4) to the Chancery Division at the Royal Courts of Justice or to one of the Chancery district registries.

Commencement Information

I196Rule 30.2 in force at 26.4.1999, see Signature

Criteria for a transfer orderE+W

30.3—(1) Paragraph (2) sets out the matters to which the court must have regard when considering whether to make an order under—

(a)s.40(2), 41(1) or 42(2) of the County Courts Act 1984(31) (transfer between the High Court and a county court);

(b)rule 30.2(1) (transfer between county courts); or

(c)rule 30.2(4) (transfer between the Royal Courts of Justice and the district registries).

(2) The matters to which the court must have regard include—

(a)the financial value of the claim and the amount in dispute, if different;

(b)whether it would be more convenient or fair for hearings (including the trial) to be held in some other court;

(c)the availability of a judge specialising in the type of claim in question;

(d)whether the facts, legal issues, remedies or procedures involved are simple or complex;

(e)the importance of the outcome of the claim to the public in general;

(f)the facilities available at the court where the claim is being dealt with and whether they may be inadequate because of any disabilities of a party or potential witness[F261; ]

[F262(g)whether the making of a declaration of incompatibility under section 4 of the Human Rights Act 1998 has arisen or may arise][F263;

(h)in the case of civil proceedings by or against the Crown, as defined in rule 66.1(2), the location of the relevant government department or officers of the Crown and, where appropriate, any relevant public interest that the matter should be tried in London.]

Textual Amendments

Commencement Information

I197Rule 30.3 in force at 26.4.1999, see Signature

ProcedureE+W

30.4—(1) Where the court orders proceedings to be transferred, the court from which they are to be transferred must give notice of the transfer to all the parties.

(2) An order made before the transfer of the proceedings shall not be affected by the order to transfer.

Commencement Information

I198Rule 30.4 in force at 26.4.1999, see Signature

Transfer between Divisions and to and from a specialist listE+W

30.5—(1) The High Court may order proceedings in any Division of the High Court to be transferred to another Division.

[F264(2) A judge dealing with claims in a specialist list may order proceedings to be transferred to or from that list.]

(3) 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

Commencement Information

I199Rule 30.5 in force at 26.4.1999, see Signature

Power to specify place where hearings are to be heldE+W

30.6  The court may specify the place (for instance, a particular county court) where the trial or some other hearing in any proceedings is to be held and may do so without ordering the proceedings to be transferred.

Commencement Information

I200Rule 30.6 in force at 26.4.1999, see Signature

Transfer of control of money in courtE+W

30.7  The court may order that control of any money held by it under rule 21.11 (control of money recovered by or on behalf of a child or [F265protected party]) be transferred to another court if that court would be more convenient.

Textual Amendments

Commencement Information

I201Rule 30.7 in force at 26.4.1999, see Signature

[F266Transfer of competition law claimsE+W

30.8—(1) This rule applies if, in any proceedings in the Queen’s Bench Division [F267(other than proceedings in the Commercial or Admiralty Courts)], a district registry of the High Court or a county court, a party’s statement of case raises an issue relating to the application of—

(a)Article 81 or Article 82 of the Treaty establishing the European Community; or

(b)Chapter I or II of Part I of the Competition Act 1998.

(2) Rules 30.2 and 30.3 do not apply.

(3) The court must transfer the proceedings to the Chancery Division of the High Court at the Royal Courts of Justice.

[F268(4) If any such proceedings which have been commenced in the Queen’s Bench Division or a Mercantile Court fall within the scope of rule 58.1(2), any party to those proceedings may apply for the transfer of the proceedings to the Commercial Court, in accordance with rule 58.4(2) and rule 30.5(3). If the application is refused, the proceedings must be transferred to the Chancery Division of the High Court at the Royal Courts of Justice.]]

Textual Amendments

PART 31E+WDISCLOSURE AND INSPECTION OF DOCUMENTS

Modifications etc. (not altering text)

Contents of this Part

Scope of this PartRule 31.1
Meaning of disclosureRule 31.2
Right of inspection of a disclosed documentRule 31.3
Meaning of documentRule 31.4
Disclosure limited to standard disclosureRule 31.5
Standard disclosure—what documents are to be disclosedRule 31.6
Duty of searchRule 31.7
Duty of disclosure limited to documents which are or have been in a party’s controlRule 31.8
Disclosure of copiesRule 31.9
Procedure for standard disclosureRule 31.10
Duty of disclosure continues during proceedingsRule 31.11
Specific disclosure or inspectionRule 31.12
Disclosure in stagesRule 31.13
Documents referred to in statements of case etc.Rule 31.14
Inspection and copying of documentsRule 31.15
Disclosure before proceedings startRule 31.16
Orders for disclosure against a person not a partyRule 31.17
Rules not to limit other powers of the court to order disclosureRule 31.18
Claim to withhold inspection or disclosure of a documentRule 31.19
Restriction on use of a privileged document inspection of which has been inadvertently allowedRule 31.20
Consequence of failure to disclose documents or permit inspectionRule 31.21
Subsequent use of disclosed documentsRule 31.22

Scope of this PartE+W

31.1—(1) This Part sets out rules about the disclosure and inspection of documents.

(2) This Part applies to all claims except a claim on the small claims track.

Commencement Information

I202Rule 31.1 in force at 26.4.1999, see Signature

Meaning of disclosureE+W

31.2  A party discloses a document by stating that the document exists or has existed.

Commencement Information

I203Rule 31.2 in force at 26.4.1999, see Signature

Right of inspection of a disclosed documentE+W

31.3—(1) A party to whom a document has been disclosed has a right to inspect that document except where—

(a)the document is no longer in the control of the party who disclosed it;

(b)the party disclosing the document has a right or a duty to withhold inspection of it; or

(c)paragraph (2) applies.

(Rule 31.8 sets out when a document is in the control of a party)

  • (Rule 31.19 sets out the procedure for claiming a right or duty to withhold inspection)

(2) Where a party considers that it would be disproportionate to the issues in the case to permit inspection of documents within a category or class of document disclosed under rule 31.6(b)—

(a)he is not required to permit inspection of documents within that category or class; but

(b)he must state in his disclosure statement that inspection of those documents will not be permitted on the grounds that to do so would be disproportionate.

(Rule 31.6 provides for standard disclosure)

(Rule 31.10 makes provision for a disclosure statement)

(Rule 31.12 provides for a party to apply for an order for specific inspection of documents)

Commencement Information

I204Rule 31.3 in force at 26.4.1999, see Signature

Meaning of documentE+W

31.4  In this Part—

“document” means anything in which information of any description is recorded; and

“copy”, in relation to a document, means anything onto which information recorded in the document has been copied, by whatever means and whether directly or indirectly.

Commencement Information

I205Rule 31.4 in force at 26.4.1999, see Signature

Disclosure limited to standard disclosureE+W

31.5—(1) An order to give disclosure is an order to give standard disclosure unless the court directs otherwise.

(2) The court may dispense with or limit standard disclosure.

(3) The parties may agree in writing to dispense with or to limit standard disclosure.

(The court may make an order requiring standard disclosure under rule 28.3 which deals with directions in relation to cases on the fast track and under rule 29.2 which deals with case management in relation to cases on the multi-track)

Commencement Information

I206Rule 31.5 in force at 26.4.1999, see Signature

Standard disclosure—what documents are to be disclosedE+W

31.6  Standard disclosure requires a party to disclose only—

(a)the documents on which he relies; and

(b)the documents which—

(i)adversely affect his own case;

(ii)adversely affect another party’s case; or

(iii)support another party’s case; and

(c)the documents which he is required to disclose by a relevant practice direction.

Commencement Information

I207Rule 31.6 in force at 26.4.1999, see Signature

Duty of searchE+W

31.7—(1) When giving standard disclosure, a party is required to make a reasonable search for documents falling within rule 31.6(b) or (c).

(2) The factors relevant in deciding the reasonableness of a search include the following—

(a)the number of documents involved;

(b)the nature and complexity of the proceedings;

(c)the ease and expense of retrieval of any particular document; and

(d)the significance of any document which is likely to be located during the search.

(3) Where a party has not searched for a category or class of document on the grounds that to do so would be unreasonable, he must state this in his disclosure statement and identify the category or class of document.

(Rule 31.10 makes provision for a disclosure statement)

Commencement Information

I208Rule 31.7 in force at 26.4.1999, see Signature

Duty of disclosure limited to documents which are or have been in party’s controlE+W

31.8—(1) A party’s duty to disclose documents is limited to documents which are or have been in his control.

(2) For this purpose a party has or has had a document in his control if—

(a)it is or was in his physical possession;

(b)he has or has had a right to possession of it; or

(c)he has or has had a right to inspect or take copies of it.

Commencement Information

I209Rule 31.8 in force at 26.4.1999, see Signature

Disclosure of copiesE+W

31.9—(1) A party need not disclose more than one copy of a document.

(2) A copy of a document that contains a modification, obliteration or other marking or feature—

(a)on which a party intends to rely; or

(b)which adversely affects his own case or another party’s case or supports another party’s case;

shall be treated as a separate document.

(Rule 31.4 sets out the meaning of a copy of a document)

Commencement Information

I210Rule 31.9 in force at 26.4.1999, see Signature

Procedure for standard disclosureE+W

31.10—(1) The procedure for standard disclosure is as follows.

(2) Each party must make and serve on every other party, a list of documents in the relevant practice form.

(3) The list must identify the documents in a convenient order and manner and as concisely as possible.

(4) The list must indicate—

(a)those documents in respect of which the party claims a right or duty to withhold inspection; and

(b)(i)those documents which are no longer in the party’s control; and

(ii)what has happened to those documents.

(Rule 31.19 (3) and (4) require a statement in the list of documents relating to any documents inspection of which a person claims he has a right or duty to withhold)

(5) The list must include a disclosure statement.

(6) A disclosure statement is a statement made by the party disclosing the documents—

(a)setting out the extent of the search that has been made to locate documents which he is required to disclose;

(b)certifying that he understands the duty to disclose documents; and

(c)certifying that to the best of his knowledge he has carried out that duty.

(7) Where the party making the disclosure statement is a company, firm, association or other organisation, the statement must also—

(a)identify the person making the statement; and

(b)explain why he is considered an appropriate person to make the statement.

(8) The parties may agree in writing—

(a)to disclose documents without making a list; and

(b)to disclose documents without the disclosing party making a disclosure statement.

(9) A disclosure statement may be made by a person who is not a party where this is permitted by a relevant practice direction.

Commencement Information

I211Rule 31.10 in force at 26.4.1999, see Signature

Duty of disclosure continues during proceedingsE+W

31.11—(1) Any duty of disclosure continues until the proceedings are concluded.

(2) If documents to which that duty extends come to a party’s notice at any time during the proceedings, he must immediately notify every other party.

Commencement Information

I212Rule 31.11 in force at 26.4.1999, see Signature

Specific disclosure or inspectionE+W

31.12—(1) The court may make an order for specific disclosure or specific inspection.

(2) An order for specific disclosure is an order that a party must do one or more of the following things—

(a)disclose documents or classes of documents specified in the order;

(b)carry out a search to the extent stated in the order;

(c)disclose any documents located as a result of that search.

(3) An order for specific inspection is an order that a party permit inspection of a document referred to in rule 31.3(2).

(Rule 31.3(2) allows a party to state in his disclosure statement that he will not permit inspection of a document on the grounds that it would be disproportionate to do so)

Commencement Information

I213Rule 31.12 in force at 26.4.1999, see Signature

Disclosure in stagesE+W

31.13  The parties may agree in writing, or the court may direct, that disclosure or inspection or both shall take place in stages.

Commencement Information

I214Rule 31.13 in force at 26.4.1999, see Signature

Documents referred to in statements of case etc.E+W

31.14—[F269(1)] A party may inspect a document mentioned in—

(a)a statement of case;

(b)a witness statement;

(c)a witness summary; [F270or]

(d)an affidavit(GL)[F271.]

F272(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(Rule 35.10(4) makes provision in relation to instructions referred to in an expert’s report)

[F273(2) Subject to rule 35.10(4), a party may apply for an order for inspection of any document mentioned in an expert’s report which has not already been disclosed in the proceedings.]

Textual Amendments

F269Rule 31.14 renumbered as rule 31.14(1) (25.3.2002) by The Civil Procedure (Amendment No. 5) Rules 2001 (S.I. 2001/4015), rules 1(c), 20(a)

F271Full stop in rule 31.14(1)(d) substituted for word (25.3.2002) by The Civil Procedure (Amendment No. 5) Rules 2001 (S.I. 2001/4015), rules 1(c), 20(c)

Commencement Information

I215Rule 31.14 in force at 26.4.1999, see Signature

Inspection and copying of documentsE+W

31.15  Where a party has a right to inspect a document—

(a)that party must give the party who disclosed the document written notice of his wish to inspect it;

(b)the party who disclosed the document must permit inspection not more than 7 days after the date on which he received the notice; and

(c)that party may request a copy of the document and, if he also undertakes to pay reasonable copying costs, the party who disclosed the document must supply him with a copy not more than 7 days after the date on which he received the request.

(Rule 31.3 and 31.14 deal with the right of a party to inspect a document)

Commencement Information

I216Rule 31.15 in force at 26.4.1999, see Signature

Disclosure before proceedings startE+W

31.16—(1) This rule applies where an application is made to the court under any Act for disclosure before proceedings have started(32).

(2) The application must be supported by evidence.

(3) The court may make an order under this rule only where—

(a)the respondent is likely to be a party to subsequent proceedings;

(b)the applicant is also likely to be a party to those proceedings;

(c)if proceedings had started, the respondent’s duty by way of standard disclosure, set out in rule 31.6, would extend to the documents or classes of documents of which the applicant seeks disclosure; and

(d)disclosure before proceedings have started is desirable in order to—

(i)dispose fairly of the anticipated proceedings;

(ii)assist the dispute to be resolved without proceedings; or

(iii)save costs.

(4) An order under this rule must—

(a)specify the documents or the classes of documents which the respondent must disclose; and

(b)require him, when making disclosure, to specify any of those documents—

(i)which are no longer in his control; or

(ii)in respect of which he claims a right or duty to withhold inspection.

(5) Such an order may—

(a)require the respondent to indicate what has happened to any documents which are no longer in his control; and

(b)specify the time and place for disclosure and inspection.

Commencement Information

I217Rule 31.16 in force at 26.4.1999, see Signature

Orders for disclosure against a person not a partyE+W

31.17—(1) This rule applies where an application is made to the court under any Act for disclosure by a person who is not a party to the proceedings(33).

(2) The application must be supported by evidence.

(3) The court may make an order under this rule only where—

(a)the documents of which disclosure is sought are likely to support the case of the applicant or adversely affect the case of one of the other parties to the proceedings; and

(b)disclosure is necessary in order to dispose fairly of the claim or to save costs.

(4) An order under this rule must—

(a)specify the documents or the classes of documents which the respondent must disclose; and

(b)require the respondent, when making disclosure, to specify any of those documents—

(i)which are no longer in his control; or

(ii)in respect of which he claims a right or duty to withhold inspection.

(5) Such an order may—

(a)require the respondent to indicate what has happened to any documents which are no longer in his control; and

(b)specify the time and place for disclosure and inspection.

Commencement Information

I218Rule 31.17 in force at 26.4.1999, see Signature

Rules not to limit other powers of the court to order disclosureE+W

31.18  Rules 31.16 and 31.17 do not limit any other power which the court may have to order—

(a)disclosure before proceedings have started; and

(b)disclosure against a person who is not a party to proceedings.

Commencement Information

I219Rule 31.18 in force at 26.4.1999, see Signature

Claim to withhold inspection or disclosure of a documentE+W

31.19—(1) A person may apply, without notice, for an order permitting him to withhold disclosure of a document on the ground that disclosure would damage the public interest.

(2) Unless the court orders otherwise, an order of the court under paragraph (1)—

(a)must not be served on any other person; and

(b)must not be open to inspection by any person.

(3) A person who wishes to claim that he has a right or a duty to withhold inspection of a document, or part of a document, must state in writing—

(a)that he has such a right or duty; and

(b)the grounds on which he claims that right or duty.

(4) The statement referred to in paragraph (3) must be made—

(a)in the list in which the document is disclosed; or

(b)if there is no list, to the person wishing to inspect the document.

(5) A party may apply to the court to decide whether a claim made under paragraph (3) should be upheld.

(6) For the purpose of deciding an application under paragraph (1) (application to withhold disclosure) or paragraph (3) (claim to withhold inspection) the court may—

(a)require the person seeking to withhold disclosure or inspection of a document to produce that document to the court; and

(b)invite any person, whether or not a party, to make representations.

(7) An application under paragraph (1) or paragraph (5) must be supported by evidence.

(8) This Part does not affect any rule of law which permits or requires a document to be withheld from disclosure or inspection on the ground that its disclosure or inspection would damage the public interest.

Commencement Information

I220Rule 31.19 in force at 26.4.1999, see Signature

Restriction on use of a privileged document inspection of which has been inadvertently allowedE+W

31.20  Where a party inadvertently allows a privileged(GL) document to be inspected, the party who has inspected the document may use it or its contents only with the permission of the court.

Commencement Information

I221Rule 31.20 in force at 26.4.1999, see Signature

Consequence of failure to disclose documents or permit inspectionE+W

31.21  A party may not rely on any document which he fails to disclose or in respect of which he fails to permit inspection unless the court gives permission.

Commencement Information

I222Rule 31.21 in force at 26.4.1999, see Signature

Subsequent use of disclosed documentsE+W

31.22—(1) A party to whom a document has been disclosed may use the document only for the purpose of the proceedings in which it is disclosed, except where—

(a)the document has been read to or by the court, or referred to, at a hearing which has been held in public;

(b)the court gives permission; or

(c)the party who disclosed the document and the person to whom the document belongs agree.

(2) The court may make an order restricting or prohibiting the use of a document which has been disclosed, even where the document has been read to or by the court, or referred to, at a hearing which has been held in public.

(3) An application for such an order may be made—

(a)by a party; or

(b)by any person to whom the document belongs.

Commencement Information

I223Rule 31.22 in force at 26.4.1999, see Signature

[F274False, disclosure statementsE+W

31.23—(1) Proceedings for contempt of court may be brought against a person if he makes, or causes to be made, a false disclosure statement, without an honest belief in its truth.

(2) Proceedings under this rule may be brought only—

(a)by the Attorney General; or

(b)with the permission of the court.]

Textual Amendments

PART 32E+WEVIDENCE

Contents of this Part

Power of court to control evidenceRule 32.1
Evidence of witnesses—general ruleRule 32.2
Evidence by video link or other meansRule 32.3
Requirement to serve witness statements for use at trialRule 32.4
Use at trial of witness statements which have been servedRule 32.5
Evidence in proceedings other than at trialRule 32.6
Order for cross-examinationRule 32.7
Form of witness statementRule 32.8
Witness summariesRule 32.9
Consequence of failure to serve witness statement or summaryRule 32.10
Cross-examination on a witness statementRule 32.11
Use of witness statements for other purposesRule 32.12
Availability of witness statements for inspectionRule 32.13
False statementsRule 32.14
Affidavit evidenceRule 32.15
Form of affidavitRule 32.16
Affidavit made outside the jurisdictionRule 32.17
Notice to admit factsRule 32.18
Notice to admit or produce documentsRule 32.19

Power of court to control evidenceE+W

32.1—(1) The court may control the evidence by giving directions as to—

(a)the issues on which it requires evidence;

(b)the nature of the evidence which it requires to decide those issues; and

(c)the way in which the evidence is to be placed before the court.

(2) The court may use its power under this rule to exclude evidence that would otherwise be admissible.

(3) The court may limit cross-examination(GL).

Commencement Information

I224Rule 32.1 in force at 26.4.1999, see Signature

Evidence of witnesses—general ruleE+W

32.2—(1) The general rule is that any fact which needs to be proved by the evidence of witnesses is to be proved—

(a)at trial, by their oral evidence given in public; and

(b)at any other hearing, by their evidence in writing.

(2) This is subject—

(a)to any provision to the contrary contained in these Rules or elsewhere; or

(b)to any order of the court.

Commencement Information

I225Rule 32.2 in force at 26.4.1999, see Signature

Evidence by video link or other meansE+W

32.3  The court may allow a witness to give evidence through a video link or by other means.

Commencement Information

I226Rule 32.3 in force at 26.4.1999, see Signature

Requirement to serve witness statements for use at trialE+W

32.4—(1) A witness statement is a written statement signed by a person which contains the evidence which that person would be allowed to give orally.

(2) The court will order a party to serve on the other parties any witness statement of the oral evidence which the party serving the statement intends to rely on in relation to any issues of fact to be decided at the trial.

(3) The court may give directions as to—

(a)the order in which witness statements are to be served; and

(b)whether or not the witness statements are to be filed.

Commencement Information

I227Rule 32.4 in force at 26.4.1999, see Signature

Use at trial of witness statements which have been servedE+W

32.5—(1) If—

(a)a party has served a witness statement; and

(b)he wishes to rely at trial on the evidence of the witness who made the statement,

he must call the witness to give oral evidence unless the court orders otherwise or he puts the statement in as hearsay evidence.

(Part 33 contains provisions about hearsay evidence)

(2) Where a witness is called to give oral evidence under paragraph (1), his witness statement shall stand as his evidence in chief (GL) unless the court orders otherwise.

(3) A witness giving oral evidence at trial may with the permission of the court—

(a)amplify his witness statement; and

(b)give evidence in relation to new matters which have arisen since the witness statement was served on the other parties.

(4) The court will give permission under paragraph (3) only if it considers that there is good reason not to confine the evidence of the witness to the contents of his witness statement.

(5) If a party who has served a witness statement does not—

(a)call the witness to give evidence at trial; or

(b)put the witness statement in as hearsay evidence,

any other party may put the witness statement in as hearsay evidence.

Commencement Information

I228Rule 32.5 in force at 26.4.1999, see Signature

Evidence in proceedings other than at trialE+W

32.6—(1) Subject to paragraph (2), the general rule is that evidence at hearings other than the trial is to be by witness statement unless the court, a practice direction or any other enactment requires otherwise.

(2) At hearings other than the trial, a party may F275... rely on the matters set out in—

(a)his statement of case; or

(b)his application notice,

if the statement of case or application notice is verified by a statement of truth.

Textual Amendments

Commencement Information

I229Rule 32.6 in force at 26.4.1999, see Signature

Order for cross-examinationE+W

32.7—(1) Where, at a hearing other than the trial, evidence is given in writing, any party may apply to the court for permission to cross-examine the person giving the evidence.

(2) If the court gives permission under paragraph (1) but the person in question does not attend as required by the order, his evidence may not be used unless the court gives permission.

Commencement Information

I230Rule 32.7 in force at 26.4.1999, see Signature

Form of witness statementE+W

32.8  A witness statement must comply with the requirements set out in the relevant practice direction.

(Part 22 requires a witness statement to be verified by a statement of truth)

Commencement Information

I231Rule 32.8 in force at 26.4.1999, see Signature

Witness summariesE+W

32.9—(1) A party who—

(a)is required to serve a witness statement for use at trial; but

(b)is unable to obtain one,

may apply, without notice, for permission to serve a witness summary instead.

(2) A witness summary is a summary of—

(a)the evidence, if known, which would otherwise be included in a witness statement; or

(b)if the evidence is not known, the matters about which the party serving the witness summary proposes to question the witness.

(3) Unless the court orders otherwise, a witness summary must include the name and address of the intended witness.

(4) Unless the court orders otherwise, a witness summary must be served within the period in which a witness statement would have had to be served.

(5) Where a party serves a witness summary, so far as practicable rules 32.4 (requirement to serve witness statements for use at trial), 32.5(3) (amplifying witness statements), and 32.8 (form of witness statement) shall apply to the summary.

Commencement Information

I232Rule 32.9 in force at 26.4.1999, see Signature

Consequence of failure to serve witness statement or summaryE+W

32.10  If a witness statement or a witness summary for use at trial is not served in respect of an intended witness within the time specified by the court, then the witness may not be called to give oral evidence unless the court gives permission.

Commencement Information

I233Rule 32.10 in force at 26.4.1999, see Signature

Cross-examination on a witness statementE+W

32.11  Where a witness is called to give evidence at trial, he may be cross-examined on his witness statement whether or not the statement or any part of it was referred to during the witness’s evidence in chief(GL).

Commencement Information

I234Rule 32.11 in force at 26.4.1999, see Signature

Use of witness statements for other purposesE+W

32.12—(1) Except as provided by this rule, a witness statement may be used only for the purpose of the proceedings in which it is served.

(2) Paragraph (1) does not apply if and to the extent that—

(a)the witness gives consent in writing to some other use of it;

(b)the court gives permission for some other use; or

(c)the witness statement has been put in evidence at a hearing held in public.

Commencement Information

I235Rule 32.12 in force at 26.4.1999, see Signature

Availability of witness statements for inspectionE+W

32.13—(1) A witness statement which stands as evidence in chief(GL) is open to inspection [F276during the course of the trial unless the court otherwise directs].

(2) Any person may ask for a direction that a witness statement is not open to inspection.

(3) The court will not make a direction under paragraph (2) unless it is satisfied that a witness statement should not be open to inspection because of—

(a)the interests of justice;

(b)the public interest;

(c)the nature of any expert medical evidence in the statement;

(d)the nature of any confidential information (including information relating to personal financial matters) in the statement; or

(e)the need to protect the interests of any child or [F277protected party].

(4) The court may exclude from inspection words or passages in the statement.

Textual Amendments

Commencement Information

I236Rule 32.13 in force at 26.4.1999, see Signature

False statementsE+W

32.14—(1) Proceedings for contempt of court may be brought against a person if he makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

(Part 22 makes provision for a statement of truth)

(2) Proceedings under this rule may be brought only—

(a)by the Attorney General; or

(b)with the permission of the court.

Commencement Information

I237Rule 32.14 in force at 26.4.1999, see Signature

Affidavit evidenceE+W

32.15—(1) Evidence must be given by affidavit(GL) instead of or in addition to a witness statement if this is required by the court, a provision contained in any other rule, a practice direction or any other enactment.

(2) Nothing in these Rules prevents a witness giving evidence by affidavit(GL) at a hearing other than the trial if he chooses to do so in a case where paragraph (1) does not apply, but the party putting forward the affidavit(GL) may not recover the additional cost of making it from any other party unless the court orders otherwise.

Commencement Information

I238Rule 32.15 in force at 26.4.1999, see Signature

Form of affidavitsE+W

32.16  An affidavit(GL) must comply with the requirements set out in the relevant practice direction.

Commencement Information

I239Rule 32.16 in force at 26.4.1999, see Signature

Affidavit made outside the jurisdictionE+W

32.17  A person may make an affidavit(GL) outside the jurisdiction in accordance with—

(a)this Part; or

(b)the law of the place where he makes the affidavit(GL).

Commencement Information

I240Rule 32.17 in force at 26.4.1999, see Signature

Notice to admit factsE+W

32.18—(1) A party may serve notice on another party requiring him to admit the facts, or the part of the case of the serving party, specified in the notice.

(2) A notice to admit facts must be served no later than 21 days before the trial.

(3) Where the other party makes any admission in response to the notice, the admission may be used against him only—

(a)in the proceedings in which the notice to admit is served; and

(b)by the party who served the notice.

(4) The court may allow a party to amend or withdraw any admission made by him on such terms as it thinks just.

Commencement Information

I241Rule 32.18 in force at 26.4.1999, see Signature

Notice to admit or produce documentsE+W

32.19—(1) A party shall be deemed to admit the authenticity of a document disclosed to him under Part 31 (disclosure and inspection of documents) unless he serves notice that he wishes the document to be proved at trial.

(2) A notice to prove a document must be served—

(a)by the latest date for serving witness statements; or

(b)within 7 days of disclosure of the document,

whichever is later.

Commencement Information

I242Rule 32.19 in force at 26.4.1999, see Signature

[F278Notarial acts and instrumentsE+W

32.20  A notarial act or instrument may be received in evidence without further proof as duly authenticated in accordance with the requirements of law unless the contrary is proved.]

Textual Amendments

PART 33E+WMISCELLANEOUS RULES ABOUT EVIDENCE

Contents of this Part

IntroductoryRule 33.1
Notice of intention to rely on hearsay evidenceRule 33.2
Circumstances in which notice of intention to rely on hearsay evidence is not requiredRule 33.3
Power to call witness for cross-examination on hearsay evidenceRule 33.4
CredibilityRule 33.5
Use of plans, photographs and models as evidenceRule 33.6
Evidence of finding on question of foreign lawRule 33.7
Evidence of consent of trustee to actRule 33.8

IntroductoryE+W

33.1  In this Part—

(a)“hearsay” means a statement, made otherwise than by a person while giving oral evidence in proceedings, which is tendered as evidence of the matters stated; and

(b)references to hearsay include hearsay of whatever degree.

Commencement Information

I243Rule 33.1 in force at 26.4.1999, see Signature

Notice of intention to rely on hearsay evidenceE+W

33.2—(1) Where a party intends to rely on hearsay evidence at trial and either—

(a)that evidence is to be given by a witness giving oral evidence; or

(b)that evidence is contained in a witness statement of a person who is not being called to give oral evidence;

that party complies with section 2(1)(a) of the Civil Evidence Act 1995(34) by serving a witness statement on the other parties in accordance with the court’s order.

(2) Where paragraph (1)(b) applies, the party intending to rely on the hearsay evidence must, when he serves the witness statement—

(a)inform the other parties that the witness is not being called to give oral evidence; and

(b)give the reason why the witness will not be called.

(3) In all other cases where a party intends to rely on hearsay evidence at trial, that party complies with section 2(1)(a) of the Civil Evidence Act 1995 by serving a notice on the other parties which—

(a)identifies the hearsay evidence;

(b)states that the party serving the notice proposes to rely on the hearsay evidence at trial; and

(c)gives the reason why the witness will not be called.

(4) The party proposing to rely on the hearsay evidence must—

(a)serve the notice no later than the latest date for serving witness statements; and

(b)if the hearsay evidence is to be in a document, supply a copy to any party who requests him to do so.

Commencement Information

I244Rule 33.2 in force at 26.4.1999, see Signature

Circumstances in which notice of intention to rely on hearsay evidence is not requiredE+W

33.3  Section 2(1) of the Civil Evidence Act 1995 (duty to give notice of intention to rely on hearsay evidence) does not apply—

(a)to evidence at hearings other than trials;

[F279(aa)to an affidavit or witness statement which is to be used at trial but which does not contain hearsay evidence;]

(b)to a statement which a party to a probate action wishes to put in evidence and which is alleged to have been made by the person whose estate is the subject of the proceedings; or

(c)where the requirement is excluded by a practice direction.

Textual Amendments

Commencement Information

I245Rule 33.3 in force at 26.4.1999, see Signature

Power to call witness for cross-examination on hearsay evidenceE+W

33.4—(1) Where a party—

(a)proposes to rely on hearsay evidence; and

(b)does not propose to call the person who made the original statement to give oral evidence,

the court may, on the application of any other party, permit that party to call the maker of the statement to be cross-examined on the contents of the statement.

(2) An application for permission to cross-examine under this rule must be made not more than 14 days after the day on which a notice of intention to rely on the hearsay evidence was served on the applicant.

Commencement Information

I246Rule 33.4 in force at 26.4.1999, see Signature

CredibilityE+W

33.5—(1) Where a party—

(a)proposes to rely on hearsay evidence; but

(b)does not propose to call the person who made the original statement to give oral evidence; and

(c)another party wishes to call evidence to attack the credibility of the person who made the statement,

the party who so wishes must give notice of his intention to the party who proposes to give the hearsay statement in evidence.

(2) A party must give notice under paragraph (1) not more than 14 days after the day on which a hearsay notice relating to the hearsay evidence was served on him.

Commencement Information

I247Rule 33.5 in force at 26.4.1999, see Signature

Use of plans, photographs and models as evidenceE+W

33.6—(1) This rule applies to evidence (such as a plan, photograph or model) which is not—

(a)contained in a witness statement, affidavit(GL) or expert’s report;

(b)to be given orally at trial; or

(c)evidence of which prior notice must be given under rule 33.2.

(2) This rule includes documents which may be received in evidence without further proof under section 9 of the Civil Evidence Act 1995(35).

(3) Unless the court orders otherwise the evidence shall not be receivable at a trial unless the party intending to put it in evidence has given notice to the other parties in accordance with this rule.

(4) Where the party intends to use the evidence as evidence of any fact then, except where paragraph (6) applies, he must give notice not later than the latest date for serving witness statements.

(5) He must give notice at least 21 days before the hearing at which he proposes to put in the evidence, if—

(a)there are not to be witness statements; or

(b)he intends to put in the evidence solely in order to disprove an allegation made in a witness statement.

(6) Where the evidence forms part of expert evidence, he must give notice when the expert’s report is served on the other party.

(7) Where the evidence is being produced to the court for any reason other than as part of factual or expert evidence, he must give notice at least 21 days before the hearing at which he proposes to put in the evidence.

(8) Where a party has given notice that he intends to put in the evidence, he must give every other party an opportunity to inspect it and to agree to its admission without further proof.

Commencement Information

I248Rule 33.6 in force at 26.4.1999, see Signature

Evidence of finding on question of foreign lawE+W

33.7—(1) This rule sets out the procedure which must be followed by a party who intends to put in evidence a finding on a question of foreign law by virtue of section 4(2) of the Civil Evidence Act 1972(36).

(2) He must give any other party notice of his intention.

(3) He must give the notice—

(a)if there are to be witness statements, not later than the latest date for serving them; or

(b)otherwise, not less than 21 days before the hearing at which he proposes to put the finding in evidence.

(4) The notice must—

(a)specify the question on which the finding was made; and

(b)enclose a copy of a document where it is reported or recorded.

Commencement Information

I249Rule 33.7 in force at 26.4.1999, see Signature

Evidence of consent of trustee to actE+W

33.8  A document purporting to contain the written consent of a person to act as trustee and to bear his signature verified by some other person is evidence of such consent.

Commencement Information

I250Rule 33.8 in force at 26.4.1999, see Signature

[F280Human RightsE+W

33.9—(1) This rule applies where a claim is—

(a)for a remedy under section 7 of the Human Rights Act 1998 in respect of a judicial act which is alleged to have infringed the claimant’s Article 5 Convention rights; and

(b)based on a finding by a court or tribunal that the claimant’s Convention rights have been infringed.

(2) The court hearing the claim—

(a)may proceed on the basis of the finding of that other court or tribunal that there has been an infringement but it is not required to do so, and

(b)may reach its own conclusion in the light of that finding and of the evidence heard by that other court or tribunal.]

Textual Amendments

PART 34E+W[F281WITNESSES, DEPOSITIONS AND EVIDENCE FOR FOREIGN COURTS]

Textual Amendments

Contents of this Part

Scope of this PartRule 34.1
Witness summonsesRule 34.2
Issue of a witness summonsRule 34.3
Witness summons in aid of inferior court or of tribunalRule 34.4
Time for serving a witness summonsRule 34.5
Who is to serve a witness summonsRule 34.6
Right of witness to travelling expenses and compensation for loss of timeRule 34.7
Evidence by depositionRule 34.8
Conduct of examinationRule 34.9
Enforcing attendance of witnessRule 34.10
Use of deposition at a hearingRule 34.11
Restrictions on subsequent use of deposition taken for the purpose of any hearing except the trialRule 34.12
Where a person to be examined is out of the jurisdiction—letter of requestRule 34.13
Fees and expenses of examinerRule 34.14
Examiners of the courtRule 34.15
[F282II—EVIDENCE FOR FOREIGN COURTS
Interpretation Rule 34.16
Application for order Rule 34.17
Examination Rule 34.18
Dealing with deposition Rule 34.19
Claim to privilege Rule 34.20
Order under 1975 Act as applied by Patents Act 1977 Rule 34.21 ]
[F283III TAKING OF EVIDENCE—MEMBER STATES OF THE EUROPEAN UNION
InterpretationRule 34.22
Where a person to be examined is in another Regulation StateRule 34.23
Evidence for courts of other Regulation StatesRule 34.24]

Textual Amendments

[F284I WITNESSES AND DEPOSITIONS]E+W

Textual Amendments

F284Pt. 34 Section 1 heading inserted (2.12.2002) by virtue of The Civil Procedure (Amendment) Rules 2002 (S.I. 2002/2058), rules 1(b), 12(c)

[F285Scope of this SectionE+W

34.1—(1) This Section of this Part provides—

(a)for the circumstances in which a person may be required to attend court to give evidence or produce a document; and

(b)for a party to obtain evidence before a hearing to be used at the hearing.

(2) In this Section, reference to a hearing includes a reference to the trial.]

Textual Amendments

Witness summonsesE+W

34.2—(1) A witness summons is a document issued by the court requiring a witness to—

(a)attend court to give evidence; or

(b)produce documents to the court.

(2) A witness summons must be in the relevant practice form.

(3) There must be a separate witness summons for each witness.

(4) A witness summons may require a witness to produce documents to the court either—

(a)on the date fixed for a hearing; or

(b)on such date as the court may direct.

(5) The only documents that a summons under this rule can require a person to produce before a hearing are documents which that person could be required to produce at the hearing.

Commencement Information

I251Rule 34.2 in force at 26.4.1999, see Signature

Issue of a witness summonsE+W

34.3—(1) A witness summons is issued on the date entered on the summons by the court.

(2) A party must obtain permission from the court where he wishes to—

(a)have a summons issued less than 7 days before the date of the trial;

(b)have a summons issued for a witness to attend court to give evidence or to produce documents on any date except the date fixed for the trial; or

(c)have a summons issued for a witness to attend court to give evidence or to produce documents at any hearing except the trial.

(3) A witness summons must be issued by—

(a)the court where the case is proceeding; or

(b)the court where the hearing in question will be held.

(4) The court may set aside(GL) or vary a witness summons issued under this rule.

Commencement Information

I252Rule 34.3 in force at 26.4.1999, see Signature

Witness summons in aid of inferior court or of tribunalE+W

34.4—(1) The court may issue a witness summons in aid of an inferior court or of a tribunal.

(2) The court which issued the witness summons under this rule may set it aside.

(3) In this rule, “inferior court or tribunal” means any court or tribunal that does not have power to issue a witness summons in relation to proceedings before it.

Commencement Information

I253Rule 34.4 in force at 26.4.1999, see Signature

Time for serving a witness summonsE+W

34.5—(1) The general rule is that a witness summons is binding if it is served at least 7 days before the date on which the witness is required to attend before the court or tribunal.

(2) The court may direct that a witness summons shall be binding although it will be served less than 7 days before the date on which the witness is required to attend before the court or tribunal.

(3) A witness summons which is—

(a)served in accordance with this rule; and

(b)requires the witness to attend court to give evidence,

is binding until the conclusion of the hearing at which the attendance of the witness is required.

Commencement Information

I254Rule 34.5 in force at 26.4.1999, see Signature

Who is to serve a witness summonsE+W

34.6—(1) A witness summons is to be served by the court unless the party on whose behalf it is issued indicates in writing, when he asks the court to issue the summons, that he wishes to serve it himself.

(2) Where the court is to serve the witness summons, the party on whose behalf it is issued must deposit, in the court office, the money to be paid or offered to the witness under rule 34.7.

Commencement Information

I255Rule 34.6 in force at 26.4.1999, see Signature

Right of witness to travelling expenses and compensation for loss of timeE+W

34.7  At the time of service of a witness summons the witness must be offered or paid—

(a)a sum reasonably sufficient to cover his expenses in travelling to and from the court; and

(b)such sum by way of compensation for loss of time as may be specified in the relevant practice direction.

Commencement Information

I256Rule 34.7 in force at 26.4.1999, see Signature

Evidence by depositionE+W

34.8—(1) A party may apply for an order for a person to be examined before the hearing takes place.

(2) A person from whom evidence is to be obtained following an order under this rule is referred to as a “deponent” and the evidence is referred to as a “deposition”.

(3) An order under this rule shall be for a deponent to be examined on oath before—

(a)a judge;

(b)an examiner of the court; or

(c)such other person as the court appoints.

(Rule 34.15 makes provision for the appointment of examiners of the court)

(4) The order may require the production of any document which the court considers is necessary for the purposes of the examination.

(5) The order must state the date, time and place of the examination.

(6) At the time of service of the order the deponent must be offered or paid—

(a)a sum reasonably sufficient to cover his expenses in travelling to and from the place of examination; and

(b)such sum by way of compensation for loss of time as may be specified in the relevant practice direction.

(7) Where the court makes an order for a deposition to be taken, it may also order the party who obtained the order to serve a witness statement or witness summary in relation to the evidence to be given by the person to be examined.

(Part 32 contains the general rules about witness statements and witness summaries)

Commencement Information

I257Rule 34.8 in force at 26.4.1999, see Signature

Conduct of examinationE+W

34.9—(1) Subject to any directions contained in the order for examination, the examination must be conducted in the same way as if the witness were giving evidence at a trial.

(2) If all the parties are present, the examiner may conduct the examination of a person not named in the order for examination if all the parties and the person to be examined consent.

(3) The examiner may conduct the examination in private if he considers it appropriate to do so.

(4) The examiner must ensure that the evidence given by the witness is recorded in full.

(5) The examiner must send a copy of the deposition—

(a)to the person who obtained the order for the examination of the witness; and

(b)to the court where the case is proceeding.

(6) The party who obtained the order must send each of the other parties a copy of the deposition which he receives from the examiner.

Commencement Information

I258Rule 34.9 in force at 26.4.1999, see Signature

Enforcing attendance of witnessE+W

34.10—(1) If a person served with an order to attend before an examiner—

(a)fails to attend; or

(b)refuses to be sworn for the purpose of the examination or to answer any lawful question or produce any document at the examination,

a certificate of his failure or refusal, signed by the examiner, must be filed by the party requiring the deposition.

(2) On the certificate being filed, the party requiring the deposition may apply to the court for an order requiring that person to attend or to be sworn or to answer any question or produce any document, as the case may be.

(3) An application for an order under this rule may be made without notice.

(4) The court may order the person against whom an order is made under this rule to pay any costs resulting from his failure or refusal.

Commencement Information

I259Rule 34.10 in force at 26.4.1999, see Signature

Use of deposition at a hearingE+W

34.11—(1) A deposition ordered under rule 34.8 may be given in evidence at a hearing unless the court orders otherwise.

(2) A party intending to put in evidence a deposition at a hearing must serve notice of his intention to do so on every other party.

(3) He must serve the notice at least 21 days before the day fixed for the hearing.

(4) The court may require a deponent to attend the hearing and give evidence orally.

(5) Where a deposition is given in evidence at trial, it shall be treated as if it were a witness statement for the purposes of rule 32.13 (availability of witness statements for inspection).

Commencement Information

I260Rule 34.11 in force at 26.4.1999, see Signature

Restrictions on subsequent use of deposition taken for the purpose of any hearing except the trialE+W

34.12—(1) Where the court orders a party to be examined about his or any other assets for the purpose of any hearing except the trial, the deposition may be used only for the purpose of the proceedings in which the order was made.

(2) However, it may be used for some other purpose—

(a)by the party who was examined;

(b)if the party who was examined agrees; or

(c)if the court gives permission.

Commencement Information

I261Rule 34.12 in force at 26.4.1999, see Signature

Where a person to be examined is out of the jurisdiction—letter of requestE+W

34.13—[F286(1) This rule applies where a party wishes to take a deposition from a person who is—

(a)out of the jurisdiction; and

(b)not in a Regulation State within the meaning of Section III of this Part.

(1A) The High Court may order the issue of a letter of request to the judicial authorities of the country in which the proposed deponent is.]

(2) A letter of request is a request to a judicial authority to take the evidence of that person, or arrange for it to be taken.

(3) The High Court may make an order under this rule in relation to county court proceedings.

(4) If the government of [F287a] country F288... allows a person appointed by the High Court to examine a person in that country, the High Court may make an order appointing a special examiner for that purpose.

(5) A person may be examined under this rule on oath or affirmation or in accordance with any procedure permitted in the country in which the examination is to take place.

(6) If the High Court makes an order for the issue of a letter of request, the party who sought the order must file—

(a)the following documents and, except where paragraph (7) applies, a translation of them—

(i)a draft letter of request;

(ii)a statement of the issues relevant to the proceedings;

(iii)a list of questions or the subject matter of questions to be put to the person to be examined; and

(b)an undertaking to be responsible for the Secretary of State’s expenses.

(7) There is no need to file a translation if—

(a)English is one of the official languages of the country where the examination is to take place; or

(b)a practice direction has specified that country as a country where no translation is necessary.

Textual Amendments

F286Rule 34.13(1)(1A) substituted for rule 34.13(1) (1.1.2004) by The Civil Procedure (Amendment No. 4) Rules 2003 (S.I. 2003/2113), rules 1(a), 7

F287Word in rule 34.13(4) substituted (26.4.1999) by The Civil Procedure (Amendment) Rules 1999 (S.I. 1999/1008), rules 1, 11(a)(i)

F288Words in rule 34.13(4) omitted (26.4.1999) by virtue of The Civil Procedure (Amendment) Rules 1999 (S.I. 1999/1008), rules 1, 11(a)(ii)

Commencement Information

I262Rule 34.13 in force at 26.4.1999, see Signature

[F289Letter of request – Proceeds of Crime Act 2002E+W

34.13A.—(1) This rule applies where a party to existing or contemplated proceedings in—

(a)the High Court; or

(b)a magistrates' court,

under Part 5 of the Proceeds of Crime Act 2002 (civil recovery of the proceeds etc. of unlawful conduct) wishes to take a deposition from a person who is out of the jurisdiction.

(2) The High Court may, on the application of such a party, order the issue of a letter of request to the judicial authorities of the country in which the proposed deponent is.

(3) Paragraphs (4) to (7) of rule 34.13 shall apply irrespective of where the proposed deponent is, and rule 34.23 shall not apply in cases where the proposed deponent is in a Regulation State within the meaning of Section III of this Part.]

Textual Amendments

Fees and expenses of examiner [F290of the court] E+W

34.14—[F291(1)  An examiner of the court may charge a fee for the examination.]

(2) He need not send the deposition to the court unless the fee is paid.

(3) The examiner’s fees and expenses must be paid by the party who obtained the order for examination.

(4) If the fees and expenses due to an examiner are not paid within a reasonable time, he may report that fact to the court.

(5) The court may order the party who obtained the order for examination to deposit in the court office a specified sum in respect of the examiner’s fees and, where it does so, the examiner will not be asked to act until the sum has been deposited.

(6) An order under this rule does not affect any decision as to the party who is ultimately to bear the costs of the examination.

Textual Amendments

Commencement Information

I263Rule 34.14 in force at 26.4.1999, see Signature

Examiners of the courtE+W

34.15—(1) The Lord Chancellor shall appoint persons to be examiners of the court.

(2) The persons appointed shall be barristers or solicitor-advocates who have been practising for a period of not less than three years.

(3) The Lord Chancellor may revoke an appointment at any time.

Commencement Information

I264Rule 34.15 in force at 26.4.1999, see Signature

[F292II—EVIDENCE FOR FOREIGN COURTSE+W

Textual Amendments

[F293Scope and interpretationE+W

34.16—(1) This Section applies to an application for an order under the 1975 Act for evidence to be obtained, other than an application made as a result of a request by a court in [F294another Regulation State].

(2) In this Section—

(a)“the 1975 Act” means the Evidence (Proceedings in Other Jurisdictions) Act 1975; and

(b)“Regulation State” has the same meaning as in Section III of this Part.]

Textual Amendments

Application for orderE+W

34.17  An application for an order under the 1975 Act for evidence to be obtained—

(a)must be—

(i)made to the High Court;

(ii)supported by written evidence; and

(iii)accompanied by the request as a result of which the application is made, and where appropriate, a translation of the request into English; and

(b)may be made without notice.

ExaminationE+W

34.18—(1) The court may order an examination to be taken before—

(a)any fit and proper person nominated by the person applying for the order;

(b)an examiner of the court; or

(c)any other person whom the court considers suitable.

(2) Unless the court orders otherwise—

(a)the examination will be taken as provided by rule 34.9; and

(b)rule 34.10 applies.

(3) The court may make an order under rule 34.14 for payment of the fees and expenses of the examination.

Dealing with depositionE+W

34.19—(1) The examiner must send the deposition of the witness to the Senior Master unless the court orders otherwise.

(2) The Senior Master will—

(a)give a certificate sealed with the seal of the Supreme Court for use out of the jurisdiction identifying the following documents—

(i)the request;

(ii)the order of the court for examination; and

(iii)the deposition of the witness; and

(b)send the certificate and the documents referred to in paragraph (a) to—

(i)the Secretary of State; or

(ii)where the request was sent to the Senior Master by another person in accordance with a Civil Procedure Convention, to that other person,

for transmission to the court or tribunal requesting the examination.

Claim to privilegeE+W

34.20—(1) This rule applies where—

(a)a witness claims to be exempt from giving evidence on the ground specified in section 3(1)(b) of the 1975 Act; and

(b)that claim is not supported or conceded as referred to in section 3(2) of that Act.

(2) The examiner may require the witness to give the evidence which he claims to be exempt from giving.

(3) Where the examiner does not require the witness to give that evidence, the court may order the witness to do so.

(4) An application for an order under paragraph (3) may be made by the person who obtained the order under section 2 of the 1975 Act.

(5) Where such evidence is taken—

(a)it must be contained in a document separate from the remainder of the deposition;

(b)the examiner will send to the Senior Master—

(i)the deposition; and

(ii)a signed statement setting out the claim to be exempt and the ground on which it was made.

(6) On receipt of the statement referred to in paragraph (5)(b)(ii), the Senior Master will—

(a)retain the document containing the part of the witness’s evidence to which the claim to be exempt relates; and

(b)send the statement and a request to determine that claim to the foreign court or tribunal together with the documents referred to in rule 34.17.

(7) The Senior Master will—

(a)if the claim to be exempt is rejected by the foreign court or tribunal, send the document referred to in paragraph (5)(a) to that court or tribunal;

(b)if the claim is upheld, send the document to the witness; and

(c)in either case, notify the witness and person who obtained the order under section 2 of the foreign court or tribunal’s decision.

Order under 1975 Act as applied by Patents Act 1977E+W

34.21  Where an order is made for the examination of witnesses under section 1 of the 1975 Act as applied by section 92 of the Patents Act 1977 the court may permit an officer of the European Patent Office to—

(a)attend the examination and examine the witnesses; or

(b)request the court or the examiner before whom the examination takes place to put specified questions to them.]

[F295III TAKING OF EVIDENCE—MEMBER STATES OF THE EUROPEAN UNIONE+W

Textual Amendments

InterpretationE+W

34.22  In this Section—

(a)“designated court” has the meaning given in the relevant practice direction;

(b)“Regulation State” has the same meaning as “Member State” in the Taking of Evidence Regulation, that is all Member States except Denmark;

(c)“the Taking of Evidence Regulation” means Council Regulation (EC) No. 1206/2001 of 28 May 2001 on co-operation between the courts of the Member States in the taking of evidence in civil and commercial matters.

  • (The Taking of Evidence Regulation is annexed to the relevant practice direction)

Where a person to be examined is in another Regulation StateE+W

34.23—(1) [F296Subject to rule 34.13A, this] rule applies where a party wishes to take a deposition from a person [F297who is in another Regulation State].

(2) The court may order the issue of a request to a designated court (“the requested court”) in the Regulation State in which the proposed deponent is.

(3) If the court makes an order for the issue of a request, the party who sought the order must file—

(a)a draft Form A as set out in the annex to the Taking of Evidence Regulation (request for the taking of evidence);

(b)except where paragraph (4) applies, a translation of the form;

(c)an undertaking to be responsible for costs sought by the requested court in relation to—

(i)fees paid to experts and interpreters; and

(ii)where requested by that party, the use of special procedures or communications technology; and

(d)an undertaking to be responsible for the court’s expenses.

(4) There is no need to file a translation if—

(a)English is one of the official languages of the Regulation State where the examination is to take place; or

(b)the Regulation State has indicated, in accordance with the Taking of Evidence Regulation, that English is a language which it will accept.

(5) Where article 17 of the Taking of Evidence Regulation (direct taking of evidence by the requested court) allows evidence to be taken directly in another Regulation State, the court may make an order for the submission of a request in accordance with that article.

(6) If the court makes an order for the submission of a request under paragraph (5), the party who sought the order must file—

(a)a draft Form I as set out in the annex to the Taking of Evidence Regulation (request for direct taking of evidence);

(b)except where paragraph (4) applies, a translation of the form; and

(c)an undertaking to be responsible for the court’s expenses.

Textual Amendments

Evidence for courts of other Regulation StatesE+W

34.24—(1) This rule applies where a court in another Regulation State (“the requesting court”) issues a request for evidence to be taken from a person who is in the jurisdiction.

(2) An application for an order for evidence to be taken—

(a)must be made to a designated court;

(b)must be accompanied by—

(i)the form of request for the taking of evidence as a result of which the application is made; and

(ii)where appropriate, a translation of the form of request; and

(c)may be made without notice.

(3) Rule 34.18(1) and (2) apply.

(4) The examiner must send—

(a)the deposition to the court for transmission to the requesting court; and

(b)a copy of the deposition to the person who obtained the order for evidence to be taken.]

PART 35E+WEXPERTS AND ASSESSORS

Contents of this Part

Duty to restrict expert evidenceRule 35.1
InterpretationRule 35.2
Experts—overriding duty to the courtRule 35.3
Court’s power to restrict expert evidenceRule 35.4
General requirement for expert evidence to be given in written reportRule 35.5
Written questions to expertsRule 35.6
Court’s power to direct that evidence is to be given by a single joint expertRule 35.7
Instructions to a single joint expertRule 35.8
Power of court to direct party to provide informationRule 35.9
Contents of reportRule 35.10
Use by one party of expert’s report disclosed by anotherRule 35.11
Discussions between expertsRule 35.12
Consequence of failure to disclose expert’s reportRule 35.13
Expert’s right to ask court for directionsRule 35.14
AssessorsRule 35.15

Duty to restrict expert evidenceE+W

35.1  Expert evidence shall be restricted to that which is reasonably required to resolve the proceedings.

Commencement Information

I265Rule 35.1 in force at 26.4.1999, see Signature

InterpretationE+W

35.2  A reference to an “expert” in this Part is a reference to an expert who has been instructed to give or prepare evidence for the purpose of court proceedings.

Commencement Information

I266Rule 35.2 in force at 26.4.1999, see Signature

Experts—overriding duty to the courtE+W

35.3—(1) It is the duty of an expert to help the court on the matters within his expertise.

(2) This duty overrides any obligation to the person from whom he has received instructions or by whom he is paid.

Commencement Information

I267Rule 35.3 in force at 26.4.1999, see Signature

Court’s power to restrict expert evidenceE+W

35.4—(1) No party may call an expert or put in evidence an expert’s report without the court’s permission.

(2) When a party applies for permission under this rule he must identify—

(a)the field in which he wishes to rely on expert evidence; and

(b)where practicable the expert in that field on whose evidence he wishes to rely.

(3) If permission is granted under this rule it shall be in relation only to the expert named or the field identified under paragraph (2).

(4) The court may limit the amount of the expert’s fees and expenses that the party who wishes to rely on the expert may recover from any other party.

Commencement Information

I268Rule 35.4 in force at 26.4.1999, see Signature

General requirement for expert evidence to be given in a written reportE+W

35.5—(1) Expert evidence is to be given in a written report unless the court directs otherwise.

(2) If a claim is on the fast track, the court will not direct an expert to attend a hearing unless it is necessary to do so in the interests of justice.

Commencement Information

I269Rule 35.5 in force at 26.4.1999, see Signature

Written questions to expertsE+W

35.6—(1) A party may put to—

(a)an expert instructed by another party; or

(b)a single joint expert appointed under rule 35.7,

written questions about his report.

(2) Written questions under paragraph (1)—

(a)may be put once only;

(b)must be put within 28 days of service of the expert’s report; and

(c)must be for the purpose only of clarification of the report,

unless in any case,

(i)the court gives permission; or

(ii)the other party agrees.

(3) An expert’s answers to questions put in accordance with paragraph (1) shall be treated as part of the expert’s report.

(4) Where—

(a)a party has put a written question to an expert instructed by another party in accordance with this rule; and

(b)the expert does not answer that question,

the court may make one or both of the following orders in relation to the party who instructed the expert—

(i)that the party may not rely on the evidence of that expert; or

(ii)that the party may not recover the fees and expenses of that expert from any other party.

Commencement Information

I270Rule 35.6 in force at 26.4.1999, see Signature

Court’s power to direct that evidence is to be given by a single joint expertE+W

35.7—(1) Where two or more parties wish to submit expert evidence on a particular issue, the court may direct that the evidence on that issue is to given by one expert only.

(2) The parties wishing to submit the expert evidence are called “the instructing parties”.

(3) Where the instructing parties cannot agree who should be the expert, the court may—

(a)select the expert from a list prepared or identified by the instructing parties; or

(b)direct that the expert be selected in such other manner as the court may direct.

Commencement Information

I271Rule 35.7 in force at 26.4.1999, see Signature

Instructions to a single joint expertE+W

35.8—(1) Where the court gives a direction under rule 35.7 for a single joint expert to be used, each instructing party may give instructions to the expert.

(2) When an instructing party gives instructions to the expert he must, at the same time, send a copy of the instructions to the other instructing parties.

(3) The court may give directions about—

(a)the payment of the expert’s fees and expenses; and

(b)any inspection, examination or experiments which the expert wishes to carry out.

(4) The court may, before an expert is instructed—

(a)limit the amount that can be paid by way of fees and expenses to the expert; and

(b)direct that the instructing parties pay that amount into court.

(5) Unless the court otherwise directs, the instructing parties are jointly and severally liable(GL) for the payment of the expert’s fees and expenses.

Commencement Information

I272Rule 35.8 in force at 26.4.1999, see Signature

Power of court to direct a party to provide informationE+W

35.9  Where a party has access to information which is not reasonably available to the other party, the court may direct the party who has access to the information to—

(a)prepare and file a document recording the information; and

(b)serve a copy of that document on the other party.

Commencement Information

I273Rule 35.9 in force at 26.4.1999, see Signature

Contents of reportE+W

35.10—(1) An expert’s report must comply with the requirements set out in the relevant practice direction.

(2) At the end of an expert’s report there must be a statement that—

(a)the expert understands his duty to the court; and

(b)he has complied with that duty.

(3) The expert’s report must state the substance of all material instructions, whether written or oral, on the basis of which the report was written.

(4) The instructions referred to in paragraph (3) shall not be privileged(GL) against disclosure but the court will not, in relation to those instructions—

(a)order disclosure of any specific document; or

(b)permit any questioning in court, other than by the party who instructed the expert,

unless it is satisfied that there are reasonable grounds to consider the statement of instructions given under paragraph (3) to be inaccurate or incomplete.

Commencement Information

I274Rule 35.10 in force at 26.4.1999, see Signature

Use by one party of expert’s report disclosed by anotherE+W

35.11  Where a party has disclosed an expert’s report, any party may use that expert’s report as evidence at the trial.

Commencement Information

I275Rule 35.11 in force at 26.4.1999, see Signature

Discussions between expertsE+W

35.12—(1) The court may, at any stage, direct a discussion between experts for the purpose of requiring the experts to—

[F298(a)identify and discuss the expert issues in the proceedings; and

(b)where possible, reach an agreed opinion on those issues.]

(2) The court may specify the issues which the experts must discuss.

(3) The court may direct that following a discussion between the experts they must prepare a statement for the court showing—

(a)those issues on which they agree; and

(b)those issues on which they disagree and a summary of their reasons for disagreeing.

(4) The content of the discussion between the experts shall not be referred to at the trial unless the parties agree.

(5) Where experts reach agreement on an issue during their discussions, the agreement shall not bind the parties unless the parties expressly agree to be bound by the agreement.

Textual Amendments

Commencement Information

I276Rule 35.12 in force at 26.4.1999, see Signature

Consequence of failure to disclose expert’s reportE+W

35.13  A party who fails to disclose an expert’s report may not use the report at the trial or call the expert to give evidence orally unless the court gives permission.

Commencement Information

I277Rule 35.13 in force at 26.4.1999, see Signature

Expert’s right to ask court for directionsE+W

35.14—(1) An expert may file a written request for directions to assist him in carrying out his function as an expert.

[F299(2) An expert must, unless the court orders otherwise, provide a copy of any proposed request for directions under paragraph (1)—

(a)to the party instructing him, at least 7 days before he files the request; and

(b)to all other parties, at least 4 days before he files it.]

(3) The court, when it gives directions, may also direct that a party be served with [F300a copy of the directions.]

F301(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F301(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I278Rule 35.14 in force at 26.4.1999, see Signature

AssessorsE+W

35.15—(1) This rule applies where the court appoints one or more persons (an “assessor”) under section 70 of the Supreme Court Act 1981(37) or section 63 of the County Courts Act 1984(38).

(2) The assessor shall assist the court in dealing with a matter in which the assessor has skill and experience.

(3) An assessor shall take such part in the proceedings as the court may direct and in particular the court may—

(a)direct the assessor to prepare a report for the court on any matter at issue in the proceedings; and

(b)direct the assessor to attend the whole or any part of the trial to advise the court on any such matter.

(4) If the assessor prepares a report for the court before the trial has begun—

(a)the court will send a copy to each of the parties; and

(b)the parties may use it at trial.

(5) The remuneration to be paid to the assessor for his services shall be determined by the court and shall form part of the costs of the proceedings.

(6) The court may order any party to deposit in the court office a specified sum in respect of the assessor’s fees and, where it does so, the assessor will not be asked to act until the sum has been deposited.

(7) Paragraphs (5) and (6) do not apply where the remuneration of the assessor is to be paid out of money provided by Parliament.

Modifications etc. (not altering text)

Commencement Information

I279Rule 35.15 in force at 26.4.1999, see Signature

[F302PART 36E+WOFFERS TO SETTLE

Textual Amendments

Contents of this Part

Scope of this PartRule 36.1
Form and content of a Part 36 offerRule 36.2
Part 36 offers – general provisionsRule 36.3
Part 36 offers – defendants’ offersRule 36.4
Personal injury claims for future pecuniary lossRule 36.5
Offer to settle a claim for provisional damagesRule 36.6
Time when a Part 36 offer is made and acceptedRule 36.7
Clarification of a Part 36 offerRule 36.8
Acceptance of a Part 36 offerRule 36.9
Costs consequences of acceptance of a Part 36 offerRule 36.10
The effect of acceptance of a Part 36 offerRule 36.11
Acceptance of a Part 36 offer made by one or more, but not all, defendantsRule 36.12
Restriction on disclosure of a Part 36 offerRule 36.13
Costs consequences following judgmentRule 36.14
Deduction of benefitsRule 36.15

Scope of this PartE+W

36.1—(1) This Part contains rules about—

(a)offers to settle; and

(b)the consequences where an offer to settle is made in accordance with this Part.

(2) Nothing in this Part prevents a party making an offer to settle in whatever way he chooses, but if the offer is not made in accordance with rule 36.2, it will not have the consequences specified in rules 36.10, 36.11 and 36.14.

(Rule 44.3 requires the court to consider an offer to settle that does not have the costs consequences set out in this Part in deciding what order to make about costs)

Form and content of a Part 36 offerE+W

36.2—(1) An offer to settle which is made in accordance with this rule is called a Part 36 offer.

(2) A Part 36 offer must—

(a)be in writing;

(b)state on its face that it is intended to have the consequences of Part 36;

(c)specify a period of not less than 21 days within which the defendant will be liable for the claimant’s costs in accordance with rule 36.10 if the offer is accepted;

(d)state whether it relates to the whole of the claim or to part of it or to an issue that arises in it and if so to which part or issue; and

(e)state whether it takes into account any counterclaim.

(Rule 36.7 makes provision for when a Part 36 offer is made)

(3) Rule 36.2(2)(c) does not apply if the offer is made less than 21 days before the start of the trial.

(4) In appropriate cases, a Part 36 offer must contain such further information as is required by rule 36.5 (Personal injury claims for future pecuniary loss), rule 36.6 (Offer to settle a claim for provisional damages), and rule 36.15 (Deduction of benefits).

(5) An offeror may make a Part 36 offer solely in relation to liability.

Part 36 offers – general provisionsE+W

36.3—(1) In this Part—

(a)the party who makes an offer is the ‘offeror’;

(b)the party to whom an offer is made is the ‘offeree’; and

(c)‘the relevant period’ means—

(i)in the case of an offer made not less than 21 days before trial, the period stated under rule 36.2(2)(c) or such longer period as the parties agree;

(ii)otherwise, the period up to end of the trial or such other period as the court has determined.

(2) A Part 36 offer—

(a)may be made at any time, including before the commencement of proceedings; and

(b)may be made in appeal proceedings.

(3) A Part 36 offer which offers to pay or offers to accept a sum of money will be treated as inclusive of all interest until—

(a)the date on which the period stated under rule 36.2(2)(c) expires; or

(b)if rule 36.2(3) applies, a date 21 days after the date the offer was made.

(4) A Part 36 offer shall have the consequences set out in this Part only in relation to the costs of the proceedings in respect of which it is made, and not in relation to the costs of any appeal from the final decision in those proceedings.

(5) Before expiry of the relevant period, a Part 36 offer may be withdrawn or its terms changed to be less advantageous to the offeree, only if the court gives permission.

(6) After expiry of the relevant period and provided that the offeree has not previously served notice of acceptance, the offeror may withdraw the offer or change its terms to be less advantageous to the offeree without the permission of the court.

(7) The offeror does so by serving written notice of the withdrawal or change of terms on the offeree.

(Rule 36.14(6) deals with the costs consequences following judgment of an offer that is withdrawn)

Part 36 offers – defendants’ offersE+W

36.4—(1) Subject to rule 36.5(3) and rule 36.6(1), a Part 36 offer by a defendant to pay a sum of money in settlement of a claim must be an offer to pay a single sum of money.

(2) But, an offer that includes an offer to pay all or part of the sum, if accepted, at a date later than 14 days following the date of acceptance will not be treated as a Part 36 offer unless the offeree accepts the offer.

Personal injury claims for future pecuniary lossE+W

36.5—(1) This rule applies to a claim for damages for personal injury which is or includes a claim for future pecuniary loss.

(2) An offer to settle such a claim will not have the consequences set out in rules 36.10, 36.11 and 36.14 unless it is made by way of a Part 36 offer under this rule.

(3) A Part 36 offer to which this rule applies may contain an offer to pay, or an offer to accept—

(a)the whole or part of the damages for future pecuniary loss in the form of—

(i)a lump sum; or

(ii)periodical payments; or

(iii)both a lump sum and periodical payments;

(b)the whole or part of any other damages in the form of a lump sum.

(4) A Part 36 offer to which this rule applies—

(a)must state the amount of any offer to pay the whole or part of any damages in the form of a lump sum;

(b)may state—

(i)what part of the lump sum, if any, relates to damages for future pecuniary loss; and

(ii)what part relates to other damages to be accepted in the form of a lump sum;

(c)must state what part of the offer relates to damages for future pecuniary loss to be paid or accepted in the form of periodical payments and must specify—

(i)the amount and duration of the periodical payments;

(ii)the amount of any payments for substantial capital purchases and when they are to be made; and

(iii)that each amount is to vary by reference to the retail prices index (or to some other named index, or that it is not to vary by reference to any index); and

(d)must state either that any damages which take the form of periodical payments will be funded in a way which ensures that the continuity of payment is reasonably secure in accordance with section 2(4) of the Damages Act 1996 or how such damages are to be paid and how the continuity of their payment is to be secured.

(5) Rule 36.4 applies to the extent that a Part 36 offer by a defendant under this rule includes an offer to pay all or part of any damages in the form of a lump sum.

(6) Where the offeror makes a Part 36 offer to which this rule applies and which offers to pay or to accept damages in the form of both a lump sum and periodical payments, the offeree may only give notice of acceptance of the offer as a whole.

(7) If the offeree accepts a Part 36 offer which includes payment of any part of the damages in the form of periodical payments, the claimant must, within 7 days of the date of acceptance, apply to the court for an order for an award of damages in the form of periodical payments under rule 41.8.

(A practice direction supplementing Part 41 contains information about periodical payments under the Damages Act 1996)

Offer to settle a claim for provisional damagesE+W

36.6—(1) An offeror may make a Part 36 offer in respect of a claim which includes a claim for provisional damages.

(2) Where he does so, the Part 36 offer must specify whether or not the offeror is proposing that the settlement shall include an award of provisional damages.

(3) Where the offeror is offering to agree to the making of an award of provisional damages the Part 36 offer must also state—

(a)that the sum offered is in satisfaction of the claim for damages on the assumption that the injured person will not develop the disease or suffer the type of deterioration specified in the offer;

(b)that the offer is subject to the condition that the claimant must make any claim for further damages within a limited period; and

(c)what that period is.

(4) Rule 36.4 applies to the extent that a Part 36 offer by a defendant includes an offer to agree to the making of an award of provisional damages.

(5) If the offeree accepts the Part 36 offer, the claimant must, within 7 days of the date of acceptance, apply to the court for an order for an award of provisional damages under rule 41.2.

Time when a Part 36 offer is madeE+W

36.7—(1) A Part 36 offer is made when it is served on the offeree.

(2) A change in the terms of a Part 36 offer will be effective when notice of the change is served on the offeree.

(Rule 36.3 makes provision about when permission is required to change the terms of an offer to make it less advantageous to the offeree)

Clarification of a Part 36 offerE+W

36.8—(1) The offeree may, within 7 days of a Part 36 offer being made, request the offeror to clarify the offer.

(2) If the offeror does not give the clarification requested under paragraph (1) within 7 days of receiving the request, the offeree may, unless the trial has started, apply for an order that he does so.

(Part 23 contains provisions about making an application to the court)

(3) If the court makes an order under paragraph (2), it must specify the date when the Part 36 offer is to be treated as having been made.

Acceptance of a Part 36 offerE+W

36.9—(1) A Part 36 offer is accepted by serving written notice of the acceptance on the offeror.

(2) Subject to rule 36.9(3), a Part 36 offer may be accepted at any time (whether or not the offeree has subsequently made a different offer) unless the offeror serves notice of withdrawal on the offeree.

[F303(Rule 21.10 deals with compromise etc. by or on behalf of a child or protected party.)]

(3) The court’s permission is required to accept a Part 36 offer where—

(a)rule 36.12(4) applies;

(b)rule 36.15(3)(b) applies, the relevant period has expired and further deductible benefits have been paid to the claimant since the date of the offer;

(c)an apportionment is required under rule 41.3A; or

(d)the trial has started.

(Rule 36.12 deals with offers by some but not all of multiple defendants)

(Rule 36.15 deals with recoverable benefits and deductible benefits)

(Rule 41.3A requires an apportionment in proceedings under the Fatal Accidents Act 1976 and Law Reform (Miscellaneous Provisions) Act 1934)

(4) Where the court gives permission under paragraph (3), unless all the parties have agreed costs, the court will make an order dealing with costs, and may order that the costs consequences set out in rule 36.10 will apply.

(5) Unless the parties agree, a Part 36 offer may not be accepted after the end of the trial but before judgment is handed down.

Textual Amendments

Costs consequences of acceptance of a Part 36 offerE+W

36.10—(1) Subject to paragraph (2) and paragraph (4)(a), where a Part 36 offer is accepted within the relevant period the claimant will be entitled to his costs of the proceedings up to the date on which notice of acceptance was served on the offeror.

(2) Where—

(a)a defendant’s Part 36 offer relates to part only of the claim; and

(b)at the time of serving notice of acceptance within the relevant period the claimant abandons the balance of the claim,

the claimant will be entitled to his costs of the proceedings up to the date of serving notice of acceptance unless the court orders otherwise.

(3) Costs under paragraphs (1) and (2) of this rule will be assessed on the standard basis if the amount of costs is not agreed.

(Rule 44.4(2) explains the standard basis for assessment of costs)

(4) Where—

(a)a Part 36 offer that was made less than 21 days before the start of trial is accepted; or

(b)a Part 36 offer is accepted after expiry of the relevant period,

if the parties do not agree the liability for costs, the court will make an order as to costs.

(5) Where paragraph (4)(b) applies, unless the court orders otherwise—

(a)the claimant will be entitled to his costs of the proceedings up to the date on which the relevant period expired; and

(b)the offeree will be liable for the offeror’s costs for the period from the date of expiry of the relevant period to the date of acceptance.

(6) The claimant’s costs include any costs incurred in dealing with the defendant’s counterclaim if the Part 36 offer states that it takes into account the counterclaim.

The effect of acceptance of a Part 36 offerE+W

36.11—(1) If a Part 36 offer is accepted, the claim will be stayed (GL).

(2) In the case of acceptance of a Part 36 offer which relates to the whole claim the stay (GL) will be upon the terms of the offer.

(3) If a Part 36 offer which relates to part only of the claim is accepted—

(a)the claim will be stayed (GL) as to that part upon the terms of the offer; and

(b)subject to rule 36.10(2), unless the parties have agreed costs, the liability for costs shall be decided by the court.

(4) If the approval of the court is required before a settlement can be binding, any stay (GL) which would otherwise arise on the acceptance of a Part 36 offer will take effect only when that approval has been given.

(5) Any stay (GL) arising under this rule will not affect the power of the court—

(a)to enforce the terms of a Part 36 offer;

(b)to deal with any question of costs (including interest on costs) relating to the proceedings.

(6) Unless the parties agree otherwise in writing, where a Part 36 offer by a defendant that is or that includes an offer to pay a single sum of money is accepted, that sum must be paid to the offeree within 14 days of the date of—

(a)acceptance; or

(b)the order when the court makes an order under rule 41.2 (order for an award of provisional damages) or rule 41.8 (order for an award of periodical payments), unless the court orders otherwise.

(7) If the accepted sum is not paid within 14 days or such other period as has been agreed the offeree may enter judgment for the unpaid sum.

(8) Where—

(a)a Part 36 offer (or part of a Part 36 offer) which is not an offer to which paragraph (6) applies is accepted; and

(b)a party alleges that the other party has not honoured the terms of the offer,

that party may apply to enforce the terms of the offer without the need for a new claim.

Acceptance of a Part 36 offer made by one or more, but not all, defendantsE+W

36.12—(1) This rule applies where the claimant wishes to accept a Part 36 offer made by one or more, but not all, of a number of defendants.

(2) If the defendants are sued jointly or in the alternative, the claimant may accept the offer if—

(a)he discontinues his claim against those defendants who have not made the offer; and

(b)those defendants give written consent to the acceptance of the offer.

(3) If the claimant alleges that the defendants have a several liability (GL) to him, the claimant may—

(a)accept the offer; and

(b)continue with his claims against the other defendants if he is entitled to do so.

(4) In all other cases the claimant must apply to the court for an order permitting him to accept the Part 36 offer.

Restriction on disclosure of a Part 36 offerE+W

36.13—(1) A Part 36 offer will be treated as ‘without prejudice (GL) except as to costs’.

(2) The fact that a Part 36 offer has been made must not be communicated to the trial judge or to the judge (if any) allocated in advance to conduct the trial until the case has been decided.

(3) Paragraph (2) does not apply—

(a)where the defence of tender before claim (GL) has been raised;

(b)where the proceedings have been stayed (GL) under rule 36.11 following acceptance of a Part 36 offer; or

(c)where the offeror and the offeree agree in writing that it should not apply.

Costs consequences following judgmentE+W

36.14—(1) This rule applies where upon judgment being entered—

(a)a claimant fails to obtain a judgment more advantageous than a defendant’s Part 36 offer; or

(b)judgment against the defendant is at least as advantageous to the claimant as the proposals contained in a claimant’s Part 36 offer.

(2) Subject to paragraph (6), where rule 36.14(1)(a) applies, the court will, unless it considers it unjust to do so, order that the defendant is entitled to—

(a)his costs from the date on which the relevant period expired; and

(b)interest on those costs.

(3) Subject to paragraph (6), where rule 36.14(1)(b) applies, the court will, unless it considers it unjust to do so, order that the claimant is entitled to—

(a)interest on the whole or part of any sum of money (excluding interest) awarded at a rate not exceeding 10% above base rate (GL) for some or all of the period starting with the date on which the relevant period expired;

(b)his costs on the indemnity basis from the date on which the relevant period expired; and

(c)interest on those costs at a rate not exceeding 10% above base rate (GL).

(4) In considering whether it would be unjust to make the orders referred to in paragraphs (2) and (3) above, the court will take into account all the circumstances of the case including—

(a)the terms of any Part 36 offer;

(b)the stage in the proceedings when any Part 36 offer was made, including in particular how long before the trial started the offer was made;

(c)the information available to the parties at the time when the Part 36 offer was made; and

(d)the conduct of the parties with regard to the giving or refusing to give information for the purposes of enabling the offer to be made or evaluated.

(5) Where the court awards interest under this rule and also awards interest on the same sum and for the same period under any other power, the total rate of interest may not exceed 10% above base rate (GL).

(6) Paragraphs (2) and (3) of this rule do not apply to a Part 36 offer—

(a)that has been withdrawn;

(b)that has been changed so that its terms are less advantageous to the offeree, and the offeree has beaten the less advantageous offer;

(c)made less than 21 days before trial, unless the court has abridged the relevant period.

(Rule 44.3 requires the court to consider an offer to settle that does not have the costs consequences set out in this Part in deciding what order to make about costs)

Deduction of benefitsE+W

36.15—(1) This rule applies where a payment to a claimant following acceptance of a Part 36 offer would be a compensation payment as defined in section 1 of the Social Security (Recovery of Benefits) Act 1997.

(2) In this rule, and in rule 36.9—

(a)‘recoverable benefits’ means any of the benefits referred to in section 1, sub-section (1)(b) of the 1997 Act; and

(b)‘deductible benefits’ means any benefits by the amount of which damages are to be reduced in accordance with section 8 and Schedule 2 to the 1997 Act.

(3) A defendant who makes a Part 36 offer should state either—

(a)that the offer is made without regard to any liability for recoverable benefits; or

(b)that it is intended to include any deductible benefits.

(4) Where paragraph (3)(b) applies, paragraphs (5) to (9) of this rule will apply to the Part 36 offer.

(5) Before making the Part 36 offer, the offeror must apply for a certificate of recoverable benefits.

(6) Subject to paragraph (7), the Part 36 offer must state—

(a)the amount of gross compensation;

(b)the name and amount of any deductible benefit by which that gross amount is reduced; and

(c)the net amount after deduction of the amount of benefit.

(7) If at the time he makes the Part 36 offer, the offeror has applied for, but not received a certificate of recoverable benefits, he must clarify the offer by stating the matters referred to in paragraphs (6)(b) and (6)(c) not more than 7 days after he receives the certificate.

(8) For the purposes of rule 36.14(1)(a), a claimant fails to recover more than any sum offered (including a lump sum offered under rule 36.5) if he fails upon judgment being entered to recover a sum, once deductible benefits identified in the judgment have been deducted, greater than the net amount stated under paragraph (6)(c).

(Section 15 of the Social Security (Recovery of Benefits) Act 1997 provides that the court must specify the compensation payment attributable to each head of damage)

(9) Where—

(a)further deductible benefits have accrued since the Part 36 offer was made; and

(b)the court gives permission to accept the Part 36 offer,

the court may direct that the amount of the offer payable to the offeree shall be reduced by a sum equivalent to the deductible benefits paid to the claimant since the date of the offer.

(Rule 36.9(3)(b) states that permission is required to accept an offer where the relevant period has expired and further deductible benefits have been paid to the claimant)]

[F304PART 37E+WMISCELLANEOUS PROVISIONS ABOUT PAYMENTS INTO COURT

Textual Amendments

Contents of this Part

Money paid into court under a court orderRule 37.1
Money paid into court where defendant wishes to rely on a defence of tender before claimRule 37.2
Payment out of money paid into courtRule 37.3
Payment into court under enactmentsRule 37.4

Money paid into court under a court orderE+W

37.1  A party who makes a payment into court under a court order must—

(a)serve notice of the payment on every other party; and

(b)in relation to each such notice, file a certificate of service.

Money paid into court where defendant wishes to rely on a defence of tender before claimE+W

37.2—(1) Where a defendant wishes to rely on a defence of tender before claim (GL) he must make a payment into court of the amount he says was tendered.

(2) If the defendant does not make a payment in accordance with paragraph (1), the defence of tender before claim will not be available to him until he does so.

Payment out of money paid into courtE+W

37.3  Money paid into court under a court order or in support of a defence of tender before claim (GL) may not be paid out without the court’s permission except where—

(a)a Part 36 offer is accepted without needing the permission of the court; and

(b)the defendant agrees that a sum paid into court by him should be used to satisfy the offer (in whole or in part).

(Rule 36.9 sets out when the court’s permission is required to accept a Part 36 offer)

Payment into court under enactmentsE+W

37.4  A practice direction may set out special provisions with regard to payments into court under various enactments.]

PART 38E+WDISCONTINUANCE

Contents of this Part

Scope of this PartRule 38.1
Right to discontinue claimRule 38.2
Procedure for discontinuingRule 38.3
Right to apply to have notice of discontinuance set asideRule 38.4
When discontinuance takes effect where permission of the court is not neededRule 38.5
Liability for costsRule 38.6
Discontinuance and subsequent proceedingsRule 38.7
Stay of remainder of partly discontinued proceedings where costs not paidRule 38.8

Scope of this PartE+W

38.1—(1) The rules in this Part set out the procedure by which a claimant may discontinue all or part of a claim.

(2) A claimant who—

(a)claims more than one remedy; and

(b)subsequently abandons his claim to one or more of the remedies but continues with his claim for the other remedies,

is not treated as discontinuing all or part of a claim for the purposes of this Part.

(The procedure for amending a statement of case, set out in Part 17, applies where a claimant abandons a claim for a particular remedy but wishes to continue with his claim for other remedies)

Commencement Information

I280Rule 38.1 in force at 26.4.1999, see Signature

Right to discontinue claimE+W

38.2—(1) A claimant may discontinue all or part of a claim at any time.

(2) However—

(a)a claimant must obtain the permission of the court if he wishes to discontinue all or part of a claim in relation to which—

(i)the court has granted an interim injunction(GL); or

(ii)any party has given an undertaking to the court;

(b)where the claimant has received an interim payment in relation to a claim (whether voluntarily or pursuant to an order under Part 25), he may discontinue that claim only if—

(i)the defendant who made the interim payment consents in writing; or

(ii)the court gives permission;

(c)where there is more than one claimant, a claimant may not discontinue unless—

(i)every other claimant consents in writing; or

(ii)the court gives permission.

(3) Where there is more than one defendant, the claimant may discontinue all or part of a claim against all or any of the defendants.

Commencement Information

I281Rule 38.2 in force at 26.4.1999, see Signature

Procedure for discontinuingE+W

38.3—(1) To discontinue a claim or part of a claim, a claimant must—

(a)file a notice of discontinuance; and

(b)serve a copy of it on every other party to the proceedings.

(2) The claimant must state in the notice of discontinuance which he files that he has served notice of discontinuance on every other party to the proceedings.

(3) Where the claimant needs the consent of some other party, a copy of the necessary consent must be attached to the notice of discontinuance.

(4) Where there is more than one defendant, the notice of discontinuance must specify against which defendants the claim is discontinued.

Commencement Information

I282Rule 38.3 in force at 26.4.1999, see Signature

Right to apply to have notice of discontinuance set asideE+W

38.4—(1) Where the claimant discontinues under rule 38.2(1) the defendant may apply to have the notice of discontinuance set aside(GL).

(2) The defendant may not make an application under this rule more than 28 days after the date when the notice of discontinuance was served on him.

Commencement Information

I283Rule 38.4 in force at 26.4.1999, see Signature

When discontinuance takes effect where permission of the court is not neededE+W

38.5—(1) Discontinuance against any defendant takes effect on the date when notice of discontinuance is served on him under rule 38.3(1).

(2) Subject to rule 38.4, the proceedings are brought to an end as against him on that date.

(3) However, this does not affect proceedings to deal with any question of costs.

Commencement Information

I284Rule 38.5 in force at 26.4.1999, see Signature

Liability for costsE+W

38.6—(1) Unless the court orders otherwise, a claimant who discontinues is liable for the costs which a defendant against whom he discontinues incurred on or before the date on which notice of discontinuance was served on him.

(2) If proceedings are only partly discontinued—

(a)the claimant is liable under paragraph (1) for costs relating only to the part of the proceedings which he is discontinuing; and

(b)unless the court orders otherwise, the costs which the claimant is liable to pay must not be assessed until the conclusion of the rest of the proceedings.

(3) This rule does not apply to claims allocated to the small claims track.

(Rule 44.12 provides for the basis of assessment where right to costs arises on discontinuance)

Commencement Information

I285Rule 38.6 in force at 26.4.1999, see Signature

Discontinuance and subsequent proceedingsE+W

38.7  A claimant who discontinues a claim needs the permission of the court to make another claim against the same defendant if—

(a)he discontinued the claim after the defendant filed a defence; and

(b)the other claim arises out of facts which are the same or substantially the same as those relating to the discontinued claim.

Commencement Information

I286Rule 38.7 in force at 26.4.1999, see Signature

Stay of remainder of partly discontinued proceedings where costs not paidE+W

38.8—(1) This rule applies where—

(a)proceedings are partly discontinued;

(b)a claimant is liable to pay costs under rule 38.6; and

(c)the claimant fails to pay those costs within [F30514] days of—

(i)the date on which the parties agreed the sum payable by the claimant; or

(ii)the date on which the court ordered the costs to be paid.

(2) Where this rule applies, the court may stay(GL) the remainder of the proceedings until the claimant pays the whole of the costs which he is liable to pay under rule 38.6

Textual Amendments

Commencement Information

I287Rule 38.8 in force at 26.4.1999, see Signature

PART 39E+WMISCELLANEOUS PROVISIONS RELATING TO HEARINGS

Contents of this Part

InterpretationRule 39.1
General rule—hearing to be in publicRule 39.2
Failure to attend the trialRule 39.3
Timetable for trialRule 39.4
Trial bundlesRule 39.5
Representation at trial of companies or other corporationsRule 39.6
Impounded documentsRule 39.7

InterpretationE+W

39.1  In this Part, reference to a hearing includes a reference to the trial.

Commencement Information

I288Rule 39.1 in force at 26.4.1999, see Signature

General rule—hearing to be in publicE+W

39.2—(1) The general rule is that a hearing is to be in public.

(2) The requirement for a hearing to be in public does not require the court to make special arrangements for accommodating members of the public.

(3) A hearing, or any part of it, may be in private if—

(a)publicity would defeat the object of the hearing;

(b)it involves matters relating to national security;

(c)it involves confidential information (including information relating to personal financial matters) and publicity would damage that confidentiality;

(d)a private hearing is necessary to protect the interests of any child or [F306protected party];

(e)it is a hearing of an application made without notice and it would be unjust to any respondent for there to be a public hearing;

(f)it involves uncontentious matters arising in the administration of trusts or in the administration of a deceased person’s estate; or

(g)the court considers this to be necessary, in the interests of justice.

(4) The court may order that the identity of any party or witness must not be disclosed if it considers non-disclosure necessary in order to protect the interests of that party or witness.

Textual Amendments

F306Words in rule 39.2(3)(d) substituted (1.10.2007) by The Civil Procedure (Amendment) Rules 2007 (S.I. 2007/2204), rules 1, 12

Commencement Information

I289Rule 39.2 in force at 26.4.1999, see Signature

Failure to attend the trialE+W

39.3—(1) The court may proceed with a trial in the absence of a party but—

(a)if no party attends the trial, it may strike out(GL) the whole of the proceedings;

(b)if the claimant does not attend, it may strike out his claim and any defence to counterclaim; and

(c)if a defendant does not attend, it may strike out his defence or counterclaim (or both).

(2) Where the court strikes out proceedings, or any part of them, under this rule, it may subsequently restore the proceedings, or that part.

(3) Where a party does not attend and the court gives judgment or makes an order against him, the party who failed to attend may apply for the judgment or order to be set aside(GL).

(4) An application under paragraph (2) or paragraph (3) F307... must be supported by evidence.

(5) Where an application is made under paragraph (2) or (3) by a party who failed to attend the trial, the court may grant the application only if the applicant—

(a)acted promptly when he found out that the court had exercised its power to strike out(GL) or to enter judgment or make an order against him;

(b)had a good reason for not attending the trial; and

(c)has a reasonable prospect of success at the trial.

Textual Amendments

Commencement Information

I290Rule 39.3 in force at 26.4.1999, see Signature

Timetable for trialE+W

39.4  When the court sets a timetable for a trial in accordance with rule 28.6 (fixing or confirming the trial date and giving directions—fast track) or rule 29.8 (setting a trial timetable and fixing or confirming the trial date or week—multi-track) it will do so in consultation with the parties.

Commencement Information

I291Rule 39.4 in force at 26.4.1999, see Signature

Trial bundlesE+W

39.5—(1) Unless the court orders otherwise, the claimant must file a trial bundle containing documents required by—

(a)a relevant practice direction; and

(b)any court order.

(2) The claimant must file the trial bundle not more than 7 days and not less than 3 days before the start of the trial.

Commencement Information

I292Rule 39.5 in force at 26.4.1999, see Signature

Representation at trial of companies or other corporationsE+W

39.6  A company or other corporation may be represented at trial by an employee if—

(a)the employee has been authorised by the company or corporation to appear at trial on its behalf; and

(b)the court gives permission.

Commencement Information

I293Rule 39.6 in force at 26.4.1999, see Signature

Impounded documentsE+W

39.7—(1) Documents impounded by order of the court must not be released from the custody of the court except in compliance—

(a)with a court order; or

(b)with a written request made by a Law Officer or the Director of Public Prosecutions.

(2) A document released from the custody of the court under paragraph(1)(b) must be released into the custody of the person who requested it.

(3) Documents impounded by order of the court, while in the custody of the court, may not be inspected except by a person authorised to do so by a court order.

Commencement Information

I294Rule 39.7 in force at 26.4.1999, see Signature

Claims under the Race Relations Act 1976E+W

39.8  F308. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

PART 40E+W[F309JUDGMENTS, ORDERS, SALE OF LAND ETC]

Textual Amendments

[F310Contents of this Part

I JUDGMENTS AND ORDERS

Scope of this Section

Rule 40.1
Standard requirementsRule 40.2
Drawing up and filing of judgments and ordersRule 40.3
Service of judgments and ordersRule 40.4
Power to require judgment or order to be served on a party as well as his solicitorRule 40.5
Consent judgments and ordersRule 40.6
When judgment or order takes effectRule 40.7
Time from which interest begins to runRule 40.8
Who may apply to set aside or vary a judgment or orderRule 40.9
Judgment against a State in default of acknowledgement of serviceRule 40.10
Time for complying with a judgment or orderRule 40.11
Correction of errors in judgments and ordersRule 40.12
Cases where court gives judgment both on claim and counterclaimRule 40.13
Judgment in favour of certain part owners relating to the detention of goodsRule 40.14

II SALE OF LAND ETC. AND CONVEYANCING COUNSEL

Scope of this Section

Rule 40.15
Power to order sale etc.Rule 40.16
Power to order delivery up of possession etc.Rule 40.17
Reference to conveyancing counselRule 40.18
Party may object to report]Rule 40.19

Textual Amendments

[F311I JUDGMENTS AND ORDERS] E+W

Textual Amendments

[F312Scope of this sectionE+W

40.1  This Section sets out rules about judgments and orders which apply except where any other of these Rules [F313or a practice direction] makes a different provision in relation to the judgment or order in question.]

Textual Amendments

Standard requirementsE+W

40.2—(1) Every judgment or order must state the name and judicial title of the person who made it, unless it is—

(a)default judgment entered under rule 12.4(1) (entry of default judgment where judgment is entered by a court officer) or a default costs certificate obtained under rule 47.11;

(b)judgment entered under rule 14.4, 14.5, 14.6, 14.7 and 14.9 (entry of judgment on admission where judgment is entered by a court officer); F314...

(c)a consent order under rule 40.6(2) (consent orders made by court officers) [F315;

(d)an order made by a court officer under rule 70.5 (orders to enforce awards as if payable under a court order); or

(e)an order made by a court officer under rule 71.2 (orders to obtain information from judgment debtors).]

(2) Every judgment or order must—

(a)bear the date on which it is given or made; and

(b)be sealed(GL) by the court.

[F316(3) Paragraph (4) applies where a party applies for permission to appeal against a judgment or order at the hearing at which the judgment or order was made.

(4) Where this paragraph applies, the judgment or order shall state—

(a)whether or not the judgment or order is final;

(b)whether an appeal lies from the judgment or order and, if so, to which appeal court;

(c)whether the court gives permission to appeal; and

(d)if not, the appropriate appeal court to which any further application for permission may be made.

(Paragraph 4.3B of the Practice Direction supplementing Part 52 deals with the court’s power to adjourn a hearing where a judgment or order is handed down and no application for permission to appeal is made at that hearing)]

Textual Amendments

Commencement Information

I295Rule 40.2 in force at 26.4.1999, see Signature

Drawing up and filing of judgments and ordersE+W

40.3—(1) [F317Except as is provided at paragraph (4) below or by any Practice Direction, every] judgment or order will be drawn up by the court unless—

(a)the court orders a party to draw it up;

(b)a party, with the permission of the court, agrees to draw it up;

(c)the court dispenses with the need to draw it up; or

(d)it is a consent order under rule 40.6.

(2) The court may direct that—

(a)a judgment or an order drawn up by a party must be checked by the court before it is sealed(GL); or

(b)before a judgment or an order is drawn up by the court, the parties must file an agreed statement of its terms.

(3) Where a judgment or an order is to be drawn up by a party—

(a)he must file it no later than 7 days after the date on which the court ordered or permitted him to draw it up so that it can be sealed(GL) by the court; and

(b)if he fails to file it within that period, any other party may draw it up and file it.

[F318(4) Except for orders made by the court of its own initiative and unless the court otherwise orders, every judgment or order made in claims proceeding in the Queen’s Bench Division at the Royal Courts of Justice, other than in the Administrative Court, will be drawn up by the parties, and rule 40.3 is modified accordingly.]

Textual Amendments

Commencement Information

I296Rule 40.3 in force at 26.4.1999, see Signature

Service of judgments and ordersE+W

40.4—(1) Where a judgment or an order has been drawn up by a party and is to be served by the court—

(a)the party who drew it up must file a copy to be retained at court and sufficient copies for service on him and on the other parties; and

(b)once it has been sealed(GL), the court must serve a copy of it on each party to the proceedings.

(2) Unless the court directs otherwise, any order made otherwise than at trial must be served on—

(a)the applicant and the respondent; and

(b)any other person on whom the court orders it to be served.

F319. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I297Rule 40.4 in force at 26.4.1999, see Signature

Power to require judgment or order to be served on a party as well as his solicitorE+W

40.5  Where the party on whom a judgment or order is to be served is acting by a solicitor, the court may order the judgment or order to be served on the party as well as on his solicitor.

Commencement Information

I298Rule 40.5 in force at 26.4.1999, see Signature

Consent judgments and ordersE+W

40.6—(1) This rule applies where all the parties agree the terms in which a judgment should be given or an order should be made.

(2) A court officer may enter and seal(GL) an agreed judgment or order if—

(a)the judgment or order is listed in paragraph (3);

(b)none of the parties is a litigant in person; and

(c)the approval of the court is not required by these Rules, a practice direction or any enactment before an agreed order can be made.

(3) The judgments and orders referred to in paragraph (2) are—

(a)a judgment or order for—

(i)the payment of an amount of money (including a judgment or order for damages or the value of goods to be decided by the court); or

(ii)the delivery up of goods with or without the option of paying the value of the goods or the agreed value.

(b)an order for—

(i)the dismissal of any proceedings, wholly or in part;

(ii)the stay(GL) of proceedings on agreed terms, disposing of the proceedings, whether those terms are recorded in a schedule to the order or elsewhere;

(iii)the stay(GL) of enforcement of a judgment, either unconditionally or on condition that the money due under the judgment is paid by instalments specified in the order;

(iv)the setting aside under Part 13 of a default judgment which has not been satisfied;

(v)the payment out of money which has been paid into court;

(vi)the discharge from liability of any party;

(vii)the payment, assessment or waiver of costs, or such other provision for costs as may be agreed.

(4) Rule 40.3 (drawing up and filing of judgments and orders) applies to judgments and orders entered and sealed(GL) by a court officer under paragraph (2) as it applies to other judgments and orders.

(5) Where paragraph (2) does not apply, any party may apply for a judgment or order in the terms agreed.

(6) The court may deal with an application under paragraph (5) without a hearing.

(7) Where this rule applies—

(a)the order which is agreed by the parties must be drawn up in the terms agreed;

(b)it must be expressed as being “By Consent”;

(c)it must be signed by the legal representative acting for each of the parties to whom the order relates or, where paragraph (5) applies, by the party if he is a litigant in person.

Commencement Information

I299Rule 40.6 in force at 26.4.1999, see Signature

When judgment or order takes effectE+W

40.7—(1) A judgment or order takes effect from the day when it is given or made, or such later date as the court may specify.

(2) This rule applies to all judgments and orders except those to which rule 40.10 (judgment against a State) applies.

Commencement Information

I300Rule 40.7 in force at 26.4.1999, see Signature

Time from which interest begins to runE+W

40.8—(1) Where interest is payable on a judgment pursuant to section 17 of the Judgments Act 1838(39) or section 74 of the County Courts Act 1984(40), the interest shall begin to run from the date that judgment is given unless—

(a)a rule in another Part or a practice direction makes different provision; or

(b)the court orders otherwise.

(2) The court may order that interest shall begin to run from a date before the date that judgment is given.

Commencement Information

I301Rule 40.8 in force at 26.4.1999, see Signature

Who may apply to set aside or vary a judgment or orderE+W

40.9  A person who is not a party but who is directly affected by a judgment or order may apply to have the judgment or order set aside or varied.

Commencement Information

I302Rule 40.9 in force at 26.4.1999, see Signature

Judgment against a State in default of acknowledgment of serviceE+W

40.10—(1) Where the claimant obtains default judgment under Part 12 on a claim against a State where the defendant has failed to file an acknowledgment of service, the judgment does not take effect until 2 months after service on the State of—

(a)a copy of the judgment; and

(b)a copy of the evidence in support of the application for permission to enter default judgment (unless the evidence has already been served on the State in accordance with an order made under Part 12).

(2) In this rule, “State” has the meaning given by section 14 of the State Immunity Act 1978(41).

Commencement Information

I303Rule 40.10 in force at 26.4.1999, see Signature

Time for complying with a judgment or orderE+W

40.11  A party must comply with a judgment or order for the payment of an amount of money (including costs) within 14 days of the date of the judgment or order, unless—

(a)the judgment or order specifies a different date for compliance (including specifying payment by instalments);

(b)any of these Rules specifies a different date for compliance; or

(c)the court has stayed the proceedings or judgment.

(Parts 12 and 14 specify different dates for complying with certain default judgments and judgments on admissions)

Commencement Information

I304Rule 40.11 in force at 26.4.1999, see Signature

Correction of errors in judgments and ordersE+W

40.12—(1) The court may at any time correct an accidental slip or omission in a judgment or order.

(2) A party may apply for a correction without notice.

Commencement Information

I305Rule 40.12 in force at 26.4.1999, see Signature

Cases where court gives judgment both on claim and counterclaimE+W

40.13—(1) This rule applies where the court gives judgment for specified amounts both for the claimant on his claim and against the claimant on a counterclaim.

(2) If there is a balance in favour of one of the parties, it may order the party whose judgment is for the lesser amount to pay the balance.

(3) In a case to which this rule applies, the court may make a separate order as to costs against each party.

Commencement Information

I306Rule 40.13 in force at 26.4.1999, see Signature

Judgment in favour of certain part owners relating to the detention of goodsE+W

40.14—(1) In this rule “part owner” means one of two or more persons who have an interest in the same goods.

(2) Where—

(a)a part owner makes a claim relating to the detention of the goods; and

(b)the claim is not based on a right to possession,

any judgment or order given or made in respect of the claim is to be for the payment of damages only, unless the claimant had the written authority of every other part owner of the goods to make the claim on his behalf as well as for himself.

(3) This rule applies notwithstanding anything in subsection (3) of section 3 of the Torts (Interference with Goods) Act 1977(42), but does not affect the remedies and jurisdiction mentioned in subsection (8) of that section.

Commencement Information

I307Rule 40.14 in force at 26.4.1999, see Signature

[F320II SALE OF LAND ETC. AND CONVEYANCING COUNSELE+W

Textual Amendments

Scope of this SectionE+W

40.15—(1) This Section—

(a)deals with the court’s power to order the sale, mortgage, partition or exchange of land; and

(b)contains provisions about conveyancing counsel.

(Section 131 of the Supreme Court Act 1981 provides for the appointment of the conveyancing counsel of the Supreme Court)

(2) In this Section “land” includes any interest in, or right over, land.

Power to order sale etc.E+W

40.16  In any proceedings relating to land, the court may order the land, or part of it, to be—

(a)sold;

(b)mortgaged;

(c)exchanged; or

(d)partitioned.

Power to order delivery up of possession etc.E+W

40.17  Where the court has made an order under rule 40.16, it may order any party to deliver up to the purchaser or any other person—

(a)possession of the land;

(b)receipt of rents or profits relating to it; or

(c)both.

Reference to conveyancing counselE+W

40.18—(1) The court may direct conveyancing counsel to investigate and prepare a report on the title of any land or to draft any document.

(2) The court may take the report on title into account when it decides the issue in question.

(Provisions dealing with the fees payable to conveyancing counsel are set out in the practice direction relating to Part 44)

Party may object to reportE+W

40.19—(1) Any party to the proceedings may object to the report on title prepared by conveyancing counsel.

(2) Where there is an objection, the issue will be referred to a judge for determination.

(Part 23 contains general rules about making an application)]

[F321III DECLARATORY JUDGMENTSE+W

Textual Amendments

40.20  The court may make binding declarations whether or not any other remedy is claimed.]

PART 41E+W[F322DAMAGES]

Textual Amendments

[F323Contents of this Part

I – PROCEEDINGS TO WHICH SECTION 32A OF THE SUPREME COURT ACT 1981 OR SECTION 51 OF THE COUNTY COURTS ACT 1984 APPLIES
Application and definitionsRule 41.1
Order for an award of provisional damagesRule 41.2
Application for further damagesRule 41.3
II – PERIODICAL PAYMENTS UNDER THE DAMAGES ACT 1996
Scope and interpretationRule 41.4
Statement of caseRule 41.5
Court’s indication to partiesRule 41.6
Factors to be taken into accountRule 41.7
The awardRule 41.8
Continuity of paymentRule 41.9
Assignment or chargeRule 41.10]

Textual Amendments

[F324I – PROCEEDINGS TO WHICH SECTION 32A OF THE SUPREME COURT ACT 1981 OR SECTION 51 OF THE COUNTY COURTS ACT 1984 APPLIES]E+W

Textual Amendments

Application and definitionsE+W

41.1—(1) [F325This Section of this Part] applies to proceedings to which SCA s.32A or CCA s.51 applies.

(2) In this [F326Section]—

(a)“SCA s.32A” means section 32A of the Supreme Court Act 1981(43);

(b)“CCA s.51” means section 51 of the County Courts Act 1984(44); and

(c)“award of provisional damages” means an award of damages for personal injuries under which—

(i)damages are assessed on the assumption referred to in SCA s.32A or CCA s.51 that the injured person will not develop the disease or suffer the deterioration; and

(ii)the injured person is entitled to apply for further damages at a future date if he develops the disease or suffers the deterioration.

Textual Amendments

Commencement Information

I308Rule 41.1 in force at 26.4.1999, see Signature

Order for an award of provisional damagesE+W

41.2—(1) The court may make an order for an award of provisional damages if—

(a)the particulars of claim include a claim for provisional damages; and

(b)the court is satisfied that SCA s.32A or CCA s.51 applies.

(Rule 16.4(1)(d) sets out what must be included in the particulars of claim where the claimant is claiming provisional damages)

(2) An order for an award of provisional damages—

(a)must specify the disease or type of deterioration in respect of which an application may be made at a future date;

(b)must specify the period within which such an application may be made; and

(c)may be made in respect of more than one disease or type of deterioration and may, in respect of each disease or type of deterioration, specify a different period within which a subsequent application may be made.

(3) The claimant may make more than one application to extend the period specified under paragraph (2)(b) or (2)(c).

Commencement Information

I309Rule 41.2 in force at 26.4.1999, see Signature

Application for further damagesE+W

41.3—(1) The claimant may not make an application for further damages after the end of the period specified under rule 41.2(2), or such period as extended by the court.

(2) Only one application for further damages may be made in respect of each disease or type of deterioration specified in the award of provisional damages.

(3) The claimant must give at least 28 days written notice to the defendant of his intention to apply for further damages.

(4) If the claimant knows—

(a)that the defendant is insured in respect of the claim; and

(b)the identity of the defendant’s insurers,

he must also give at least 28 days written notice to the insurers.

(5) Within 21 days after the end of the 28 day notice period referred to in paragraphs (3) and (4), the claimant must apply for directions.

F327(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I310Rule 41.3 in force at 26.4.1999, see Signature

[F32841.3A—(1) Where—E+W

(a)a claim includes claims arising under—

(i)the Fatal Accidents Act 1976; and

(ii)the Law Reform (Miscellaneous Provisions) Act 1934; and

(b)a single sum of money is ordered or agreed to be paid in satisfaction of the claims,

the court will apportion the money between the different claims.

(2) Where, in an action in which a claim under the Fatal Accidents Act 1976 is made by or on behalf of more than one person, a single sum of money is ordered or agreed to be paid in satisfaction of the claim, the court will apportion it between the persons entitled to it.

(3) Unless it has already been apportioned by the court, a jury or agreement between the parties, the court will apportion money under paragraphs (1) and (2)–

(a)when it gives directions under rule 21.11 (control of money received by a child or patient); or

(b)if rule 21.11 does not apply, on application by one of the parties in accordance with Part 23.]

Textual Amendments

[F329II – PERIODICAL PAYMENTS UNDER THE DAMAGES ACT 1996E+W

Textual Amendments

Scope and interpretationE+W

41.4.—(1) This Section of this Part contains rules about the exercise of the court’s powers under section 2(1) of the 1996 Act to order that all or part of an award of damages in respect of personal injury is to take the form of periodical payments.

(2) In this Section—

(a)“the 1996 Act” means the Damages Act 1996;

(b)“damages” means damages for future pecuniary loss; and

(c)“periodical payments” means periodical payments under section 2(1) of the 1996 Act.

Statement of caseE+W

41.5.—(1) In a claim for damages for personal injury, each party in its statement of case may state whether it considers periodical payments or a lump sum is the more appropriate form for all or part of an award of damages and where such statement is given must provide relevant particulars of the circumstances which are relied on.

(2) Where a statement under paragraph (1) is not given, the court may order a party to make such a statement.

(3) Where the court considers that a statement of case contains insufficient particulars under paragraph (1), the court may order a party to provide such further particulars as it considers appropriate.

Court’s indication to partiesE+W

41.6.  The court shall consider and indicate to the parties as soon as practicable whether periodical payments or a lump sum is likely to be the more appropriate form for all or part of an award of damages.

Factors to be taken into accountE+W

41.7.  When considering—

(a)its indication as to whether periodical payments or a lump sum is likely to be the more appropriate form for all or part of an award of damages under rule 41.6; or

(b)whether to make an order under section 2(1)(a) of the 1996 Act,

the court shall have regard to all the circumstances of the case and in particular the form of award which best meets the claimant’s needs, having regard to the factors set out in the practice direction.

The awardE+W

41.8.—(1) Where the court awards damages in the form of periodical payments, the order must specify—

(a)the annual amount awarded, how each payment is to be made during the year and at what intervals;

(b)the amount awarded for future—

(i)loss of earnings and other income; and

(ii)care and medical costs and other recurring or capital costs;

(c)that the claimant’s annual future pecuniary losses, as assessed by the court, are to be paid for the duration of the claimant’s life, or such other period as the court orders; and

(d)that the amount of the payments shall vary annually by reference to the retail prices index, unless the court orders otherwise under section 2(9) of the 1996 Act.

(2) Where the court orders that any part of the award shall continue after the claimant’s death, for the benefit of the claimant’s dependants, the order must also specify the relevant amount and duration of the payments and how each payment is to be made during the year and at what intervals.

(3) Where an amount awarded under paragraph (1)(b) is to increase or decrease on a certain date, the order must also specify—

(a)the date on which the increase or decrease will take effect; and

(b)the amount of the increase or decrease at current value.

(4) Where damages for substantial capital purchases are awarded under paragraph (1)(b)(ii), the order must also specify—

(a)the amount of the payments at current value;

(b)when the payments are to be made; and

(c)that the amount of the payments shall be adjusted by reference to the retail prices index, unless the court orders otherwise under section 2(9) of the 1996 Act.

Continuity of paymentE+W

41.9.—(1) An order for periodical payments shall specify that the payments must be funded in accordance with section 2(4) of the 1996 Act, unless the court orders an alternative method of funding.

(2) Before ordering an alternative method of funding, the court must be satisfied that—

(a)the continuity of payment under the order is reasonably secure; and

(b)the criteria set out in the practice direction are met.

(3) An order under paragraph (2) must specify the alternative method of funding.

Assignment or chargeE+W

41.10.  Where the court under section 2(6)(a) of the 1996 Act is satisfied that special circumstances make an assignment or charge of periodical payments necessary, it shall, in deciding whether or not to approve the assignment or charge, also have regard to the factors set out in the practice direction.]

PART 42E+WCHANGE OF SOLICITOR

Contents of this Part

Solicitor acting for a partyRule 42.1
Change of solicitor—duty to give noticeRule 42.2
Order that a solicitor has ceased to actRule 42.3
Removal of solicitor who has ceased to act on application of another partyRule 42.4

Solicitor acting for a partyE+W

42.1  Where the address for service of a party is the business address of his solicitor, the solicitor will be considered to be acting for that party until the provisions of this Part have been complied with.

(Part 6 contains provisions about the address for service)

Commencement Information

I311Rule 42.1 in force at 26.4.1999, see Signature

Change of solicitor—duty to give noticeE+W

42.2—(1) This rule applies where—

(a)a party for whom a solicitor [F330is acting] wants to change his solicitor;

(b)a party, after having conducted the claim in person, appoints a solicitor to act on his behalf (except where the solicitor is appointed only to act as an advocate for a hearing); or

(c)a party, after having conducted the claim by a solicitor, intends to act in person.

(2) Where this rule applies, the party or his solicitor (where one is acting) must—

(a)file notice of the change; and

(b)serve notice of the change on every other party and, where paragraph (1)(a) or (c) applies, on the former solicitor.

(3) The notice must state the party’s new address for service.

(4) The notice filed at court must state that notice has been served as required by paragraph (2)(b).

(5) Subject to paragraph (6), where a party has changed his solicitor or intends to act in person, the former solicitor will be considered to be the party’s solicitor unless and until—

[F331(a)notice is filed and served in accordance with paragraph (2); or]

(b)the court makes an order under rule 42.3 and the order is served as required by paragraph (3) of that rule.

[F332(6) Where the certificate of a LSC funded client or an assisted person is revoked or discharged—

(a)the solicitor who acted for that person will cease to be the solicitor acting in the case as soon as his retainer is determined—

(i)under regulation 4 of the Community Legal Service (Costs) Regulations 2000; or

(ii)under regulation 83 of the Civil Legal Aid (General) Regulations 1989; and

(b)if that person wishes to continue—

(i)where he appoints a solicitor to act on his behalf, paragraph (2) will apply as if he had previously conducted the claim in person; and

(ii)where he wants to act in person, he must give an address for service.

(Rule 6.5 deals with a party’s address for service)

(“LSC funded client” and “assisted person” are defined in rule 43.2)

(7) “Certificate” in paragraph (6) means—

(a)in the case of a LSC funded client, a certificate issued under the Funding Code (approved under section 9 of the Access to Justice Act 1999), or

(b)in the case of an assisted person, a certificate within the meaning of the Civil Legal Aid (General) Regulations 1989.]

Textual Amendments

Commencement Information

I312Rule 42.2 in force at 26.4.1999, see Signature

Order that a solicitor has ceased to actE+W

42.3—(1) A solicitor may apply for an order declaring that he has ceased to be the solicitor acting for a party.

(2) Where an application is made under this rule—

(a)notice of the application must be given to the party for whom the solicitor is acting, unless the court directs otherwise; and

(b)the application must be supported by evidence.

(3) Where the court makes an order that a solicitor has ceased to act—

(a)a copy of the order must be served on every party to the proceedings; and

(b)if it is served by a party or the solicitor, the party or the solicitor (as the case may be) must file a certificate of service.

Commencement Information

I313Rule 42.3 in force at 26.4.1999, see Signature

Removal of solicitor who has ceased to act on application of another partyE+W

42.4—(1) Where—

(a)a solicitor who has acted for a party—

(i)has died;

(ii)has become bankrupt;

(iii)has ceased to practice; or

(iv)cannot be found; and

(b)the party has not given notice of a change of solicitor or notice of intention to act in person as required by rule 42.2(2),

any other party may apply for an order declaring that the solicitor has ceased to be the solicitor acting for the other party in the case.

(2) Where an application is made under this rule, notice of the application must be given to the party to whose solicitor the application relates unless the court directs otherwise.

(3) Where the court makes an order made under this rule—

(a)a copy of the order must be served on every other party to the proceedings; and

(b)where it is served by a party, that party must file a certificate of service.

Commencement Information

I314Rule 42.4 in force at 26.4.1999, see Signature

PART 43E+WSCOPE OF COST RULES AND DEFINITIONS

Modifications etc. (not altering text)

C18Pt. 43 applied (with modifications) (1.4.2001) by The Court of Protection Rules 2001 (S.I. 2001/824), rules 1, 86 (with rule 91)

C20Pt. 43 applied (with modifications) (24.2.2003) by S.I. 1991/1247, rule 10.27(1) (as inserted by The Family Proceedings (Amendment) Rules 2003 (S.I. 2003/184), rules 1(1), 16)

C21Pt. 43 applied (with modifications) (24.2.2003) by S.I. 1987/2024, rule 60(1)(3)–(7) (as substituted by The Non-Contentious Probate (Amendment) Rules 2003 (S.I. 2003/185), rules 1, 5 (with rule 3))

C22Pt. 43 applied (with modifications) (30.12.2005) by The Family Procedure (Adoption) Rules 2005 (S.I. 2005/2795), rule 5(3)

Contents of this Part

Scope of this PartRule 43.1
Definitions and applicationRule 43.2
Meaning of summary assessmentRule 43.3
Meaning of detailed assessmentRule 43.4

Scope of this PartE+W

43.1  This Part contains definitions and interpretation of certain matters set out in the rules about costs contained in Parts 44 to 48.

(Part 44 contains general rules about costs; Part 45 deals with fixed costs; Part 46 deals with fast track trial costs; Part 47 deals with the detailed assessment of costs and related appeals and Part 48 deals with costs payable in special cases)

Commencement Information

I315Rule 43.1 in force at 26.4.1999, see Signature

Definitions and applicationE+W

43.2—(1) In Parts 44 to 48, unless the context otherwise requires—

(a)“costs” includes fees, charges, disbursements, expenses, remuneration, reimbursement allowed to a litigant in person under rule 48.6 [F333, any additional liability incurred under a funding arrangement] and any fee or reward charged by a lay representative for acting on behalf of a party in proceedings allocated to the small claims track;

(b)“costs judge” means a taxing master of the Supreme Court;

(c)“costs officer” means—

(i)a costs judge;

(ii)a district judge; and

(iii)an authorised court officer;

(d)“authorised court officer” means any officer of—

(i)a county court;

(ii)a district registry;

(iii)the Principal Registry of the Family Division; or

(iv)the Supreme Court Costs Office,

whom the Lord Chancellor has authorised to assess costs.

(e)“fund” includes any estate or property held for the benefit of any person or class of person and any fund to which a trustee or personal representative is entitled in his capacity as such;

(f)“receiving party” means a party entitled to be paid costs;

(g)“paying party” means a party liable to pay costs;

(h)“assisted person” means an assisted person within the statutory provisions relating to legal aid; F334...

[F335(i)“LSC funded client” means an individual who receives services funded by the Legal Services Commission as part of the Community Legal Service within the meaning of Part I of the Access to Justice Act 1999;]

[F336(j)]“fixed costs” means the amounts which are to be allowed in respect of solicitors' charges in the circumstances set out in [F337Section I of] Part 45.

[F338(k)“funding arrangement” means an arrangement where a person has—

(i)entered into a conditional fee agreement [F339or a collective conditional fee agreement] which provides for a success fee within the meaning of section 58(2) of the Courts and Legal Services Act 1990;

(ii)taken out an insurance policy to which section 29 of the Access to Justice Act 1999 (recovery of insurance premiums by way of costs) applies; or

(iii)made an agreement with a membership organisation to meet his legal costs;

(l)“percentage increase” means the percentage by which the amount of a legal representative’s fee can be increased in accordance with a conditional fee agreement which provides for a success fee;

(m)“insurance premium” means a sum of money paid or payable for insurance against the risk of incurring a costs liability in the proceedings, taken out after the event that is the subject matter of the claim;

(n)“membership organisation” means a body prescribed for the purposes of section 30 of the Access to Justice Act 1999 (recovery where body undertakes to meet costs liabilities); and

(o)“additional liability” means the percentage increase, the insurance premium, or the additional amount in respect of provision made by a membership organisation, as the case may be.]

F340...

(2) The costs to which Parts 44 to 48 apply include—

(a)the following costs where those costs may be assessed by the court—

(i)costs of proceedings before an arbitrator or umpire;

(ii)costs of proceedings before a tribunal or other statutory body; and

(iii)costs payable by a client to his solicitor; and

(b)costs which are payable by one party to another party under the terms of a contract, where the court makes an order for an assessment of those costs.

[F341(3) Where advocacy or litigation services are provided to a client under a conditional fee agreement, costs are recoverable under Parts 44 to 48 notwithstanding that the client is liable to pay his legal representative’s fees and expenses only to the extent that sums are recovered in respect of the [F342proceedings], whether by way of costs or otherwise.

(4)  In paragraph (3), the reference to a conditional fee agreement is to an agreement which satisfies all the conditions applicable to it by virtue of section 58 of the Courts and Legal Services Act 1990.]

Textual Amendments

F336Rule 43.2(1)(i) renumbered as rule 43.2(1)(j) (3.7.2000) by The Civil Procedure (Amendment No. 3) Rules 2000 (S.I. 2000/1317), rules 1, 12(c) (with rule 39)

Commencement Information

I316Rule 43.2 in force at 26.4.1999, see Signature

Meaning of summary assessmentE+W

43.3  “Summary assessment” means the procedure by which the court, when making an order about costs, orders payment of a sum of money instead of fixed costs or “detailed assessment”.

Commencement Information

I317Rule 43.3 in force at 26.4.1999, see Signature

Meaning of detailed assessmentE+W

43.4  “Detailed assessment” means the procedure by which the amount of costs is decided by a costs officer in accordance with Part 47.

Commencement Information

I318Rule 43.4 in force at 26.4.1999, see Signature

PART 44E+WGENERAL RULES ABOUT COSTS

Modifications etc. (not altering text)

C24Pt. 44 applied (with modifications) (1.4.2001) by The Court of Protection Rules 2001 (S.I. 2001/824), rules 1, 86 (with rule 91)

C26Pt. 44 applied in part (with modifications) (24.2.2003) by S.I. 1987/2024, rule 60(1)(3)–(7) (as substituted by The Non-Contentious Probate (Amendment) Rules 2003 (S.I. 2003/185), rules 1, 5 (with rule 3))

C27Pt. 44 applied in part (with modifications) (24.2.2003) by S.I. 1991/1247, rule 10.27(1) (as inserted by The Family Proceedings (Amendment) Rules 2003 (S.I. 2003/184), rules 1(1), 16)

C28Pt. 44 applied in part (with modifications) (30.12.2005) by The Family Procedure (Adoption) Rules 2005 (S.I. 2005/2795), rule 5(3)

C29Pt. 44 applied in part (with modifications) (1.10.2007) by The Court of Protection Rules 2007 (S.I. 2007/1744), rules 1, 160

Contents of this Part

Scope of this PartRule 44.1
Solicitor’s duty to notify clientRule 44.2
Court’s discretion and circumstances to be taken into account when exercising its discretion as to costsRule 44.3
[F343Costs orders relating to funding arrangements Rule 44.3A
Limits on recovery under funding arrangementsRule 44.3B]
Basis of assessmentRule 44.4
Factors to be taken into account in deciding the amount of costsRule 44.5
Fixed costsRule 44.6
Procedure for assessing costsRule 44.7
Time for complying with an order for costsRule 44.8
Costs on the small claims track and fast trackRule 44.9
Limitation on amount court may award where a claim allocated to the fast track settles before trialRule 44.10
Costs following allocation and re-allocationRule 44.11
Cases where costs orders deemed to have been madeRule 44.12
[F344Costs-only proceedings Rule 44.12A]
Special situationsRule 44.13
Court’s powers in relation to misconductRule 44.14
[F345Providing information about funding arrangements Rule 44.15
Adjournment where legal representative seeks to challenge disallowance of any amount of percentage increaseRule 44.16
Application of costs rulesRule 44.17]

Textual Amendments

F343Words in Pt. 44 Table of Contents inserted (3.7.2000) by The Civil Procedure (Amendment No. 3) Rules 2000 (S.I. 2000/1317), rules 1, 13(a) (with rule 39)

F344Words in Pt. 44 Table of Contents inserted (3.7.2000) by The Civil Procedure (Amendment No. 3) Rules 2000 (S.I. 2000/1317), rules 1, 13(b) (with rule 39)

F345Words in Pt. 44 Table of Contents inserted (3.7.2000) by The Civil Procedure (Amendment No. 3) Rules 2000 (S.I. 2000/1317), rules 1, 13(c) (with rule 39)

Scope of this PartE+W

44.1  This Part contains general rules about costs and entitlement to costs.

(The definitions contained in Part 43 are relevant to this Part)

Modifications etc. (not altering text)

Commencement Information

I319Rule 44.1 in force at 26.4.1999, see Signature

Solicitor’s duty to notify clientE+W

44.2  Where—

(a)the court makes a costs order against a legally represented party; and

(b)the party is not present when the order is made,

the party’s solicitor must notify his client in writing of the costs order no later than 7 days after the solicitor receives notice of the order.

Modifications etc. (not altering text)

Commencement Information

I320Rule 44.2 in force at 26.4.1999, see Signature

Court’s discretion and circumstances to be taken into account when exercising its discretion as to costsE+W

44.3—(1) The court has discretion as to—

(a)whether costs are payable by one party to another;

(b)the amount of those costs; and

(c)when they are to be paid.

(2) If the court decides to make an order about costs—

(a)the general rule is that the unsuccessful party will be ordered to pay the costs of the successful party; but

(b)the court may make a different order.

(3) The general rule does not apply to the following proceedings—

(a)proceedings in the Court of Appeal on an application or appeal made in connection with proceedings in the Family Division; or

(b)proceedings in the Court of Appeal from a judgment, direction, decision or order given or made in probate proceedings or family proceedings.

(4) In deciding what order (if any) to make about costs, the court must have regard to all the circumstances, including—

(a)the conduct of all the parties;

(b)whether a party has succeeded on part of his case, even if he has not been wholly successful; and

(c)any payment into court or admissible offer to settle made by a party which is drawn to the court’s attention [F346, and which is not an offer to which costs consequences under Part 36 apply].

F347...

(5) The conduct of the parties includes—

(a)conduct before, as well as during, the proceedings and in particular the extent to which the parties followed any relevant pre-action protocol;

(b)whether it was reasonable for a party to raise, pursue or contest a particular allegation or issue;

(c)the manner in which a party has pursued or defended his case or a particular allegation or issue; and

(d)whether a claimant who has succeeded in his claim, in whole or in part, exaggerated his claim.

(6) The orders which the court may make under this rule include an order that a party must pay—

(a)a proportion of another party’s costs;

(b)a stated amount in respect of another party’s costs;

(c)costs from or until a certain date only;

(d)costs incurred before proceedings have begun;

(e)costs relating to particular steps taken in the proceedings;

(f)costs relating only to a distinct part of the proceedings; and

(g)interest on costs from or until a certain date, including a date before judgment.

(7) Where the court would otherwise consider making an order under paragraph (6)(f), it must instead, if practicable, make an order under paragraph (6)(a) or (c).

(8) Where the court has ordered a party to pay costs, it may order an amount to be paid on account before the costs are assessed.

(9) Where a party entitled to costs is also liable to pay costs the court may assess the costs which that party is liable to pay and either—

(a)set off the amount assessed against the amount the party is entitled to be paid and direct him to pay any balance; or

(b)delay the issue of a certificate for the costs to which the party is entitled until he has paid the amount which he is liable to pay.

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I321Rule 44.3 in force at 26.4.1999, see Signature

[F348Costs orders relating to funding arrangementsE+W

44.3A—(1) The court will not assess any additional liability until the conclusion of the proceedings, or the part of the proceedings, to which the funding arrangement relates.

  • (“Funding arrangement” and “additional liability” are defined in rule 43.2)

(2) At the conclusion of the proceedings, or the part of the proceedings, to which the funding arrangement relates the court may—

(a)make a summary assessment of all the costs, including any additional liability;

(b)make an order for detailed assessment of the additional liability but make a summary assessment of the other costs; or

(c)make an order for detailed assessment of all the costs.

  • (Part 47 sets out the procedure for the detailed assessment of costs)

Textual Amendments

Modifications etc. (not altering text)

Limits on recovery under funding arrangementsE+W

44.3B—(1) A party may not recover as an additional liability—

(a)any proportion of the percentage increase relating to the cost to the legal representative of the postponement of the payment of his fees and expenses;

(b)any provision made by a membership organisation which exceeds the likely cost to that party of the premium of an insurance policy against the risk of incurring a liability to pay the costs of other parties to the proceedings;

(c)any additional liability for any period in the proceedings during which he failed to provide information about a funding arrangement in accordance with a rule, practice direction or court order;

(d)any percentage increase where a party has failed to comply with—

(i)a requirement in the costs practice direction; or

(ii)a court order,

to disclose in any assessment proceedings the reasons for setting the percentage increase at the level stated in the conditional fee agreement.

(2) This rule does not apply in an assessment under rule 48.9 (assessment of a solicitor’s bill to his client).

  • (Rule 3.9 sets out the circumstances the court will consider on an application for relief from a sanction for failure to comply with any rule, practice direction or court order)]

Textual Amendments

Modifications etc. (not altering text)

Basis of assessmentE+W

44.4—(1) Where the court is to assess the amount of costs (whether by summary or detailed assessment) it will assess those costs—

(a)on the standard basis; or

(b)on the indemnity basis,

but the court will not in either case allow costs which have been unreasonably incurred or are unreasonable in amount.

(Rule 48.3 sets out how the court decides the amount of costs payable under a contract)

(2) Where the amount of costs is to be assessed on the standard basis, the court will—

(a)only allow costs which are proportionate to the matters in issue; and

(b)resolve any doubt which it may have as to whether costs were reasonably incurred or reasonable and proportionate in amount in favour of the paying party.

(Factors which the court may take into account are set out in rule 44.5)

(3) Where the amount of costs is to be assessed on the indemnity basis, the court will resolve any doubt which it may have as to whether costs were reasonably incurred or were reasonable in amount in favour of the receiving party.

(4) Where—

(a)the court makes an order about costs without indicating the basis on which the costs are to be assessed; or

(b)the court makes an order for costs to be assessed on a basis other than the standard basis or the indemnity basis,

the costs will be assessed on the standard basis.

F349(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Where the amount of a solicitor’s remuneration in respect of non-contentious business is regulated by any general orders made under the Solicitors Act 1974(45), the amount of the costs to be allowed in respect of any such business which falls to be assessed by the court will be decided in accordance with those general orders rather than this rule and rule 44.5.

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I322Rule 44.4 in force at 26.4.1999, see Signature

Factors to be taken into account in deciding the amount of costsE+W

44.5—(1) The court is to have regard to all the circumstances in deciding whether costs were—

(a)if it is assessing costs on the standard basis—

(i)proportionately and reasonably incurred; or

(ii)were proportionate and reasonable in amount, or

(b)if it is assessing costs on the indemnity basis—

(i)unreasonably incurred; or

(ii)unreasonable in amount.

(2) In particular the court must give effect to any orders which have already been made.

(3) The court must also have regard to—

(a)the conduct of all the parties, including in particular—

(i)conduct before, as well as during, the proceedings; and

(ii)the efforts made, if any, before and during the proceedings in order to try to resolve the dispute;

(b)the amount or value of any money or property involved;

(c)the importance of the matter to all the parties;

(d)the particular complexity of the matter or the difficulty or novelty of the questions raised;

(e)the skill, effort, specialised knowledge and responsibility involved;

(f)the time spent on the case; and

(g)the place where and the circumstances in which work or any part of it was done.

(Rule 35.4(4) gives the court power to limit the amount that a party may recover with regard to the fees and expenses of an expert)

Modifications etc. (not altering text)

Commencement Information

I323Rule 44.5 in force at 26.4.1999, see Signature

Fixed costsE+W

44.6  A party may recover the fixed costs specified in Part 45 in accordance with that Part.

Modifications etc. (not altering text)

Commencement Information

I324Rule 44.6 in force at 26.4.1999, see Signature

Procedure for assessing costsE+W

44.7  Where the court orders a party to pay costs to another party (other than fixed costs) it may either—

(a)make a summary assessment of the costs; or

(b)order detailed assessment of the costs by a costs officer,

unless any rule, practice direction or other enactment provides otherwise.

(The costs practice direction sets out the factors which will affect the court’s decision under this rule)

Modifications etc. (not altering text)

Commencement Information

I325Rule 44.7 in force at 26.4.1999, see Signature

Time for complying with an order for costsE+W

44.8  A party must comply with an order for the payment of costs within 14 days of—

(a)the date of the judgment or order if it states the amount of those costs; F350...

(b)if the amount of those costs (or part of them) is decided later in accordance with Part 47, the date of the certificate which states the amount [F351; or]

[F352(c)in either case, such later date as the court may specify.]

(Part 47 sets out the procedure for detailed assessment of costs)

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I326Rule 44.8 in force at 26.4.1999, see Signature

Costs on the small claims track and fast trackE+W

44.9—(1) Part 27 (Small claims) and Part 46 (Fast track trial costs) contain special rules about—

(a)liability for costs;

(b)the amount of costs which the court may award; and

(c)the procedure for assessing costs.

[F353(2) Once a claim is allocated to a particular track, those special rules shall apply to the period before, as well as after, allocation except where the court or a practice direction provides otherwise.]

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I327Rule 44.9 in force at 26.4.1999, see Signature

Limitation on amount court may allow where a claim allocated to the fast track settles before trialE+W

44.10—(1) Where the court—

(a)assesses costs in relation to a claim which—

(i)has been allocated to the fast track; and

(ii)settles before the start of the trial; and

(b)is considering the amount of costs to be allowed in respect of a party’s advocate for preparing for the trial,

it may not allow, in respect of those advocate’s costs, an amount that exceeds the amount of fast track trial costs which would have been payable in relation to the claim had the trial taken place.

(2) When deciding the amount to be allowed in respect of the advocate’s costs, the court shall have regard to—

(a)when the claim was settled; and

(b)when the court was notified that the claim had settled.

(3) In this rule, “advocate” and “fast track trial costs” have the meanings given to them by Part 46.

(Part 46 sets out the amount of fast track trial costs which may be awarded)

Modifications etc. (not altering text)

Commencement Information

I328Rule 44.10 in force at 26.4.1999, see Signature

Costs following allocation and re-allocationE+W

44.11—(1) Any costs orders made before a claim is allocated will not be affected by allocation.

(2) Where—

(a)a claim is allocated to a track; and

(b)the court subsequently re-allocates that claim to a different track,

then unless the court orders otherwise, any special rules about costs applying—

(i)to the first track, will apply to the claim up to the date of re-allocation; and

(ii)to the second track, will apply from the date of re-allocation.

(Part 26 deals with the allocation and re-allocation of claims between tracks)

Modifications etc. (not altering text)

Commencement Information

I329Rule 44.11 in force at 26.4.1999, see Signature

Cases where costs orders deemed to have been madeE+W

44.12—(1) Where a right to costs arises under—

(a)rule 3.7 (defendant’s right to costs where claim struck out for non-payment of fees);

[F354(b) rule 36.10(1) or (2) (claimant’s entitlement to costs where a Part 36 offer is accepted)]

F355(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)rule 38.6 (defendant’s right to costs where claimant discontinues),

a costs order will be deemed to have been made on the standard basis.

(2) Interest payable pursuant to section 17 of the Judgments Act 1838(46) or section 74 of the County Courts Act 1984(47) on the costs deemed to have been ordered under paragraph (1) shall begin to run from the date on which the event which gave rise to the entitlement to costs occurred.

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I330Rule 44.12 in force at 26.4.1999, see Signature

[F356Costs-only proceedingsE+W

44.12A—(1) This rule sets out a procedure which may be followed where—

(a)the parties to a dispute have reached an agreement on all issues (including which party is to pay the costs) which is made or confirmed in writing; but

(b)they have failed to agree the amount of those costs; and

[F357(c)F358..., no proceedings have been started.]

F359(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F360...

(2) Either party to the agreement may start proceedings under this rule by issuing a claim form in accordance with Part 8.

(3) The claim form must contain or be accompanied by the agreement or confirmation.

(4) [F361Except as provided in paragraph (4A), in] proceedings to which this rule applies the court—

(a)may

(i)make an order for costs [F362to be determined by detailed assessment]; or

(ii)dismiss the claim;

  • and

(b)must dismiss the claim if it is opposed.

[F363(4A) In proceedings to which Section II of Part 45 applies, the court shall assess the costs in the manner set out in that Section.]

(5) Rule 48.3 (amount of costs where costs are payable pursuant to a contract) does not apply to claims started under the procedure in this rule. (Rule 7.2 provides that proceedings are started when the court issues a claim form at the request of the claimant)

(Rule 8.1(6) provides that a practice direction may modify the Part 8 procedure)]

Textual Amendments

Modifications etc. (not altering text)

Special situationsE+W

44.13—[F364(1) Where the court makes an order which does not mention costs—

(a)[F365subject to paragraphs (1A) and (1B),] the general rule is that no party is entitled to costs in relation to that order; but

(b)this does not affect any entitlement of a party to recover costs out of a fund held by him as trustee or personal representative, or pursuant to any lease, mortgage or other security.]

[F366(1A) Where the court makes—

(a)an order granting permission to appeal;

(b)an order granting permission to apply for judicial review; or

(c)any other order or direction sought by a party on an application without notice,and its order does not mention costs, it will be deemed to include an order for applicant’s costs in the case.

(1B) Any party affected by a deemed order for costs under paragraph (1A) may apply at any time to vary the order.]

(2) The court hearing an appeal may, unless it dismisses the appeal, make orders about the costs of the proceedings giving rise to the appeal as well as the costs of the appeal.

(3) Where proceedings are transferred from one court to another, the court to which they are transferred may deal with all the costs, including the costs before the transfer.

(4) Paragraph (3) is subject to any order of the court which ordered the transfer.

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I331Rule 44.13 in force at 26.4.1999, see Signature

Court’s powers in relation to misconductE+W

44.14—(1) The court may make an order under this rule where—

[F367(a)a party or his legal representative, in connection with a summary or detailed assessment, fails to comply with a rule, practice direction or court order; or]

(b)it appears to the court that the conduct of a party or his legal representative, before or during the proceedings which gave rise to the assessment proceedings, was unreasonable or improper.

(2) Where paragraph (1) applies, the court may—

(a)disallow all or part of the costs which are being assessed; or

(b)order the party at fault or his legal representative to pay costs which he has caused any other party to incur.

(3) Where—

(a)the court makes an order under paragraph (2) against a legally represented party; and

(b)the party is not present when the order is made,

the party’s solicitor must notify his client in writing of the order no later than 7 days after the solicitor receives notice of the order.

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I332Rule 44.14 in force at 26.4.1999, see Signature

[F368Providing information about funding arrangementsE+W

44.15—(1) A party who seeks to recover an additional liability must provide information about the funding arrangement to the court and to other parties as required by a rule, practice direction or court order.

(2) Where the funding arrangement has changed, and the information a party has previously provided in accordance with paragraph (1) is no longer accurate, that party must file notice of the change and serve it on all other parties within 7 days.

(3) Where paragraph (2) applies, and a party has already filed—

(a)an allocation questionnaire; or

(b)a [F369pre-trial check list (listing questionnaire)],

he must file and serve a new estimate of costs with the notice.

(The costs practice direction sets out—

  • the information to be provided when a party issues or responds to a claim form, files an allocation questionnaire, a [F370pre-trial check list], and a claim for costs;

  • the meaning of estimate of costs and the information required in it) (Rule 44.3B sets out situations where a party will not recover a sum representing any additional liability)

Textual Amendments

Modifications etc. (not altering text)

Adjournment where legal representative seeks to challenge disallowance of any amount of percentage increaseE+W

[F37144.16—(1) This rule applies where the Conditional Fee Agreements Regulations 2000 or the Collective Conditional Fee Agreements Regulations 2000 continues to apply to an agreement which provides for a success fee.

(2) Where—

(a)the court disallows any amount of a legal representative’s percentage increase in summary or detailed assessment proceedings; and

(b)the legal representative applies for an order that the disallowed amount should continue to be payable by his client,

the court may adjourn the hearing to allow the client to be—

(i)notified of the order sought; and

(ii)separately represented.

(Regulation 3(2)(b) of the Conditional Fee Agreements Regulations 2000, which applies to Conditional Fee Agreements entered into before 1st November 2005, provides that a conditional fee agreement which provides for a success fee must state that any amount of a percentage increase disallowed on assessment ceases to be payable unless the court is satisfied that it should continue to be so payable. Regulation 5(2)(b) of the Collective Conditional Fee Agreements Regulations 2000, which applies to Collective Conditional Fee Agreements entered into before 1st November 2005, makes similar provision in relation to collective conditional fee agreements.)]

Textual Amendments

Modifications etc. (not altering text)

Application of costs rulesE+W

44.17  This Part and Part 45 (fixed costs), Part 46 (fast track trial costs), Part 47 (procedure for detailed assessment of costs and default provisions) and Part 48 (special cases), do not apply to the assessment of costs in proceedings to the extent that—

(a)section 11 of the Access to Justice Act 1999, and provisions made under that Act, or

(b)regulations made under the Legal Aid Act 1988,

make different provision. (The costs practice direction sets out the procedure to be followed where a party was wholly or partially funded by the Legal Services Commission)]

Textual Amendments

Modifications etc. (not altering text)

PART 45E+WFIXED COSTS

Modifications etc. (not altering text)

Contents of this Part

[F372[F373I FIXED COSTS
Scope of this SectionRule 45.1
Amount of fixed commencement costs in a claim for the recovery of money or goodsRule 45.2
Amount of fixed commencement costs in a claim for the recovery of land or a demotion claimRule 45.2A
When defendant only liable for fixed commencement costsRule 45.3
Costs on entry of judgment in a claim for the recovery of money or goodsRule 45.4
Costs on entry of judgment in a claim for the recovery of land or a demotion claimRule 45.4A
Miscellaneous fixed costsRule 45.5
Fixed enforcement costsRule 45.6]
F374II ROAD TRAFFIC ACCIDENTS—FIXED RECOVERABLE COSTS ...
Scope and interpretationRule 45.7
Application of fixed recoverable costsRule 45.8
Amount of fixed recoverable costsRule 45.9
DisbursementsRule 45.10
Success feeRule 45.11
Claims for an amount of costs exceeding fixed recoverable costsRule 45.12
Failure to achieve costs greater than fixed recoverable costsRule 45.13
Costs of the costs-only proceedingsRule 45.14
[F375III—FIXED PERCENTAGE INCREASE IN ROAD TRAFFIC ACCIDENT CLAIMS
Scope and interpretation Rule 45.15
Percentage increase of solicitors' fees Rule 45.16
Percentage increase of counsel’s fees Rule 45.17
Application for an alternative percentage increase where the fixed increase is 12.5% Rule 45.18
Assessment of alternative percentage increase Rule 45.19]
[F376IV – FIXED PERCENTAGE INCREASE IN EMPLOYERS LIABILITY CLAIMS
Scope and interpretation Rule 45.20
Percentage increase of solicitors' and counsel’s feesRule 45.21
Alternative percentage increaseRule 45.22]]

Textual Amendments

F373Words in Pt. 45 Table of Contents substituted (1.4.2005) by virtue of The Civil Procedure (Amendment No. 4) Rules 2004 (S.I. 2004/3419), rules 1, Sch. 1 Pt. 1

F374Words in Pt. 45 Table of Contents omitted (1.4.2005) by virtue of The Civil Procedure (Amendment No. 4) Rules 2004 (S.I. 2004/3419), rules 1, 10

[F377I FIXED COSTSE+W

Textual Amendments

Scope of this SectionE+W

45.1—(1) This Section sets out the amounts which, unless the court orders otherwise, are to be allowed in respect of solicitors' charges in the cases to which this Section applies.

(2) This Section applies where—

(a)the only claim is a claim for a specified sum of money where the value of the claim exceeds £25 and—

(i)judgment in default is obtained under rule 12.4(1);

(ii)judgment on admission is obtained under rule 14.4(3);

(iii)judgment on admission on part of the claim is obtained under rule 14.5(6);

(iv)summary judgment is given under Part 24;

(v)the court has made an order to strike out(GL) a defence under rule 3.4(2)(a) as disclosing no reasonable grounds for defending the claim; or

(vi)rule 45.3 applies;

(b)the only claim is a claim where the court gave a fixed date for the hearing when it issued the claim and judgment is given for the delivery of goods, and the value of the claim exceeds £25;

(c)the claim is for the recovery of land, including a possession claim under Part 55, whether or not the claim includes a claim for a sum of money and the defendant gives up possession, pays the amount claimed, if any, and the fixed commencement costs stated in the claim form;

(d)the claim is for the recovery of land, including a possession claim under Part 55, where one of the grounds for possession is arrears of rent, for which the court gave a fixed date for the hearing when it issued the claim and judgment is given for the possession of land (whether or not the order for possession is suspended on terms) and the defendant—

(i)has neither delivered a defence, or counterclaim, nor otherwise denied liability; or

(ii)has delivered a defence which is limited to specifying his proposals for the payment of arrears of rent;

(e)the claim is a possession claim under Section II of Part 55 (accelerated possession claims of land let on an assured shorthold tenancy) and a possession order is made where the defendant has neither delivered a defence, or counterclaim, nor otherwise denied liability;

(f)the claim is a demotion claim under Section III of Part 65 or a demotion claim is made in the same claim form in which a claim for possession is made under Part 55 and that demotion claim is successful; or

(g)a judgment creditor has taken steps under Parts 70 to 73 to enforce a judgment or order.

(The practice direction supplementing rule 7.9 sets out the types of case where a court will give a fixed date for a hearing when it issues a claim)

(3) Any appropriate court fee will be allowed in addition to the costs set out in this Section.

(4) The claim form may include a claim for fixed commencement costs.

Amount of fixed commencement costs in a claim for the recovery of money or goodsE+W

45.2—(1) The amount of fixed commencement costs in a claim to which rule 45.1(2)(a) or (b) applies—

(a)shall be calculated by reference to Table 1; and

(b)the amount claimed, or the value of the goods claimed if specified, in the claim form is to be used for determining the band in Table 1 that applies to the claim.

(2) The amounts shown in Table 4 are to be allowed in addition, if applicable.

Amount of fixed commencement costs in a claim for the recovery of land or a demotion claimE+W

45.2A.—(1) The amount of fixed commencement costs in a claim to which rule 45.1(2)(c), (d) or (f) applies shall be calculated by reference to Table 2.

(2) The amounts shown in Table 4 are to be allowed in addition, if applicable.

TABLE 1
FIXED COSTS ON COMMENCEMENT OF A CLAIM FOR THE RECOVERY OF MONEY OR GOODS
Relevant bandWhere the claim form is served by the court or by any method other than personal service by the claimant

Where–

  • the claim form is served personally by the claimant; and

  • there is only one defendant

Where there is more than one defendant, for each additional defendant personally served at separate addresses by the claimant

Where–

  • the value of the claim exceeds £25 but does not exceed £500

£50£60£15

Where–

  • the value of the claim exceeds £500 but does not exceed £1,000

£70£80£15

Where–

  • the value of the claim exceeds £1,000 but does not exceed £5,000; or

  • the only claim is for delivery of goods and no value is specified or stated on the claim form

£80£90£15

Where–

  • the value of the claim exceeds £5,000

£100£110£15
TABLE 2
FIXED COSTS ON COMMENCEMENT OF A CLAIM FOR THE RECOVERY OF LAND OR A DEMOTION CLAIM
Where the claim form is served by the court or by any method other than personal service by the claimant

Where–

  • the claim form is served personally by the claimant; and

  • there is only one defendant

Where there is more than one defendant, for each additional defendant personally served at separate addresses by the claimant
£69.50£77.00£15.00

When defendant only liable for fixed commencement costsE+W

45.3—(1) Where—

(a)the only claim is for a specified sum of money; and

(b)the defendant pays the money claimed within 14 days after service of particulars of claim on him, together with the fixed commencement costs stated in the claim form,

the defendant is not liable for any further costs unless the court orders otherwise.

F378(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Costs on entry of judgment in a claim for the recovery of money or goodsE+W

45.4  Where—

(a)the claimant has claimed fixed commencement costs under rule 45.2; and

(b)judgment is entered in a claim to which rule 45.1(2)(a) or (b) applies in the circumstances specified in Table 3, the amount to be included in the judgment for the claimant’s solicitor’s charges is the total of—

(i)the fixed commencement costs; and

(ii)the relevant amount shown in Table 3.

Costs on entry of judgment in a claim for the recovery of land or a demotion claimE+W

45.4A.—(1) Where—

(a)the claimant has claimed fixed commencement costs under rule 45.2A; and

(b)judgment is entered in a claim to which rule 45.1(2)(d) or (f) applies, the amount to be included in the judgment for the claimant’s solicitor’s charges is the total of—

(i)the fixed commencement costs; and

(ii)the sum of £57.25.

(2) Where an order for possession is made in a claim to which rule 45.1(2)(e) applies, the amount allowed for the claimant’s solicitor’s charges for preparing and filing—

(a)the claim form;

(b)the documents that accompany the claim form; and

(c)the request for possession,

is £79.50.

TABLE 3
FIXED COSTS ON ENTRY OF JUDGMENT IN A CLAIM FOR THE RECOVERY OF MONEY OR GOODS
Where the amount of the judgment exceeds £25 but does not exceed £5,000Where the amount of the judgment exceeds £5,000
Where judgment in default of an acknowledgment of service is entered under rule 12.4(1) (entry of judgment by request on claim for money only)£22£30
Where judgment in default of a defence is entered under rule 12.4(1) (entry of judgment by request on claim for money only)£25£35
Where judgment is entered under rule 14.4 (judgment on admission), or rule 14.5 (judgment on admission of part of claim) and claimant accepts the defendant’s proposal as to the manner of payment£40£55
Where judgment is entered under rule 14.4 (judgment on admission), or rule 14.5 (judgment on admission of part of claim) and court decides the date or time of payment£55£70
Where summary judgment is given under Part 24 or the court strikes out a defence under rule 3.4(2)(a), in either case, on application by a party£175£210
Where judgment is given on a claim for delivery of goods under a regulated agreement within the meaning of the Consumer Credit Act 1974 and no other entry in this table applies£60£85

Miscellaneous fixed costsE+W

45.5  Table 4 shows the amount to be allowed in respect of solicitor’s charges in the circumstances mentioned.

TABLE 4
MISCELLANEOUS FIXED COSTS
For service by a party of any document required to be served personally including preparing and copying a certificate of service for each individual served£15.00
Where service by an alternative method is permitted by an order under rule 6.8 for each individual served£53.25
Where a document is served out of the jurisdiction–

(a)in Scotland, Northern Ireland, the Isle of Man or the Channel Islands;

£68.25

(b)in any other place

£77.00

Fixed enforcement costsE+W

45.6  Table 5 shows the amount to be allowed in respect of solicitors' costs in the circumstances mentioned. The amounts shown in Table 4 are to be allowed in addition, if applicable.

TABLE 5
FIXED ENFORCEMENT COSTS
For an application under rule 70.5(4) that an award may be enforced as if payable under a court order, where the amount outstanding under the award:
exceeds £25 but does not exceed £250£30.75
exceeds £250 but does not exceed £600£41.00
exceeds £600 but does not exceed £2,000£69.50
exceeds £2,000£75.50
On attendance to question a judgment debtor (or officer of a company or other corporation) who has been ordered to attend court under rule 71.2 where the questioning takes place before a court officer, including attendance by a responsible representative of the solicitor

for each half hour or part, £15.00

(When the questioning takes place before a judge, he may summarily assess any costs allowed.)

On the making of a final third party debt order under rule 72.8(6)(a) or an order for the payment to the judgment creditor of money in court under rule 72.10(1)(b):

if the amount recovered is less than £150

otherwise

one-half of the amount recovered

£98.50

On the making of a final charging order under rule 73.8(2)(a):£110
The court may also allow reasonable disbursements in respect of search fees and the registration of the order.
Where a certificate is issued and registered under Schedule 6 to the Civil Jurisdiction and Judgments Act 1982, the costs of registration£39.00
Where permission is given under RSC Order 45, rule 3 to enforce a judgment or order giving possession of land and costs are allowed on the judgment or order, the amount to be added to the judgment or order for costs–

(a)basic costs

£42.50

(b)where notice of the proceedings is to be to more than one person, for each additional person

£2.75
Where a writ of execution as defined in the RSC Order 46, rule 1, is issued against any party£51.75
Where a request is filed for the issue of a warrant of execution under CCR Order 26, rule 1, for a sum exceeding £25£2.25
Where an application for an attachment of earnings order is made and costs are allowed under CCR Order 27, rule 9 or CCR Order 28, rule 10, for each attendance on the hearing of the application£8.50]

Modifications etc. (not altering text)

F379 [F380II ROAD TRAFFIC ACCIDENTS—FIXED RECOVERABLE COSTS ...E+W

Textual Amendments

F379Words in Pt. 45 Section 2 heading omitted (1.4.2005) by virtue of The Civil Procedure (Amendment No. 4) Rules 2004 (S.I. 2004/3419), rules 1, 10

Scope and interpretationE+W

45.7—[F381(1) This Section sets out the costs which are to be allowed in—

(a)costs-only proceedings under the procedure set out in rule 44.12A; or

(b)proceedings for approval of a settlement or compromise under rule 21.10(2),

in cases to which this Section applies.]

(2) This Section applies where—

(a)the dispute arises from a road traffic accident;

(b)the agreed damages include damages in respect of personal injury, damage to property, or both;

(c)the total value of the agreed damages does not exceed £10,000; and

(d)if a claim had been issued for the amount of the agreed damages, the small claims track would not have been the normal track for that claim.

(3) This Section does not apply where the claimant is a litigant in person.

  • (Rule 2.3 defines “personal injuries” as including any disease and any impairment of a person’s physical or mental condition)

  • (Rule 26.6 provides for when the small claims track is the normal track)

(4) In this Section—

(a)“road traffic accident” means an accident resulting in bodily injury to any person or damage to property caused by, or arising out of, the use of a motor vehicle on a road or other public place in England and Wales;

(b)“motor vehicle” means a mechanically propelled vehicle intended for use on roads; and

(c)“road” means any highway and any other road to which the public has access and includes bridges over which a road passes.

Textual Amendments

Application of fixed recoverable costsE+W

45.8  Subject to rule 45.12, the only costs which are to be allowed are—

(a)fixed recoverable costs calculated in accordance with rule 45.9;

(b)disbursements allowed in accordance with rule 45.10; and

(c)a success fee allowed in accordance with rule 45.11.

  • (Rule 45.12 provides for where a party issues a claim for more than the fixed recoverable costs).

Amount of fixed recoverable costsE+W

45.9—(1) Subject to paragraphs (2) and (3), the amount of fixed recoverable costs is the total of—

(a)£800;

(b)20% of the damages agreed up to £5,000; and

(c)15% of the damages agreed between £5,000 and £10,000.

(2) Where the claimant—

(a)lives or works in an area set out in the relevant practice direction; and

(b)instructs a solicitor or firm of solicitors who practise in that area,

the fixed recoverable costs shall include, in addition to the costs specified in paragraph (1), an amount equal to 12.5% of the costs allowable under that paragraph.

(3) Where appropriate, value added tax (VAT) may be recovered in addition to the amount of fixed recoverable costs and any reference in this Section to fixed recoverable costs is a reference to those costs net of any such VAT.

DisbursementsE+W

45.10—(1) The court—

(a)may allow a claim for a disbursement of a type mentioned in paragraph (2); but

(b)must not allow a claim for any other type of disbursement.

(2) The disbursements referred to in paragraph (1) are—

(a)the cost of obtaining—

(i)medical records;

(ii)a medical report;

(iii)a police report;

(iv)an engineer’s report; or

(v)a search of the records of the Driver Vehicle Licensing Authority;

(b)the amount of an insurance premium [F383or, where a [F384membership organisation] undertakes to meet liabilities incurred to pay the costs of other parties to proceedings, a sum not exceeding such additional amount of costs as would be allowed under section 30 in respect of provision made against the risk of having to meet such liabilities];

[F385(“membership organisation” is defined in rule 43.2(1)(n))]

(c)where they are necessarily incurred by reason of one or more of the claimants being a child or [F386protected party] as defined in Part 21—

(i)fees payable for instructing counsel; or

(ii)court fees payable on an application to the court;

(d)any other disbursement that has arisen due to a particular feature of the dispute.

(“insurance premium” is defined in rule 43.2)

Textual Amendments

Success feeE+W

45.11—(1) A claimant may recover a success fee if he has entered into a funding arrangement of a type specified in rule 43.2(k)(i).

[F387(2) The amount of the success fee shall be 12.5% of the fixed recoverable costs calculated in accordance with rule 45.9(1), disregarding any additional amount which may be included in the fixed recoverable costs by virtue of rule 45.9(2).]

Textual Amendments

Claims for an amount of costs exceeding fixed recoverable costsE+W

45.12—(1) The court will entertain a claim for an amount of costs (excluding any success fee or disbursements) greater than the fixed recoverable costs but only if it considers that there are exceptional circumstances making it appropriate to do so.

(2) If the court considers such a claim appropriate, it may—

(a)assess the costs; or

(b)make an order for the costs to be assessed.

(3) If the court does not consider the claim appropriate, it must make an order for fixed recoverable costs only.

Failure to achieve costs greater than fixed recoverable costsE+W

45.13—(1) This rule applies where—

(a)costs are assessed in accordance with rule 45.12(2); and

(b)the court assesses the costs (excluding any VAT) as being an amount which is less than 20% greater than the amount of the fixed recoverable costs.

(2) The court must order the defendant to pay to the claimant the lesser of—

(a)the fixed recoverable costs; and

(b)the assessed costs.

Costs of the costs-only proceedings [F388or the detailed assessment] E+W

45.14  Where—

(a)the court makes an order for fixed recoverable costs in accordance with rule 45.12(3); or

(b)rule 45.13 applies,

the court must—

(i)make no award for the payment of the claimant’s costs in bringing the proceedings under rule 44.12A; and

(ii)order that the claimant pay the defendant’s costs of defending those proceedings.]

Textual Amendments

[F389III—FIXED PERCENTAGE INCREASE IN ROAD TRAFFIC ACCIDENT CLAIMSE+W

Textual Amendments

Scope and interpretationE+W

45.15.—(1) This Section sets out the percentage increase which is to be allowed in the cases to which this Section applies.

(Rule 43.2(1)(l) defines `percentage increase' as the percentage by which the amount of a legal representative’s fee can be increased in accordance with a conditional fee agreement which provides for a success fee)

(2) This Section applies where—

(a)the dispute arises from a road traffic accident; and

(b)the claimant has entered into a funding arrangement of a type specified in rule 43.2(k)(i).

(Rule 43.2(k)(i) defines a funding arrangement as including an arrangement where a person has entered into a conditional fee agreement or collective conditional fee agreement which provides for a success fee)

(3) This Section does not apply if the proceedings are costs only proceedings to which Section II of this Part applies.

(4) This Section does not apply—

(a)to a claim which has been allocated to the small claims track;

(b)to a claim not allocated to a track, but for which the small claims track is the normal track; or

(c)where the road traffic accident which gave rise to the dispute occurred before 6th October 2003.

(5) The definitions in rule 45.7(4) apply to this Section as they apply to Section II.

(6) In this Section—

(a)a reference to `fees' is a reference to fees for work done under a conditional fee agreement or collective conditional fee agreement;

(b)a reference to `trial' is a reference to the final contested hearing or to the contested hearing of any issue ordered to be tried separately;

(c)a reference to a claim concluding at trial is a reference to a claim concluding by settlement after the trial has commenced or by judgment; and

(d)“trial period” means a period of time fixed by the court within which the trial is to take place and where the court fixes more than one such period in relation to a claim, means the most recent period to be fixed.

Percentage increase of solicitors' feesE+W

45.16.  Subject to rule 45.18, the percentage increase which is to be allowed in relation to solicitors' fees is—

(a)100% where the claim concludes at trial; or

(b)12.5% where—

(i)the claim concludes before a trial has commenced; or

(ii)the dispute is settled before a claim is issued.

Percentage increase of counsel’s feesE+W

45.17.—(1) Subject to rule 45.18, the percentage increase which is to be allowed in relation to counsel’s fees is—

(a)100% where the claim concludes at trial;

(b)if the claim has been allocated to the fast track—

(i)50% if the claim concludes 14 days or less before the date fixed for the commencement of the trial; or

(ii)12.5% if the claim concludes more than 14 days before the date fixed for the commencement of the trial or before any such date has been fixed;

(c)if the claim has been allocated to the multi-track—

(i)75% if the claim concludes 21 days or less before the date fixed for the commencement of the trial; or

(ii)12.5% if the claim concludes more than 21 days before the date fixed for the commencement of the trial or before any such date has been fixed;

(d)12.5% where—

(i)the claim has been issued but concludes before it has been allocated to a track; or

(ii)in relation to costs-only proceedings, the dispute is settled before a claim is issued.

(2) Where a trial period has been fixed, if—

(a)the claim concludes before the first day of that period; and

(b)no trial date has been fixed within that period before the claim concludes,

the first day of that period is treated as the date fixed for the commencement of the trial for the purposes of paragraph (1).

(3) Where a trial period has been fixed, if—

(a)the claim concludes before the first day of that period; but

(b)before the claim concludes, a trial date had been fixed within that period,

the trial date is the date fixed for the commencement of the trial for the purposes of paragraph (1).

(4) Where a trial period has been fixed and the claim concludes—

(a)on or after the first day of that period; but

(b)before commencement of the trial,

the percentage increase in paragraph (1)(b)(i) or (1)(c)(i) shall apply as appropriate, whether or not a trial date has been fixed within that period.

(5) For the purposes of this rule, in calculating the periods of time, the day fixed for the commencement of the trial (or the first day of the trial period, where appropriate) is not included.

Application for an alternative percentage increase where the fixed increase is 12.5%E+W

45.18.—(1) This rule applies where the percentage increase to be allowed—

(a)in relation to solicitors' fees under the provisions of rule 45.16; or

(b)in relation to counsel’s fees under rule 45.17,

is 12.5%.

(2) A party may apply for a percentage increase greater or less than that amount if—

(a)the parties agree damages of an amount greater than £500,000 or the court awards damages of an amount greater than £500,000; or

(b)the court awards damages of £500,000 or less but would have awarded damages greater than £500,000 if it had not made a finding of contributory negligence; or

[F390(c)the parties agree damages of £500,000 or less and it is reasonable to expect that if the court had made an award of damages, it would have awarded damages greater than £500,000, disregarding any reduction the court may have made in respect of contributory negligence.]

(3) In paragraph (2), a reference to a lump sum of damages includes a reference to periodical payments of equivalent value.

(4) If the court is satisfied that the circumstances set out in paragraph (2) apply it must—

(a)assess the percentage increase; or

(b)make an order for the percentage increase to be assessed.

Textual Amendments

Assessment of alternative percentage increaseE+W

45.19.—(1) This rule applies where the percentage increase of fees is assessed under rule 45.18(4).

(2) If the percentage increase is assessed as greater than 20% or less than 7.5%, the percentage increase to be allowed shall be that assessed by the court.

(3) If the percentage increase is assessed as no greater than 20% and no less than 7.5%—

(a)the percentage increase to be allowed shall be 12.5%; and

(b)the costs of the application and assessment shall be paid by the applicant.]

[F391IV – FIXED PERCENTAGE INCREASE IN EMPLOYERS LIABILITY CLAIMSE+W

Textual Amendments

Scope and interpretationE+W

45.20.—(1) Subject to paragraph (2), this Section applies where—

(a)the dispute is between an employee and his employer arising from a bodily injury sustained by the employee in the course of his employment; and

(b)the claimant has entered into a funding arrangement of a type specified in rule 43.2(1)(k)(i).

(2) This Section does not apply—

(a)where the dispute—

(i)relates to a disease;

(ii)relates to an injury sustained before 1st October 2004; or

(iii)arises from a road traffic accident (as defined in rule 45.7(4)(a)); or

[F392(iv)relates to an injury to which Section V of this Part applies; or]

(b)to a claim—

(i)which has been allocated to the small claims track; or

(ii)not allocated to a track, but for which the small claims track is the normal track.

(3) For the purposes of this Section—

(a)“employee” has the meaning given to it by section 2(1) of the Employers' Liability (Compulsory Insurance) Act 1969; and

(b)a reference to “fees” is a reference to fees for work done under a conditional fee agreement or collective conditional fee agreement.

Textual Amendments

Percentage increase of solicitors' and counsel’s feesE+W

45.21.  In the cases to which this Section applies, subject to rule 45.22 the percentage increase which is to be allowed in relation to solicitors' and counsel’s fees is to be determined in accordance with rules 45.16 and 45.17, subject to the modifications that—

(a)the percentage increase which is to be allowed in relation to solicitors' fees under rule 45.16(b) is—

(i)27.5% if a membership organisation has undertaken to meet the claimant’s liabilities for legal costs in accordance with section 30 of the Access to Justice Act 1999; and

(ii)25% in any other case; and

(b)the percentage increase which is to be allowed in relation to counsel’s fees under rule 45.17(1)(b)(ii), (1)(c)(ii) or (1)(d) is 25%.

(“membership organisation” is defined in rule 43.2(1)(n))

Alternative percentage increaseE+W

45.22.—(1) In the cases to which this Section applies, rule 45.18(2)-(4) applies where—

(a)the percentage increase of solicitors' fees to be allowed in accordance with rule 45.21 is 25% or 27.5%; or

(b)the percentage increase of counsel’s fees to be allowed is 25%.

(2) Where the percentage increase of fees is assessed by the court under rule 45.18(4) as applied by paragraph (1) above—

(a)if the percentage increase is assessed as greater than 40% or less than 15%, the percentage increase to be allowed shall be that assessed by the court; and

(b)if the percentage increase is assessed as no greater than 40% and no less than 15%—

(i)the percentage increase to be allowed shall be 25% or 27.5% (as the case may be); and

(ii)the costs of the application and assessment shall be paid by the applicant.]

[F393V FIXED RECOVERABLE SUCCESS FEES IN EMPLOYER'S LIABILITY DISEASE CLAIMSE+W

Textual Amendments

Scope and InterpretationE+W

45.23—(1) Subject to paragraph (2), this Section applies where—

(a)the dispute is between an employee (or, if the employee is deceased, the employee’s estate or dependants) and his employer (or a person alleged to be liable for the employer’s alleged breach of statutory or common law duties of care); and

(b)the dispute relates to a disease with which the employee is diagnosed that is alleged to have been contracted as a consequence of the employer’s alleged breach of statutory or common law duties of care in the course of the employee’s employment; and

(c)the claimant has entered into a funding arrangement of a type specified in rule 43.2(1)(k)(i).

(2) This Section does not apply where—

(a)the claimant sent a letter of claim to the defendant containing a summary of the facts on which the claim is based and main allegations of fault before 1st October 2005; or

(b)rule 45.20(2)(b) applies.

(3) For the purposes of this Section—

(a)rule 45.15(6) applies;

(b)“employee” has the meaning given to it by section 2(1) of the Employers' Liability (Compulsory Insurance) Act 1969;

(c)“Type A claim” means a claim relating to a disease or physical injury alleged to have been caused by exposure to asbestos;

(d)“Type B claim” means a claim relating to—

(i)a psychiatric injury alleged to have been caused by work-related psychological stress;

(ii)a work-related upper limb disorder which is alleged to have been caused by physical stress or strain, excluding hand/arm vibration injuries; and

(e)“Type C claim” means a claim relating to a disease not falling within either type A or type B.

(The Table annexed to the Practice Direction supplementing Part 45 contains a non-exclusive list of diseases within Type A and Type B).

Percentage increase of solicitors' feesE+W

45.24—(1) In the cases to which this Section applies, subject to rule 45.26, the percentage increase which is to be allowed in relation to solicitors' fees is—

(a)100% if the claim concludes at trial; or

(b)where—

(i)the claim concludes before a trial has commenced; or

(ii)the dispute is settled before a claim is issued,

to be determined by rule 45.24(2).

(2) Where rule 45.24(1)(b) applies, the percentage increase which is to be allowed in relation to solicitors' fees is—

(a)in type A claims—

(i)30% if a membership organisation has undertaken to meet the claimant’s liabilities for legal costs in accordance with section 30 of the Access to Justice Act 1999; and

(ii)27.5% in any other case;

(b)in type B claims, 100%; and

(c)in type C claims—

(i)70% if a membership organisation has undertaken to meet the claimant’s liabilities for legal costs in accordance with section 30 of the Access to Justice Act 1999; and

(ii)62.5% in any other case.

(“Membership organisation” is defined in rule 43.2(1)(n)).

Percentage increase of counsel’s feesE+W

45.25—(1) In the cases to which this Section applies, subject to rule 45.26, the percentage increase which is to be allowed in relation to counsel’s fees is—

(a)100% if the claim concludes at trial; or

(b)where—

(i)the claim concludes before a trial has commenced; or

(ii)the dispute is settled before a claim is issued,

to be determined by rule 45.25(2).

(2) Where rule 45.25(1)(b) applies, the percentage increase which is to be allowed in relation to counsel’s fees is—

(a)if the claim has been allocated to the fast track, the amount shown in Table 6; and

(b)if the claim has been allocated to the multi-track, the amount shown in Table 7.

(3) Where a trial period has been fixed, rules 45.17(2) to 45.17(5) apply for the purposes of determining the date fixed for the commencement of the trial.

Table 6

Claims allocated to the fast track

If the claim concludes 14 days or less before the date fixed for commencement of the trialIf the claim concludes more than 14 days before the date fixed for commencement of the trial or before any such date has been fixed
Type A claim50%27.5%
Type B claim100%100%
Type C claim62.5%62.5%
Table 7

Claims allocated to the multi-track

If the claim concludes 21 days or less before the date fixed for commencement of the trialIf the claim concludes more than 21 days before the date fixed for commencement of the trial or before any such date has been fixed
Type A claim75%27.5%
Type B claim100%100%
Type C claim75%62.5%

Alternative percentage increaseE+W

45.26—(1) In cases to which this Section applies and subject to paragraph (2) below, rules 45.18(2) to (4) apply where the percentage increase is the amount allowed under rules 45.24 and 45.25.

(2) For the purposes of this section, the sum of £250,000 shall be substituted for the sum of £500,000 in rules 45.18(2)(a) to (c).

(3) Where the percentage increase of fees is assessed by the court under rule 45.18(4), as applied by paragraph 1 above, the percentage increase to be allowed shall be the amount shown in Table 8.

(4) The percentage increase cannot be varied where the case concludes at trial.

Table 8
Type of claimAmount Allowed
AIf the percentage increase is assessed as greater than 40% or less than 15%, the percentage increase that is assessed by the court.

If the percentage increase is assessed as no greater than 40% and no less than 15%–

(i)

27.5%; and

(ii)

the costs of the application and assessment shall be paid by the applicant.

BIf the percentage increase is assessed as less than 75%, the percentage increase that is assessed by the court.

If the percentage increase is assessed as no less than 75%–

(i)

100%; and

(ii)

the costs of the application and assessment shall be paid by the applicant.

CIf the percentage increase is assessed as greater than 75% or less than 50%, the percentage increase that is assessed by the court.

If the percentage increase is assessed as no greater than 75% and no less than 50%–

(i)

62.5%; and

(ii)

the costs of the application and assessment shall be paid by the applicant.]

PART 46E+WFAST TRACK TRIAL COSTS

Contents of this Part

Scope of this Part46.1
Amount of fast track trial costs46.2
Power to award more or less than amount of fast track trial costs46.3
Fast track trial costs where there is more than one claimant or defendant46 4

Scope of this PartE+W

46.1—(1) This Part deals with the amount of costs which the court may award as the costs of an advocate for preparing for and appearing at the trial of a claim in the fast track (referred to in this rule as “fast track trial costs”).

(2) For the purposes of this Part—

(a)“advocate” means a person exercising a right of audience as a representative of, or on behalf of, a party;

(b)“fast track trial costs” means the costs of a party’s advocate for preparing for and appearing at the trial, but does not include—

(i)any other disbursements; or

(ii)any value added tax payable on the fees of a party’s advocate; and

(c)“trial” includes a hearing where the court decides an amount of money or the value of goods following a judgment under Part 12 (default judgment) or Part 14 (admissions) but does not include—

(i)the hearing of an application for summary judgment under Part 24; or

(ii)the court’s approval of a settlement or other compromise under rule 21.10.

(Part 21 deals with claims made by or on behalf of, or against, children and [F394protected parties] )

Textual Amendments

Commencement Information

I333Rule 46.1 in force at 26.4.1999, see Signature

Amount of fast track trial costsE+W

46.2—(1) The following table shows the amount of fast track trial costs which the court may award (whether by summary or detailed assessment).

Value of the claimAmount of fast track trial costs which the court may award
[F395No more than £3,000][F396£485]
More than £3,000 but not more than £10,000[F397£690]
More than £10,000[F398£1,035]

(2) The court may not award more or less than the amount shown in the table except where—

(a)it decides not to award any fast track trial costs; or

(b)rule 46.3 applies,

but the court may apportion the amount awarded between the parties to reflect their respective degrees of success on the issues at trial.

(3) Where the only claim is for the payment of money—

(a)for the purpose of quantifying fast track trial costs awarded to a claimant, the value of the claim is the total amount of the judgment excluding—

(i)interest and costs; and

(ii)any reduction made for contributory negligence;

(b)for the purpose of the quantifying fast track trial costs awarded to a defendant, the value of the claim is—

(i)the amount specified in the claim form (excluding interest and costs);

(ii)if no amount is specified, the maximum amount which the claimant reasonably expected to recover according to the statement of value included in the claim form under rule 16.3; or

(iii)more than £10,000, if the claim form states that the claimant cannot reasonably say how much he expects to recover.

(4) Where the claim is only for a remedy other than the payment of money the value of the claim is deemed to be more than £3,000 but not more than £10,000, unless the court orders otherwise.

(5) Where the claim includes both a claim for the payment of money and for a remedy other than the payment of money, the value of the claim is deemed to be the higher of—

(a)the value of the money claim decided in accordance with paragraph (3); or

(b)the deemed value of the other remedy decided in accordance with paragraph (4),

unless the court orders otherwise.

(6) Where—

(a)a defendant has made a counterclaim against the claimant;

(b)the counterclaim has a higher value than the claim; and

(c)the claimant succeeds at trial both on his claim and the counterclaim,

for the purpose of quantifying fast track trial costs awarded to the claimant, the value of the claim is the value of the defendant’s counterclaim calculated in accordance with this rule.

(Rule 20.4 sets out how a defendant may make a counterclaim)

Textual Amendments

F396Sum in rule 46.2(1) Table substituted (1.10.2007) by The Civil Procedure (Amendment) Rules 2007 (S.I. 2007/2204), rules 1, 14(b)(ii) (with rule 22)

F397Sum in rule 46.2(1) Table substituted (1.10.2007) by The Civil Procedure (Amendment) Rules 2007 (S.I. 2007/2204), rules 1, 14(b)(iii) (with rule 22)

F398Sum in rule 46.2(1) Table substituted (1.10.2007) by The Civil Procedure (Amendment) Rules 2007 (S.I. 2007/2204), rules 1, 14(b)(iv) (with rule 22)

Commencement Information

I334Rule 46.2 in force at 26.4.1999, see Signature

Power to award more or less than the amount of fast track trial costsE+W

46.3—(1) This rule sets out when a court may award—

(a)an additional amount to the amount of fast track trial costs shown in the table in rule 46.2(1); and

(b)less than those amounts.

(2) If—

(a)in addition to the advocate, a party’s legal representative attends the trial;

(b)the court considers that it was necessary for a legal representative to attend to assist the advocate; and

(c)the court awards fast track trial costs to that party,

the court may award an additional [F399£345] in respect of the legal representative’s attendance at the trial.

(Legal representative is defined in rule 2.3)

[F400(2A) The court may in addition award a sum representing an additional liability.

(The requirements to provide information about a funding arrangement where a party wishes to recover any additional liability under a funding arrangement are set out in the costs practice direction)

(“Additional liability” is defined in rule 43.2)]

(3) If the court considers that it is necessary to direct a separate trial of an issue then the court may award an additional amount in respect of the separate trial but that amount is limited in accordance with paragraph (4) of this rule.

(4) The additional amount the court may award under paragraph 3 must not exceed two-thirds of the amount payable for that claim, subject to a minimum award of [F401£485.]

(5) Where the party to whom fast track trial costs are to be awarded is a litigant in person, the court will award—

(a)if the litigant in person can prove financial loss, two thirds of the amount that would otherwise be awarded; or

(b)if the litigant in person fails to prove financial loss, an amount in respect of the time spent reasonably doing the work at the rate specified in the costs practice direction.

(6) Where a defendant has made a counterclaim against the claimant and—

(a)the claimant has succeeded on his claim; and

(b)the defendant has succeeded on his counterclaim,

the court will quantify the amount of the award of fast track trial costs to which—

(i)but for the counterclaim, the claimant would be entitled for succeeding on his claim; and

(ii)but for the claim, the defendant would be entitled for succeeding on his counterclaim,

and make one award of the difference, if any, to the party entitled to the higher award of costs.

(7) Where the court considers that the party to whom fast track trial costs are to be awarded has behaved unreasonably or improperly during the trial, it may award that party an amount less than would otherwise be payable for that claim, as it considers appropriate.

(8) Where the court considers that the party who is to pay the fast track trial costs has behaved improperly during the trial the court may award such additional amount to the other party as it considers appropriate.

Textual Amendments

F399Sum in rule 46.3(2) substituted (1.10.2007) by The Civil Procedure (Amendment) Rules 2007 (S.I. 2007/2204), rules 1, 14(c) (with rule 22)

F400Rule 46.3(2A) and words inserted (3.7.2000) by The Civil Procedure (Amendment No. 3) Rules 2000 (S.I. 2000/1317), rules 1, 21 (with rule 39)

F401Sum in rule 46.3(4) substituted (1.10.2007) by The Civil Procedure (Amendment) Rules 2007 (S.I. 2007/2204), rules 1, 14(d) (with rule 22)

Commencement Information

I335Rule 46.3 in force at 26.4.1999, see Signature

Fast track trial costs where there is more than one claimant or defendantE+W

46.4—(1) Where the same advocate is acting for more than one party—

(a)the court may make only one award in respect of fast track trial costs payable to that advocate; and

(b)the parties for whom the advocate is acting are jointly entitled to any fast track trial costs awarded by the court.

(2) Where—

(a)the same advocate is acting for more than one claimant; and

(b)each claimant has a separate claim against the defendant,

the value of the claim, for the purpose of quantifying the award in respect of fast track trial costs is to be ascertained in accordance with paragraph (3).

(3) The value of the claim in the circumstances mentioned in paragraph (2) is—

(a)where the only claim of each claimant is for the payment of money—

(i)if the award of fast track trial costs is in favour of the claimants, the total amount of the judgment made in favour of all the claimants jointly represented; or

(ii)if the award is in favour of the defendant, the total amount claimed by the claimants,

and in either case, quantified in accordance with rule 46.2(3);

(b)where the only claim of each claimant is for a remedy other than the payment of money, deemed to be more than £3,000 but not more than £10,000; and

(c)where claims of the claimants include both a claim for the payment of money and for a remedy other than the payment of money, deemed to be—

(i)more than £3,000 but not more than £10,000; or

(ii)if greater, the value of the money claims calculated in accordance with sub paragraph (a) above.

(4) Where—

(a)there is more than one defendant; and

(b)any or all of the defendants are separately represented,

the court may award fast track trial costs to each party who is separately represented.

(5) Where—

(a)there is more than one claimant; and

(b)a single defendant,

the court may make only one award to the defendant of fast track trial costs, for which the claimants are jointly and severally liable. (GL)

(6) For the purpose of quantifying the fast track trial costs awarded to the single defendant under paragraph (5), the value of the claim is to be calculated in accordance with paragraph (3) of this rule.

Commencement Information

I336Rule 46.4 in force at 26.4.1999, see Signature

PART 47E+WPROCEDURE FOR DETAILED ASSESSMENT OF COSTS AND DEFAULT PROVISIONS

Modifications etc. (not altering text)

C32Pt. 47 applied (with modifications) (1.4.2001) by The Court of Protection Rules 2001 (S.I. 2001/824), rules 1, 86 (with rule 91)

C34Pt. 47 applied (with modifications) (24.2.2003) by S.I. 1987/2024, rule 60(1)(3)–(7) (as substituted by The Non-Contentious Probate (Amendment) Rules 2003 (S.I. 2003/185), rules 1, 5 (with rule 3))

C35Pt. 47 applied (with modifications) (30.12.2005) by The Family Procedure (Adoption) Rules 2005 (S.I. 2005/2795), rule 5(3) (with rule 5(4))

C37Pt. 47 applied in part (with modifications) (1.10.2007) by The Court of Protection Rules 2007 (S.I. 2007/1744), rules 1, 160

Contents of this Part

I. GENERAL RULES ABOUT DETAILED ASSESSMENT
Time when detailed assessment may be carried outRule 47.1
No stay of detailed assessment where there is an appealRule 47.2
Powers of an authorised court officerRule 47.3
Venue for detailed assessment proceedingsRule 47.4
II. COSTS PAYABLE BY ONE PARTY TO ANOTHER—COMMENCEMENT OF DETAILED ASSESSMENT PROCEEDINGS
Application of this sectionRule 47.5
Commencement of detailed assessment proceedingsRule 47.6
Period for commencing detailed assessment proceedingsRule 47.7
Sanction for delay in commencing detailed assessment proceedingsRule 47.8
Points of dispute and consequence of not servingRule 47.9
Procedure where costs are agreedRule 47.10
III COSTS PAYABLE BY ONE PARTY TO ANOTHER—DEFAULT PROVISIONS
Default costs certificateRule 47.11
Setting aside default costs certificateRule 47.12
IV COSTS PAYABLE BY ONE PARTY TO ANOTHER—PROCEDURE WHERE POINTS OF DISPUTE ARE SERVED
Optional replyRule 47.13
Detailed assessment hearingRule 47.14
V INTERIM COSTS CERTIFICATE AND FINAL COSTS CERTIFICATE
Power to issue an interim certificateRule 47.15
Final costs certificateRule 47.16
[F402VI DETAILED ASSESSMENT PROCEDURE FOR COSTS OF A LSC FUNDED CLIENT OR AN ASSISTED PERSON WHERE COSTS ARE PAYABLE OUT OF THE COMMUNITY LEGAL SERVICE FUND]
Detailed assessment procedure for costs of an assisted person where costs are payable out of the legal aid fundRule 47.17
[F403Detailed assessment procedure where costs are payable out of a fund other than the Community Legal Service Fund Rule 47.17A]
VII COSTS OF DETAILED ASSESSMENT PROCEEDINGS
Liability for costs of detailed assessment proceedingsRule 47.18
Offers to settle without prejudice save as to costs of the detailed assessment proceedingsRule 47.19
[F404VIII. APPEALS FROM AUTHORISED COURT OFFICERS IN DETAILED ASSESSMENT PROCEEDINGS
Right to appealRule 47.20
Court to hear appealRule 47.21
Appeal procedureRule 47.22
Powers of the court on appealRule 47.23]

Textual Amendments

F402Words in Pt. 47 Table of Contents substituted (3.7.2000) by The Civil Procedure (Amendment No. 3) Rules 2000 (S.I. 2000/1317), rules 1, 22(a) (with rule 39)

F403Words in Pt. 47 Table of Contents inserted (3.7.2000) by The Civil Procedure (Amendment No. 3) Rules 2000 (S.I. 2000/1317), rules 1, 22(b) (with rule 39)

(The definitions contained in Part 43 are relevant to this Part)

SECTION I—GENERAL RULES ABOUT DETAILED ASSESSMENTE+W

Time when detailed assessment may be carried outE+W

47.1  The general rule is that the costs of any proceedings or any part of the proceedings are not to be assessed by the detailed procedure until the conclusion of the proceedings but the court may order them to be assessed immediately.

(The costs practice direction gives further guidance about when proceedings are concluded for the purpose of this rule)

Commencement Information

I337Rule 47.1 in force at 26.4.1999, see Signature

No stay of detailed assessment where there is an appealE+W

47.2  Detailed assessment is not stayed pending an appeal unless the court so orders.

Commencement Information

I338Rule 47.2 in force at 26.4.1999, see Signature

Powers of an authorised court officerE+W

47.3—(1) An authorised court officer has all the powers of the court when making a detailed assessment, except—

(a)power to make a wasted costs order as defined in rule 48.7;

(b)power to make an order under—

(i)rule 44.14 (powers in relation to misconduct);

(ii)rule 47.8 (sanction for delay in commencing detailed assessment proceedings);

(iii)paragraph (2) (objection to detailed assessment by authorised court officer); and

(c)power to make a detailed assessment of costs payable to a solicitor by his client, unless the costs are being assessed under rule 48.5 (costs where money is payable to a child or [F405protected party]).

(2) Where a party objects to the detailed assessment of costs being made by an authorised court officer, the court may order it to be made by a costs judge or a district judge.

(The costs practice direction sets out the relevant procedure)

Textual Amendments

Commencement Information

I339Rule 47.3 in force at 26.4.1999, see Signature

Venue for detailed assessment proceedingsE+W

47.4—(1) All applications and requests in detailed assessment proceedings must be made to or filed at the appropriate office.

(The costs practice direction sets out the meaning of “appropriate office” in any particular case)

(2) The court may direct that the appropriate office is to be the Supreme Court Costs Office.

(3) A county court may direct that another county court is to be the appropriate office.

(4) A direction under paragraph (3) may be made without proceedings being transferred to that court.

(Rule 30.2 makes provision for any county court to transfer the proceedings to another county court for detailed assessment of costs)

Commencement Information

I340Rule 47.4 in force at 26.4.1999, see Signature

SECTION II—COSTS PAYABLE BY ONE PARTY TO ANOTHER—COMMENCE MENT OF DETAILED ASSESSMENT PROCEEDINGSE+W

Application of this SectionE+W

47.5  This section of Part 47 applies where a costs officer is to make a detailed assessment of costs which are payable by one party to another.

Commencement Information

I341Rule 47.5 in force at 26.4.1999, see Signature

Commencement of detailed assessment proceedingsE+W

47.6—(1) Detailed assessment proceedings are commenced by the receiving party serving on the paying party—

(a)notice of commencement in the relevant practice form; and

(b)a copy of the bill of costs.

(Rule 47.7 sets out the period for commencing detailed assessment proceedings)

(2) The receiving party must also serve a copy of the notice of commencement and the bill on any other relevant persons specified in the costs practice direction.

(3) A person on whom a copy of the notice of commencement is served under paragraph (2) is a party to the detailed assessment proceedings (in addition to the paying party and the receiving party).

(The costs practice direction deals with—

  • other documents which the party must file when he requests detailed assessment;

  • the court’s powers where it considers that a hearing may be necessary;

  • the form of a bill; and

  • the length of notice which will be given if a hearing date is fixed)

Commencement Information

I342Rule 47.6 in force at 26.4.1999, see Signature

Period for commencing detailed assessment proceedingsE+W

47.7  The following table shows the period for commencing detailed assessment proceedings.

Source of right to detailed assessmentTime by which detailed assessment proceedings must be commenced
Judgment, direction, order, award or other determination3 months after the date of the judgment etc. Where detailed assessment is stayed pending an appeal, 3 months after the date of the order lifting the stay.
Discontinuance under Part 383 months after the date of service of notice of discontinuance under rule 38.3; or 3 months after the date of the dismissal of application to set the notice of discontinuance aside under rule 38.4
Acceptance of an offer to settle F406... under Part 363 months after the date when the right to costs arose.

Textual Amendments

Commencement Information

I343Rule 47.7 in force at 26.4.1999, see Signature

Sanction for delay in commencing detailed assessment proceedingsE+W

47.8—(1) Where the receiving party fails to commence detailed assessment proceedings within the period specified—

(a)in rule 47.7; or

(b)by any direction of the court,

the paying party may apply for an order requiring the receiving party to commence detailed assessment proceedings within such time as the court may specify.

(2) On an application under paragraph (1), the court may direct that, unless the receiving party commences detailed assessment proceedings within the time specified by the court, all or part of the costs to which the receiving party would otherwise be entitled will be disallowed.

(3) If—

(a)the paying party has not made an application in accordance with paragraph (1); and

(b)the receiving party commences the proceedings later than the period specified in rule 47.7,

the court may disallow all or part of the interest otherwise payable to the receiving party under—

(i)section 17 of the Judgments Act 1838(48); or

(ii)section 74 of the County Courts Act 1984(49),

  • but must not impose any other sanction except in accordance with rule 44.14 (powers in relation to misconduct).

(4) Where the costs to be assessed in a detailed assessment are payable out of the [F407Community Legal Service Fund], this rule applies as if the receiving party were the solicitor to whom the costs are payable and the paying party were the [F408Legal Services Commission].

Textual Amendments

Commencement Information

I344Rule 47.8 in force at 26.4.1999, see Signature

Points of dispute and consequence of not servingE+W

47.9—(1) The paying party and any other party to the detailed assessment proceedings may dispute any item in the bill of costs by serving points of dispute on—

(a)the receiving party; and

(b)every other party to the detailed assessment proceedings.

(2) The period for serving points of dispute is 21 days after the date of service of the notice of commencement.

(3) If a party serves points of dispute after the period set out in paragraph (2), he may not be heard further in the detailed assessment proceedings unless the court gives permission.

(The costs practice direction sets out requirements about the form of points of dispute)

(4) The receiving party may file a request for a default costs certificate if—

(a)the period set out in rule 47.9(2) for serving points of dispute has expired; and

(b)he has not been served with any points of dispute.

(5) If any party (including the paying party) serves points of dispute before the issue of a default costs certificate the court may not issue the default costs certificate.

(Section IV of this Part sets out the procedure to be followed after points of dispute have been filed)

Commencement Information

I345Rule 47.9 in force at 26.4.1999, see Signature

Procedure where costs are agreedE+W

47.10—(1) If the paying party and the receiving party agree the amount of costs, either party may apply for a costs certificate (either interim or final) in the amount agreed.

(Rule 47.15 and Rule 47.16 contain further provisions about interim and final costs certificates respectively)

[F409(2) An application for a certificate under paragraph (1) must be made to the court which would be the venue for detailed assessment proceedings under rule 47.4.]

Textual Amendments

Commencement Information

I346Rule 47.10 in force at 26.4.1999, see Signature

SECTION III—COSTS PAYABLE BY ONE PARTY TO ANOTHER—DEFAULT PROVISIONSE+W

Default costs certificateE+W

47.11—(1) Where the receiving party is permitted by rule 47.9 to obtain a default costs certificate, he does so by filing a request in the relevant practice form.

(The costs practice direction deals with the procedure by which the receiving party may obtain a default costs certificate)

(2) A default costs certificate will include an order to pay the costs to which it relates.

[F410(3) Where a receiving party obtains a default costs certificate, the costs payable to him for the commencement of detailed assessment proceedings shall be the sum set out in the costs practice direction.]

Textual Amendments

Commencement Information

I347Rule 47.11 in force at 26.4.1999, see Signature

Setting aside default costs certificateE+W

47.12—(1) The court must set aside a default costs certificate if the receiving party was not entitled to it.

(2) In any other case, the court may set aside or vary a default costs certificate if it appears to the court that there is some good reason why the detailed assessment proceedings should continue.

(3) Where—

(a)the receiving party has purported to serve the notice of commencement on the paying party;

(b)a default costs certificate has been issued; and

(c)the receiving party subsequently discovers that the notice of commencement did not reach the paying party at least 21 days before the default costs certificate was issued,

the receiving party must—

(i)file a request for the default costs certificate to be set aside; or

(ii)apply to the court for directions.

(4) Where paragraph (3) applies, the receiving party may take no further step in

(a)the detailed assessment proceedings; or

(b)the enforcement of the default costs certificate,

until the certificate has been set aside or the court has given directions.

(The costs practice direction contains further details about the procedure for setting aside a default costs certificate and the matters which the court must take into account)

Commencement Information

I348Rule 47.12 in force at 26.4.1999, see Signature

SECTION IV—COSTS PAYABLE BY ONE PARTY TO ANOTHER—PROCEDURE WHERE POINTS OF 7DISPUTE ARE SERVEDE+W

Optional replyE+W

47.13—(1) Where any party to the detailed assessment proceedings serves points of dispute, the receiving party may serve a reply on the other parties to the assessment proceedings.

(2) He may do so within 21 days after service on him of the points of dispute to which his reply relates.

[F411(The costs practice direction sets out the meaning of reply)]

Textual Amendments

Commencement Information

I349Rule 47.13 in force at 26.4.1999, see Signature

Detailed assessment hearingE+W

47.14—(1) Where points of dispute are served in accordance with this Part, the receiving party must file a request for a detailed assessment hearing.

(2) He must file the request within 3 months of the expiry of the period for commencing detailed assessment proceedings as specified—

(a)in rule 47.7; or

(b)by any direction of the court.

(3) Where the receiving party fails to file a request in accordance with paragraph (2), the paying party may apply for an order requiring the receiving party to file the request within such time as the court may specify.

(4) On an application under paragraph (3), the court may direct that, unless the receiving party requests a detailed assessment hearing within the time specified by the court, all or part of the costs to which the receiving party would otherwise be entitled will be disallowed.

(5) If—

(a)the paying party has not made an application in accordance with paragraph (3); and

(b)the receiving party [F412files a request for a detailed assessment hearing] later than the period specified in paragraph (2),

the court may disallow all or part of the interest otherwise payable to the receiving party under—

(i)section 17 of the Judgments Act 1838(50); or

(ii)section 74 of the County Courts Act 1984(51),

but must not impose any other sanction except in accordance with rule 44.14 (powers in relation to misconduct).

(6) No [F413party] other than—

(a)the receiving party;

(b)the paying party; and

(c)any party who has served points of dispute under rule 47.9,

may be heard at the detailed assessment hearing unless the court gives permission.

(7) Only items specified in the points of dispute may be raised at the hearing, unless the court gives permission.

(The costs practice direction specifies other documents which must be filed with the request for hearing and the length of notice which the court will give when it fixes a hearing date)

Textual Amendments

Commencement Information

I350Rule 47.14 in force at 26.4.1999, see Signature

SECTION V—INTERIM COSTS CERTIFICATE AND FINAL COSTS CERTIFICATEE+W

Power to issue an interim certificateE+W

47.15—(1) The court may at any time after the receiving party has filed a request for a detailed assessment hearing—

(a)issue an interim costs certificate for such sum as it considers appropriate;

(b)amend or cancel an interim certificate.

(2) An interim certificate will include an order to pay the costs to which it relates, unless the court orders otherwise.

(3) The court may order the costs certified in an interim certificate to be paid into court.

Commencement Information

I351Rule 47.15 in force at 26.4.1999, see Signature

Final costs certificateE+W

47.16—(1) In this rule a completed bill means a bill F414... calculated to show the amount due following the detailed assessment of the costs.

(2) The period for filing the completed bill is 14 days after the end of the detailed assessment hearing.

(3) When a completed bill is filed the court will issue a final costs certificate and serve it on the parties to the detailed assessment proceedings.

(4) Paragraph (3) is subject to any order made by the court that a certificate is not to be issued until other costs have been paid.

(5) A final costs certificate will include an order to pay the costs to which it relates, unless the court orders otherwise.

(The costs practice direction deals with the form of a final costs certificate)

Textual Amendments

Commencement Information

I352Rule 47.16 in force at 26.4.1999, see Signature

[F415SECTION VI—DETAILED ASSESSMENT PROCEDURE FOR COSTS OF A LSC FUNDED CLIENT OR AN ASSISTED PERSON WHERE COSTS ARE PAYABLE OUT OF THE COMMUNITY LEGAL SERVICE FUND]E+W

Textual Amendments

Detailed assessment procedure for costs of [F416a LSC funded client or] an assisted person where costs are payable out of the [F417Community Legal Service Fund]E+W

47.17—(1) Where the court is to assess costs of [F418a LSC funded client or] an assisted person which are payable out of the [F417Community Legal Service Fund], [F419that person's] solicitor may commence detailed assessment proceedings by filing a request in the relevant practice form.

(2) A request under paragraph (1) must be filed within 3 months after the date when the right to detailed assessment arose.

(3) The solicitor must also serve a copy of the request for detailed assessment on [F420the LSC funded client or] the assisted person, if notice of [F419that person's] interest has been given to the court in accordance with [F421community legal service or] legal aid regulations.

(4) Where the solicitor has certified that [F422the LSC funded client or] the assisted person wishes to attend an assessment hearing, the court will, on receipt of the request for assessment, fix a date for the assessment hearing.

(5) Where paragraph (3) does not apply, the court will, on receipt of the request for assessment provisionally assess the costs without the attendance of the solicitor, unless it considers that a hearing is necessary.

(6) After the court has provisionally assessed the bill, it will return the bill to the solicitor.

(7) The court will fix a date for an assessment hearing if the solicitor informs the court, within 14 days after he receives the provisionally assessed bill, that he wants the court to hold such a hearing.

Textual Amendments

Commencement Information

I353Rule 47.17 in force at 26.4.1999, see Signature

[F423Detailed assessment procedure where costs are payable out of a fund other than the Community Legal Service FundE+W

47.17A—(1) Where the court is to assess costs which are payable out of a fund other than the Community Legal Service Fund, the receiving party may commence detailed assessment proceedings by filing a request in the relevant practice form.

(2) A request under paragraph (1) must be filed within 3 months after the date when the right to detailed assessment arose.

(3) The court may direct that the party seeking assessment serve a copy of the request on any person who has a financial interest in the outcome of the assessment.

(4) The court will, on receipt of the request for assessment, provisionally assess the costs without the attendance of the receiving party, unless it considers that a hearing is necessary.

(5) After the court has provisionally assessed the bill, it will return the bill to the receiving party.

(6) The court will fix a date for an assessment hearing if the party informs the court, within 14 days after he receives the provisionally assessed bill, that he wants the court to hold such a hearing.]

Textual Amendments

SECTION VII—COSTS OF DETAILED ASSESSMENT PROCEEDINGSE+W

Liability for costs of detailed assessment proceedingsE+W

47.18—(1) The receiving party is entitled to his costs of the detailed assessment proceedings except where—

(a)the provisions of any Act, any of these Rules or any relevant practice direction provide otherwise; or

(b)the court makes some other order in relation to all or part of the costs of the detailed assessment proceedings.

(2) In deciding whether to make some other order, the court must have regard to all the circumstances, including—

(a)the conduct of all the parties;

(b)the amount, if any, by which the bill of costs has been reduced; and

(c)whether it was reasonable for a party to claim the costs of a particular item or to dispute that item.

Commencement Information

I354Rule 47.18 in force at 26.4.1999, see Signature

Offers to settle without prejudice save as to costs of the detailed assessment proceedingsE+W

47.19—(1) Where—

(a)a party (whether the paying party or the receiving party) makes a written offer to settle the costs of the proceedings which gave rise to the assessment proceedings; and

(b)the offer is expressed to be without prejudice(GL) save as to the costs of the detailed assessment proceedings,

the court will take the offer into account in deciding who should pay the costs of those proceedings.

(2) The fact of the offer must not be communicated to the costs officer until the question of costs of the detailed assessment proceedings falls to be decided.

(The costs practice direction provides that rule 47.19 does not apply where the receiving party is [F424a LSC funded client or] an assisted person [F425, unless the court orders otherwise])

Textual Amendments

Commencement Information

I355Rule 47.19 in force at 26.4.1999, see Signature

[F426SECTION VIII—APPEALS FROM AUTHORISED COURT OFFICERS IN DETAILED ASSESSMENT PROCEEDINGSE+W

Textual Amendments

Right to appealE+W

47.20—[F427(1)] Any party to detailed assessment proceedings may appeal against a decision of an authorised court officer in those proceedings.

(Part 52 sets out general rules about appeals)

[F428(2) For the purposes of this Section, a LSC funded client or an assisted person is not a party to detailed assessment proceedings.]

Textual Amendments

F427Words in 4 rule 47.20 renumbered as rule 47.20(1) (3.7.2000) by The Civil Procedure (Amendment No. 3) Rules 2000 (S.I. 2000/1317), rules 1, 30(a) (with rule 39)

Court to hear appealE+W

47.21  An appeal against a decision of an authorised court officer is to a costs judge or a district judge of the High Court.

Appeal procedureE+W

47.22—(1) The appellant must file an appeal notice within [F42921] days after the date of the decision he wishes to appeal against.

(2) On receipt of the appeal notice, the court will—

(a)serve a copy of the notice on the parties to the detailed assessment proceedings; and

(b)give notice of the appeal [F430hearing] to those parties.

Textual Amendments

Powers of the court on appealE+W

47.23  On an appeal from an authorised court officer the court will—

(a)re-hear the proceedings which gave rise to the decision appealed against; and

(b)make any order and give any directions as it considers appropriate.]

PART 48E+WCOSTS—SPECIAL CASES

Modifications etc. (not altering text)

C38Pt. 48 applied (with modifications) (1.4.2001) by The Court of Protection Rules 2001 (S.I. 2001/824), rules 1, 86 (with rule 91)

C40Pt. 48 applied (with modifications) (24.2.2003) by S.I. 1987/2024, rule 60(1)(3)–(7) (as substituted by The Non-Contentious Probate (Amendment) Rules 2003 (S.I. 2003/185), rules 1, 5 (with rule 3))

C41Pt. 48 applied (with modifications) (30.12.2005) by The Family Procedure (Adoption) Rules 2005 (S.I. 2005/2795), rule 5(3)

C42Pt. 48 applied in part (with modifications) (1.10.2007) by The Court of Protection Rules 2007 (S.I. 2007/1744), rules 1, 160

Contents of this Part

I COSTS PAYABLE BY OR TO PARTICULAR PERSONS
Pre-commencement disclosure and orders for disclosure against a person who is not a party48.1
Costs orders in favour of or against non-parties48.2
Amount of costs where costs are payable pursuant to a contract48.3
Limitations on court’s power to award costs in favour of trustee or personal representative48.4
Costs where money is payable by or to a child or [F431protected party]48.5
Litigants in person48.6
[F432Costs where the court has made a Group Litigation Order 48.6A]
II COSTS RELATING TO SOLICITORS AND OTHER LEGAL REPRESENTATIVES
Personal liability of legal representative for costs—wasted costs orders48.7
Basis of detailed assessment of solicitor and client costs48.8
Conditional fees48.9
Assessment procedure48.10

Textual Amendments

F431Words in Pt. 48 Table of Contents substituted (1.10.2007) by The Civil Procedure (Amendment) Rules 2007 (S.I. 2007/2204), rules 1, 16(a)

F432Words in Pt. 48 Table of Contents inserted (3.7.2000) by The Civil Procedure (Amendment No. 3) Rules 2000 (S.I. 2000/1317), rules 1, 32 (with rule 39)

(The definitions contained in Part 43 are relevant to this Part)

SECTION 1—COSTS PAYABLE BY OR TO PARTICULAR PERSONSE+W

Pre-commencement disclosure and orders for disclosure against a person who is not a partyE+W

48.1—(1) This paragraph applies where a person applies—

(a)for an order under—

(i)section 33 of the Supreme Court Act 1981(52); or

(ii)section 52 of the County Courts Act 1984(53),

(which give the court powers exercisable before commencement of proceedings); or

(b)for an order under—

(i)section 34 of the Supreme Court Act 1981(54); or

(ii)section 53 of the County Courts Act 1984(55),

(which give the court power to make an order against a non-party for disclosure of documents, inspection of property etc.).

(2) The general rule is that the court will award the person against whom the order is sought his costs—

(a)of the application; and

(b)of complying with any order made on the application.

(3) The court may however make a different order, having regard to all the circumstances, including—

(a)the extent to which it was reasonable for the person against whom the order was sought to oppose the application; and

(b)whether the parties to the application have complied with any relevant pre-action protocol.

Commencement Information

I356Rule 48.1 in force at 26.4.1999, see Signature

Costs orders in favour of or against non-partiesE+W

48.2—(1) Where the court is considering whether to exercise its power under section 51 of the Supreme Court Act 1981(56) (costs are in the discretion of the court) to make a costs order in favour of or against a person who is not a party to proceedings—

(a)that person must be added as a party to the proceedings for the purposes of costs only; and

(b)he must be given a reasonable opportunity to attend a hearing at which the court will consider the matter further.

(2) This rule does not apply—

(a)where the court is considering whether to—

(i)make an order against the [F433Legal Services Commission];

(ii)make a wasted costs order (as defined in 48.7); and

(b)in proceedings to which rule 48.1 applies (pre-commencement disclosure and orders for disclosure against a person who is not a party).

Textual Amendments

Commencement Information

I357Rule 48.2 in force at 26.4.1999, see Signature

Amount of costs where costs are payable pursuant to a contractE+W

48.3—(1) Where the court assesses (whether by the summary or detailed procedure) costs which are payable by the paying party to the receiving party under the terms of a contract, the costs payable under those terms are, unless the contract expressly provides otherwise, to be presumed to be costs which—

(a)have been reasonably incurred; and

(b)are reasonable in amount,

and the court will assess them accordingly.

(The costs practice direction sets out circumstances where the court may order otherwise)

(2) This rule does not apply where the contract is between a solicitor and his client.

Commencement Information

I358Rule 48.3 in force at 26.4.1999, see Signature

Limitations on court’s power to award costs in favour of trustee or personal representativeE+W

48.4—(1) This rule applies where—

(a)a person is or has been a party to any proceedings in the capacity of trustee or personal representative; and

(b)rule 48.3 does not apply.

[F434(2) The general rule is that he is entitled to be paid the costs of those proceedings, insofar as they are not recovered from or paid by any other person, out of the relevant trust fund or estate.

(3) Where he is entitled to be paid any of those costs out of the fund or estate, those costs will be assessed on the indemnity basis.]

Textual Amendments

Commencement Information

I359Rule 48.4 in force at 26.4.1999, see Signature

Costs where money is payable by or to a child or [F435protected party] E+W

48.5—(1) This rule applies to any proceedings where a party is a child or [F436protected party] and—

(a)money is ordered or agreed to be paid to, or for the benefit of, that party; or

(b)money is ordered to be paid by him or on his behalf.

(“Child” and “[F436protected party]” [F437have the same meaning as in rule 21.1(2)])

(2) The general rule is that—

(a)the court must order a detailed assessment of the costs payable by [F438, or out of money belonging to,] any party who is a child or [F436protected party] F439...; and

[F440(b)on an assessment under paragraph (a), the court must also assess any costs payable to that party in the proceedings, unless—

(i)the court has issued a default costs certificate in relation to those costs under rule 47.11; or

(ii)the costs are payable in proceedings to which Section II of Part 45 applies.]

(3) The court need not order detailed assessment of costs in the circumstances set out in the costs practice direction.

(4) Where—

(a)a claimant is a child or [F436protected party]; and

(b)a detailed assessment has taken place under paragraph (2)(a),

the only amount payable by the child or [F436protected party] F441... is the amount which the court certifies as payable.

(This rule applies to a counterclaim by or on behalf of child or [F436protected party] by virtue of rule 20.3)

Textual Amendments

F435Words in rule 48.5 heading substituted (1.10.2007) by The Civil Procedure (Amendment) Rules 2007 (S.I. 2007/2204), rules 1, 16(b)

Commencement Information

I360Rule 48.5 in force at 26.4.1999, see Signature

Litigants in personE+W

48.6—(1) This rule applies where the court orders (whether by summary assessment or detailed assessment) that the costs of a litigant in person are to be paid by any other person.

(2) The costs allowed under this rule must not exceed, except in the case of a disbursement, two-thirds of the amount which would have been allowed if the litigant in person had been represented by a legal representative.

[F442(3) The litigant in person shall be allowed—

(a)costs for the same categories of—

(i)work; and

(ii)disbursements,

which would have been allowed if the work had been done or the disbursements had been made by a legal representative on the litigant in person’s behalf;

(b)the payments reasonably made by him for legal services relating to the conduct of the proceedings; and

(c)the costs of obtaining expert assistance in assessing the costs claim.]

(The costs practice direction deals with who may be an expert for the purpose of paragraph (2)(c))

[F443(4) The amount of costs to be allowed to the litigant in person for any item of work claimed shall be—

(a)where the litigant can prove financial loss, the amount that he can prove he has lost for time reasonably spent on doing the work; or

(b)where the litigant cannot prove financial loss, an amount for the time reasonably spent on doing the work at the rate set out in the practice direction.]

(5) A litigant who is allowed costs for attending at court to conduct his case is not entitled to a witness allowance in respect of such attendance in addition to those costs.

(6) For the purposes of this rule, a litigant in person includes—

(a)a company or other corporation which is acting without a legal representative; and

(b)a barrister, solicitor, solicitor’s employee or other authorised litigator (as defined in the Courts and Legal Services Act 1990(57)) who is acting for himself.

Textual Amendments

Commencement Information

I361Rule 48.6 in force at 26.4.1999, see Signature

[F444Costs where the court has made a Group Litigation OrderE+W

48.6A—(1) This rule applies where the court has made a Group Litigation Order (“ GLO”).

(2) In this rule—

(a)“individual costs” means costs incurred in relation to an individual claim on the group register;

(b)“common costs” means—

(i)costs incurred in relation to the GLO issues;

(ii)individual costs incurred in a claim while it is proceeding as a test claim, and

(iii)costs incurred by the lead solicitor in administering the group litigation; and

(c)“group litigant” means a claimant or defendant, as the case may be, whose claim is entered on the group register.

(3) Unless the court orders otherwise, any order for common costs against group litigants imposes on each group litigant several liability(GL) for an equal proportion of those common costs.

(4) The general rule is that where a group litigant is the paying party, he will, in addition to any costs he is liable to pay to the receiving party, be liable for—

(a)the individual costs of his claim; and

(b)an equal proportion, together with all the other group litigants, of the common costs.

(5) Where the court makes an order about costs in relation to any application or hearing which involved—

(a)one or more GLO issues; and

(b)issues relevant only to individual claims,

the court will direct the proportion of the costs that is to relate to common costs and the proportion that is to relate to individual costs.

(6) Where common costs have been incurred before a claim is entered on the group register, the court may order the group litigant to be liable for a proportion of those costs.

(7) Where a claim is removed from the group register, the court may make an order for costs in that claim which includes a proportion of the common costs incurred up to the date on which the claim is removed from the group register. (Part 19 sets out rules about group litigation).]

Textual Amendments

SECTION II—COSTS RELATING TO SOLICITORS AND OTHER LEGAL REPRE SENTATIVESE+W

Personal liability of legal representative for costs—wasted costs ordersE+W

48.7—(1) This rule applies where the court is considering whether to make an order under section 51(6) of the Supreme Court Act 1981(58) (court’s power to disallow or (as the case may be) order a legal representative to meet, “wasted costs”).

(2) The court must give the legal representative a reasonable opportunity to attend a hearing to give reasons why it should not make such an order.

F445(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F446(4) When the court makes a wasted costs order, it must—

(a)specify the amount to be disallowed or paid; or

(b)direct a costs judge or a district judge to decide the amount of costs to be disallowed or paid.]

(5) The court may direct that notice must be given to the legal representative’s client, in such manner as the court may direct—

(a)of any proceedings under this rule; or

(b)of any order made under it against his legal representative.

(6) Before making a wasted costs order, the court may direct a costs judge or a district judge to inquire into the matter and report to the court.

(7) The court may refer the question of wasted costs to a costs judge or a district judge, instead of making a wasted costs order.

Textual Amendments

Commencement Information

I362Rule 48.7 in force at 26.4.1999, see Signature

Basis of detailed assessment of solicitor and client costsE+W

48.8—[F447(1) This rule applies to every assessment of a solicitor’s bill to his client except a bill which is to be paid out of the Community Legal Service Fund under the Legal Aid Act 1988 or the Access to Justice Act 1999.]

[F448(1A) Section 74(3) of the Solicitors Act 1974 applies unless the solicitor and client have entered into a written agreement which expressly permits payment to the solicitor of an amount of costs greater than that which the client could have recovered from another party to the proceedings.]

(2) [F449Subject to paragraph (1A),] costs are to be assessed on the indemnity basis but are to be presumed—

(a)to have been reasonably incurred if they were incurred with the express or implied approval of the client;

(b)to be reasonable in amount if their amount was expressly or impliedly approved by the client;

(c)to have been unreasonably incurred if—

(i)they are of an unusual nature or amount; and

(ii)the solicitor did not tell his client that as a result he might not recover all of them from the other party.

[F450(3) Where the court is considering a percentage increase, whether on the application of the legal representative under rule 44.16 or on the application of the client, the court will have regard to all the relevant factors as they reasonably appeared to the solicitor or counsel when the conditional fee agreement was entered into or varied.

(4) In paragraph (3), “conditional fee agreement” means an agreement enforceable under section 58 of the Courts and Legal Services Act 1990 at the date on which that agreement was entered into or varied.]

Textual Amendments

Commencement Information

I363Rule 48.8 in force at 26.4.1999, see Signature

Conditional feesE+W

48.9  F451. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Assessment procedureE+W

48.10—(1) This [F452rule] sets out the procedure to be followed where the court has made an order under Part III of the Solicitors Act 1974(59) for the assessment of costs payable to a solicitor by his client.

(2) The solicitor must serve a breakdown of costs within 28 days of the order for costs to be assessed.

(3) The client must serve points of dispute within 14 days after service on him of the breakdown of costs.

(4) If the solicitor wishes to serve a reply, he must do so within 14 days of service on him of the points of dispute.

(5) Either party may file a request for a hearing date—

(a)after points of dispute have been served; but

(b)no later than 3 months after the date of the order for the costs to be assessed.

(6) This procedure applies subject to any contrary order made by the court.

Textual Amendments

Commencement Information

I364Rule 48.10 in force at 26.4.1999, see Signature

PART 49E+WSPECIALIST PROCEEDINGS

49.—(1) These Rules shall apply to the proceedings listed in paragraph (2) subject to the provisions of the relevant practice direction which applies to those proceedings.E+W

[F453(2) The proceedings referred to in paragraph (1) are proceedings under—

(a)the Companies Act 1985;

(b)the Companies Act 1989;

(c)the Companies Act 2006; and

(d)other legislation relating to companies.]

Textual Amendments

Commencement Information

I365Rule 49 in force at 26.4.1999, see Signature

PART 50E+WAPPLICATION OF THE SCHEDULES

Modifications etc. (not altering text)

C43Pt. 50 applied (with modifications) (30.12.2005) by The Family Procedure (Adoption) Rules 2005 (S.I. 2005/2795), rule 5(5)

50.—(1) The Schedules to these Rules set out, with modifications, certain provisions previously contained in the Rules of the Supreme Court 1965(60) and the County Court Rules 1981(61).E+W

(2) These Rules apply in relation to the proceedings to which the Schedules apply subject to the provisions in the Schedules and the relevant practice directions.

(3) A provision previously contained in the Rules of the Supreme Court 1965—

(a)is headed “RSC”;

(b)is numbered with the Order and rule numbers it bore as part of the RSC; and

(c)unless otherwise stated in the Schedules or the relevant practice direction, applies only to proceedings in the High Court.

(4) A provision previously contained in the County Court Rules 1981—

(a)is headed “CCR”;

(b)is numbered with the Order and rule numbers it bore as part of the CCR; and

(c)unless otherwise stated in the Schedules or the relevant practice direction, applies only to proceedings in the county court.

(5) A reference in a Schedule to a rule by number alone is a reference to the rule so numbered in the Order in which the reference occurs.

(6) A reference in a Schedule to a rule by number prefixed by “CPR” is a reference to the rule with that number in these Rules.

(7) In the Schedules, unless otherwise stated, “the Act” means—

(a)in a provision headed “RSC”, the Supreme Court Act 1981; and

(b)in a provision headed “CCR”, the County Courts Act 1984.

Modifications etc. (not altering text)

C44Rule 50, Sch. 1 savings for effects of S.I. 2001/2792, Sch. 5 (25.3.2002) by The Civil Procedure (Amendment No. 5) Rules 2001 (S.I. 2001/4015), rules 1(c), 43(2)

Commencement Information

I366Rule 50 in force at 26.4.1999, see Signature

PART 51E+W[F454Transitional Arrangements and Pilot Schemes]

Textual Amendments

F45551.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

[F45651.1.]  A practice direction shall make provision for the extent to which these Rules shall apply to proceedings issued before 26th April 1999.E+W

Textual Amendments

Commencement Information

I367Rule 51 in force at 26.4.1999, see Signature

[F45751.2  Practice directions may modify or disapply any provision of these Rules—E+W

(a)for specified periods; and

(b)in relation to proceedings in specified courts,

during the operation of pilot schemes for assessing the use of new practices and procedures in connection with proceedings.]

Textual Amendments

[F458PART 52E+WAPPEALS

Textual Amendments

Modifications etc. (not altering text)

C46Pt. 52 applied (with modifications) (24.2.2003) by S.I. 1987/2024, rule 60(10) (as substituted by The Non-Contentious Probate (Amendment) Rules 2003 (S.I. 2003/185), rules 1, 5 (with rule 3))

Contents of this Part

I GENERAL RULES ABOUT APPEALS

Scope and interpretation

Rule 52.1
Parties to comply with practice directionRule 52.2
PermissionRule 52.3
Appellant’s noticeRule 52.4
Respondent’s noticeRule 52.5
Variation of timeRule 52.6
StayRule 52.7
Amendment of appeal noticeRule 52.8
Striking out appeal notice, setting aside or imposing conditions on permission to appealRule 52.9
Appeal court’s powersRule 52.10
Hearing of appealsRule 52.11
Non-disclosure of Part 36 offers and paymentsRule 52.12
[F459Statutory appeals – court’s power to hear any person Rule 52.12A]

II SPECIAL PROVISIONS APPLYING TO THE COURT OF APPEAL

Second appeals to the court

Rule 52.13
Assignment of appeals to the Court of AppealRule 52.14
Judicial review appealsRule 52.15
Who may exercise the powers of the Court of AppealRule 52.16

[F460SECTION III PROVISIONS ABOUT REOPENING APPEALS

Reopening of final appeals

Rule 52.17]

[F461IV STATUTORY RIGHTS OF APPEAL

Appeals under the Law of Property Act 1922Rule 52.18
Appeals from certain tribunalsRule 52.19
Appeals under certain planning legislationRule 52.20]

Textual Amendments

F459Words in Pt. 52 Table of Contents inserted (1.10.2007) by The Civil Procedure (Amendment) Rules 2007 (S.I. 2007/2204), rules 1, 18(a)

F461Words in Pt. 52 Table of Contents inserted (1.10.2007) by The Civil Procedure (Amendment) Rules 2007 (S.I. 2007/2204), rules 1, 18(b)

I GENERAL RULES ABOUT APPEALSE+W

Scope and interpretationE+W

52.1—(1) The rules in this Part apply to appeals to—

(a)the civil division of the Court of Appeal;

(b)the High Court; and

(c)a county court.

[F462(2) This Part does not apply to an appeal in detailed assessment proceedings against a decision of an authorised court officer.]

F463...

(Rules [F46447.20] to [F46547.23] deal with appeals against a decision of an authorised court officer in detailed assessment proceedings)

(3) In this Part—

(a)“appeal” includes an appeal by way of case stated;

(b)“appeal court” means the court to which an appeal is made;

(c)“lower court” means the court, tribunal or other person or body from whose decision an appeal is brought;

(d)“appellant” means a person who brings or seeks to bring an appeal;

(e)“respondent” means—

(i)a person other than the appellant who was a party to the proceedings in the lower court and who is affected by the appeal; and

(ii)a person who is permitted by the appeal court to be a party to the appeal; and

(f)“appeal notice” means an appellant’s or respondent’s notice.

(4) This Part is subject to any rule, enactment or practice direction which sets out special provisions with regard to any particular category of appeal.

Textual Amendments

Parties to comply with the practice directionE+W

52.2  All parties to an appeal must comply with the relevant practice direction.

PermissionE+W

52.3—(1) An appellant or respondent requires permission to appeal—

(a)where the appeal is from a decision of a judge in a county court or the High Court, except where the appeal is against—

(i)a committal order;

(ii)a refusal to grant habeas corpus; or

(iii)a secure accommodation order made under section 25 of the Children Act 1989(19); or

(b)as provided by the relevant practice direction.

(Other enactments may provide that permission is required for particular appeals)

(2) An application for permission to appeal may be made—

(a)to the lower court at the hearing at which the decision to be appealed was made; or

(b)to the appeal court in an appeal notice.

(Rule 52.4 sets out the time limits for filing an appellant’s notice at the appeal court. Rule 52.5 sets out the time limits for filing a respondent’s notice at the appeal court. Any application for permission to appeal to the appeal court must be made in the appeal notice (see rules 52.4(1) and 52.5(3))

(Rule 52.13(1) provides that permission is required from the Court of Appeal for all appeals to that court from a decision of a county court or the High Court which was itself made on appeal)

(3) Where the lower court refuses an application for permission to appeal, a further application for permission to appeal may be made to the appeal court.

(4) [F466Subject to paragraph (4A), where] the appeal court, without a hearing, refuses permission to appeal, the person seeking permission may request the decision to be reconsidered at a hearing.

[F467(4A) Where the Court of Appeal refuses permission to appeal without a hearing, it may, if it considers that the application is totally without merit, make an order that the person seeking permission may not request the decision to be reconsidered at a hearing. The court may not make such an order in family proceedings.

  • (“Family proceedings” is defined by section 32 of the Matrimonial and Family Proceedings Act 1984)

(4B) °Rule 3.3(5) will not apply to an order that the person seeking permission may not request the decision to be reconsidered at a hearing made under paragraph (4A).]

(5) A request under paragraph (4) must be filed within seven days after service of the notice that permission has been refused.

(6) [F468Permission to appeal may be given only where]—

(a)the court considers that the appeal would have a real prospect of success; or

(b)there is some other compelling reason why the appeal should be heard.

(7) An order giving permission may—

(a)limit the issues to be heard; and

(b)be made subject to conditions.

(Rule 3.1(3) also provides that the court may make an order subject to conditions)

(Rule 25.15 provides for the court to order security for costs of an appeal)

Textual Amendments

Appellant’s noticeE+W

52.4—(1) Where the appellant seeks permission from the appeal court it must be requested in the appellant’s notice.

(2) The appellant must file the appellant’s notice at the appeal court within—

(a)such period as may be directed by the lower court [F469(which may be longer or shorter than the period referred to in sub-paragraph (b))]; or

(b)where the court makes no such direction, [F47021] days after the date of the decision of the lower court that the appellant wishes to appeal.

(3) Unless the appeal court orders otherwise, [F471an appellant’s notice] must be served on each respondent—

(a)as soon as practicable; and

(b)in any event not later than 7 days,

after it is filed.

Textual Amendments

Respondent’s noticeE+W

52.5—(1) A respondent may file and serve a respondent’s notice.

(2) A respondent who—

(a)is seeking permission to appeal from the appeal court; or

(b)wishes to ask the appeal court to uphold the order of the lower court for reasons different from or additional to those given by the lower court,

must file a respondent’s notice.

(3) Where the respondent seeks permission from the appeal court it must be requested in the respondent’s notice.

(4) A respondent’s notice must be filed within—

(a)such period as may be directed by the lower court; or

(b)where the court makes no such direction, 14 days after the date in paragraph (5).

(5) The date referred to in paragraph (4) is—

(a)the date the respondent is served with the appellant’s notice where—

(i)permission to appeal was given by the lower court; or

(ii)permission to appeal is not required;

(b)the date the respondent is served with notification that the appeal court has given the appellant permission to appeal; or

(c)the date the respondent is served with notification that the application for permission to appeal and the appeal itself are to be heard together.

(6) Unless the appeal court orders otherwise a respondent’s notice must be served on the appellant and any other respondent—

(a)as soon as practicable; and

(b)in any event not later than 7 days,

after it is filed.

Variation of timeE+W

52.6—(1) An application to vary the time limit for filing an appeal notice must be made to the appeal court.

(2) The parties may not agree to extend any date or time limit set by—

(a)these Rules;

(b)the relevant practice direction; or

(c)an order of the appeal court or the lower court.

(Rule 3.1(2)(a) provides that the court may extend or shorten the time for compliance with any rule, practice direction or court order (even if an application for extension is made after the time for compliance has expired))

(Rule 3.1(2)(b) provides that the court may adjourn or bring forward a hearing)

Stay(gl)E+W

52.7  Unless—

(a)the appeal court or the lower court orders otherwise; or

(b)the appeal is from the [F472Asylum and Immigration Tribunal],

an appeal shall not operate as a stay of any order or decision of the lower court.

Textual Amendments

Amendment of appeal noticeE+W

52.8  An appeal notice may not be amended without the permission of the appeal court.

Striking out (gl) appeal notices and setting aside or imposing conditions on permission to appealE+W

52.9—(1) The appeal court may—

(a)strike out the whole or part of an appeal notice;

(b)set aside(gl) permission to appeal in whole or in part;

(c)impose or vary conditions upon which an appeal may be brought.

(2) The court will only exercise its powers under paragraph (1) where there is a compelling reason for doing so.

(3) Where a party was present at the hearing at which permission was given he may not subsequently apply for an order that the court exercise its powers under sub-paragraphs (1)(b) or (1)(c).

Appeal court’s powersE+W

52.10—(1) In relation to an appeal the appeal court has all the powers of the lower court.

(Rule 52.1(4) provides that this Part is subject to any enactment that sets out special provisions with regard to any particular category of appeal—where such an enactment gives a statutory power to a tribunal, person or other body it may be the case that the appeal court may not exercise that power on an appeal)

(2) The appeal court has power to—

(a)affirm, set aside or vary any order or judgment made or given by the lower court;

(b)refer any claim or issue for determination by the lower court;

(c)order a new trial or hearing;

(d)make orders for the payment of interest;

(e)make a costs order.

(3) In an appeal from a claim tried with a jury the Court of Appeal may, instead of ordering a new trial—

(a)make an order for damages(gl) or

(b)vary an award of damages made by the jury.

(4) The appeal court may exercise its powers in relation to the whole or part of an order of the lower court.

[F473(5) If the appeal court—

(a)refuses an application for permission to appeal;

(b)strikes out an appellant’s notice; or

(c)dismisses an appeal,

and it considers that the application, the appellant’s notice or the appeal is totally without merit, the provisions of paragraph (6) must be complied with.

(6) Where paragraph (5) applies—

(a)the court’s order must record the fact that it considers the application, the appellant’s notice or the appeal to be totally without merit; and

(b)the court must at the same time consider whether it is appropriate to make a civil restraint order.]

(Part 3 contains general rules about the court’s case management powers)

Textual Amendments

Hearing of appealsE+W

52.11—(1) Every appeal will be limited to a review of the decision of the lower court unless—

(a)a practice direction makes different provision for a particular category of appeal; or

(b)the court considers that in the circumstances of an individual appeal it would be in the interests of justice to hold a re-hearing.

(2) Unless it orders otherwise, the appeal court will not receive—

(a)oral evidence; or

(b)evidence which was not before the lower court.

(3) The appeal court will allow an appeal where the decision of the lower court was—

(a)wrong; or

(b)unjust because of a serious procedural or other irregularity in the proceedings in the lower court.

(4) The appeal court may draw any inference of fact which it considers justified on the evidence.

(5) At the hearing of the appeal a party may not rely on a matter not contained in his appeal notice unless the appeal court gives permission.

Non-disclosure of Part 36 offers and paymentsE+W

52.12—[F474(1) The fact that a Part 36 offer [F475or payment into court] has been made must not be disclosed to any judge of the appeal court who is to hear or determine—

(a)an application for permission to appeal; or

(b)an appeal,

until all questions (other than costs) have been determined.]

(2) Paragraph (1) does not apply if the Part 36 offer [F476or payment into court] is relevant to the substance of the appeal.

(3) Paragraph (1) does not prevent disclosure in any application in the appeal proceedings if disclosure of the fact that a Part 36 offer [F477or payment into court] has been made is properly relevant to the matter to be decided.

[F478(Rule 36.3 has the effect that a Part 36 offer made in proceedings at first instance will not have consequences in any appeal proceedings. Therefore, a fresh Part 36 offer needs to be made in appeal proceedings. However, rule 52.12 applies to a Part 36 offer whether made in the original proceedings or in the appeal.)]

Textual Amendments

[F479Statutory appeals – court’s power to hear any personE+W

52.12A.—(1) In a statutory appeal, any person may apply for permission—

(a)to file evidence; or

(b)to make representations at the appeal hearing.

(2) An application under paragraph (1) must be made promptly.]

Textual Amendments

II SPECIAL PROVISIONS APPLYING TO THE COURT OF APPEALE+W

Second appeals to the courtE+W

52.13—(1) Permission is required from the Court of Appeal for any appeal to that court from a decision of a county court or the High Court which was itself made on appeal.

(2) The Court of Appeal will not give permission unless it considers that—

(a)the appeal would raise an important point of principle or practice; or

(b)there is some other compelling reason for the Court of Appeal to hear it.

Assignment of appeals to the Court of AppealE+W

52.14—(1) Where the court from or to which an appeal is made or from which permission to appeal is sought (“the relevant court”) considers that—

(a)an appeal which is to be heard by a county court or the High Court would raise an important point of principle or practice; or

(b)there is some other compelling reason for the Court of Appeal to hear it,

the relevant court may order the appeal to be transferred to the Court of Appeal.

(The Master of the Rolls has the power to direct that an appeal which would be heard by a county court or the High Court should be heard instead by the Court of Appeal—see section 57 of the Access to Justice Act 1999)(20)

(2) The Master of the Rolls or the Court of Appeal may remit an appeal to the court in which the original appeal was or would have been brought.

Judicial review appealsE+W

52.15—(1) Where permission to apply for judicial review has been refused at a hearing in the High Court, the person seeking that permission may apply to the Court of Appeal for permission to appeal.

(2) An application in accordance with paragraph (1) must be made within 7 days of the decision of the High Court to refuse to give permission to apply for judicial review.

(3) On an application under paragraph (1), the Court of Appeal may, instead of giving permission to appeal, give permission to apply for judicial review.

(4) Where the Court of Appeal gives permission to apply for judicial review in accordance with paragraph (3), the case will proceed in the High Court unless the Court of Appeal orders otherwise.

Who may exercise the powers of the Court of AppealE+W

52.16—(1) A court officer assigned to the Civil Appeals Office who is—

(a)a barrister; or

(b)a solicitor

may exercise the jurisdiction of the Court of Appeal with regard to the matters set out in paragraph (2) with the consent of the Master of the Rolls.

(2) The matters referred to in paragraph (1) are—

(a)any matter incidental to any proceedings in the Court of Appeal;

(b)any other matter where there is no substantial dispute between the parties; and

(c)the dismissal of an appeal or application where a party has failed to comply with any order, rule or practice direction.

(3) A court officer may not decide an application for—

(a)permission to appeal;

(b)bail pending an appeal;

(c)an injunction(gl);

(d)a stay(gl) of any proceedings, other than a temporary stay of any order or decision of the lower court over a period when the Court of Appeal is not sitting or cannot conveniently be convened.

(4) Decisions of a court officer may be made without a hearing.

(5) A party may request any decision of a court officer to be reviewed by the Court of Appeal.

(6) At the request of a party, a hearing will be held to reconsider a decision of—

(a)a single judge; or

(b)a court officer,

made without a hearing.

[F480(6A) A request under paragraph (5) or (6) must be filed within 7 days after the party is served with notice of the decision.]

(7) A single judge may refer any matter for a decision by a court consisting of two or more judges.

(Section 54(6) of the Supreme Court Act 1981(21) provides that there is no appeal from the decision of a single judge on an application for permission to appeal)

(Section 58(2) of the Supreme Court Act 1981(22)provides that there is no appeal to the House of Lords from decisions of the Court of Appeal that—

(a)are taken by a single judge or any officer or member of staff of that court in proceedings incidental to any cause or matter pending before the civil division of that court; and

(b)do not involve the determination of an appeal or of an application for permission to appeal,

and which may be called into question by rules of court. Rules 52.16(5) and (6) provide the procedure for the calling into question of such decisions)

Textual Amendments

[F481Section III—Provisions about reopening appealsE+W

Textual Amendments

Reopening of final appealsE+W

52.17—(1) The Court of Appeal or the High Court will not reopen a final determination of any appeal unless—

(a)it is necessary to do so in order to avoid real injustice;

(b)the circumstances are exceptional and make it appropriate to reopen the appeal; and

(c)there is no alternative effective remedy.

(2) In paragraphs (1), (3), (4) and (6), “appeal” includes an application for permission to appeal.

(3) This rule does not apply to appeals to a county court.

(4) Permission is needed to make an application under this rule to reopen a final determination of an appeal even in cases where under rule 52.3(1) permission was not needed for the original appeal.

(5) There is no right to an oral hearing of an application for permission unless, exceptionally, the judge so directs.

(6) The judge will not grant permission without directing the application to be served on the other party to the original appeal and giving him an opportunity to make representations.

(7) There is no right of appeal or review from the decision of the judge on the application for permission, which is final.

(8) The procedure for making an application for permission is set out in the practice direction.]

[F482[F483IV] STATUTORY RIGHTS OF APPEALE+W

Textual Amendments

F483 Pt. 52 Section 6 renumbered as Pt. 52 Section 4 (6.4.2008) by The Civil Procedure (Amendment No.2) Rules 2007 (S.I. 2007/3543), rules 1(b), 6

Appeals under the Law of Property Act 1922E+W

52.18.  An appeal lies to the High Court against a decision of the Secretary of State under paragraph 16 of Schedule 15 to the Law of Property Act 1922.

Appeals from certain tribunalsE+W

52.19.—(1) A person who was a party to proceedings before a tribunal referred to in section 11(1) of the Tribunals and Inquiries Act 1992 and is dissatisfied in point of law with the decision of the tribunal may appeal to the High Court.

(2) The tribunal may, of its own initiative or at the request of a party to the proceedings before it, state, in the form of a special case for the decision of the High Court, a question of law arising in the course of the proceedings.

Appeals under certain planning legislationE+W

52.20.—(1) Where the Secretary of State has given a decision in proceedings on an appeal under Part VII of the Town and Country Planning Act 1990 against an enforcement notice—

(a)the appellant;

(b)the local planning authority; or

(c)another person having an interest in the land to which the notice relates,

may appeal to the High Court against the decision on a point of law.

(2) Where the Secretary of State has given a decision in proceedings on an appeal under Part VIII of that Act against a notice under section 207 of that Act—

(a)the appellant;

(b)the local planning authority; or

(c)any person (other than the appellant) on whom the notice was served,

may appeal to the High Court against the decision on a point of law.

(3) Where the Secretary of State has given a decision in proceedings on an appeal under section 39 of the Planning (Listed Buildings and Conservation Areas) Act 1990 against a listed building enforcement notice—

(a)the appellant;

(b)the local planning authority; or

(c)any other person having an interest in the land to which the notice relates,

may appeal to the High Court against the decision on a point of law.]]

[F484PART 53E+WDEFAMATION CLAIMS

Textual Amendments

Contents of this Part

Scope of this PartRule 53.1
Summary disposal under the Defamation Act 1996Rule 53.2
Sources of informationRule 53.3

Scope of this PartE+W

53.1  This Part contains rules about defamation claims.

Summary disposal under the Defamation Act 1996E+W

53.2—(1) This rule provides for summary disposal in accordance with the Defamation Act 1996 (“the Act”)(23).

(2) In proceedings for summary disposal under sections 8 and 9 of the Act, rules 24.4 (procedure), 24.5 (evidence) and 24.6 (directions) apply.

(3) An application for summary judgment under Part 24 may not be made if—

(a)an application has been made for summary disposal in accordance with the Act, and that application has not been disposed of; or

(b)summary relief has been granted on an application for summary disposal under the Act.

(4) The court may on any application for summary disposal direct the defendant to elect whether or not to make an offer to make amends under section 2 of the Act.

(5) When it makes a direction under paragraph (4), the court will specify the time by which and the manner in which—

(a)the election is to be made; and

(b)notification of it is to be given to the court and the other parties.

Sources of informationE+W

53.3  Unless the court orders otherwise, a party will not be required to provide further information about the identity of the defendant’s sources of information.

(Part 18 provides for requests for further information)]

[F485PART 54E+W[F486JUDICIAL REVIEW AND STATUTORY REVIEW]

Textual Amendments

Contents of this Part

[F487I JUDICIAL REVIEW
Scope and interpretationRule 54.1
When this Section must be usedRule 54.2
When this Section may be usedRule 54.3
Permission requiredRule 54.4
Time limit for filing claim formRule 54.5
Claim formRule 54.6
Service of claim formRule 54.7
Acknowledgment of serviceRule 54.8
Failure to file acknowledgment of serviceRule 54.9
Permission givenRule 54.10
Service of order giving or refusing permissionRule 54.11
Permission decision without a hearingRule 54.12
Defendant etc. may not apply to set aside(GL)Rule 54.13
ResponseRule 54.14
Where claimant seeks to rely on additional groundsRule 54.15
EvidenceRule 54.16
Court’s powers to hear any personRule 54.17
Judicial review may be decided without a hearingRule 54.18
Court’s powers in respect of quashing ordersRule 54.19
TransferRule 54.20
F488. . .
F489. . .F489. . .
F489. . .F489. . .
F489. . .F489. . .
F489. . .F489. . .
F489. . .F489. . .
F489. . .F489. . .
F489. . .F489. . .
[F490III – APPLICATIONS FOR STATUTORY REVIEW UNDER SECTION 103A OF THE NATIONALITY, IMMIGRATION AND ASYLUM ACT 2002
Scope and interpretationRule 54.28
Application for reviewRule 54.29
Application to extend time limitRule 54.30
Procedure while filter provision has effectRule 54.31
Procedure in fast track cases while filter provision does not have effectRule 54.32
Determination of the application by the Administrative CourtRule 54.33
Service of orderRule 54.34
CostsRule 54.35]]

Textual Amendments

F488Words in Pt. 54 Table of Contents omitted (6.4.2008) by virtue of The Civil Procedure (Amendment No.2) Rules 2007 (S.I. 2007/3543), rules 1(b), 7(a)(i)

F489Words in Pt. 54 Table of Contents omitted (6.4.2008) by virtue of The Civil Procedure (Amendment No.2) Rules 2007 (S.I. 2007/3543), rules 1(b), 7(a)(ii)

F490Words in Pt. 54 Table of Contents inserted (4.4.2005) by The Civil Procedure (Amendment) Rules 2005 (S.I. 2005/352), rule 1(1), Sch. Pt. 1 (with rule 9)

[F491SECTION I—E+WJUDICIAL REVIEW]

Textual Amendments

Scope and interpretationE+W

54.1—(1) [F492This Section of this Part] contains rules about judicial review.

(2) [F493In this Section]—

(a)a “claim for judicial review” means a claim to review the lawfulness of—

(i)an enactment; or

(ii)a decision, action or failure to act in relation to the exercise of a public function.

F494(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F495(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F496(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)“the judicial review procedure” means the Part 8 procedure as modified by [F497this Section];

(f)“interested party” means any person (other than the claimant and defendant) who is directly affected by the claim; and

(g)“court” means the High Court, unless otherwise stated.

(Rule 8.1(6)(b) provides that a rule or practice direction may, in relation to a specified type of proceedings, disapply or modify any of the rules set out in Part 8 as they apply to those proceedings)

Textual Amendments

When this [F498Section] must be usedE+W

54.2  —The judicial review procedure must be used in a claim for judicial review where the claimant is seeking—

(a)a mandatory order;

(b)a prohibiting order;

(c)a quashing order; or

(d)an injunction under section 30 of the Supreme Court Act 1981 (restraining a person from acting in any office in which he is not entitled to act).

Textual Amendments

When this [F499Section] may be usedE+W

54.3—(1) The judicial review procedure may be used in a claim for judicial review where the claimant is seeking—

(a)a declaration; or

(b)an injunction(gl).

(Section 31(2) of the Supreme Court Act 1981 sets out the circumstances in which the court may grant a declaration or injunction in a claim for judicial review)

  • (Where the claimant is seeking a declaration or injunction in addition to one of the remedies listed in rule 54.2, the judicial review procedure must be used)

(2) A claim for judicial review may include a claim for damages [F500, restitution or the recovery of a sum due] but may not seek [F501such a remedy] alone.

(Section 31(4) of the Supreme Court Act 1981 sets out the circumstances in which the court may award damages [F502, restitution or the recovery of a sum due] on a claim for judicial review)

Textual Amendments

Permission requiredE+W

54.4  The court’s permission to proceed is required in a claim for judicial review whether started under this [F503Section] or transferred to the Administrative Court.

Textual Amendments

Time limit for filing claim formE+W

54.5—(1) The claim form must be filed—

(a)promptly; and

(b)in any event not later than 3 months after the grounds to make the claim first arose.

(2) The time limit in this rule may not be extended by agreement between the parties.

(3) This rule does not apply when any other enactment specifies a shorter time limit for making the claim for judicial review.

Claim formE+W

54.6—(1) In addition to the matters set out in rule 8.2 (contents of the claim form) the claimant must also state—

(a)the name and address of any person he considers to be an interested party;

(b)that he is requesting permission to proceed with a claim for judicial review; and

(c)any remedy (including any interim remedy) he is claiming.

(Part 25 sets out how to apply for an interim remedy)

(2) The claim form must be accompanied by the documents required by the relevant practice direction.

Service of claim formE+W

54.7  The claim form must be served on—

(a)the defendant; and

(b)unless the court otherwise directs, any person the claimant considers to be an interested party, within 7 days after the date of issue.

Acknowledgment of serviceE+W

54.8—(1) Any person served with the claim form who wishes to take part in the judicial review must file an acknowledgment of service in the relevant practice form in accordance with the following provisions of this rule.

(2) Any acknowledgment of service must be—

(a)filed not more than 21 days after service of the claim form; and

(b)served on—

(i)the claimant; and

(ii)subject to any direction under rule 54.7(b), any other person named in the claim form,

as soon as practicable and, in any event, not later than 7 days after it is filed.

(3) The time limits under this rule may not be extended by agreement between the parties.

(4) The acknowledgment of service—

(a)must—

(i)where the person filing it intends to contest the claim, set out a summary of his grounds for doing so; and

(ii)state the name and address of any person the person filing it considers to be an interested party; and

(b)may include or be accompanied by an application for directions.

(5) Rule 10.3(2) does not apply.

Failure to file acknowledgment of serviceE+W

54.9—(1) Where a person served with the claim form has failed to file an acknowledgment of service in accordance with rule 54.8, he—

(a)may not take part in a hearing to decide whether permission should be given unless the court allows him to do so; but

(b)provided he complies with rule 54.14 or any other direction of the court regarding the filing and service of—

(i)detailed grounds for contesting the claim or supporting it on additional grounds; and

(ii)any written evidence,

may take part in the hearing of the judicial review.

(2) Where that person takes part in the hearing of the judicial review, the court may take his failure to file an acknowledgment of service into account when deciding what order to make about costs.

(3) Rule 8.4 does not apply.

Permission givenE+W

54.10—(1) Where permission to proceed is given the court may also give directions.

(2) Directions under paragraph (1) may include a stay(gl) of proceedings to which the claim relates.

  • (Rule 3.7 provides a sanction for the non-payment of the fee payable when permission to proceed has been given)

Service of order giving or refusing permissionE+W

54.11  The court will serve—

(a)the order giving or refusing permission; and

(b)any directions,

on—

(i)the claimant;

(ii)the defendant; and

(iii)any other person who filed an acknowledgment of service.

Permission decision without a hearingE+W

54.12—(1) This rule applies where the court, without a hearing—

(a)refuses permission to proceed; or

(b)gives permission to proceed—

(i)subject to conditions; or

(ii)on certain grounds only.

(2) The court will serve its reasons for making the decision when it serves the order giving or refusing permission in accordance with rule 54.11.

(3) The claimant may not appeal but may request the decision to be reconsidered at a hearing.

(4) A request under paragraph (3) must be filed within 7 days after service of the reasons under paragraph (2).

(5) The claimant, defendant and any other person who has filed an acknowledgment of service will be given at least 2 days' notice of the hearing date.

Defendant etc. may not apply to set aside(gl)E+W

54.13  Neither the defendant nor any other person served with the claim form may apply to set aside(gl) an order giving permission to proceed.

ResponseE+W

54.14—(1) A defendant and any other person served with the claim form who wishes to contest the claim or support it on additional grounds must file and serve—

(a)detailed grounds for contesting the claim or supporting it on additional grounds; and

(b)any written evidence,

within 35 days after service of the order giving permission.

(2) The following rules do not apply—

(a)rule 8.5(3) and 8.5(4) (defendant to file and serve written evidence at the same time as acknowledgment of service); and

(b)rule 8.5(5) and 8.5(6) (claimant to file and serve any reply within 14 days).

Where claimant seeks to rely on additional groundsE+W

54.15  The court’s permission is required if a claimant seeks to rely on grounds other than those for which he has been given permission to proceed.

EvidenceE+W

54.16—(1) Rule 8.6 [F504(1)] does not apply.

(2) No written evidence may be relied on unless—

(a)it has been served in accordance with any—

(i)rule under this [F505Section]; or

(ii)direction of the court; or

(b)the court gives permission.

Textual Amendments

Court’s powers to hear any personE+W

54.17—(1) Any person may apply for permission—

(a)to file evidence; or

(b)make representations at the hearing of the judicial review.

(2) An application under paragraph (1) should be made promptly.

Judicial review may be decided without a hearingE+W

54.18  The court may decide the claim for judicial review without a hearing where all the parties agree.

Court’s powers in respect of quashing ordersE+W

54.19—(1) This rule applies where the court makes a quashing order in respect of the decision to which the claim relates.

[F506(2) The court may—

(a)(i)remit the matter to the decision-maker; and

(ii)direct it to reconsider the matter and reach a decision in accordance with the judgment of the court; or

(b)in so far as any enactment permits, substitute its own decision for the decision to which the claim relates.

(Section 31 of the Supreme Court Act 1981 enables the High Court, subject to certain conditions, to substitute its own decision for the decision in question.)]

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F507. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

TransferE+W

54.20  The court may—

(a)order a claim to continue as if it had not been started under this [F508Section]; and

(b)where it does so, give directions about the future management of the claim.

(Part 30 (transfer) applies to transfers to and from the Administrative Court)

Textual Amendments

F509...E+W

Textual Amendments

F509Pt. 54 Section 2 heading omitted (6.4.2008) by virtue of The Civil Procedure (Amendment No.2) Rules 2007 (S.I. 2007/3543), rules 1(b), 7(d)(i)

Scope and interpretationE+W

F51054.21  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Application for reviewE+W

F51054.22  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Time limit for applicationE+W

F51054.23  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Service of applicationE+W

F51054.24  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Determining the applicationE+W

F51054.25  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Service of orderE+W

F51054.26  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

CostsE+W

F51054.27  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F511III – APPLICATIONS FOR STATUTORY REVIEW UNDER SECTION 103A OF THE NATIONALITY, IMMIGRATION AND ASYLUM ACT 2002E+W

Textual Amendments

Scope and interpretationE+W

54.28.—(1) This Section of this Part contains rules about applications to the High Court under section 103A of the Nationality, Immigration and Asylum Act 2002 for an order requiring the Asylum and Immigration Tribunal to reconsider its decision on an appeal.

(2) In this Section—

(a)“the 2002 Act” means the Nationality, Immigration and Asylum Act 2002;

(b)“the 2004 Act” means the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004;

(c)“appellant” means the appellant in the proceedings before the Tribunal;

(d)“applicant” means a person applying to the High Court under section 103A;

(e)“asylum claim” has the meaning given in section 113(1) of the 2002 Act;

[F512(ea)“fast track case” means any case in relation to which an order made under section 26(8) of the 2004 Act provides that the time period for making an application under section 103A(1) of the 2002 Act or giving notification under paragraph 30(5) of Schedule 2 to the 2004 Act is less than 5 days;]

(f)“filter provision” means paragraph 30 of Schedule 2 to the 2004 Act;

(g)“order for reconsideration” means an order under section 103A(1) requiring the Tribunal to reconsider its decision on an appeal;

(h)“section 103A” means section 103A of the 2002 Act;

(i)“Tribunal” means the Asylum and Immigration Tribunal.

(3) Any reference in this Section to a period of time specified in—

(a)section 103A(3) for making an application for an order under section 103A(1); or

(b)paragraph 30(5)(b) of Schedule 2 to the 2004 Act for giving notice under that paragraph,

includes a reference to that period as varied by any order under section 26(8) of the 2004 Act.

(4) Rule 2.8 applies to the calculation of the periods of time specified in—

(a)section 103A(3); and

(b)paragraph 30(5)(b) of Schedule 2 to the 2004 Act.

(5) Save as provided otherwise, the provisions of this Section apply to an application under section 103A regardless of whether the filter provision has effect in relation to that application.

Textual Amendments

[F513Representation of applicants while filter provision has effectE+W

54.28A.—(1) This rule applies during any period in which the filter provision has effect.

(2) An applicant may, for the purpose of taking any step under rule 54.29 or 54.30, be represented by any person permitted to provide him with immigration advice or immigration services under section 84 of the Immigration and Asylum Act 1999.

(3) A representative acting for an applicant under paragraph (2) shall be regarded as the applicant’s legal representative for the purpose of rule 22.1 (Documents to be verified by a statement of truth) regardless of whether he would otherwise be so regarded.

Textual Amendments

Service of documents on appellants within the jurisdictionE+W

54.28B.—(1) In proceedings under this Section, rules 6.4(2) and 6.5(5) do not apply to the service of documents on an appellant who is within the jurisdiction.

(2) Where a representative is acting for an appellant who is within the jurisdiction, a document must be served on the appellant by—

(a)serving it on his representative; or

(b)serving it on the appellant personally or sending it to his address by first class post [F514(or an alternative service which provides for delivery on the next working day)],

but if the document is served on the appellant under sub-paragraph (b), a copy must also at the same time be sent to his representative.]

Textual Amendments

Application for reviewE+W

54.29.—(1) Subject to paragraph [F515(5)], an application for an order for reconsideration must be made by filing an application notice—

(a)during a period in which the filter provision has effect, with the Tribunal at the address specified in the relevant practice direction; and

(b)at any other time, at the Administrative Court Office.

(2) [F516During any period in which the filter provision does not have effect, the applicant] must file with the application notice—

(a)the notice of the immigration, asylum or nationality decision to which the appeal related;

(b)any other document which was served on the appellant giving reasons for that decision;

(c)the grounds of appeal to the Tribunal;

(d)the Tribunal’s determination on the appeal; and

(e)any other documents material to the application which were before the Tribunal.

[F517(2A) During any period in which the filter provision has effect, the applicant must file with the application notice a list of the documents referred to in paragraph (2)(a) to (e).]

(3) The applicant must also file with the application notice written submissions setting out—

(a)the grounds upon which it is contended that the Tribunal made an error of law which may have affected its decision; and

(b)reasons in support of those grounds.

(4) Where the applicant—

(a)was the respondent to the appeal; and

(b)was required to serve the Tribunal’s determination on the appellant,

the application notice must contain a statement of the date on which, and the means by which, the determination was served.

(5) Where the applicant is in detention under the Immigration Acts, the application may be made either—

(a)in accordance with paragraphs (1) to (3); or

(b)by serving the documents specified in paragraphs (1) to (3) on the person having custody of him.

(6) Where an application is made in accordance with paragraph (5)(b), the person on whom the application notice is served must—

(a)endorse on the notice the date that it is served on him;

(b)give the applicant an acknowledgment in writing of receipt of the notice; and

(c)forward the notice and documents within 2 days—

(i)during a period in which the filter provision has effect, to the Tribunal; and

(ii)at any other time, to the Administrative Court Office.

Textual Amendments

Application to extend time limitE+W

54.30.  An application to extend the time limit for making an application under section 103A(1) must—

(a)be made in the application notice;

(b)set out the grounds on which it is contended that the application notice could not reasonably practicably have been filed within the time limit; and

(c)be supported by written evidence verified by a statement of truth.

Procedure while filter provision has effectE+W

54.31.—(1) This rule applies during any period in which the filter provision has effect.

(2) Where the applicant receives notice from the Tribunal that it—

(a)does not propose to make an order for reconsideration; or

(b)does not propose to grant permission for the application to be made outside the relevant time limit,

and the applicant wishes the court to consider the application, the applicant must file a notice in writing at the Administrative Court Office in accordance with paragraph 30(5)(b) of Schedule 2 to the 2004 Act.

[F518(2A) The applicant must file with the notice—

(a)a copy of the Tribunal’s notification that it does not propose to make an order for reconsideration or does not propose to grant permission for the application to be made outside the relevant time limit (referred to in CPR rule 54.31(2));

(b)any other document which was served on the applicant by the Tribunal giving reasons for its decision in paragraph (a);

(c)written evidence in support of any application by the applicant seeking permission to make the application outside the relevant time limit, if applicable;

(d)a copy of the application for reconsideration under section 103A of the 2002 Act (Form AIT/103A), as submitted to the Tribunal (referred to in Rule 54.29(1)(a).]

(3) Where the applicant—

(a)was the respondent to the appeal; and

(b)was required to serve the notice from the Tribunal mentioned in paragraph (2) on the appellant,

the notice filed in accordance with paragraph 30(5)(b) of Schedule 2 to the 2004 Act must contain a statement of the date on which, and the means by which, the notice from the Tribunal was served.

(4) A notice which is filed outside the period specified in paragraph 30(5)(b) must—

(a)set out the grounds on which it is contended that the notice could not reasonably practicably have been filed within that period; and

(b)be supported by written evidence verified by a statement of truth.

(5) If the applicant wishes to respond to the reasons given by the Tribunal for its decision that it—

(a)does not propose to make an order for reconsideration; or

(b)does not propose to grant permission for the application to be made outside the relevant time limit,

the notice filed in accordance with paragraph 30(5)(b) of Schedule 2 to the 2004 Act must be accompanied by written submissions setting out the grounds upon which the applicant disputes any of the reasons given by the Tribunal and giving reasons in support of those grounds.

Textual Amendments

Procedure in fast track cases while filter provision does not have effectE+W

54.32.—(1) This rule applies only during a period in which the filter provision does not have effect.

(2) [F519Where a party applies for an order for reconsideration in a fast track case—]

(a)the court will serve copies of the application notice and written submissions on the other party to the appeal; and

(b)the other party to the appeal may file submissions in response to the application not later than 2 days after being served with the application.

F520(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Determination of the application by the Administrative CourtE+W

54.33.—(1) This rule, and rules 54.34 and 54.35, apply to applications under section 103A which are determined by the Administrative Court.

(2) The application will be considered by a single judge without a hearing.

(3) Unless it orders otherwise, the court will not receive evidence which was not submitted to the Tribunal.

(4) Subject to paragraph (5), where the court determines an application for an order for reconsideration, it may—

(a)dismiss the application;

(b)make an order requiring the Tribunal to reconsider its decision on the appeal under section 103A(1) of the 2002 Act; or

(c)refer the appeal to the Court of Appeal under section 103C of the 2002 Act.

(5) The court will only make an order requiring the Tribunal to reconsider its decision on an appeal if it thinks that—

(a)the Tribunal may have made an error of law; and

(b)there is a real possibility that the Tribunal would make a different decision on reconsidering the appeal (which may include making a different direction under section 87 of the 2002 Act).

(6) Where the Court of Appeal has restored the application to the court under section 103C(2)(g) of the 2002 Act, the court may not refer the appeal to the Court of Appeal.

(7) The court’s decision shall be final and there shall be no appeal from that decision or renewal of the application.

Service of orderE+W

54.34.—(1) The court will send copies of its order to—

(a)the applicant and the other party to the appeal, except where paragraph (2) applies; and

(b)the Tribunal.

(2) Where [F521the appellant is within the jurisdiction and] the application relates, in whole or in part, to an asylum claim, the court will send a copy of its order to the Secretary of State.

[F522(2A) Paragraph (2) does not apply in a fast track case.]

(3) Where the court sends an order to the Secretary of State under paragraph (2), the Secretary of State must—

(a)serve the order on the appellant; and

[F523(b)immediately after serving the order, notify—

(i)the court; and

(ii)where the order requires the Tribunal to reconsider its decision on the appeal, the Tribunal,

on what date and by what method the order was served.]

(4) The Secretary of State must provide the notification required by paragraph (3)(b) no later than 28 days after the date on which the court sends him a copy of its order.

(5) If, 28 days after the date on which the court sends a copy of its order to the Secretary of State in accordance with paragraph (2), the Secretary of State has not provided the notification required by paragraph (3)(b)[F524(i)], the court may serve the order on the appellant.

[F525(5A) Where the court serves an order for reconsideration under paragraph (5), it will notify the Tribunal of the date on which the order was served.]

(6) If the court makes an order under section 103D(1) of the 2002 Act, it will send copies of that order to—

(a)the appellant’s legal representative; and

(b)the Legal Services Commission.

(7) Where paragraph (2) applies, the court will not serve copies of an order under section 103D(1) of the 2002 Act until either—

(a)the Secretary of State has provided the notification required by paragraph (3)(b); or

(b)28 days after the date on which the court sent a copy of its order to the Secretary of State,

whichever is the earlier.

Textual Amendments

CostsE+W

54.35.  The court shall make no order as to the costs of an application under this Section except, where appropriate, an order under section 103D(1) of the 2002 Act.

[F526Continuing an application in circumstances in which it would otherwise be treated as abandonedE+W

54.36.—(1) This rule applies to an application under section 103A of the 2002 Act which—

(a)would otherwise be treated as abandoned under section 104(4A) of the 2002 Act; but

(b)meets the conditions set out in section 104(4B) or section 104(4C) of the 2002 Act.

(2) Where section 104(4A) of the 2002 Act applies and the applicant wishes to pursue the application, the applicant must file a notice at the Administrative Court Office—

(a)where section 104(4B) of the 2002 Act applies, within 28 days of the date on which the applicant received notice of the grant of leave to enter or remain in the United Kingdom for a period exceeding 12 months; or

(b)where section 104(4C) of the 2002 Act applies, within 28 days of the date on which the applicant received notice of the grant of leave to enter or remain in the United Kingdom.

(3) Where the applicant does not comply with the time limits specified in paragraph (2), the application will be treated as abandoned in accordance with section 104(4) of the 2002 Act.

(4) The applicant must serve the notice filed under paragraph (2) on the other party to the appeal.

(5) Where section 104(4B) of the 2002 Act applies, the notice filed under paragraph (2) must state—

(a)the applicant’s full name and date of birth;

(b)the Administrative Court reference number;

(c)the Home Office reference number, if applicable;

(d)the date on which the applicant was granted leave to enter or remain in the United Kingdom for a period exceeding 12 months; and

(e)that the applicant wishes to pursue the application insofar as it is brought on grounds relating to the Refugee Convention specified in section 84(1)(g) of the 2002 Act.

(6) Where section 104(4C) of the 2002 Act applies, the notice filed under paragraph (2) must state—

(a)the applicant’s full name and date of birth;

(b)the Administrative Court reference number;

(c)the Home Office reference number, if applicable;

(d)the date on which the applicant was granted leave to enter or remain in the United Kingdom; and

(e)that the applicant wishes to pursue the application insofar as it is brought on grounds relating to section 19B of the Race Relations Act 1976 specified in section 84(1)(b) of the 2002 Act.

(7) Where an applicant has filed a notice under paragraph (2) the court will notify the applicant of the date on which it received the notice.

(8) The court will send a copy of the notice issued under paragraph (7) to the other party to the appeal.]]]

Textual Amendments

[F527PART 55E+WPOSSESSION CLAIMS

Textual Amendments

Contents of this part
InterpretationRule 55.1
I–GENERAL RULES
ScopeRule 55.2
Starting the claimRule 55.3
Particulars of claimRule 55.4
Hearing dateRule 55.5
Service of claims against trespassersRule 55.6
Defendant’s responseRule 55.7
The hearingRule 55.8
AllocationRule 55.9
Possession claims relating to mortgaged residential propertyRule 55.10
II–ACCELERATED POSSESSION CLAIMS OF PROPERTY LET ON AN ASSURED SHORTHOLD TENANCY
When this section may be usedRule 55.11
ConditionsRule 55.12
Claim formRule 55.13
DefenceRule 55.14
Claim referred to judgeRule 55.15
Consideration of the claimRule 55.16
Possession orderRule 55.17
Postponement of possessionRule 55.18
Application to set aside or varyRule 55.19
[F528SECTION III—INTERIM POSSESSION ORDERS
When this section may be used Rule 55.20
Conditions for IPO application Rule 55.21
The application Rule 55.22
Service Rule 55.23
Defendant’s response Rule 55.24
Hearing of the application Rule 55.25
Service and enforcement of the IPO Rule 55.26
After IPO made Rule 55.27
Application to set aside IPO Rule 55.28]

Textual Amendments

InterpretationE+W

55.1  In this Part—

(a)“a possession claim” means a claim for the recovery of possession of land (including buildings or parts of buildings);

(b)“a possession claim against trespassers” means a claim for the recovery of land which the claimant alleges is occupied only by a person or persons who entered or remained on the land without the consent of a person entitled to possession of that land but does not include a claim against a tenant or sub-tenant whether his tenancy has been terminated or not;

(c)“mortgage” includes a legal or equitable mortgage and a legal or equitable charge and “mortgagee” is to be interpreted accordingly; F529...

[F530(d)“the 1985 Act” means the Housing Act 1985;

(e)“the 1988 Act” means the Housing Act 1988;

(f)“a demotion claim” means a claim made by a landlord for an order under section 82A of the 1985 Act or section 6A of the 1988 Act (“a demotion order”); F531...

(g)“a demoted tenancy” means a tenancy created by virtue of a demotion order] [F532; and

(h)“a suspension claim” means a claim made by a landlord for an order under section 121A of the 1985 Act.]

Textual Amendments

I–GENERAL RULESE+W

ScopeE+W

55.2—(1) The procedure set out in this Section of this Part must be used where the claim includes—

(a)a possession claim brought by a—

(i)landlord (or former landlord);

(ii)mortgagee; or

(iii)licensor (or former licensor);

(b)a possession claim against trespassers; or

(c)a claim by a tenant seeking relief from forfeiture.

[F533(Where a demotion claim or a suspension claim (or both) is made in the same claim form in which a possession claim is started, this Section of this Part applies as modified by rule 65.12. Where the claim is a demotion claim or a suspension claim only, or a suspension claim made in addition to a demotion claim, Section III of Part 65 applies).]

(2) This Section of this Part

(a)is subject to any enactment or practice direction which sets out special provisions with regard to any particular category of claim; F534...

(b)does not apply where the claimant uses the procedure set out in Section II of this Part [F535; and

(c)does not apply where the claimant seeks an interim possession order under Section III of this Part except where the court orders otherwise or that Section so provides]

Textual Amendments

Starting the claimE+W

55.3—(1) The claim must be started in the county court for the district in which the land is situated unless paragraph (2) applies or an enactment provides otherwise.

(2) The claim may be started in the High Court if the claimant files with his claim form a certificate stating the reasons for bringing the claim in that court verified by a statement of truth in accordance with rule 22.1(1).

(3) The practice direction refers to circumstances which may justify starting the claim in the High Court.

(4) Where, in a possession claim against trespassers, the claimant does not know the name of a person in occupation or possession of the land, the claim must be brought against “persons unknown” in addition to any named defendants.

(5) The claim form and form of defence sent with it must be in the forms set out in the relevant practice direction.

Particulars of claimE+W

55.4  The particulars of claim must be filed and served with the claim form.

(The relevant practice direction and Part 16 provide details about the contents of the particulars of claim)

Hearing dateE+W

55.5—(1) The court will fix a date for the hearing when it issues the claim form.

(2) In a possession claim against trespassers the defendant must be served with the claim form, particulars of claim and any witness statements—

(a)in the case of residential property, not less than 5 days; and

(b)in the case of other land, not less than 2 days,

  • before the hearing date.

(3) In all other possession claims—

(a)the hearing date will be not less than 28 days from the date of issue of the claim form;

(b)the standard period between the issue of the claim form and the hearing will be not more than 8 weeks; and

(c)the defendant must be served with the claim form and particulars of claim not less than 21 days before the hearing date.

  • (Rule 3.1(2)(a) provides that the court may extend or shorten the time for compliance with any rule)

Service of claims against trespassersE+W

55.6  Where, in a possession claim against trespassers, the claim has been issued against “persons unknown”, the claim form, particulars of claim and any witness statements must be served on those persons by—

(a)(i)attaching copies of the claim form, particulars of claim and any witness statements to the main door or some other part of the land so that they are clearly visible; and

(ii)if practicable, inserting copies of those documents in a sealed transparent envelope addressed to “the occupiers” through the letter box; or

(b)placing stakes in the land in places where they are clearly visible and attaching to each stake copies of the claim form, particulars of claim and any witness statements in a sealed transparent envelope addressed to “the occupiers”.

Defendant’s responseE+W

55.7—(1) An acknowledgment of service is not required and Part 10 does not apply.

(2) In a possession claim against trespassers rule 15.2 does not apply and the defendant need not file a defence.

(3) Where, in any other possession claim, the defendant does not file a defence within the time specified in rule 15.4, he may take part in any hearing but the court may take his failure to do so into account when deciding what order to make about costs.

(4) Part 12 (default judgment) does not apply in a claim to which this Part applies.

The hearingE+W

55.8—(1) At the hearing fixed in accordance with rule 55.5(1) or at any adjournment of that hearing, the court may—

(a)decide the claim; or

(b)give case management directions.

(2) Where the claim is genuinely disputed on grounds which appear to be substantial, case management directions given under paragraph (1)(b) will include the allocation of the claim to a track or directions to enable it to be allocated.

(3) Except where—

(a)the claim is allocated to the fast track or the multi-track; or

(b)the court orders otherwise,

any fact that needs to be proved by the evidence of witnesses at a hearing referred to in paragraph (1) may be proved by evidence in writing.

  • (Rule 32.2(1) sets out the general rule about evidence. Rule 32.2(2) provides that rule 32.2(1) is subject to any provision to the contrary)

(4) Subject to paragraph (5), all witness statements must be filed and served at least 2 days before the hearing.

(5) In a possession claim against trespassers all witness statements on which the claimant intends to rely must be filed and served with the claim form.

(6) Where the claimant serves the claim form and particulars of claim, he must produce at the hearing a certificate of service of those documents and rule 6.14(2)(a) does not apply.

AllocationE+W

55.9—(1) When the court decides the track for a possession claim, the matters to which it shall have regard include—

(a)the matters set out in rule 26.8 as modified by the relevant practice direction;

(b)the amount of any arrears of rent or mortgage instalments;

(c)the importance to the defendant of retaining possession of the land; F537...

(d)the importance of vacant possession to the claimant [F538; and

(e)if applicable, the alleged conduct of the defendant]

(2) The court will only allocate possession claims to the small claims track if all the parties agree.

(3) Where a possession claim has been allocated to the small claims track the claim shall be treated, for the purposes of costs, as if it were proceeding on the fast track except that trial costs shall be in the discretion of the court and shall not exceed the amount that would be recoverable under rule 46.2 (amount of fast track costs) if the value of the claim were up to £3,000.

(4) Where all the parties agree the court may, when it allocates the claim, order that rule 27.14 (costs on the small claims track) applies and, where it does so, paragraph (3) does not apply.

Textual Amendments

Possession claims relating to mortgaged residential propertyE+W

55.10—(1) This rule applies where a mortgagee seeks possession of land which consists of or includes residential property.

(2) Not less than 14 days before the hearing the claimant must send a notice to the property addressed to “the occupiers”.

(3) The notice referred to in paragraph (2) must—

(a)state that a possession claim for the property has started;

(b)show the name and address of the claimant, the defendant and the court which issued the claim form; and

(c)give details of the hearing.

(4) The claimant must produce at the hearing—

(a)a copy of the notice; and

(b)evidence that he has served it.

[F539Electronic issue of certain possession claimsE+W

55.10A—(1) A practice direction may make provision for a claimant to start certain types of possession claim in certain courts by requesting the issue of a claim form electronically.

(2) The practice direction may, in particular—

(a)provide that only particular provisions apply in specific courts;

(b)specify—

(i)the type of possession claim which may be issued electronically;

(ii)the conditions that a claim must meet before it may be issued electronically;

(c)specify the court where the claim may be issued;

(d)enable the parties to make certain applications or take further steps in relation to the claim electronically;

(e)specify the requirements that must be fulfilled in relation to such applications or steps;

(f)enable the parties to correspond electronically with the court about the claim;

(g)specify the requirements that must be fulfilled in relation to electronic correspondence;

(h)provide how any fee payable on the filing of any document is to be paid where the document is filed electronically.

(3) The Practice Direction may disapply or modify these Rules as appropriate in relation to possession claims started electronically.]

Textual Amendments

II–ACCELERATED POSSESSION CLAIMS OF PROPERTY LET ON AN ASSURED SHORTHOLD TENANCYE+W

When this section may be usedE+W

55.11—(1) The claimant may bring a possession claim under this Section of this Part where—

(a)the claim is brought under section 21 of the 1988 Act(12) to recover possession of residential property let under an assured shorthold tenancy; and

(b)[F540subject to rule 55.12(2),] all the conditions listed in [F541rule 55.12(1)] are satisfied.

(2) The claim must be started in the county court for the district in which the property is situated.

[F542(3) In this Section of this Part, a “demoted assured shorthold tenancy” means a demoted tenancy where the landlord is a registered social landlord.

  • (By virtue of section 20B of the 1988 Act, a demoted assured shorthold tenancy is an assured shorthold tenancy)]

Textual Amendments

ConditionsE+W

55.12— [F543(1)]  The conditions referred to in rule 55.11(1)(b) are that—

(a)the tenancy and any agreement for the tenancy were entered into on or after 15 January 1989;

(b)the only purpose of the claim is to recover possession of the property and no other claim is made;

(c)the tenancy did not immediately follow an assured tenancy which was not an assured shorthold tenancy;

(d)the tenancy fulfilled the conditions provided by section 19A or 20(1)(a) to (c) of the 1988 Act(13);

(e)the tenancy—

(i)was the subject of a written agreement;

(ii)arises by virtue of section 5 of the 1988 Act but follows a tenancy that was the subject of a written agreement; or

(iii)relates to the same or substantially the same property let to the same tenant and on the same terms (though not necessarily as to rent or duration) as a tenancy which was the subject of a written agreement; and

(f)a notice in accordance with sections 21(1) or 21(4) of the 1988 Act(14) was given to the tenant in writing.

[F544(2) If the tenancy is a demoted assured shorthold tenancy, only the conditions in paragraph (1)(b) and (f) need be satisfied.]

Textual Amendments

Claim formE+W

55.13—(1) The claim form must—

(a)be in the form set out in the relevant practice direction; and

(b)(i)contain such information; and

(ii)be accompanied by such documents,

  • as are required by that form.

(2) All relevant sections of the form must be completed.

(3) The court will serve the claim form by first class post [F545(or an alternative service which provides for delivery on the next working day)].

Textual Amendments

DefenceE+W

55.14—(1) A defendant who wishes to—

(a)oppose the claim; or

(b)seek a postponement of possession in accordance with rule 55.18,

  • must file his defence within 14 days after service of the claim form.

(2) The defence should be in the form set out in the relevant practice direction.

Claim referred to judgeE+W

55.15—(1) On receipt of the defence the court will—

(a)send a copy to the claimant; and

(b)refer the claim and defence to a judge.

(2) Where the period set out in rule 55.14 has expired without the defendant filing a defence—

(a)the claimant may file a written request for an order for possession; and

(b)the court will refer that request to a judge.

(3) Where the defence is received after the period set out in rule 55.14 has expired but before a request is filed in accordance with paragraph (2), paragraph (1) will still apply.

(4) Where—

(a)the period set out in rule 55.14 has expired without the defendant filing a defence; and

(b)the claimant has not made a request for an order for possession under paragraph (2) within 3 months after the expiry of the period set out in rule 55.14,

  • the claim will be stayed.

Consideration of the claimE+W

55.16—(1) After considering the claim and any defence, the judge will—

(a)make an order for possession under rule 55.17;

(b)where he is not satisfied as to any of the matters set out in paragraph (2)—

(i)direct that a date be fixed for a hearing; and

(ii)give any appropriate case management directions; or

(c)strike out the claim if the claim form discloses no reasonable grounds for bringing the claim.

(2) The matters referred to in paragraph (1)(b) are that—

(a)the claim form was served; and

(b)the claimant has established that he is entitled to recover possession under section 21 of the 1988 Act against the defendant.

(3) The court will give all parties not less than 14 days' notice of a hearing fixed under paragraph (1)(b)(i).

(4) Where a claim is struck out under paragraph (1)(c)—

(a)the court will serve its reasons for striking out the claim with the order; and

(b)the claimant may apply to restore the claim within 28 days after the date the order was served on him.

Possession orderE+W

55.17  Except where rules 55.16(1)(b) or (c) apply, the judge will make an order for possession without requiring the attendance of the parties.

Postponement of possessionE+W

55.18—(1) Where the defendant seeks postponement of possession on the ground of exceptional hardship under section 89 of the Housing Act 1980(15), the judge may direct a hearing of that issue.

(2) Where the judge directs a hearing under paragraph (1)—

(a)the hearing must be held before the date on which possession is to be given up; and

(b)the judge will direct how many days' notice the parties must be given of that hearing.

(3) Where the judge is satisfied, on a hearing directed under paragraph (1), that exceptional hardship would be caused by requiring possession to be given up by the date in the order of possession, he may vary the date on which possession must be given up.

Application to set aside or varyE+W

55.19  The court may—

(a)on application by a party within 14 days of service of the order; or

(b)of its own initiative,

  • set aside or vary any order made under rule 55.17.

[F546SECTION III—INTERIM POSSESSION ORDERSE+W

Textual Amendments

When this section may be usedE+W

55.20—(1) This Section of this Part applies where the claimant seeks an Interim Possession Order.

(2) In this Section—

(a)“IPO” means Interim Possession Order; and

(b)“premises” has the same meaning as in section 12 of the Criminal Law Act 1977.

(3) Where this Section requires an act to be done within a specified number of hours, rule 2.8(4) does not apply.

Conditions for IPO applicationE+W

55.21—(1) An application for an IPO may be made where the following conditions are satisfied—

(a)the only claim made is a possession claim against trespassers for the recovery of premises;

(b)the claimant—

(i)has an immediate right to possession of the premises; and

(ii)has had such a right throughout the period of alleged unlawful occupation; and

(c)the claim is made within 28 days of the date on which the claimant first knew, or ought reasonably to have known, that the defendant (or any of the defendants), was in occupation.

(2) An application for an IPO may not be made against a defendant who entered or remained on the premises with the consent of a person who, at the time consent was given, had an immediate right to possession of the premises.

The applicationE+W

55.22—(1) Rules 55.3(1) and (4) apply to the claim.

(2) The claim form and the defendant’s form of witness statement must be in the form set out in the relevant practice direction.

(3) When he files his claim form, the claimant must also file—

(a)an application notice in the form set out in the relevant practice direction; and

(b)written evidence.

(4) The written evidence must be given—

(a)by the claimant personally; or

(b)where the claimant is a body corporate, by a duly authorised officer.

  • (Rule 22.1(6)(b) provides that the statement of truth must be signed by the maker of the witness statement)

(5) The court will—

(a)issue—

(i)the claim form; and

(ii)the application for the IPO; and

(b)set a date for the hearing of the application.

(6) The hearing of the application will be as soon as practicable but not less than 3 days after the date of issue.

ServiceE+W

55.23—(1) Within 24 hours of the issue of the application, the claimant must serve on the defendant—

(a)the claim form;

(b)the application notice together with the written evidence in support; and

(c)a blank form for the defendant’s witness statement (as set out in the relevant practice direction) which must be attached to the application notice.

(2) The claimant must serve the documents listed in paragraph (1) in accordance with rule 55.6(a).

(3) At or before the hearing the claimant must file a certificate of service in relation to the documents listed in paragraph (1) and rule 6.14(2)(a) does not apply.

Defendant’s responseE+W

55.24—(1) At any time before the hearing the defendant may file a witness statement in response to the application.

(2) The witness statement should be in the form set out in the relevant practice direction.

Hearing of the applicationE+W

55.25—(1) In deciding whether to grant an IPO, the court will have regard to whether the claimant has given, or is prepared to give, the following undertakings in support of his application—

(a)if, after an IPO is made, the court decides that the claimant was not entitled to the order to—

(i)reinstate the defendant if so ordered by the court; and

(ii)pay such damages as the court may order; and

(b)before the claim for possession is finally decided, not to—

(i)damage the premises;

(ii)grant a right of occupation to any other person; and

(iii)damage or dispose of any of the defendant’s property.

(2) The court will make an IPO if—

(a)the claimant has—

(i)filed a certificate of service of the documents referred to in rule 55.23(1); or

(ii)proved service of those documents to the satisfaction of the court; and

(b)the court considers that—

(i)the conditions set out in rule 55.21(1) are satisfied; and

(ii)any undertakings given by the claimant as a condition of making the order are adequate.

(3) An IPO will be in the form set out in the relevant practice direction and will require the defendant to vacate the premises specified in the claim form within 24 hours of the service of the order.

(4) On making an IPO the court will set a date for the hearing of the claim for possession which will be not less than 7 days after the date on which the IPO is made.

(5) Where the court does not make an IPO—

(a)the court will set a date for the hearing of the claim;

(b)the court may give directions for the future conduct of the claim; and

(c)subject to such directions, the claim shall proceed in accordance with Section I of this Part.

Service and enforcement of the IPOE+W

55.26—(1) An IPO must be served within 48 hours after it is sealed.

(2) The claimant must serve the IPO on the defendant together with copies of—

(a)the claim form; and

(b)the written evidence in support,

in accordance with rule 55.6(a).

(3) CCR Order 26, rule 17 does not apply to the enforcement of an IPO.

(4) If an IPO is not served within the time limit specified by this rule, the claimant may apply to the court for directions for the claim for possession to continue under Section I of this Part.

After IPO madeE+W

55.27—(1) Before the date for the hearing of the claim, the claimant must file a certificate of service in relation to the documents specified in rule 55.26(2).

(2) The IPO will expire on the date of the hearing of the claim.

(3) At the hearing the court may make any order it considers appropriate and may, in particular—

(a)make a final order for possession;

(b)dismiss the claim for possession;

(c)give directions for the claim for possession to continue under Section I of this Part; or

(d)enforce any of the claimant’s undertakings.

(4) Unless the court directs otherwise, the claimant must serve any order or directions in accordance with rule 55.6(a).

(5) CCR Order 24, rule 6 applies to the enforcement of a final order for possession.

Application to set aside IPOE+W

55.28—(1) If the defendant has left the premises, he may apply on grounds of urgency for the IPO to be set aside before the date of the hearing of the claim.

(2) An application under paragraph (1) must be supported by a witness statement.

(3) On receipt of the application, the court will give directions as to-

(a)the date for the hearing; and

(b)the period of notice, if any, to be given to the claimant and the method of service of any such notice.

(4) No application to set aside an IPO may be made under rule 39.3.

(5) Where no notice is required under paragraph (3)(b), the only matters to be dealt with at the hearing of the application to set aside are whether—

(a)the IPO should be set aside; and

(b)any undertaking to re-instate the defendant should be enforced,

and all other matters will be dealt with at the hearing of the claim.

(6) The court will serve on all the parties—

(a)a copy of the order made under paragraph (5); and

(b)where no notice was required under paragraph (3)(b), a copy of the defendant’s application to set aside and the witness statement in support.

(7) Where notice is required under paragraph (3)(b), the court may treat the hearing of the application to set aside as the hearing of the claim.]]

[F547PART 56E+WLANDLORD AND TENANT CLAIMS AND MISCELLANEOUS PROVISIONS ABOUT LAND

Textual Amendments

Contents of this part
I–LANDLORD AND TENANTS CLAIMS
Scope and interpretationRule 56.1
Starting the claimRule 56.2
Claims under section 24 of the Landlord and Tenant Act 1954Rule 56.3
II–MISCELLANEOUS PROVISIONS ABOUT LAND
ScopeRule 56.4

I–LANDLORD AND TENANT CLAIMSE+W

Scope and interpretationE+W

56.1—(1) In this Section of this Part “landlord and tenant claim” means a claim under—

(a)the Landlord and Tenant Act 1927(16);

(b)the Leasehold Property (Repairs) Act 1938(17);

(c)the Landlord and Tenant Act 1954(18);

(d)the Landlord and Tenant Act 1985(19); or

(e)the Landlord and Tenant Act 1987(20).

(2) A practice direction may set out special provisions with regard to any particular category of landlord and tenant claim.

Starting the claimE+W

56.2—(1) The claim must be started in the county court for the district in which the land is situated unless [F548paragraph (2) applies] or an enactment provides otherwise.

(2) The claim may be started in the High Court if the claimant files with his claim form a certificate stating the reasons for bringing the claim in that court verified by a statement of truth in accordance with rule 22.1(1).

(3) The practice direction refers to circumstances which may justify starting the claim in the High Court.

F549(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F550Claims for a new tenancy under section 24 and for the termination of a tenancy under section 29(2) of the Landlord and Tenant Act 1954E+W

56.3—(1) This rule applies to a claim for a new tenancy under section 24 and to a claim for the termination of a tenancy under section 29(2) of the 1954 Act.

(2) In this rule—

(a)“the 1954 Act” means the Landlord and Tenant Act 1954;

(b)“an unopposed claim” means a claim for a new tenancy under section 24 of the 1954 Act in circumstances where the grant of a new tenancy is not opposed;

(c)“an opposed claim” means a claim for—

(i)a new tenancy under section 24 of the 1954 Act in circumstances where the grant of a new tenancy is opposed; or

(ii)the termination of a tenancy under section 29(2) of the 1954 Act.

(3) Where the claim is an unopposed claim—

(a)the claimant must use the Part 8 procedure, but the following rules do not apply—

(i)rule 8.5; and

(ii)rule 8.6;

(b)the claim form must be served within 2 months after the date of issue and rules 7.5 and 7.6 are modified accordingly; and

(c)the court will give directions about the future management of the claim following receipt of the acknowledgment of service.

(4) Where the claim is an opposed claim—

(a)the claimant must use the Part 7 procedure; but

(b)the claim form must be served within 2 months after the date of issue, and rules 7.5 and 7.6 are modified accordingly.

(The practice direction to this Part contains provisions about evidence, including expert evidence in opposed claims)]

Textual Amendments

II–MISCELLANEOUS PROVISIONS ABOUT LANDE+W

ScopeE+W

56.4  A practice direction may set out special provisions with regard to claims under the following enactments—

(a)the Chancel Repairs Act 1932(22);

(b)the Leasehold Reform Act 1967(23);

(c)the Access to Neighbouring Land Act 1992; F551...

(d)the Leasehold Reform, Housing and Urban Development Act 1993 [F552; and

(e)the Commonhold and Leasehold Reform Act 2002]]

Textual Amendments

[F553PART 57E+W[F554PROBATE AND INHERITANCE]

Textual Amendments

Contents of this Part

Scope of this Part and definitionsRule 57.1
SECTION I—PROBATE CLAIMS
GeneralRule 57.2
How to start a probate claimRule 57.3
Acknowledgment of service and defenceRule 57.4
Lodging of testamentary documents and filing of evidence about testamentary documentsRule 57.5
Revocation of existing grantRule 57.6
Contents of statement of caseRule 57.7
CounterclaimRule 57.8
Probate counterclaim in other proceedingsRule 57.9
Failure to acknowledge service or to file a defenceRule 57.10
Discontinuance and dismissalRule 57.11
SECTION II—RECTIFICATION OF WILLSRule 57.12
SECTION III—SUBSTITUTION AND REMOVAL OF PERSONAL REPRESENTATIVESRule 57.13
[F555IV CLAIMS UNDER THE INHERITANCE (PROVISION FOR FAMILY AND DEPENDANTS) ACT 1975
Scope of this SectionRule 57.14
Proceedings in the High CourtRule 57.15
Procedure for claims under section 1 of the ActRule 57.16]

Textual Amendments

Scope of this Part and definitionsE+W

57.1—(1) This Part contains rules about—

(a)probate claims;

(b)claims for the rectification of wills; F556...

(c)claims and applications to—

(i)substitute another person for a personal representative; or

(ii)remove a personal representative [F557; and

(d) claims under the Inheritance (Provision for Family and Dependants) Act 1975]

(2) In this Part:

(a)“probate claim” means a claim for—

(i)the grant of probate of the will, or letters of administration of the estate, of a deceased person;

(ii)the revocation of such a grant; or

(iii)a decree pronouncing for or against the validity of an alleged will;

not being a claim which is non-contentious (or common form) probate business;

(Section 128 of the Supreme Court Act 1981(9) defines non-contentious (or common form) probate business.)

(b)“relevant office” means—

(i)in the case of High Court proceedings in a Chancery district registry, that registry;

(ii)in the case of any other High Court proceedings, Chancery Chambers at the Royal Courts of Justice, Strand, London, WC2A 2LL; and

(iii)in the case of county court proceedings, the office of the county court in question;

(c)“testamentary document” means a will, a draft of a will, written instructions for a will made by or at the request of, or under the instructions of, the testator, and any document purporting to be evidence of the contents, or to be a copy, of a will which is alleged to have been lost or destroyed;

(d)“will” includes a codicil.

Textual Amendments

SECTION I—PROBATE CLAIMSE+W

GeneralE+W

57.2—(1) This Section contains rules about probate claims.

(2) Probate claims in the High Court are assigned to the Chancery Division.

[F558(3) Probate claims in the county court must only be brought in—

(a)a county court where there is also a Chancery district registry; or

(b)the Central London County Court.]

(4) All probate claims are allocated to the multi-track.

Textual Amendments

How to start a probate claimE+W

57.3  A probate claim must be commenced—

(a)in the relevant office; and

(b)using the procedure in Part 7.

Acknowledgment of service and defenceE+W

57.4—(1) A defendant who is served with a claim form must file an acknowledgment of service.

(2) Subject to paragraph (3), the period for filing an acknowledgment of service is—

(a)if the defendant is served with a claim form which states that particulars of claim are to follow, 28 days after service of the particulars of claim; and

(b)in any other case, 28 days after service of the claim form.

(3) If the claim form is served out of the jurisdiction under rule 6.19, the period for filing an acknowledgment of service is 14 days longer than the relevant period specified in rule 6.22 or the practice direction supplementing Section 3 of Part 6.

(4) Rule 15(4) (which provides the period for filing a defence) applies as if the words “under Part 10” were omitted from rule 15.4(1)(b).

Lodging of testamentary documents and filing of evidence about testamentary documentsE+W

57.5—(1) Any testamentary document of the deceased person in the possession or control of any party must be lodged with the court.

(2) Unless the court directs otherwise, the testamentary documents must be lodged in the relevant office—

(a)by the claimant when the claim form is issued; and

(b)by a defendant when he acknowledges service.

(3) The claimant and every defendant who acknowledges service of the claim form must in written evidence—

(a)describe any testamentary document of the deceased of which he has any knowledge or, if he does not know of any such testamentary document, state that fact, and

(b)if any testamentary document of which he has knowledge is not in his possession or under his control, give the name and address of the person in whose possession or under whose control it is or, if he does not know the name or address of that person, state that fact.

(A specimen form for the written evidence about testamentary documents is annexed to the practice direction.)

(4) Unless the court directs otherwise, the written evidence required by paragraph (3) must be filed in the relevant office—

(a)by the claimant, when the claim form is issued; and

(b)by a defendant when he acknowledges service.

(5) Except with the permission of the court, a party shall not be allowed to inspect the testamentary documents or written evidence lodged or filed by any other party until he himself has lodged his testamentary documents and filed his evidence.

(6) The provisions of paragraphs (2) and (4) may be modified by a practice direction under this Part.

Revocation of existing grantE+W

57.6—(1) In a probate claim which seeks the revocation of a grant of probate or letters of administration every person who is entitled, or claims to be entitled, to administer the estate under that grant must be made a party to the claim.

(2) If the claimant is the person to whom the grant was made, he must lodge the probate or letters of administration in the relevant office when the claim form is issued.

(3) If a defendant has the probate or letters of administration under his control, he must lodge it in the relevant office when he acknowledges service.

(4) Paragraphs (2) and (3) do not apply where the grant has already been lodged at the court, which in this paragraph includes the Principal Registry of the Family Division or a district probate registry.

Contents of statements of caseE+W

57.7—(1) The claim form must contain a statement of the nature of the interest of the claimant and of each defendant in the estate.

(2) If a party disputes another party’s interest in the estate he must state this in his statement of case and set out his reasons.

(3) Any party who contends that at the time when a will was executed the testator did not know of and approve its contents must give particulars of the facts and matters relied on.

(4) Any party who wishes to contend that—

(a)a will was not duly executed;

(b)at the time of the execution of a will the testator [F559lacked testamentary capacity]; or

(c)the execution of a will was obtained by undue influence or fraud,

must set out the contention specifically and give particulars of the facts and matters relied on.

(5) (a) A defendant may give notice in his defence that he does not raise any positive case, but insists on the will being proved in solemn form and, for that purpose, will cross-examine the witnesses who attested the will.

(b)If a defendant gives such a notice, the court will not make an order for costs against him unless it considers that there was no reasonable ground for opposing the will.

Textual Amendments

CounterclaimE+W

57.8—(1) A defendant who contends that he has any claim or is entitled to any remedy relating to the grant of probate of the will, or letters of administration of the estate, of the deceased person must serve a counterclaim making that contention.

(2) If the claimant fails to serve particulars of claim within the time allowed, the defendant may, with the permission of the court, serve a counterclaim and the probate claim shall then proceed as if the counterclaim were the particulars of claim.

Probate counterclaim in other proceedingsE+W

57.9—(1) In this rule “probate counterclaim” means a counterclaim in any claim other than a probate claim by which the defendant claims any such remedy as is mentioned in rule 57.1(2)(a).

(2) Subject to the following paragraphs of this rule, this Part shall apply with the necessary modifications to a probate counterclaim as it applies to a probate claim.

(3) A probate counterclaim must contain a statement of the nature of the interest of each of the parties in the estate of the deceased to which the probate counterclaim relates.

(4) Unless an application notice is issued within 7 days after the service of a probate counterclaim for an order under rule 3.1(2)(e) or 3.4 for the probate counterclaim to be dealt with in separate proceedings or to be struck out, and the application is granted, the court shall order the transfer of the proceedings to either—

(a)the Chancery Division (if it is not already assigned to that Division) and to either the Royal Courts of Justice or a Chancery district registry (if it is not already proceeding in one of those places); or

(b)if the county court has jurisdiction, to a county court where there is also a Chancery district registry [F560or the Central London County Court].

(5) If an order is made that a probate counterclaim be dealt with in separate proceedings, the order shall order the transfer of the probate counterclaim as required under paragraph (4).

Textual Amendments

Failure to acknowledge service or to file a defenceE+W

57.10—(1) A default judgment cannot be obtained in a probate claim and rule 10.2 and Part 12 do not apply.

(2) If any of several defendants fails to acknowledge service the claimant may—

(a)after the time for acknowledging service has expired; and

(b)upon filing written evidence of service of the claim form and (if no particulars of claim were contained in or served with the claim form) the particulars of claim on that defendant;

proceed with the probate claim as if that defendant had acknowledged service.

(3) If no defendant acknowledges service or files a defence then, unless on the application of the claimant the court orders the claim to be discontinued, the claimant may, after the time for acknowledging service or for filing a defence (as the case may be) has expired, apply to the court for an order that the claim is to proceed to trial.

(4) When making an application under paragraph (3) the claimant must file written evidence of service of the claim form and (if no particulars of claim were contained in or served with the claim form) the particulars of claim on each of the defendants.

(5) Where the court makes an order under paragraph (3), it may direct that the claim be tried on written evidence.

Discontinuance and dismissalE+W

57.11—(1) Part 38 does not apply to probate claims.

(2) At any stage of a probate claim the court, on the application of the claimant or of any defendant who has acknowledged service, may order that—

(a)the claim be discontinued or dismissed on such terms as to costs or otherwise as it thinks just; and

(b)a grant of probate of the will, or letters of administration of the estate, of the deceased person be made to the person entitled to the grant.

SECTION II—RECTIFICATION OF WILLSE+W

57.12—(1) This Section contains rules about claims for the rectification of a will.E+W

(Section 20 of the Administration of Justice Act 1982(10) provides for rectification of a will. Additional provisions are contained in rule 55 of the Non-Contentious Probate Rules 1987(11).)

(2) Every personal representative of the estate shall be joined as a party.

(3) The practice direction makes provision for lodging the grant of probate or letters of administration with the will annexed in a claim under this Section.

SECTION III—SUBSTITUTION AND REMOVAL OF PERSONAL REPRESENTATIVESE+W

57.13—(1) This Section contains rules about claims and applications for substitution or removal of a personal representative.E+W

(2) Claims under this Section must be brought in the High Court and are assigned to the Chancery Division.

(Section 50 of the Administration of Justice Act 1985(12) gives the High Court power to appoint a substitute for, or to remove, a personal representative.)

(3) Every personal representative of the estate shall be joined as a party.

(4) The practice direction makes provision for lodging the grant of probate or letters of administration in a claim under this Section.

(5) If substitution or removal of a personal representative is sought by application in existing proceedings, this rule shall apply with references to claims being read as if they referred to applications.

[F561IV CLAIMS UNDER THE INHERITANCE (PROVISION FOR FAMILY AND DEPENDANTS) ACT 1975E+W

Textual Amendments

Scope of this SectionE+W

57.14  This Section contains rules about claims under the Inheritance (Provision for Family and Dependants) Act 1975(9) (“the Act”).

Proceedings in the High CourtE+W

57.15—(1) Proceedings in the High Court under the Act shall be issued in either—

(a)the Chancery Division; or

(b)the Family Division.

(2) The Civil Procedure Rules apply to proceedings under the Act which are brought in the Family Division, except that the provisions of the Family Proceedings Rules 1991(10) relating to the drawing up and service of orders apply instead of the provisions in Part 40 and its practice direction.

Procedure for claims under section 1 of the ActE+W

57.16—(1) A claim under section 1 of the Act must be made by issuing a claim form in accordance with Part 8.

(2) Rule 8.3 (acknowledgment of service) and rule 8.5 (filing and serving written evidence) apply as modified by paragraphs (3) to (5) of this rule.

(3) The written evidence filed and served by the claimant with the claim form must have exhibited to it an official copy of—

(a)the grant of probate or letters of administration in respect of the deceased’s estate; and

(b)every testamentary document in respect of which probate or letters of administration were granted.

(4) [F562Subject to paragraph (4A), the time] within which a defendant must file and serve—

(a)an acknowledgment of service; and

(b)any written evidence,

is not more than 21 days after service of the claim form on him.

[F563(4A) If the claim form is served out of the jurisdiction under rule 6.19, the period for filing an acknowledgment of service and any written evidence is 7 days longer than the relevant period specified in rule 6.22 or the practice direction supplementing Section III of Part 6.]

(5) A defendant who is a personal representative of the deceased must file and serve written evidence, which must include the information required by the practice direction.]]

Textual Amendments

[F564PART 58E+WCOMMERCIAL COURT

Textual Amendments

Contents of this Part

Scope of this Part and interpretationRule 58.1
Specialist listRule 58.2
Application of the Civil Procedure RulesRule 58.3
Proceedings in the commercial listRule 58.4
Claim form and particulars of claimRule 58.5
Acknowledgment of serviceRule 58.6
Disputing the court’s jurisdictionRule 58.7
Default judgmentRule 58.8
AdmissionsRule 58.9
Defence and ReplyRule 58.10
Statements of caseRule 58.11
Part 8 claimsRule 58.12
Case managementRule 58.13
Disclosure—ships papersRule 58.14
Judgments and ordersRule 58.15

Scope of this Part and interpretationE+W

58.1—(1) This Part applies to claims in the Commercial Court of the Queen’s Bench Division.

(2) In this Part and its practice direction, “commercial claim” means any claim arising out of the transaction of trade and commerce and includes any claim relating to—

(a)a business document or contract;

(b)the export or import of goods;

(c)the carriage of goods by land, sea, air or pipeline;

(d)the exploitation of oil and gas reserves or other natural resources;

(e)insurance and re-insurance;

(f)banking and financial services;

(g)the operation of markets and exchanges;

(h)the purchase and sale of commodities;

(i)the construction of ships;

(j)business agency; and

(k)arbitration.

Specialist listE+W

58.2—(1) The commercial list is a specialist list for claims proceeding in the Commercial Court.

(2) One of the judges of the Commercial Court shall be in charge of the commercial list.

Application of the Civil Procedure RulesE+W

58.3  These Rules and their practice directions apply to claims in the commercial list unless this Part or a practice direction provides otherwise.

Proceedings in the commercial listE+W

58.4—(1) A commercial claim may be started in the commercial list.

(2) [F565Rule 30.5 applies] applies to claims in the commercial list, except that a Commercial Court judge may order a claim to be transferred to any other specialist list.

(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

Claim form and particulars of claimE+W

58.5—(1) If, in a Part 7 claim, 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) A statement of value is not required to be included in the claim form.

(3) 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.

Acknowledgment of serviceE+W

58.6—(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 6.16(4), 6.21(4) and 6.22 apply after service of the claim form.

Disputing the court’s jurisdictionE+W

58.7—(1) Part 11 applies to claims in the commercial list 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.

Default judgmentE+W

58.8—(1) If, in a Part 7 claim in the commercial list, a defendant fails to file an acknowledgment of service, the claimant need not serve particulars of claim before he may obtain or apply for default judgment in accordance with Part 12.

(2) Rule 12.6(1) applies with the modification that paragraph (a) shall be read as if it referred to the claim form instead of the particulars of claim.

AdmissionsE+W

58.9—(1) Rule 14.5 does not apply to claims in the commercial list.

(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.

(3) Rule 14.14(1) applies with the modification that paragraph (a) shall be read as if it referred to the claim form instead of the particulars of claim.

Defence and ReplyE+W

58.10—(1) Part 15 (defence and reply) applies to claims in the commercial list 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) Rule 6.23 (period for filing a defence where the claim form is served out of the jurisdiction) applies to claims in the commercial list, 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.

Statements of caseE+W

58.11  The court may at any time before or after the issue of the claim form order a claim in the commercial list to proceed without the filing or service of statements of case.

Part 8 claimsE+W

58.12  Part 8 applies to claims in the commercial list, with the modification that a defendant to a Part 8 claim who wishes to rely on written evidence must file and serve it within 28 days after filing an acknowledgment of service.

Case managementE+W

58.13—(1) All proceedings in the commercial list 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) (legal representative to attend case management conferences and pre-trial reviews);

(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 the practice direction.

(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.

Disclosure—ships papersE+W

58.14—(1) If, in proceedings relating to a marine insurance policy, the underwriters apply for specific disclosure under rule 31.12, the court may—

(a)order a party to produce all the ships papers; and

(b)require that party to use his best endeavours to obtain and disclose documents which are not or have not been in his control.

(2) An order under this rule may be made at any stage of the proceedings and on such terms, if any, as to staying the proceedings or otherwise, as the court thinks fit.

Judgments and ordersE+W

58.15—(1) Except for orders made by the court on its own initiative and unless the court orders otherwise, 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.]

[F566PART 59E+WMERCANTILE COURTS

Textual Amendments

Contents of this Part

Scope of this Part and interpretationRule 59.1
Application of the Civil Procedure RulesRule 59.2
Transfer of proceedingsRule 59.3
Claim form and particulars of claimRule 59.4
Acknowledgment of serviceRule 59.5
Default judgmentRule 59.6
Disputing the court’s jurisdictionRule 59.7
AdmissionsRule 59.8
Defence and ReplyRule 59.9
Statements of caseRule 59.10
Case managementRule 59.11
Judgments and ordersRule 59.12

Scope of this Part and interpretationE+W

59.1—(1) This Part applies to claims in Mercantile Courts.

(2) A claim may only be started in a Mercantile Court if it—

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

(b)is not required to proceed in the Chancery Division or in another specialist list.

(3) In this Part and its practice direction—

[F567(a)“Mercantile Court” means a specialist list established within the courts listed in the Practice Direction;]

(b)“mercantile claim” means a claim proceeding in a Mercantile Court; and

(c)“Mercantile judge” means a judge authorised to sit in a Mercantile Court.

Textual Amendments

Application of the Civil Procedure RulesE+W

59.2  These Rules and their practice directions apply to mercantile claims unless this Part or a practice direction provides otherwise.

Transfer of proceedingsE+W

59.3  [F568Rule 30.5 applies] applies with the modifications that—

(a)a Mercantile judge may transfer a mercantile claim to another Mercantile Court; and

(b)a Commercial Court judge may transfer a claim from the Commercial Court to a Mercantile 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

Claim form and particulars of claimE+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 serviceE+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 6.16(4), 6.21(4) and 6.22 apply after service of the claim form.

Disputing the court’s jurisdictionE+W

59.6—(1) Part 11 applies to mercantile 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.

Default judgmentE+W

59.7—(1) Part 12 applies to mercantile 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.

AdmissionsE+W

59.8—(1) Rule 14.5 does not apply to mercantile 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.

Defence and ReplyE+W

59.9—(1) Part 15 (Defence and Reply) applies to mercantile 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) Rule 6.23 (period for filing a defence where the claim form is served out of the jurisdiction) applies to mercantile 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.

Statements of caseE+W

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

Case managementE+W

59.11—(1) All mercantile 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 the practice direction.

(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.

Judgments and ordersE+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.]

[F569PART 60E+WTECHNOLOGY AND CONSTRUCTION COURT CLAIMS

Textual Amendments

Contents of this Part

GeneralRule 60.1
Specialist listRule 60.2
Application of the Civil Procedure RulesRule 60.3
Issuing a TCC claimRule 60.4
ReplyRule 60.5
Case managementRule 60.6

GeneralE+W

60.1—(1) This Part applies to Technology and Construction Court claims (“TCC claims”).

(2) In this Part and its practice direction—

(a)“TCC claim” means a claim which—

(i)satisfies the requirements of paragraph (3); and

(ii)has been issued in or transferred into the specialist list for such claims;

(b)“Technology and Construction Court” means any court in which TCC claims are dealt with in accordance with this Part or its practice direction; and

(c)“TCC judge” means any judge authorised to hear TCC claims.

(3) A claim may be brought as a TCC claim if—

(a)it involves issues or questions which are technically complex; or

(b)a trial by a TCC judge is desirable.

(The practice direction gives examples of types of claims which it may be appropriate to bring as TCC claims.)

(4) TCC claims include all official referees' business referred to in section 68(1)(a) of the Supreme Court Act 1981.

(5) TCC claims will be dealt with—

(a)in a Technology and Construction Court; and

(b)by a TCC judge, unless—

(i)this Part or its practice direction permits otherwise; or

(ii)a TCC judge directs otherwise.

Specialist listE+W

60.2—(1) TCC claims form a specialist list.

(2) A judge will be appointed to be the judge in charge of the TCC specialist list.

Application of the Civil Procedure RulesE+W

60.3  These Rules and their practice directions apply to TCC claims unless this Part or a practice direction provides otherwise.

Issuing a TCC claimE+W

60.4  A TCC claim must be issued in—

(a)the High Court in London;

(b)a district registry of the High Court; or

(c)a county court specified in the practice direction.

ReplyE+W

60.5  Part 15 (Defence and Reply) applies to TCC 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.

Case managementE+W

60.6—(1) All TCC claims are treated as being allocated to the multi-track and Part 26 does not apply.

(2) Part 29 and its practice direction apply to the case management of TCC claims, except where they are varied by or inconsistent with the practice direction to this Part.]

[F570Judgments and OrdersE+W

60.7—(1) Except for orders made by the court of its own initiative and unless the court otherwise orders, every judgment or order made in claims proceeding in the Technology and Construction Court 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.]

Textual Amendments

[F571PART 61E+WADMIRALTY CLAIMS

Textual Amendments

Contents of this Part

Scope and interpretationRule 61.1
Admiralty claimsRule 61.2
Claims in remRule 61.3
Special provisions relating to collision claimsRule 61.4
ArrestRule 61.5
Security in claim in remRule 61.6
Cautions against arrestRule 61.7
Release and cautions against releaseRule 61.8
Judgment in defaultRule 61.9
Sale by the court, priorities and payment outRule 61.10
Limitation claimsRule 61.11
Stay of proceedingsRule 61.12
AssessorsRule 61.13

Scope and interpretationE+W

61.1—(1) This Part applies to admiralty claims.

(2) In this Part—

(a)“admiralty claim” means a claim within the Admiralty jurisdiction of the High Court as set out in section 20 of the Supreme Court Act 1981;

(b)“the Admiralty Court” means the Admiralty Court of the Queen’s Bench Division of the High Court of Justice;

(c)“claim in rem” means a claim in an admiralty action in rem;

(d)“collision claim” means a claim within section 20(3)(b) of the Supreme Court Act 1981;

(e)“limitation claim” means a claim under the Merchant Shipping Act 1995 for the limitation of liability in connection with a ship or other property;

(f)“salvage claim” means a claim—

(i)for or in the nature of salvage;

(ii)for special compensation under Article 14 of Schedule 11 to the Merchant Shipping Act 1995;

(iii)for the apportionment of salvage; and

(iv)arising out of or connected with any contract for salvage services;

(g)“caution against arrest” means a caution entered in the Register under rule 61.7;

(h)“caution against release” means a caution entered in the Register under rule 61.8;

(i)“the Register” means the Register of cautions against arrest and release which is open to inspection as provided by the practice direction;

(j)“the Marshal” means the Admiralty Marshal;

(k)“ship” includes any vessel used in navigation; and

(l)“the Registrar” means the Queen’s Bench Master with responsibility for Admiralty claims.

(3) Part 58 (Commercial Court) applies to claims in the Admiralty Court except where this Part provides otherwise.

(4) The Registrar has all the powers of the Admiralty judge except where a rule or practice direction provides otherwise.

Admiralty claimsE+W

61.2—(1) The following claims must be started in the Admiralty Court—

(a)a claim—

(i)in rem;

(ii)for damage done by a ship;

(iii)concerning the ownership of a ship;

(iv)under the Merchant Shipping Act 1995;

(v)for loss of life or personal injury specified in section 20(2)(f) of the Supreme Court Act 1981;

(vi)by a master or member of a crew for wages;

(vii)in the nature of towage; or

(viii)in the nature of pilotage;

(b)a collision claim;

(c)a limitation claim; or

(d)a salvage claim.

(2) Any other admiralty claim may be started in the Admiralty Court.

(3) Rule [F57230.5] applies to claims in the Admiralty Court except that the Admiralty Court may order the transfer of a claim to—

(a)the Commercial list;

(b)a Mercantile Court;

(c)the Mercantile list at the Central London County Court; or

(d)any other appropriate court.

Textual Amendments

Claims in remE+W

61.3—(1) This rule applies to claims in rem.

(2) A claim in rem is started by the issue of an in rem claim form as set out in the practice direction.

(3) Subject to rule 61.4, the particulars of claim must—

(a)be contained in or served with the claim form; or

(b)be served on the defendant by the claimant within 75 days after service of the claim form.

(4) An acknowledgment of service must be filed within 14 days after service of the claim form.

(5) The claim form must be served—

(a)in accordance with the practice direction; and

(b)within 12 months after the date of issue and rules 7.5 and 7.6 are modified accordingly.

(6) If a claim form has been issued (whether served or not), any person who wishes to defend the claim may file an acknowledgment of service.

Special provisions relating to collision claimsE+W

61.4—(1) This rule applies to collision claims.

(2) A claim form need not contain or be followed by particulars of claim and rule 7.4 does not apply.

(3) An acknowledgment of service must be filed.

(4) A party who wishes to dispute the court’s jurisdiction must make an application under Part 11 within 2 months after filing his acknowledgment of service.

(5) Every party must—

(a)within 2 months after the defendant files the acknowledgment of service; or

(b)where the defendant applies under Part 11, within 2 months after the defendant files the further acknowledgment of service,

file at the court a completed collision statement of case in the form specified in the practice direction.

(6) A collision statement of case must be—

(a)in the form set out in the practice direction; and

(b)verified by a statement of truth.

(7) A claim form in a collision claim may not be served out of the jurisdiction unless—

(a)the case falls within section 22(2)(a), (b) or (c) of the Supreme Court Act 1981; or

(b)the defendant has submitted to or agreed to submit to the jurisdiction; andthe court gives permission in accordance with Section III of Part 6.

(8) Where permission to serve a claim form out of the jurisdiction is given, the court will specify the period within which the defendant may file an acknowledgment of service and, where appropriate, a collision statement of case.

(9) Where, in a collision claim in rem (“the original claim”)—

(a)(i)a Part 20 claim; or

(ii)a cross claim in rem

arising out of the same collision or occurrence is made; and

(b)(i)the party bringing the original claim has caused the arrest of a ship or has obtained security in order to prevent such arrest; and

(ii)the party bringing the Part 20 claim or cross claim is unable to arrest a ship or otherwise obtain security,

the party bringing the Part 20 claim or cross claim may apply to the court to stay the original claim until sufficient security is given to satisfy any judgment that may be given in favour of that party.

(10) The consequences set out in paragraph (11) apply where a party to a claim to establish liability for a collision claim (other than a claim for loss of life or personal injury)—

(a)makes an offer to settle in the form set out in paragraph (12) not less than 21 days before the start of the trial;

(b)that offer is not accepted; and

(c)the maker of the offer obtains at trial an apportionment equal to or more favourable than his offer.

(11) Where paragraph (10) applies the parties will, unless the court considers it unjust, be entitled to the following costs—

(a)the maker of the offer will be entitled to—

(i)all his costs from 21 days after the offer was made; and

(ii)his costs before then in the percentage to which he would have been entitled had the offer been accepted; and

(b)all other parties to whom the offer was made—

(i)will be entitled to their costs up to 21 days after the offer was made in the percentage to which they would have been entitled had the offer been accepted; but

(ii)will not be entitled to their costs thereafter.

(12) An offer under paragraph (10) must be in writing and must contain—

(a)an offer to settle liability at stated percentages;

(b)an offer to pay costs in accordance with the same percentages;

(c)a term that the offer remain open for 21 days after the date it is made; and

(d)a term that, unless the court orders otherwise, on expiry of that period the offer remains open on the same terms except that the offeree should pay all the costs from that date until acceptance.

ArrestE+W

61.5—(1) In a claim in rem—

(a)a claimant; and

(b)a judgment creditor

may apply to have the property proceeded against arrested.

(2) The practice direction sets out the procedure for applying for arrest.

(3) A party making an application for arrest must—

(a)request a search to be made in the Register before the warrant is issued to determine whether there is a caution against arrest in force with respect to that property; and

(b)file a declaration in the form set out in the practice direction.

(4) A warrant of arrest may not be issued as of right in the case of property in respect of which the beneficial ownership, as a result of a sale or disposal by any court in any jurisdiction exercising admiralty jurisdiction in rem, has changed since the claim form was issued.

(5) A warrant of arrest may not be issued against a ship owned by a State where by any convention or treaty, the United Kingdom has undertaken to minimise the possibility of arrest of ships of that State until—

(a)notice in the form set out in the practice direction has been served on a consular officer at the consular office of that State in London or the port at which it is intended to arrest the ship; and

(b)a copy of that notice is attached to any declaration under paragraph (3)(b).

(6) Except—

(a)with the permission of the court; or

(b)where notice has been given under paragraph (5),

a warrant of arrest may not be issued in a claim in rem against a foreign ship belonging to a port of a State in respect of which an order in council has been made under section 4 of the Consular Relations Act 1968, until the expiration of 2 weeks from appropriate notice to the consul.

(7) A warrant of arrest is valid for 12 months but may only be executed if the claim form—

(a)has been served; or

(b)remains valid for service at the date of execution.

(8) Property may only be arrested by the Marshal or his substitute.

(9) Property under arrest—

(a)may not be moved unless the court orders otherwise; and

(b)may be immobilised or prevented from sailing in such manner as the Marshal may consider appropriate.

(10) Where an in rem claim form has been issued and security sought, any person who has filed an acknowledgment of service may apply for an order specifying the amount and form of security to be provided.

Security in claim in remE+W

61.6—(1) This rule applies if, in a claim in rem, security has been given to—

(a)obtain the release of property under arrest; or

(b)prevent the arrest of property.

(2) The court may order that the—

(a)amount of security be reduced and may stay the claim until the order is complied with; or

(b)claimant may arrest or re-arrest the property proceeded against to obtain further security.

(3) The court may not make an order under paragraph (2)(b) if the total security to be provided would exceed the value of the property at the time—

(a)of the original arrest; or

(b)security was first given (if the property was not arrested).

Cautions against arrestE+W

61.7—(1) Any person may file a request for a caution against arrest.

(2) When a request under paragraph (1) is filed the court will enter the caution in the Register if the request is in the form set out in the practice direction and—

(a)the person filing the request undertakes—

(i)to file an acknowledgment of service; and

(ii)to give sufficient security to satisfy the claim with interest and costs; or

(b)where the person filing the request has constituted a limitation fund in accordance with Article 11 of the Convention on Limitation of Liability for Maritime Claims 1976 he—

(i)states that such a fund has been constituted; and

(ii)undertakes that the claimant will acknowledge service of the claim form by which any claim may be begun against the property described in the request.

(3) A caution against arrest—

(a)is valid for 12 months after the date it is entered in the Register; but

(b)may be renewed for a further 12 months by filing a further request.

(4) Paragraphs (1) and (2) apply to a further request under paragraph (3)(b).

(5) Property may be arrested if a caution against arrest has been entered in the Register but the court may order that—

(a)the arrest be discharged; and

(b)the party procuring the arrest pays compensation to the owner of or other persons interested in the arrested property.

Release and cautions against releaseE+W

61.8—(1) Where property is under arrest—

(a)an in rem claim form may be served upon it; and

(b)it may be arrested by any other person claiming to have an in rem claim against it.

(2) Any person who—

(a)claims to have an in rem right against any property under arrest; and

(b)wishes to be given notice of any application in respect of that property or its proceeds of sale,

may file a request for a caution against release in the form set out in the practice direction.

(3) When a request under paragraph (2) is filed, a caution against release will be entered in the Register.

(4) Property will be released from arrest if—

(a)it is sold by the court;

(b)the court orders release on an application made by any party;

(c)(i)the arresting party; and

(ii)all persons who have entered cautions against release

file a request for release in the form set out in the practice direction; or

(d)any party files—

(i)a request for release in the form set out in the practice direction (containing an undertaking); and

(ii)consents to the release of the arresting party and all persons who have entered cautions against release.

(5) Where the release of any property is delayed by the entry of a caution against release under this rule any person who has an interest in the property may apply for an order that the person who entered the caution pay damages for losses suffered by the applicant because of the delay.

(6) the court may not make an order under paragraph (5) if satisfied that there was good reason to—

(a)request the entry of; and

(b)maintain

the caution.

(7) Any person—

(a)interested in property under arrest or in the proceeds of sale of such property; or

(b)whose interests are affected by any order sought or made,

may be made a party to any claim in rem against the property or proceeds of sale.

(8) Where—

(a)(i)a ship is not under arrest but cargo on board her is; or

(ii)a ship is under arrest but cargo on board her is not; and

(b)persons interested in the ship or cargo wish to discharge the cargo,

they may, without being made parties, request the Marshal to authorise steps to discharge the cargo.

(9) If—

(a)the Marshal considers a request under paragraph (8) reasonable; and

(b)the applicant gives an undertaking in writing acceptable to the Marshal to pay—

(i)his fees; and

(ii)all expenses to be incurred by him or on his behalf

on demand,

the Marshal will apply to the court for an order to permit the discharge of the cargo.

(10)  Where persons interested in the ship or cargo are unable or unwilling to give an undertaking as referred to in paragraph (9)(b), they may—

(a) be made parties to the claim; and

(b) apply to the court for an order for—

(i)discharge of the cargo; and

(ii)directions as to the fees and expenses of the Marshal with regard to the discharge and storage of the cargo.

Judgment in defaultE+W

61.9—(1) In a claim in rem (other than a collision claim) the claimant may obtain judgment in default of—

(a)an acknowledgment of service only if—

(i)the defendant has not filed an acknowledgment of service; and

(ii)the time for doing so set out in rule 61.3(4) has expired; and

(b)defence only if—

(i)a defence has not been filed; and

(ii)the relevant time limit for doing so has expired.

(2) In a collision claim, a party who has filed a collision statement of case within the time specified by rule 61.4(5) may obtain judgment in default of a collision statement of case only if—

(a)the party against whom judgment is sought has not filed a collision statement of case; and

(b)the time for doing so set out in rule 61.4(5) has expired.

(3) An application for judgment in default—

(a)under paragraph (1) or paragraph (2) in an in rem claim must be made by filing—

(i)an application notice as set out in the practice direction;

(ii)a certificate proving service of the claim form; and

(iii)evidence proving the claim to the satisfaction of the court; and

(b)under paragraph (2) in any other claim must be made in accordance with Part 12 with any necessary modifications.

(4) An application notice seeking judgment in default and, unless the court orders otherwise, all evidence in support, must be served on all persons who have entered cautions against release on the Register.

(5) The court may set aside or vary any judgment in default entered under this rule.

(6) The claimant may apply to the court for judgment against a party at whose instance a notice against arrest was entered where—

(a)the claim form has been served on that party;

(b)the sum claimed in the claim form does not exceed the amount specified in the undertaking given by that party in accordance with rule 61.7(2)(a)(ii); and

(c)that party has not fulfilled that undertaking within 14 days after service on him of the claim form.

Sale by the court, priorities and payment outE+W

61.10—(1) An application for an order for the survey, appraisement or sale of a ship may be made in a claim in rem at any stage by any party.

(2) If the court makes an order for sale, it may—

(a)set a time within which notice of claims against the proceeds of sale must be filed; and

(b)the time and manner in which such notice must be advertised.

(3) Any party with a judgment against the property or proceeds of sale may at any time after the time referred to in paragraph (2) apply to the court for the determination of priorities.

(4) An application notice under paragraph (3) must be served on all persons who have filed a claim against the property.

(5) Payment out of the proceeds of sale will be made only to judgment creditors and—

(a)in accordance with the determination of priorities; or

(b)as the court orders.

Limitation claimsE+W

61.11—(1) This rule applies to limitation claims.

(2) A claim is started by the issue of a limitation claim form as set out in the practice direction.

(3) The—

(a)claimant; and

(b)at least one defendant

must be named in the claim form, but all other defendants may be described.

(4) The claim form—

(a)must be served on all named defendants and any other defendant who requests service upon him; and

(b)may be served on any other defendant.

(5) The claim form may not be served out of the jurisdiction unless—

(a)the claim falls within section 22(2)(a), (b) or (c) of the Supreme Court Act 1981;

(b)the defendant has submitted to or agreed to submit to the jurisdiction of the court; or

(c)the Admiralty Court has jurisdiction over the claim under any applicable Convention; and

the court grants permission in accordance with Section III of Part 6.

(6) An acknowledgment of service is not required.

(7) Every defendant upon whom a claim form is served must—

(a)within 28 days of service file—

(i)a defence; or

(ii)a notice that he admits the right of the claimant to limit liability; or

(b)if he wishes to—

(i)dispute the jurisdiction of the court; or

(ii)argue that the court should not exercise its jurisdiction,

file within 14 days of service (or where the claim form is served out of the jurisdiction, within the time specified in rule 6.22) an acknowledgment of service as set out in the practice direction.

(8) If a defendant files an acknowledgment of service under paragraph (7)(b) he will be treated as having accepted that the court has jurisdiction to hear the claim unless he applies under Part 11 within 14 days after filing the acknowledgment of service.

(9) Where one or more named defendants admits the right to limit—

(a)the claimant may apply for a restricted limitation decree in the form set out in the practice direction; and

(b)the court will issue a decree in the form set out in the practice direction limiting liability only against those named defendants who have admitted the claimant’s right to limit liability.

(10) A restricted limitation decree—

(a)may be obtained against any named defendant who fails to file a defence within the time specified for doing so; and

(b)need not be advertised, but a copy must be served on the defendants to whom it applies.

(11) Where all the defendants upon whom the claim form has been served admit the claimant’s right to limit liability—

(a)the claimant may apply to the Admiralty Registrar for a general limitation decree in the form set out in the practice direction; and

(b)the court will issue a limitation decree.

(12) Where one or more of the defendants upon whom the claim form has been served do not admit the claimant’s right to limit, the claimant may apply for a general limitation decree in the form set out in the practice direction.

(13) When a limitation decree is granted the court—

(a)may—

(i)order that any proceedings relating to any claim arising out of the occurrence be stayed;

(ii)order the claimant to establish a limitation fund if one has not been established or make such other arrangements for payment of claims against which liability is limited; or

(iii)if the decree is a restricted limitation decree, distribute the limitation fund; and

(b)will, if the decree is a general limitation decree, give directions as to advertisement of the decree and set a time within which notice of claims against the fund must be filed or an application made to set aside the decree.

(14) When the court grants a general limitation decree the claimant must—

(a)advertise it in such manner and within such time as the court directs; and

(b)file—

(i)a declaration that the decree has been advertised in accordance with paragraph (a); and

(ii)copies of the advertisements.

(15) No later than the time set in the decree for filing claims, each of the defendants who wishes to assert a claim must file and serve his statement of case on—

(a)the limiting party; and

(b)all other defendants except where the court orders otherwise.

(16) Any person other than a defendant upon whom the claim form has been served may apply to the court within the time fixed in the decree to have a general limitation decree set aside.

(17) An application under paragraph (16) must be supported by a declaration—

(a)stating that the applicant has a claim against the claimant arising out of the occurrence; and

(b)setting out grounds for contending that the claimant is not entitled to the decree, either in the amount of limitation or at all.

(18) The claimant may constitute a limitation fund by making a payment into court.

(19) A limitation fund may be established before or after a limitation claim has been started.

(20) If a limitation claim is not commenced within 75 days after the date the fund was established—

(a)the fund will lapse; and

(b)all money in court (including interest) will be repaid to the person who made the payment into court.

(21) Money paid into court under paragraph (18) will not be paid out except under an order of the court.

(22) A limitation claim for—

(a)a restricted decree may be brought by counterclaim; and

(b)a general decree may only be brought by counterclaim with the permission of the court.

Stay of proceedingsE+W

61.12  Where the court orders a stay of any claim in rem—

(a)any property under arrest in the claim remains under arrest; and

(b)any security representing the property remains in force,

unless the court orders otherwise.

AssessorsE+W

61.13  The court may sit with assessors when hearing—

(a)collision claims; or

(b)other claims involving issues of navigation or seamanship, and

the parties will not be permitted to call expert witnesses unless the court orders otherwise.]

[F573PART 62E+WARBITRATION CLAIMS

Textual Amendments

Contents of this Part

Scope of this Part and interpretationRule 62.1

I CLAIMS UNDER THE 1996 ACT

InterpretationRule 62.2
Starting the claimRule 62.3
Arbitration claim formRule 62.4
Service out of the jurisdictionRule 62.5
NoticeRule 62.6
Case managementRule 62.7
Stay of legal proceedingsRule 62.8
Variation of timeRule 62.9
HearingsRule 62.10

II OTHER ARBITRATION CLAIMS

Scope of this SectionRule 62.11
Application to JudgeRule 62.12
Starting the claimRule 62.13
Claims in District RegistriesRule 62.14
Time limits and other special provisions about arbitration claimsRule 62.15
Service out of the jurisdictionRule 62.16

III ENFORCEMENT

Scope of this SectionRule 62.17
Enforcement of awardsRule 62.18
Interest on awardsRule 62.19
Registration in High Court of foreign awardsRule 62.20
Registration of awards under the Arbitration (International Investment Disputes) Act 1966Rule 62.21

Scope of this Part and interpretationE+W

62.1—(1) This Part contains rules about arbitration claims.

(2) In this Part—

(a)“the 1950 Act” means the Arbitration Act 1950;

(b)“the 1975 Act” means the Arbitration Act 1975;

(c)“the 1979 Act” means the Arbitration Act 1979;

(d)“the 1996 Act” means the Arbitration Act 1996;

(e)references to—

(i)the 1996 Act; or

(ii)any particular section of that Act

include references to that Act or to the particular section of that Act as applied with modifications by the ACAS Arbitration Scheme (England and Wales) Order 2001; and

(f)“arbitration claim form” means a claim form in the form set out in the practice direction.

(3) Part 58 (Commercial Court) applies to arbitration claims in the Commercial Court, Part 59 (Mercantile Court) applies to arbitration claims in the Mercantile Court and Part 60 (Technology and Construction Court claims) applies to arbitration claims in the Technology and Construction Court, except where this Part provides otherwise.

I CLAIMS UNDER THE 1996 ACTE+W

InterpretationE+W

62.2—(1) In this Section of this Part “arbitration claim” means—

(a)any application to the court under the 1996 Act;

(b)a claim to determine—

(i)whether there is a valid arbitration agreement;

(ii)whether an arbitration tribunal is properly constituted; or

what matters have been submitted to arbitration in accordance with an arbitration agreement;

(c)a claim to declare that an award by an arbitral tribunal is not binding on a party; and

(d)any other application affecting—

(i)arbitration proceedings (whether started or not); or

(ii)an arbitration agreement.

(2) This Section of this Part does not apply to an arbitration claim to which Sections II or III of this Part apply.

Starting the claimE+W

62.3—(1) Except where paragraph (2) applies an arbitration claim must be started by the issue of an arbitration claim form in accordance with the Part 8 procedure.

(2) An application under section 9 of the 1996 Act to stay legal proceedings must be made by application notice to the court dealing with those proceedings.

(3) The courts in which an arbitration claim may be started are set out in the practice direction.

(4) Rule [F57430.5] applies with the modification that a judge of the Technology and Construction Court may transfer the claim to any other court or specialist list.

Textual Amendments

Arbitration claim formE+W

62.4—(1) An arbitration claim form must—

(a)include a concise statement of—

(i)the remedy claimed; and

(ii)any questions on which the claimant seeks the decision of the court;

(b)give details of any arbitration award challenged by the claimant, identifying which part or parts of the award are challenged and specifying the grounds for the challenge;

(c)show that any statutory requirements have been met;

(d)specify under which section of the 1996 Act the claim is made;

(e)identify against which (if any) defendants a costs order is sought; and

(f)specify either—

(i)the persons on whom the arbitration claim form is to be served, stating their role in the arbitration and whether they are defendants; or

(ii)that the claim is made without notice under section 44(3) of the 1996 Act and the grounds relied on.

(2)Unless the court orders otherwise an arbitration claim form must be served on the defendant within 1 month from the date of issue and rules 7.5 and 7.6 are modified accordingly.

(3)Where the claimant applies for an order under section 12 of the 1996 Act (extension of time for beginning arbitral proceedings or other dispute resolution procedures), he may include in his arbitration claim form an alternative application for a declaration that such an order is not needed.

Service out of the jurisdictionE+W

62.5—(1) The court may give permission to serve an arbitration claim form out of the jurisdiction if—

(a)the claimant seeks to—

(i)challenge; or

(ii)appeal on a question of law arising out of,

an arbitration award made within the jurisdiction;

(The place where an award is treated as made is determined by section 53 of the 1996 Act.)

(b)the claim is for an order under section 44 of the 1996 Act; or

(c)the claimant—

(i)seeks some other remedy or requires a question to be decided by the court affecting an arbitration (whether started or not), an arbitration agreement or an arbitration award; and

(ii)the seat of the arbitration is or will be within the jurisdiction or the conditions in section 2(4) of the 1996 Act are satisfied.

(2) An application for permission under paragraph (1) must be supported by written evidence—

(a)stating the grounds on which the application is made; and

(b)showing in what place or country the person to be served is, or probably may be found.

(3)Rules 6.24 to 6.29 apply to the service of an arbitration claim form under paragraph (1).

(4)An order giving permission to serve an arbitration claim form out of the jurisdiction must specify the period within which the defendant may file an acknowledgment of service.

NoticeE+W

62.6—(1) Where an arbitration claim is made under section 24, 28 or 56 of the 1996 Act, each arbitrator must be a defendant.

(2) Where notice must be given to an arbitrator or any other person it may be given by sending him a copy of—

(a)the arbitration claim form; and

(b)any written evidence in support.

(3) Where the 1996 Act requires an application to the court to be made on notice to any other party to the arbitration, that notice must be given by making that party a defendant.

Case managementE+W

62.7—(1) Part 26 and any other rule that requires a party to file an allocation questionnaire does not apply.

(2) Arbitration claims are allocated to the multi-track.

(3) Part 29 does not apply.

(4) The automatic directions set out in the practice direction apply unless the court orders otherwise.

Stay of legal proceedingsE+W

62.8—(1) An application notice seeking a stay of legal proceedings under section 9 of the 1996 Act must be served on all parties to those proceedings who have given an address for service.

(2) A copy of an application notice under paragraph (1) must be served on any other party to the legal proceedings (whether or not he is within the jurisdiction) who has not given an address for service, at—

(a)his last known address; or

(b)a place where it is likely to come to his attention.

(3) Where a question arises as to whether—

(a)an arbitration agreement has been concluded; or

(b)the dispute which is the subject-matter of the proceedings falls within the terms of such an agreement,

the court may decide that question or give directions to enable it to be decided and may order the proceedings to be stayed pending its decision.

Variation of timeE+W

62.9—(1) The court may vary the period of 28 days fixed by section 70(3) of the 1996 Act for—

(a)challenging the award under section 67 or 68 of the Act; and

(b)appealing against an award under section 69 of the Act.

(2) An application for an order under paragraph (1) may be made without notice being served on any other party before the period of 28 days expires.

(3) After the period of 28 days has expired—

(a)an application for an order extending time under paragraph (1) must—

(i)be made in the arbitration claim form; and

(ii)state the grounds on which the application is made;

(b)any defendant may file written evidence opposing the extension of time within 7 days after service of the arbitration claim form; and

(c)if the court extends the period of 28 days, each defendant’s time for acknowledging service and serving evidence shall start to run as if the arbitration claim form had been served on the date when the court’s order is served on that defendant.

HearingsE+W

62.10—(1) The court may order that an arbitration claim be heard either in public or in private.

(2) Rule 39.2 does not apply.

(3) Subject to any order made under paragraph (1)—

(a)the determination of—

(i)a preliminary point of law under section 45 of the 1996 Act; or

(ii)an appeal under section 69 of the 1996 Act on a question of law arising out of an award,

will be heard in public; and

(b)all other arbitration claims will be heard in private.

(4) Paragraph (3)(a) does not apply to—

(a)the preliminary question of whether the court is satisfied of the matters set out in section 45(2)(b); or

(b)an application for permission to appeal under section 69(2)(b).

II OTHER ARBITRATION CLAIMSE+W

Scope of this SectionE+W

62.11—(1) This Section of this Part contains rules about arbitration claims to which the old law applies.

(2) In this Section—

(a)“the old law” means the enactments specified in Schedules 3 and 4 of the 1996 Act as they were in force before their amendment or repeal by that Act; and

(b)“arbitration claim” means any application to the court under the old law and includes an appeal (or application for permission to appeal) to the High Court under section 1(2) of the 1979 Act.

(3)This Section does not apply to—

(a)a claim to which Section III of this Part applies; or

(b)a claim on the award.

Applications to JudgeE+W

62.12  A claim—

(a)seeking permission to appeal under section 1(2) of the 1979 Act;

(b)under section 1(5) of that Act (including any claim seeking permission); or

(c)under section 5 of that Act,

must be made in the High Court and will be heard by a judge of the Commercial Court unless any such judge directs otherwise.

Starting the claimE+W

62.13—(1) Except where paragraph (2) applies an arbitration claim must be started by the issue of an arbitration claim form in accordance with the Part 8 procedure.

(2) Where an arbitration claim is to be made in existing proceedings—

(a)it must be made by way of application notice; and

(b)any reference in this Section of this Part to an arbitration claim form includes a reference to an application notice.

(3) The arbitration claim form in an arbitration claim under section 1(5) of the 1979 Act (including any claim seeking permission) must be served on—

(a)the arbitrator or umpire; and

(b)any other party to the reference.

Claims in District RegistriesE+W

62.14  If—

(a)a claim is to be made under section 12(4) of the 1950 Act for an order for the issue of a witness summons to compel the attendance of the witness before an arbitrator or umpire; and

(b)the attendance of the witness is required within the district of a District Registry,

the claim may be started in that Registry.

Time limits and other special provisions about arbitration claimsE+W

62.15—(1) An arbitration claim to—

(a)remit an award under section 22 of the 1950 Act;

(b)set aside an award under section 23(2) of that Act or otherwise; or

(c)direct an arbitrator or umpire to state the reasons for an award under section 1(5) of the 1979 Act,

must be made, and the arbitration claim form served, within 21 days after the award has been made and published to the parties.

(2) An arbitration claim to determine any question of law arising in the course of a reference under section 2(1) of the Arbitration Act 1979 must be made, and the arbitration claim form served, within 14 days after—

(a)the arbitrator or umpire gave his consent in writing to the claim being made; or

(b)the other parties so consented.

(3) An appeal under section 1(2) of the 1979 Act must be filed, and the arbitration claim form served, within 21 days after the award has been made and published to the parties.

(4) Where reasons material to an appeal under section 1(2) of the 1979 Act are given on a date subsequent to the publication of the award, the period of 21 days referred to in paragraph (3) will run from the date on which reasons are given.

(5) In every arbitration claim to which this rule applies—

(a)the arbitration claim form must state the grounds of the claim or appeal;

(b)where the claim or appeal is based on written evidence, a copy of that evidence must be served with the arbitration claim form; and

(c)where the claim or appeal is made with the consent of the arbitrator, the umpire or the other parties, a copy of every written consent must be served with the arbitration claim form.

(6) In an appeal under section 1(2) of the 1979 Act—

(a)a statement of the grounds for the appeal specifying the relevant parts of the award and reasons; and

(b)where permission is required, any written evidence in support of the contention that the question of law concerns—

(i)a term of a contract; or

(ii)an event,

which is not a “one-off” term or event,

must be filed and served with the arbitration claim form.

(7) Any written evidence in reply to written evidence under paragraph (6)(b) must be filed and served on the claimant not less than 2 days before the hearing.

(8) A party to a claim seeking permission to appeal under section 1(2) of the 1979 Act who wishes to contend that the award should be upheld for reasons not expressed or fully expressed in the award and reasons must file and serve on the claimant, a notice specifying the grounds of his contention not less than 2 days before the hearing.

Service out of the jurisdictionE+W

62.16—(1) Subject to paragraph (2)—

(a)any arbitration claim form in an arbitration claim under the 1950 Act or the 1979 Act; or

(b)any order made in such a claim,

may be served out of the jurisdiction with the permission of the court if the arbitration to which the claim relates—

(i)is governed by the law of England and Wales; or

(ii)has been, is being, or will be, held within the jurisdiction.

(2) An arbitration claim form seeking permission to enforce an award may be served out of the jurisdiction with the permission of the court whether or not the arbitration is governed by the law of England and Wales.

(3) An application for permission to serve an arbitration claim form out of the jurisdiction must be supported by written evidence—

(a)stating the grounds on which the application is made; and

(b)showing in what place or country the person to be served is, or probably may be found.

(4) Rules 6.24 to 6.29 apply to the service of an arbitration claim form under paragraph (1).

(5) An order giving permission to serve an arbitration claim form out of the jursidiction must specify the period within which the defendant may file an acknowledgment of service.

III ENFORCEMENTE+W

Scope of this SectionE+W

62.17  This Section of this Part applies to all arbitration enforcement proceedings other than by a claim on the award.

Enforcement of awardsE+W

62.18—(1) An application for permission under—

(a)section 66 of the 1996 Act;

(b)section 101 of the 1996 Act;

(c)section 26 of the 1950 Act; or

(d)section 3(1)(a) of the 1975 Act,

to enforce an award in the same manner as a judgment or order may be made without notice in an arbitration claim form.

(2) The court may specify parties to the arbitration on whom the arbitration claim form must be served.

(3) The parties on whom the arbitration claim form is served must acknowledge service and the enforcement proceedings will continue as if they were an arbitration claim under Section I of this Part.

(4) With the permission of the court the arbitration claim form may be served out of the jurisdiction irrespective of where the award is, or is treated as, made.

(5) Where the applicant applies to enforce an agreed award within the meaning of section 51(2) of the 1996 Act—

(a)the arbitration claim form must state that the award is an agreed award; and

(b)any order made by the court must also contain such a statement.

(6) An application for permission must be supported by written evidence—

(a)exhibiting—

(i)where the application is made under section 66 of the 1996 Act or under section 26 of the 1950 Act, the arbitration agreement and the original award (or copies);

(ii)where the application is under section 101 of the 1996 Act, the documents required to be produced by section 102 of that Act; or

(iii)where the application is under section 3(1)(a) of the 1975 Act, the documents required to be produced by section 4 of that Act;

(b)stating the name and the usual or last known place of residence or business of the claimant and of the person against whom it is sought to enforce the award; and

(c)stating either—

(i)that the award has not been complied with; or

(ii)the extent to which it has not been complied with at the date of the application.

(7) An order giving permission must—

(a)be drawn up by the claimant; and

(b)be served on the defendant by—

(i)delivering a copy to him personally; or

(ii)sending a copy to him at his usual or last known place of residence or business.

(8) An order giving permission may be served out of the jurisdiction—

(a)without permission; and

(b)in accordance with rules 6.24 to 6.29 as if the order were an arbitration claim form.

(9) Within 14 days after service of the order or, if the order is to be served out of the jurisdiction, within such other period as the court may set—

(a)the defendant may apply to set aside the order; and

(b)the award must not be enforced until after—

(i)the end of that period; or

(ii)any application made by the defendant within that period has been finally disposed of.

(10) The order must contain a statement of—

(a)the right to make an application to set the order aside; and

(b)the restrictions on enforcement under rule 62.18(9)(b).

(11) Where a body corporate is a party any reference in this rule to place of residence or business shall have effect as if the reference were to the registered or principal address of the body corporate.

Interest on awardsE+W

62.19—(1) Where an applicant seeks to enforce an award of interest the whole or any part of which relates to a period after the date of the award, he must file a statement giving the following particulars—

(a)whether simple or compound interest was awarded;

(b)the date from which interest was awarded;

(c)where rests were provided for, specifying them;

(d)the rate of interest awarded; and

(e)a calculation showing—

(i)the total amount claimed up to the date of the statement; and

(ii)any sum which will become due on a daily basis.

(2) A statement under paragraph (1) must be filed whenever the amount of interest has to be quantified for the purpose of—

(a)obtaining a judgment or order under section 66 of the 1996 Act (enforcement of the award); or

(b)enforcing such a judgment or order.

Registration in High Court of foreign awardsE+W

62.20—(1) Where—

(a)an award is made in proceedings on an arbitration in any part of a United Kingdom Overseas Territory (within the meaning of rule 6.18(f)) or other territory to which Part I of the Foreign Judgments (Reciprocal Enforcement) Act 1933 (“the 1933 Act”) extends;

(b)Part II of the Administration of Justice Act 1920 extended to that part immediately before Part I of the 1933 Act was extended to that part; and

(c)an award has, under the law in force in the place where it was made, become enforceable in the same manner as a judgment given by a court in that place,

[F575rules 74.1 to 74.7 and 74.9 apply in relation to the award as they apply] in relation to a judgment given by the court subject to the modifications in paragraph (2).

(2) The modifications referred to in paragraph (1) are as follows—

(a)for references to the [F576State of origin] are substituted references to the place where the award was made; and

(b)the written evidence required by [F577rule 74.4] must state (in addition to the matters required by that rule) that to the best of the information or belief of the maker of the statement the award has, under the law in force in the place where it was made, become enforceable in the same manner as a judgment given by a court in that place.

Textual Amendments

Registration of awards under the Arbitration (International Investment Disputes) Act 1966E+W

62.21—(1) In this rule—

(a)“the 1966 Act” means the Arbitration (International Investment Disputes) Act 1966;

(b)“award” means an award under the Convention;

(c)“the Convention” means the Convention on the settlement of investment disputes between States and nationals of other States which was opened for signature in Washington on 18th March 1965;

(d)“judgment creditor” means the person seeking recognition or enforcement of an award; and

(e)“judgment debtor” means the other party to the award.

[F578(2) Subject to the provisions of this rule, the following provisions of Part 74 apply with such modifications as may be necessary in relation to an award as they apply in relation to a judgment to which Part I of the Foreign Judgments (Reciprocal Enforcement) Act 1933 applies—

(a)rule 74.1;

(b)rule 74.3;

(c)rule 74.4(1), (2)(a) to (d), and (4);

(d)rule 74.6 (except paragraph (3)(c) to (e)); and

(e)rule 74.9(2).]

(3) An application to have an award registered in the High Court under section 1 of the 1966 Act must be made in accordance with the Part 8 procedure.

(4) The written evidence required by [F579rule 74.4] in support of an application for registration must—

(a)exhibit the award certified under the Convention instead of the judgment (or a copy of it); and

(b)in addition to stating the matters referred to in [F580rule 74.4(2)(a) to (d)], state whether—

(i)at the date of the application the enforcement of the award has been stayed (provisionally or otherwise) under the Convention; and

(ii)any, and if so what, application has been made under the Convention, which, if granted, might result in a stay of the enforcement of the award.

(5) Where, on granting permission to register an award or an application made by the judgment debtor after an award has been registered, the court considers—

(a)that the enforcement of the award has been stayed (whether provisionally or otherwise) under the Convention; or

(b)that an application has been made under the Convention which, if granted, might result in a stay of the enforcement of the award,

the court may stay the enforcement of the award for such time as it considers appropriate.]

Textual Amendments

[F581PART 63E+WPATENTS AND OTHER INTELLECTUAL PROPERTY CLAIMS

Textual Amendments

Contents of this Part
Scope of this Part and interpretationRule 63.1
Application of the Civil Procedure RulesRule 63.2
I  PATENTS AND REGISTERED DESIGNS
Scope of Section IRule 63.3
Specialist listRule 63.4
Starting the claimRule 63.5
Defence and replyRule 63.6
Case managementRule 63.7
Disclosure and inspectionRule 63.8
Claim for infringement and challenge of validityRule 63.9
Application to amend a patent specification in existing proceedingsRule 63.10
Court’s determination of question or applicationRule 63.11
Application by employee for compensationRule 63.12
II   REGISTERED TRADE MARKS AND OTHER INTELLECTUAL PROPERTY RIGHTS
AllocationRule 63.13
Claims under the 1994 ActRule 63.14
Claims for infringement of registered trade markRule 63.15
III   SERVICE
ServiceRule 63.16
IV    APPEALS
Appeals from the ComptrollerRule 63.17

Scope of this Part and interpretationE+W

63.1—(1) This Part applies to all intellectual property claims including—

(a)registered intellectual property rights such as—

(i)patents;

(ii)registered designs; and

(iii)registered trade marks; and

(b)unregistered intellectual property rights such as—

(i)copyright;

(ii)design right;

(iii)the right to prevent passing off; and

(iv)the other rights set out in the practice direction.

(2) In this Part—

(a)“the 1977 Act” means the Patents Act 1977;

(b)“the 1988 Act” means the Copyright, Designs and Patents Act 1988;

(c)“the 1994 Act” means the Trade Marks Act 1994;

(d)“the Comptroller” means the Comptroller General of Patents, Designs and Trade Marks;

(e)“patent” means a patent under the 1977 Act and includes any application for a patent or supplementary protection certificate granted under—

(i)the Patents (Supplementary Protection Certificates) Rules 1997;

(ii)the Patents (Supplementary Protection Certificate for Medicinal Products) Regulations 1992; and

(iii)the Patents (Supplementary Protection Certificate for Plant Protection Products) Regulations 1996;

(f)“Patents Court” means the Patents Court of the High Court constituted as part of the Chancery Division by section 6(1) of the Supreme Court Act 1981;

(g)“Patents County Court” means a county court designated as a Patents County Court under section 287(1) of the 1988 Act;

[F582(gg)“patents judge” means a person nominated under section 291(1) of the 1988 Act as the patents judge of a patents county court;]

(h)“the register” means whichever of the following registers is appropriate—

(i)patents maintained by the Comptroller under section 32 of the 1977 Act;

(ii)designs maintained by the registrar under section 17 of the Registered Designs Act 1949;

(iii)trade marks maintained by the registrar under section 63 of the 1994 Act;

(iv)Community trade marks maintained by the Office for Harmonisation in the Internal Market under Article 83 of Council Regulation (EC) 40/94; and

(v)Community designs maintained by the Office for Harmonisation in the Internal Market under Article 72 of Council Regulation (EC) 6/2002; and

(i)“the registrar” means—

(i)the registrar of trade marks; or

(ii)the registrar of registered designs,

whichever is appropriate.

[F583(3) Claims to which this Part applies are allocated to the multi-track.]

Textual Amendments

Application of the Civil Procedure RulesE+W

63.2  These Rules and their practice directions apply to intellectual property claims unless this Part or a practice direction provides otherwise.

I PATENTS AND REGISTERED DESIGNSE+W

Scope of Section IE+W

63.3—(1) This Section of this Part applies to claims in—

(a)the Patents Court; and

(b)a Patents County Court.

(2) Claims in the court include any claim relating to matters arising out of—

(a)the 1977 Act;

(b)the Registered Designs Act 1949; and

(c)the Defence Contracts Act 1958.

Specialist listE+W

63.4  Claims in the Patents Court and a Patents County Court form specialist lists for the purpose of rule 30.5.

[F584Patents JudgeE+W

63.4A—(1) Subject to paragraph (2), proceedings in the patents county court shall be dealt with by the patents judge.

(2) When a matter needs to be dealt with urgently and it is not practicable or appropriate for the patents judge to deal with such matter, the matter may be dealt with by another judge with appropriate specialist experience who shall be nominated by the Vice-Chancellor.]

Textual Amendments

Starting the claimE+W

63.5  Claims to which this Section of this Part applies must be started—

(a)by issuing a Part 7 claim form; or

(b)in existing proceedings under Part 20.

Defence and replyE+W

63.6  Part 15 applies with the modification—

(a)to rule 15.4 that in a claim for infringement under rule 63.9, the defence must be filed within 42 days of service of the claim form; and

(b)to rule 15.8 that the claimant must—

(i)file any reply to a defence; and

(ii)serve it on all other parties,

within 21 days of service of the defence.

Case managementE+W

63.7—F585(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Part 26 and any other rule that requires a party to file an allocation questionnaire do not apply.

(3) The following provisions only of Part 29 apply—

(a)rule 29.3(2) (legal representatives to attend case management conferences F586...);

(b)rule 29.4 (the court’s approval of agreed proposals for the management of proceedings); and

(c)rule 29.5 (variation of case management timetable) with the exception of [F587paragraph (1)(b) and (c)].

(4) As soon as practicable the court will hold a case management conference which must be fixed in accordance with the practice direction.

Textual Amendments

Disclosure and inspectionE+W

63.8  Part 31 is modified to the extent set out in the practice direction.

Claim for infringement and challenge [F588to] validityE+W

63.9—(1) In a claim for infringement or an application in which the validity of a patent or registered design is challenged, the statement of case must contain particulars as set out in the practice direction.

(2) In a claim for infringement, the period for service of the defence or Part 20 claim is 42 days after service of the claim form.

Textual Amendments

Application to amend a patent specification in existing proceedingsE+W

63.10—(1) An application under section 75 of the 1977 Act for permission to amend the specification of a patent by the proprietor of the patent must be made by application notice.

(2) The application notice must—

(a)give particulars of—

(i)the proposed amendment sought; and

(ii)the grounds upon which the amendment is sought;

(b)state whether the applicant will contend that the claims prior to amendment are valid; and

(c)be served by the applicant on all parties and the Comptroller within 7 days of its issue.

(3) The application notice must, if it is reasonably possible, be served on the Comptroller electronically.

(4) Unless the court otherwise orders, the Comptroller will forthwith advertise the application to amend in the journal.

(5) The advertisement will state that any person may apply to the Comptroller for a copy of the application notice.

(6) Within 14 days of the first appearance of the advertisement any person who wishes to oppose the application must file and serve on all parties and the Comptroller a notice opposing the application which must include the grounds relied on.

(7) Within 28 days of the first appearance of the advertisement the applicant must apply to the court for directions.

(8) Unless the court otherwise orders, the applicant must within 7 days serve on the Comptroller any order of the court on the application.

(9) In this rule, “the journal” means the journal published pursuant to rules made under section 123(6) of the 1977 Act.

Court’s determination of question or applicationE+W

63.11  Where the Comptroller—

(a)declines to deal with a question under section 8(7), 12(2), 37(8) or 61(5) of the 1977 Act;

(b)declines to deal with an application under section 40(5) of the 1977 Act; or

(c)certifies under section 72(7)(b) of the 1977 Act that the court should determine the question whether a patent should be revoked,

any person seeking the court’s determination of that question or application must issue a claim form within 14 days of the Comptroller’s decision.

Application by employee for compensationE+W

63.12—(1) An application by an employee for compensation under section 40(1) or (2) of the 1977 Act must be made—

(a)in a claim form; and

(b)within the period prescribed by paragraphs (2) and (3).

(2) The prescribed period begins on the date of the grant of the patent and ends one year after the patent has ceased to have effect.

(3) Where a patent has ceased to have effect as a result of failure to pay the renewal fees within the period prescribed under rule 39 of the Patents Rules 1995, and an application for restoration is made to the Comptroller under section 28 of the 1977 Act, the period prescribed under paragraph (2)—

(a)if restoration is ordered, continues as if the patent had remained continuously in effect; or

(b)if restoration is refused, is treated as expiring one year after the patent ceased to have effect, or six months after the refusal, whichever is the later.

II REGISTERED TRADE MARKS AND OTHER INTELLECTUAL PROPERTY RIGHTSE+W

AllocationE+W

63.13—(1) This Section of this Part applies to—

(a)claims relating to matters arising out of the 1994 Act; and

(b)other intellectual property rights as set out in the practice direction.

F589(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) [F590Claims] to which this Section of this Part applies must be brought in—

(a)the Chancery Division;

(b)a Patents County Court; or

(c)a county court where there is also a Chancery district registry.

Textual Amendments

Claims under the 1994 ActE+W

63.14  In a claim under the 1994 Act, the claim form or application notice must be served on the registrar where the relief sought would, if granted, affect an entry in the United Kingdom register.

Claim for infringement of registered trade markE+W

63.15—(1) In a claim for infringement of a registered trade mark the defendant may—

(a)in his defence, challenge the validity of the registration of the trade mark; and

(b)apply by Part 20 claim for—

(i)revocation of the registration;

(ii)a declaration that the registration is invalid; or

(iii)rectification of the register.

(2) Where a defendant applies under paragraph (1)(b) and the relief sought would, if granted, affect an entry in the United Kingdom register, he must serve on the registrar a copy of his claim form.

III SERVICEE+W

ServiceE+W

[F59163.16—(1) Subject to paragraph (2), Part 6 applies to service of a claim form and any document under this Part.

(2) A claim form relating to a registered right may be served—

(a)on a party who has registered the right at the address for service given for that right in the United Kingdom Patent Office register, provided the address is within the jurisdiction; or

(b)in accordance with rule 6.19(1) or (1A) on a party who has registered the right at the address for service given for that right in the appropriate register at—

(i)the United Kingdom Patent Office; or

(ii)the Office for Harmonisation in the Internal Market.]

Textual Amendments

IV APPEALSE+W

Appeals from the ComptrollerE+W

63.17—(1) Part 52 applies to appeals from the Comptroller.

(2) Patent appeals are to be made to the Patents Court, and other appeals to the Chancery Division.

(3) Where Part 52 requires a document to be served, it must also be served on the Comptroller or registrar, as appropriate.]

[F592PART 64E+WESTATES, TRUSTS AND CHARITIES

Textual Amendments

Contents of this Part

GeneralRule 64.1

I

CLAIMS RELATING TO THE ADMINISTRATION OF ESTATES AND TRUSTS

Scope of this SectionRule 64.2
Claim formRule 64.3
PartiesRule 64.4

II

CHARITY PROCEEDINGS

Scope of this Section and interpretationRule 64.5
Application for permission to take charity proceedingsRule 64.6

GeneralE+W

64.1—(1) This Part contains rules—

(a)in Section I, about claims relating to—

(i)the administration of estates of deceased persons, and

(ii)trusts; and

(b)in Section II, about charity proceedings.

(2) In this Part and its practice directions, where appropriate, references to trustees include executors and administrators.

(3) All proceedings in the High Court to which this Part applies must be brought in the Chancery Division.

SECTION I: CLAIMS RELATING TO THE ADMINISTRATION OF ESTATES AND TRUSTSE+W

Scope of this SectionE+W

64.2  This Section of this Part applies to claims—

(a)for the court to determine any question arising in—

(i)the administration of the estate of a deceased person; or

(ii)the execution of a trust;

(b)for an order for the administration of the estate of a deceased person, or the execution of a trust, to be carried out under the direction of the court (“an administration order”);

(c)under the Variation of Trusts Act 1958(11); or

(d)under section 48 of the Administration of Justice Act 1985(12).

Claim formE+W

64.3  A claim to which this Section applies must be made by issuing a Part 8 claim form.

PartiesE+W

64.4—(1) In a claim to which this Section applies, other than an application under section 48 of the Administration of Justice Act 1985—

(a)all the trustees must be parties;

(b)if the claim is made by trustees, any of them who does not consent to being a claimant must be made a defendant; and

(c)the claimant may make parties to the claim any persons with an interest in or claim against the estate, or an interest under the trust, who it is appropriate to make parties having regard to the nature of the order sought.

(2) In addition, in a claim under the Variation of Trusts Act 1958, unless the court directs otherwise any person who—

(a)created the trust; or

(b)provided property for the purposes of the trust,

must, if still alive, be made a party to the claim.

  • (The court may, under rule 19.2, order additional persons to be made parties to a claim.)

SECTION II: CHARITY PROCEEDINGSE+W

Scope of this Section and interpretationE+W

64.5—(1) This Section applies to charity proceedings.

(2) In this Section—

(a)“the Act” means the Charities Act 1993(13);

(b)“charity proceedings” has the same meaning as in section 33(8) of the Act; and

(c)“the Commissioners” means the Charity Commissioners for England and Wales.

Application for permission to take charity proceedingsE+W

64.6—(1) An application to the High Court under section 33(5) of the Act for permission to start charity proceedings must be made within 21 days after the refusal by the Commissioners of an order authorising proceedings.

(2) The application must be made by issuing a Part 8 claim form, which must contain the information specified in the practice direction.

(3) The Commissioners must be made defendants to the claim, but the claim form need not be served on them or on any other person.

(4) The judge considering the application may direct the Commissioners to file a written statement of their reasons for their decision.

(5) The court will serve on the applicant a copy of any statement filed under paragraph (4).

(6) The judge may either—

(a)give permission without a hearing; or

(b)fix a hearing.]

[F593PART 65E+WPROCEEDINGS RELATING TO ANTI-SOCIAL BEHAVIOUR AND HARASSMENT

Textual Amendments

Contents of this Part

Scope of this PartRule 65.1
I  HOUSING ACT 1996 INJUNCTIONS
Scope of this Section and interpretationRule 65.2
Applications for an injunctionRule 65.3
Injunction containing provisions to which a power of arrest is attachedRule 65.4
Application for warrant of arrest under section 155(3) of the 1996 ActRule 65.5
Proceedings following arrestRule 65.6
RecognizanceRule 65.7
II   APPLICATIONS BY LOCAL AUTHORITIES FOR POWER OF ARREST TO BE ATTACHED TO AN INJUNCTION
Scope of this Section and interpretationRule 65.8
Applications under section 91(3) of the 2003 Act for a power of arrest to be attached to any provision of an injunctionRule 65.9
Injunction containing provisions to which a power of arrest is attachedRule 65.10
III   DEMOTION CLAIMS AND PROCEEDINGS RELATING TO DEMOTED TENANCIES
Scope of this Section and interpretationRule 65.11
Demotion claims made in the alternative to possession claimsRule 65.12
Other demotion claimsRule 65.13
Starting a demotion claimRule 65.14
Particulars of claimRule 65.15
Hearing dateRule 65.16
Defendant’s responseRule 65.17
The hearingRule 65.18
AllocationRule 65.19
Proceedings relating to demoted tenanciesRule 65.20
IV   ANTI-SOCIAL BEHAVIOUR ORDERS UNDER THE CRIME AND DISORDER ACT 1998
Scope of this Section and interpretationRule 65.21
Application where the relevant authority is a party to the principal proceedingsRule 65.22
Application by a relevant authority to join a person to the principal proceedingsRule 65.23
Application where the relevant authority is not a party to the principal proceedingsRule 65.24
EvidenceRule 65.25
Application for an interim orderRule 65.26
V  CLAIMS UNDER THE PROTECTION FROM HARASSMENT ACT 1997
Scope of this Section and interpretationRule 65.27
Claims under section 3 of the 1997 ActRule 65.28
Application for issue of a warrant of arrest under section 3(3) of the 1997 ActRule 65.29
Proceedings following arrestRule 65.30

[F594VI DRINKING BANNING ORDERS UNDER THE VIOLENT CRIME REDUCTION ACT 2006

Scope of this Section and interpretation

Rule 65.31

Application where the relevant authority is a party in principal proceedingsRule 65.32
Application where the relevant authority is not a party in principal proceedingsRule 65.33
Application by a relevant authority to join a person to the principal proceedingsRule 65.34
EvidenceRule 65.35
Application for an interim orderRule 65.36
VII PARENTING ORDERS UNDER THE ANTI-SOCIAL BEHAVIOUR ACT 2003
Scope of this Section and interpretationRule 65.37
Applications for parenting ordersRule 65.38
Applications by the relevant authority to be joined to proceedingsRule 65.39
Applications by the relevant authority to join a parent to proceedingsRule 65.40
EvidenceRule 56.41]

Textual Amendments

F594Words in Pt. 65 Table of Contents inserted (1.10.2007) by The Civil Procedure (Amendment) Rules 2007 (S.I. 2007/2204), rules 1, 19(a)

Scope of this PartE+W

65.1.  This Part contains rules—

(a)in Section I, about injunctions under the Housing Act 1996;

(b)in Section II, about applications by local authorities under section 91(3) of the Anti-social Behaviour Act 2003 for a power of arrest to be attached to an injunction;

(c)in Section III, about claims for demotion orders under the Housing Act 1985 and Housing Act 1988 and proceedings relating to demoted tenancies;

(d)in Section IV, about anti-social behaviour orders under the Crime and Disorder Act 1998;

(e)in Section V, about claims under section 3 of the Protection from Harassment Act 1997 [F595;]

[F596(f)in Section VI, about applications for drinking banning orders and interim drinking banning orders under sections 4 and 9 of the Violent Crime Reduction Act 2006; and

(g)in Section VII, about parenting orders under sections 26A and 26B of the Anti-social Behaviour Act 2003.]

Textual Amendments

SECTION IE+WHousing Act 1996 injunctions

Scope of this Section and interpretationE+W

65.2.—(1) This Section applies to applications for an injunction and other related proceedings under Chapter III of Part V of the Housing Act 1996 (injunctions against anti-social behaviour).

(2) In this Section “the 1996 Act” means the Housing Act 1996.

Applications for an injunctionE+W

65.3.—(1) An application for an injunction under [F597Chapter III of Part V] of the 1996 Act shall be subject to the Part 8 procedure as modified by this rule and the relevant practice direction.

(2) The application must be—

(a)made by a claim form in accordance with the relevant practice direction;

(b)commenced in the court for the district in which the defendant resides or the conduct complained of occurred; and

(c)supported by [F598a witness statement] which must be filed with the claim form.

(3) The claim form must state—

(a)the matters required by rule 8.2; and

(b)the terms of the injunction applied for.

(4) An application under this rule may be made without notice and where such an application without notice is made—

(a)the [F599witness statement] in support of the application must state the reasons why notice has not been given; and

(b)the following rules do not apply—

(i)8.3;

(ii)8.4;

(iii)8.5(2) to (6);

(iv)8.6(1);

(v)8.7; and

(vi)8.8.

(5) In every application made on notice, the application notice must be served, together with a copy of the [F600witness statement], by the claimant on the defendant personally.

(6) An application made on notice may be listed for hearing before the expiry of the time for the defendant to file an acknowledgement of service under rule 8.3, and in such a case—

(a)the claimant must serve the application notice and [F601witness statement] on the defendant not less than two days before the hearing; and

(b)the defendant may take part in the hearing whether or not he has filed an acknowledgment of service.

Textual Amendments

Injunction containing provisions to which a power of arrest is attachedE+W

65.4.—(1) In this rule “relevant provision” means a provision of an injunction to which a power of arrest is attached.

(Sections 153C(3) and 153D(4) of the 1996 Act confer powers to attach a power of arrest to an injunction)

(2) Where an injunction contains one or more relevant provisions—

(a)each relevant provision must be set out in a separate paragraph of the injunction; and

(b)subject to paragraph (3), the claimant must deliver a copy of the relevant provisions to any police station for the area where the conduct occurred.

(3) Where the injunction has been granted without notice, the claimant must not deliver a copy of the relevant provisions to any police station for the area where the conduct occurred before the defendant has been served with the injunction containing the relevant provisions.

(4) Where an order is made varying or discharging any relevant provision, the claimant must—

(a)immediately inform the police station to which a copy of the relevant provisions was delivered under paragraph (2)(b); and

(b)deliver a copy of the order to any police station so informed.

Application for warrant of arrest under section 155(3) of the 1996 ActE+W

65.5.—(1) An application for a warrant of arrest under section 155(3) of the 1996 Act must be made in accordance with Part 23 and may be made without notice.

(2) An applicant for a warrant of arrest under section 155(3) of the 1996 Act must—

(a)file an affidavit setting out grounds for the application with the application notice; or

(b)give oral evidence as to the grounds for the application at the hearing.

Proceedings following arrestE+W

65.6.—(1) This rule applies where a person is arrested pursuant to—

(a)a power of arrest attached to a provision of an injunction; or

(b)a warrant of arrest.

(2) The judge before whom a person is brought following his arrest may—

(a)deal with the matter; or

(b)adjourn the proceedings.

(3) Where the proceedings are adjourned the judge may remand the arrested person in accordance with section 155(2)(b) or (5) of the 1996 Act.

(4) Where the proceedings are adjourned and the arrested person is released—

(a)the matter must be dealt with (whether by the same or another judge) within 28 days of the date on which the arrested person appears in court; and

(b)the arrested person must be given not less than 2 days' notice of the hearing.

(5) An application notice seeking the committal for contempt of court of the arrested person may be issued even if the arrested person is not dealt with within the period mentioned in paragraph (4)(a).

(6) CCR Order 29, rule 1 shall apply where an application is made in a county court to commit a person for breach of an injunction, as if references in that rule to the judge included references to a district judge.

(For applications in the High Court for the discharge of a person committed to prison for contempt of court see RSC Order 52, rule 8. For such applications in the county court see CCR Order 29, rule 3)

RecognizanceE+W

65.7.—(1) Where, in accordance with paragraph 2(2)(b) of Schedule 15 to the 1996 Act, the court fixes the amount of any recognizance with a view to it being taken subsequently, the recognizance may be taken by—

(a)a judge;

(b)a justice of the peace;

(c)a justices' clerk;

(d)a police officer of the rank of inspector or above or in charge of a police station; or

(e)where the arrested person is in his custody, the governor or keeper of a prison,

with the same consequences as if it had been entered into before the court.

(2) The person having custody of an applicant for bail must release him if satisfied that the required recognizances have been taken.

SECTION IIE+WApplications by local authorities for power of arrest to be attached to an injunction

Scope of this Section and interpretationE+W

65.8.—(1) This Section applies to applications by local authorities under section 91(3) of the Anti-social Behaviour Act 2003 [F602or under section 27(3) of the Police and Justice Act 2006] for a power of arrest to be attached to an injunction.

(Section 91 of the 2003 Act [F603and section 27 of the 2006 Act apply] to proceedings in which a local authority is a party by virtue of section 222 of the Local Government Act 1972 (power of local authority to bring, defend or appear in proceedings for the promotion or protection of the interests of inhabitants in their area)

(2) In this Section “the 2003 Act” means the Anti-social Behaviour Act 2003.

[F604(3) In this Section “the 2006 Act” means the Police and Justice Act 2006.]

Textual Amendments

Applications under section 91(3) of the 2003 Act [F605or section 27(3) of the 2006 Act] for a power of arrest to be attached to any provision of an injunctionE+W

65.9.—(1) An application under section 91(3) of the 2003 Act [F606or section 27(3) of the 2006 Act] for a power of arrest to be attached to any provision of an injunction must be made in the proceedings seeking the injunction by—

(a)the claim form;

(b)the acknowledgment of service;

(c)the defence or counterclaim in a Part 7 claim; or

(d)application under Part 23.

(2) Every application must be supported by written evidence.

(3) Every application made on notice must be served personally, together with a copy of the written evidence, by the local authority on the person against whom the injunction is sought not less than 2 days before the hearing.

(Attention is drawn to rule 25.3(3)–applications without notice)

Textual Amendments

Injunction containing provisions to which a power of arrest is attachedE+W

65.10.—(1) Where a power of arrest is attached to a provision of an injunction on the application of a local authority under section 91(3) of the 2003 Act, the following rules in Section I of this Part shall apply—

(a)rule 65.4; and

(b)paragraphs (1), (2), (4) and (5) of rule 65.6.

[F607(1A) Where a power of arrest is attached to a provision of an injunction on the application of a local authority under section 27(3) of the 2006 Act, the following rules in Section I of this Part apply—

(a)rule 65.4;

(b)paragraphs (1), (2), (4) and (5) of rule 65.6;

(c)paragraph (1) of rule 65.7, as if the reference to paragraph 2(2)(b) of Schedule 15 to the Housing Act 1996 was a reference to paragraph 2(2)(b) of Schedule 10 to the 2006 Act; and

(d)paragraph (2) of rule 65.7.]

(2) CCR Order 29, rule 1 shall apply where an application is made in a county court to commit a person for breach of an injunction.

Textual Amendments

SECTION IIIE+W[F608Demotion claims, proceedings related to demoted tenancies and applications to suspend the right to buy]

Textual Amendments

Scope of this Section and interpretationE+W

65.11.—(1) This Section applies to—

(a)claims by a landlord for an order under section 82A of the Housing Act 1985 or under section 6A of the Housing Act 1988 (“a demotion order”); F609...

[F610(aa)claims by a landlord for an order under section 121A of the Housing Act 1985 (“a suspension order”); and]

(b)proceedings relating to a tenancy created by virtue of a demotion order.

(2) In this Section—

(a)“a demotion claim” means a claim made by a landlord for a demotion order; F611...

(b)“a demoted tenancy” means a tenancy created by virtue of a demotion order [F612;

(c)“suspension claim” means a claim made by a landlord for a suspension order; and

(d)“suspension period” means the period during which the suspension order suspends the right to buy in relation to the dwelling house.]

Textual Amendments

Demotion claims [F613or suspension claims] made in the alternative to possession claimsE+W

65.12.  Where a demotion order [F614or suspension order (or both)] is claimed in the alternative to a possession order, the claimant must use the Part 55 procedure and Section I of Part 55 applies, except that the claim must be made in the county court for the district in which the property to which the claim relates is situated.

Textual Amendments

Other demotion [F615or suspension] claimsE+W

65.13.  Where a demotion claim [F616or suspension claim (or both)] is made other than in a possession claim, rules 65.14 to 65.19 apply.

Textual Amendments

Starting a demotion [F617or suspension] claimE+W

65.14.—(1) [F618The claim] must be made in the county court for the district in which the property to which the claim relates is situated.

(2) The claim form and form of defence sent with it must be in the forms set out in the relevant practice direction.

(The relevant practice direction and Part 16 provide details about the contents of the particulars of claim)

Textual Amendments

Particulars of claimE+W

65.15.  The particulars of claim must be filed and served with the claim form.

Hearing dateE+W

65.16.—(1) The court will fix a date for the hearing when it issues the claim form.

(2) The hearing date will be not less than 28 days from the date of issue of the claim form.

(3) The standard period between the issue of the claim form and the hearing will be not more than 8 weeks.

(4) The defendant must be served with the claim form and the particulars of claim not less than 21 days before the hearing date.

(Rule 3.1(2)(a) provides that the court may extend or shorten the time for compliance with any rule and rule 3.1(2)(b) provides that the court may adjourn or bring forward a hearing)

Defendant’s responseE+W

65.17.—(1) An acknowledgement of service is not required and Part 10 does not apply.

(2) Where the defendant does not file a defence within the time specified in rule 15.4 he may take part in any hearing but the court may take his failure to do so into account when deciding what order to make about costs.

(3) Part 12 (default judgment) does not apply F619....

Textual Amendments

The hearingE+W

65.18.—(1) At the hearing fixed in accordance with rule 65.16(1) or at any adjournment of that hearing the court may—

(a)[F620decide the claim]; or

(b)give case management directions.

(2) Where [F621the claim] is genuinely disputed on grounds which appear to be substantial, case management directions given under paragraph (1)(b) will include the allocation of [F621the claim] to a track or directions to enable it to be allocated.

(3) Except where—

(a)[F622the claim] is allocated to the fast track or the multi-track; or

(b)the court directs otherwise,

any fact that needs to be proved by the evidence of witnesses at a hearing referred to in paragraph (1) may be proved by evidence in writing.

(Rule 32.2(1) sets out the general rule about evidence. Rule 32.2(2) provides that rule 32.2(1) is subject to any provision to the contrary)

(4) All witness statements must be filed and served at least two days before the hearing.

(5) Where the claimant serves the claim form and particulars of claim, he must produce at the hearing a certificate of service of those documents and rule 6.14(2)(a) does not apply.

Textual Amendments

AllocationE+W

65.19.  When the court decides the track for [F623the claim], the matters to which it shall have regard include—

(a)the matters set out in rule 26.8; and

(b)the nature and extent of the conduct alleged.

Textual Amendments

Proceedings relating to demoted tenanciesE+W

65.20.  A practice direction may make provision about proceedings relating to demoted tenancies.

SECTION IVE+WAnti-social behaviour orders under the Crime and Disorder Act 1998

Scope of this Section and interpretationE+W

65.21.—(1) This Section applies to applications in proceedings in a county court under sub-sections (2), (3) or (3B) of section 1B of the Crime and Disorder Act 1998 by a relevant authority, and to applications for interim orders under section 1D of that Act.

(2) In this Section—

(a)“the 1998 Act” means the Crime and Disorder Act 1998;

(b)“relevant authority” has the same meaning as in section 1(1A) of the 1998 Act; and

(c)“the principal proceedings” means any proceedings in a county court.

Application where the relevant authority is a party in principal proceedingsE+W

65.22.—(1) Subject to paragraph (2)—

(a)where the relevant authority is the claimant in the principal proceedings, an application under section 1B(2) of the 1998 Act for an order under section 1B(4) of the 1998 Act must be made in the claim form; and

(b)where the relevant authority is a defendant in the principal proceedings, an application for an order must be made by application notice which must be filed with the defence.

(2) Where the relevant authority becomes aware of the circumstances that lead it to apply for an order after its claim is issued or its defence filed, the application must be made by application notice as soon as possible thereafter.

(3) Where the application is made by application notice, it should normally be made on notice to the person against whom the order is sought.

Application by a relevant authority to join a person to the principal proceedingsE+W

65.23.—(1) An application under section 1B(3B) of the 1998 Act by a relevant authority which is a party to the principal proceedings to join a person to the principal proceedings must be made—

(a)in accordance with Section I of Part 19;

(b)in the same application notice as the application for an order under section 1B(4) of the 1998 Act against the person; and

(c)as soon as possible after the relevant authority considers that the criteria in section 1B(3A) of the 1998 Act are met.

(2) The application notice must contain—

(a)the relevant authority’s reasons for claiming that the person’s anti-social acts are material in relation to the principal proceedings; and

(b)details of the anti-social acts alleged.

(3) The application should normally be made on notice to the person against whom the order is sought.

Application where the relevant authority is not party in principal proceedingsE+W

65.24.—(1) Where the relevant authority is not a party to the principal proceedings—

(a)an application under section 1B(3) of the 1998 Act to be made a party must be made in accordance with Section I of Part 19; and

(b)the application to be made a party and the application for an order under section 1B(4) of the 1998 Act must be made in the same application notice.

(2) The applications—

(a)must be made as soon as possible after the authority becomes aware of the principal proceedings; and

(b)should normally be made on notice to the person against whom the order is sought.

EvidenceE+W

65.25.  An application for an order under section 1B(4) of the 1998 Act must be accompanied by written evidence, which must include evidence that section 1E of the 1998 Act has been complied with.

Application for an interim orderE+W

65.26.—(1) An application for an interim order under section 1D of the 1998 Act must be made in accordance with Part 25.

(2) The application should normally be made—

(a)in the claim form or application notice seeking the order; and

(b)on notice to the person against whom the order is sought.

SECTION VE+WProceedings under the Protection from Harassment Act 1997

Scope of this SectionE+W

65.27.  This Section applies to proceedings under section 3 of the Protection from Harassment Act 1997 (“the 1997 Act”).

Claims under section 3 of the 1997 ActE+W

65.28.  A claim under section 3 of the 1997 Act—

(a)shall be subject to the Part 8 procedure; and

(b)must be commenced—

(i)if in the High Court, in the Queen’s Bench Division;

(ii)if in the county court, in the court for the district in which the defendant resides or carries on business or the court for the district in which the claimant resides or carries on business.

Applications for issue of a warrant of arrest under section 3(3) of the 1997 ActE+W

65.29.—(1) An application for a warrant of arrest under section 3(3) of the 1997 Act—

(a)must be made in accordance with Part 23; and

(b)may be made without notice.

(2) The application notice must be supported by affidavit evidence which must—

(a)set out the grounds for the application;

(b)state whether the claimant has informed the police of the conduct of the defendant as described in the affidavit; and

(c)state whether, to the claimant’s knowledge, criminal proceedings are being pursued.

Proceedings following arrestE+W

65.30.—(1) The judge before whom a person is brought following his arrest may—

(a)deal with the matter; or

(b)adjourn the proceedings.

(2) Where the proceedings are adjourned and the arrested person is released—

(a)the matter must be dealt with (whether by the same or another judge) within 28 days of the date on which the arrested person appears in court; and

(b)the arrested person must be given not less than 2 days' notice of the hearing.

[F624VI DRINKING BANNING ORDERS UNDER THE VIOLENT CRIME REDUCTION ACT 2006E+W

Textual Amendments

Scope of this Section and interpretationE+W

65.31—(1) This Section applies to applications in proceedings in a county court under sub-sections (2), (3) or (5) of section 4 of the Violent Crime Reduction Act 2006 by a relevant authority, and to applications for interim orders under section 9 of that Act.

(1) In this Section—

(a)‘the 2006 Act’ means the Violent Crime Reduction Act 2006;

(b)‘relevant authority’ has the same meaning as in section 14(1) of the 2006 Act; and

(c)‘the principal proceedings’ means any proceedings in a county court.

Application where the relevant authority is a party in principal proceedingsE+W

65.32—(1) Subject to paragraph (2)—

(a)where the relevant authority is the claimant in the principal proceedings, an application under section 4(2) of the 2006 Act for an order under section 4(7) of the 2006 Act must be made in the claim form; and

(b)where the relevant authority is a defendant in the principal proceedings, an application for an order must be made by application notice which must be filed with the defence.

(2) Where the relevant authority becomes aware of the circumstances that lead it to apply for an order after its claim is issued or its defence filed, the application must be made by application notice as soon as possible thereafter.

(3) Where the application is made by application notice, it should normally be made on notice to the person against whom the order is sought.

Application where the relevant authority is not a party in principal proceedingsE+W

65.33—(1) Where the relevant authority is not a party to the principal proceedings—

(a)an application under section 4(3) of the 2006 Act to be made a party must be made in accordance with Section I of Part 19; and

(b)the application to be made a party and the application for an order under section 4(7) of the 2006 Act must be made in the same application notice.

(2) The applications—

(a)must be made as soon as possible after the authority becomes aware of the principal proceedings; and

(b)should normally be made on notice to the person against whom the order is sought.

Application by a relevant authority to join a person to the principal proceedingsE+W

65.34—(1) An application under section 4(5) of the 2006 Act by a relevant authority which is a party to the principal proceedings to join a person to the principal proceedings must be made—

(a)in accordance with Section I of Part 19;

(b)in the same application notice as the application for an order under section 4(7) of the 2006 Act against the person; and

(c)as soon as possible after the relevant authority considers that the criteria in section 4(4) of the 2006 Act are met.

(2) The application notice must contain—

(a)the relevant authority’s reasons for claiming that the person’s conduct is material in relation to the principal proceedings; and

(b)details of the conduct alleged.

(3) The application should normally be made on notice to the person against whom the order is sought.

EvidenceE+W

65.35  An application for an order under section 4(7) of the 2006 Act must be accompanied by written evidence, which must include evidence that section 4(6) of the 2006 Act has been complied with.

Application for an interim orderE+W

65.36—(1) An application for an interim order under section 9 of the 2006 Act must be made in accordance with Part 25.

(2) The application should normally be made—

(a)in the claim form or application notice seeking the order; and

(b)on notice to the person against whom the order is sought.

(3) An application for an interim order may be—

(a)made without a copy of the application notice being served on the person against whom the order is sought;

(b)heard in the absence of the person against whom the order is sought,

with the permission of the court.]

[F625VII – PARENTING ORDERS UNDER THE ANTI-SOCIAL BEHAVIOUR ACT 2003E+W

Textual Amendments

Scope of this Section and interpretationE+W

65.37.—(1) This Section of this Part applies in relation to applications for parenting orders under sections 26A and 26B of the Anti-social Behaviour Act 2003 by a relevant authority.

(2) In this Section—

(a)“the 2003 Act” means the Anti-social Behaviour Act 2003; and

(b)“relevant authority” has the same meaning as in section 26C of the 2003 Act.

Applications for parenting ordersE+W

65.38.—(1) Subject to paragraph (2)—

(a)where the relevant authority is the claimant in the proceedings, an application for an order under section 26A or 26B of the 2003 Act must be made in the claim form; and

(b)where the relevant authority is a defendant in the proceedings, an application for such an order must be made by application notice which must be filed with the defence.

(2) Where the relevant authority becomes aware of the circumstances that lead it to apply for an order after its claim is issued or its defence filed, the application must be made by application notice as soon as possible thereafter.

(3) Where the application is made by application notice, it must normally be made on notice to the person against whom the order is sought.

Applications by the relevant authority to be joined to proceedingsE+W

65.39.—(1) Where the relevant authority is not a party to the proceedings—

(a)an application under section 26C(2) of the 2003 Act to be made a party must be made in accordance with Section I of Part 19; and

(b)the application to be made a party and the application for an order under section 26A or 26B of the 2003 Act must be made in the same application notice.

(2) The applications—

(a)must be made as soon as possible after the relevant authority becomes aware of the proceedings; and

(b)must normally be made on notice to the person against whom the order is sought.

Applications by the relevant authority to join a parent to proceedingsE+W

65.40.—(1) An application under section 26C(3) of the 2003 Act by a relevant authority which is a party to the proceedings to join a parent to those proceedings must be made—

(a)in the same application notice as the application for an order under section 26A or 26B of the 2003 Act; and

(b)as soon as possible after the relevant authority considers that the grounds for the application are met.

(2) Rule 19.2 does not apply in relation to an application made by a relevant authority under section 26C(3) of the 2003 Act to join a parent to the proceedings.

(3) The application notice must contain—

(a)the relevant authority’s reasons for claiming the anti-social behaviour of the child or young person is material in relation to the proceedings; and

(b)details of the behaviour alleged.

(4) The application must normally be made on notice to the person against whom the order is sought.

EvidenceE+W

65.41.  An application under section 26A, 26B or 26C of the 2003 Act must be accompanied by written evidence.]]

[F626PART 66E+WCROWN PROCEEDINGS

Textual Amendments

Contents of this Part

Scope of this Part and interpretationRule 66.1
Application of the Civil Procedure RulesRule 66.2
Action on behalf of the CrownRule 66.3
Counterclaims, other Part 20 claims, and set-offRule 66.4
Applications in revenue mattersRule 66.5
Enforcement against the CrownRule 66.6
Money due from the CrownRule 66.7

Scope of this Part and interpretationE+W

66.1—(1) This Part contains rules for civil proceedings by or against the Crown, and other civil proceedings to which the Crown is a party.

(2) In this Part—

(a)“the Act” means the Crown Proceedings Act 1947;

(b)“civil proceedings by the Crown” means the civil proceedings described in section 23(1) of the Act, but excluding the proceedings described in section 23(3);

(c)“civil proceedings against the Crown” means the civil proceedings described in section 23(2) of the Act, but excluding the proceedings described in section 23(3);

(d)“civil proceedings to which the Crown is a party” has the same meaning as it has for the purposes of Parts III and IV of the Act by virtue of section 38(4).

Application of the Civil Procedure RulesE+W

66.2  These Rules and their practice directions apply to civil proceedings by or against the Crown and to other civil proceedings to which the Crown is a party unless this Part, a practice direction or any other enactment provides otherwise.

Action on behalf of the CrownE+W

66.3—(1) Where by reason of a rule, practice direction or court order the Crown is permitted or required—

(a)to make a witness statement,

(b)to swear an affidavit,

(c)to verify a document by a statement of truth;

(d)to make a disclosure statement; or

(e)to discharge any other procedural obligation,

that function shall be performed by an appropriate officer acting on behalf of the Crown.

(2) The court may if necessary nominate an appropriate officer.

Counterclaims, other Part 20 claims, and set-offE+W

66.4—(1) In a claim by the Crown for taxes, duties or penalties, the defendant cannot make a counterclaim or other Part 20 claim or raise a defence of set-off.

(2) In any other claim by the Crown, the defendant cannot make a counterclaim or other Part 20 claim or raise a defence of set-off which is based on a claim for repayment of taxes, duties or penalties.

(3) In proceedings by or against the Crown in the name of the Attorney-General, no counterclaim or other Part 20 claim can be made or defence of set-off raised without the permission of the court.

(4) In proceedings by or against the Crown in the name of a government department, no counterclaim or other Part 20 claim can be made or defence of set-off raised without the permission of the court unless the subject-matter relates to that government department.

Applications in revenue mattersE+W

66.5—(1) This rule sets out the procedure under section 14 of the Act, which allows the Crown to make summary applications in the High Court in certain revenue matters.

(2) The application must be made in the High Court using the Part 8 procedure.

(3) The title of the claim form must clearly identify the matters which give rise to the application.

Enforcement against the CrownE+W

66.6—(1) The following rules do not apply to any order against the Crown—

(a)Parts 69 to 73;

(b)RSC Orders 45 to 47 and 52; and

(c)CCR Orders 25 to 29.

(2) In paragraph (1), “order against the Crown” means any judgment or order against the Crown, a government department, or an officer of the Crown as such, made—

(a)in civil proceedings by or against the Crown;

(b)in proceedings in the Administrative Court;

(c)in connection with an arbitration to which the Crown is a party; or

(d)in other civil proceedings to which the Crown is a party.

(3) An application under section 25(1) of the Act for a separate certificate of costs payable to the applicant may be made without notice.

Money due from the CrownE+W

66.7—(1) None of the following orders—

(a)a third party debt order under Part 72;

(b)an order for the appointment of a receiver under Part 69; or

(c)an order for the appointment of a sequestrator under RSC Order 45,

may be made or have effect in respect of any money due from the Crown.

(2) In paragraph (1), “money due from the Crown” includes money accruing due, and money alleged to be due or accruing due.

(3) An application for an order under section 27 of the Act—

(a)restraining a person from receiving money payable to him by the Crown; and

(b)directing payment of the money to the applicant or another person,

may be made under Part 23.

(4) The application must be supported by written evidence setting out the facts on which it is based, and in particular identifying the debt from the Crown.

(5) Where the debt from the Crown is money in a National Savings Bank account, the witness must if possible identify the number of the account and the name and address of the branch where it is held.

(6) Notice of the application, with a copy of the written evidence, must be served—

(a)on the Crown, and

(b)on the person to be restrained,

at least 7 days before the hearing.

(7) Rule 72.8 applies to an application under this rule as it applies to an application under rule 72.2 for a third party debt order, except that the court will not have the power to order enforcement to issue against the Crown.]

[F627PART 67E+WPROCEEDINGS RELATING TO SOLICITORS

Textual Amendments

Scope and interpretationE+W

67.1.—(1) This Part contains rules about the following types of proceedings relating to solicitors—

(a)proceedings to obtain an order for a solicitor to deliver a bill or cash account and proceedings in relation to money or papers received by a solicitor (rule 67.2);

(b)proceedings under Part III of the Solicitors Act 1974(3) relating to the remuneration of solicitors (rule 67.3); and

(c)proceedings under Schedule 1 to the Solicitors Act 1974(4) arising out of the Law Society’s intervention in a solicitor’s practice (rule 67.4).

(2) In this Part—

“the Act” means the Solicitors Act 1974; and

“LLP” means limited liability partnership.

(Part 48 and Section 56 of the Costs Practice Direction contain provisions about the procedure and basis for the detailed assessment of solicitor and client costs under Part III of the Act)

(The practice direction supplementing Part 52 contains provisions about appeals to the High Court from the Solicitors Disciplinary Tribunal under section 49 of the Act)

Power to order solicitor to deliver cash account etc.E+W

67.2.—(1) Where the relationship of solicitor and client exists or has existed, the orders which the court may make against the solicitor, on the application of the client or his personal representatives, include any of the following—

(a)to deliver a bill or cash account;

(b)to pay or deliver up any money or securities;

(c)to deliver a list of the moneys or securities which the solicitor has in his possession or control on behalf of the applicant;

(d)to pay into or lodge in court any such money or securities.

(2) An application for an order under this rule must be made—

(a)by Part 8 claim form; or

(b)if the application is made in existing proceedings, by application notice in accordance with Part 23.

(3) If the solicitor alleges that he has a claim for costs against the applicant, the court may make an order for—

(a)the detailed assessment and payment of those costs; and

(b)securing the payment of the costs, or protecting any solicitor’s lien.

Proceedings under Part III of the ActE+W

67.3.—(1) A claim for an order under Part III of the Act for the assessment of costs payable to a solicitor by his client—

(a)which—

(i)relates to contentious business done in a county court; and

(ii)is within the financial limit of the county court’s jurisdiction specified in section 69(3) of the Act(5),

may be made in that county court;

(b)in every other case, must be made in the High Court.

(Rule 30.2 makes provision for any county court to transfer the proceedings to another county court for detailed assessment of costs)

(Provisions about the venue for detailed assessment proceedings are contained in rule 47.4, Section 31 of the Costs Practice Direction and the Costs Pilot Scheme Practice Direction supplementing Part 47)

(2) A claim for an order under Part III of the Act must be made—

(a)by Part 8 claim form; or

(b)if the claim is made in existing proceedings, by application notice in accordance with Part 23.

(A model form of claim form is annexed to the Costs Practice Direction)

(3) A claim in the High Court under Part III of the Act may be determined by—

(a)a High Court judge;

(b)a Master, a costs judge or a district judge of the Principal Registry of the Family Division; or

(c)a district judge, if the costs are for—

(i)contentious business done in proceedings in the district registry of which he is the district judge;

(ii)contentious business done in proceedings in a county court within the district of that district registry; or

(iii)non-contentious business.

Proceedings 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 madeDefendant 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 11the 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.]

[F628PART 68E+WREFERENCES TO THE EUROPEAN COURT

Textual Amendments

Contents of this Part

InterpretationRule 68.1
Making of order of referenceRule 68.2
Transmission to the European CourtRule 68.3
Stay of proceedingsRule 68.4

InterpretationE+W

68.1  In this Part—

(a)“the court” means the court making the order;

(b)“the European Court” means the Court of Justice of the European Communities;

(c)“order” means an order referring a question to the European Court for a preliminary ruling under—

(i)article 234 of the Treaty establishing the European Community;

(ii)article 150 of the Euratom Treaty;

(iii)article 41 of the ECSC Treaty;

(iv)the Protocol of 3 June 1971 on the interpretation by the European Court of the Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters(14); or

(v)the Protocol of 19 December 1988 on the interpretation by the European Court of the Convention of 19 June 1980 on the Law applicable to Contractual Obligations(15).

Making of order of referenceE+W

68.2—(1) An order may be made at any stage of the proceedings—

(a)by the court of its own initiative; or

(b)on an application by a party in accordance with Part 23.

(2) An order may not be made—

(a)in the High Court, by a Master or district judge;

(b)in a county court, by a district judge.

(3) The request to the European Court for a preliminary ruling must be set out in a schedule to the order, and the court may give directions on the preparation of the schedule.

Transmission to the European CourtE+W

68.3—(1) The Senior Master will send a copy of the order to the Registrar of the European Court.

(2) Where an order is made by a county court, the proper officer will send a copy of it to the Senior Master for onward transmission to the European Court.

(3) Unless the court orders otherwise, the Senior Master will not send a copy of the order to the European Court until—

(a)the time for appealing against the order has expired; or

(b)any application for permission to appeal has been refused, or any appeal has been determined.

Stay of proceedingsE+W

68.4  Where an order is made, unless the court orders otherwise the proceedings will be stayed until the European Court has given a preliminary ruling on the question referred to it.]

[F629PART 69E+WCOURT'S POWER TO APPOINT A RECEIVER

Textual Amendments

Contents of this Part

Scope of this PartRule 69.1
Court’s power to appoint receiverRule 69.2
How to apply for the appointment of a receiverRule 69.3
Service of order appointing receiverRule 69.4
SecurityRule 69.5
Receiver’s application for directionsRule 69.6
Receiver’s remunerationRule 69.7
AccountsRule 69.8
Non-compliance by receiverRule 69.9
Application for discharge of receiverRule 69.10
Order discharging or terminating appointment of receiverRule 69.11

Scope of this PartE+W

69.1—(1) This Part contains provisions about the court’s power to appoint a receiver.

(2) In this Part “receiver” includes a manager.

Court’s power to appoint receiverE+W

69.2—(1) The court may appoint a receiver—

(a)before proceedings have started;

(b)in existing proceedings; or

(c)on or after judgment.

(2) A receiver must be an individual.

(3) The court may at any time—

(a)terminate the appointment of a receiver; and

(b)appoint another receiver in his place.

  • (The practice direction describes the powers for the court to appoint a receiver.)

How to apply for the appointment of a receiverE+W

69.3  An application for the appointment of a receiver—

(a)may be made without notice; and

(b)must be supported by written evidence.

Service of order appointing receiverE+W

69.4  An order appointing a receiver must be served by the party who applied for it on—

(a)the person appointed as receiver;

(b)unless the court orders otherwise, every other party to the proceedings; and

(c)such other persons as the court may direct.

SecurityE+W

69.5—(1) The court may direct that before a receiver begins to act or within a specified time he must either—

(a)give such security as the court may determine; or

(b)file and serve on all parties to the proceedings evidence that he already has in force sufficient security,

to cover his liability for his acts and omissions as a receiver.

(2) The court may terminate the appointment of the receiver if he fails to—

(a)give the security; or

(b)satisfy the court as to the security he has in force,

by the date specified.

Receiver’s application for directionsE+W

69.6—(1) The receiver may apply to the court at any time for directions to assist him in carrying out his function as a receiver.

(2) The court, when it gives directions, may also direct the receiver to serve on any person—

(a)the directions; and

(b)the application for directions.

  • (The practice direction makes provision for the form of applications by, and directions to, a receiver.)

Receiver’s remunerationE+W

69.7—(1) A receiver may only charge for his services if the court—

(a)so directs; and

(b)specifies the basis on which the receiver is to be remunerated.

(2) The court may specify—

(a)who is to be responsible for paying the receiver; and

(b)the fund or property from which the receiver is to recover his remuneration.

(3) If the court directs that the amount of a receiver’s remuneration is to be determined by the court—

(a)the receiver may not recover any remuneration for his services without a determination by the court; and

(b)the receiver or any party may apply at any time for such a determination to take place.

(4) Unless the court orders otherwise, in determining the remuneration of a receiver the court shall award such sum as is reasonable and proportionate in all the circumstances and which takes into account—

(a)the time properly given by him and his staff to the receivership;

(b)the complexity of the receivership;

(c)any responsibility of an exceptional kind or degree which falls on the receiver in consequence of the receivership;

(d)the effectiveness with which the receiver appears to be carrying out, or to have carried out, his duties; and

(e)the value and nature of the subject matter of the receivership.

(5) The court may refer the determination of a receiver’s remuneration to a costs judge.

AccountsE+W

69.8—(1) The court may order a receiver to prepare and serve accounts.

  • (The practice direction contains provisions about directions for the preparation and service of accounts.)

(2) A party served with such accounts may apply for an order permitting him to inspect any document in the possession of the receiver relevant to those accounts.

(3) Any party may, within 14 days of being served with the accounts, serve notice on the receiver—

(a)specifying any item in the accounts to which he objects;

(b)giving the reason for such objection; and

(c)requiring the receiver, within 14 days of receipt of the notice, either—

(i)to notify all the parties who were served with the accounts that he accepts the objection; or

(ii)if he does not accept the objection, to apply for an examination of the accounts in relation to the contested item.

(4) When the receiver applies for the examination of the accounts he must at the same time file—

(a)the accounts; and

(b)a copy of the notice served on him under this rule.

(5) If the receiver fails to comply with paragraph (3)(c) of this rule, any party may apply to the court for an examination of the accounts in relation to the contested item.

(6) At the conclusion of its examination of the accounts the court will certify the result.

  • (The practice direction supplementing Part 40 provides for inquiries into accounts.)

Non-compliance by receiverE+W

69.9—(1) If a receiver fails to comply with any rule, practice direction or direction of the court the court may order him to attend a hearing to explain his non-compliance.

(2) At the hearing the court may make any order it considers appropriate, including—

(a)terminating the appointment of the receiver;

(b)reducing the receiver’s remuneration or disallowing it altogether; and

(c)ordering the receiver to pay the costs of any party.

(3) Where—

(a)the court has ordered a receiver to pay a sum of money into court; and

(b)the receiver has failed to do so,

the court may order him to pay interest on that sum for the time he is in default at such rate as it considers appropriate.

Application for discharge of receiverE+W

69.10— [F630(1)]  A receiver or any party may apply for the receiver to be discharged on completion of his duties.

[F631(2) The application notice must be served on the persons who were required under rule 69.4 to be served with the order appointing the receiver.]

Textual Amendments

Order discharging or terminating appointment of receiverE+W

69.11—(1) An order discharging or terminating the appointment of a receiver may—

(a)require him to pay into court any money held by him; or

(b)specify the person to whom he must pay any money or transfer any assets still in his possession; and

(c)make provision for the discharge or cancellation of any guarantee given by the receiver as security.

(2) The order must be served on the persons who were required under rule 69.4 to be served with the order appointing the receiver.]

[F632PART 70E+WGENERAL RULES ABOUT ENFORCEMENT OFJUDGMENTS AND ORDERS

Textual Amendments

Modifications etc. (not altering text)

C49Pt. 70 applied (with modifications) (1.10.2007) by The Court of Protection Rules 2007 (S.I. 2007/1744), rules 1, 184(a)

Contents of this Part

Scope of this Part and interpretationRule 70.1
Methods of enforcing judgments or ordersRule 70.2
Transfer of proceedings for enforcementRule 70.3
Enforcement of judgment or order by or against non-partyRule 70.4
Enforcement of awards of bodies other than the High Court and county courtsRule 70.5
Effect of setting aside judgment or orderRule 70.6

Scope of this Part and interpretationE+W

70.1—(1) This Part contains general rules about enforcement of judgments and orders.

(Rules about specific methods of enforcement are contained in Parts 71 to 73, Schedule 1 RSC Orders 45 to 47 F633... and 52 and Schedule 2 CCR Orders 25 to 29)

(2) In this Part and in Parts 71 to 73—

(a)“judgment creditor” means a person who has obtained or is entitled to enforce a judgment or order;

(b)“judgment debtor” means a person against whom a judgment or order was given or made;

(c)“judgment or order” includes an award which the court has—

(i)registered for enforcement;

(ii)ordered to be enforced; or

(iii)given permission to enforce

as if it were a judgment or order of the court, and in relation to such an award, “the court which made the judgment or order” means the court which registered the award or made such an order; and

(d)“judgment or order for the payment of money” includes a judgment or order for the payment of costs, but does not include a judgment or order for the payment of money into court.

Textual Amendments

Methods of enforcing judgments or ordersE+W

70.2—(1) The relevant practice direction sets out methods of enforcing judgments or orders for the payment of money.

(2) A judgment creditor may, except where an enactment, rule or practice direction provides otherwise—

(a)use any method of enforcement which is available; and

(b)use more than one method of enforcement, either at the same time or one after another.

Transfer of proceedings for enforcementE+W

70.3—(1) A judgment creditor wishing to enforce a High Court judgment or order in a county court must apply to the High Court for an order transferring the proceedings to that county court.

(2) A practice direction may make provisions about the transfer of proceedings for enforcement.

(CCR Order 25 rule 13 contains provisions about the transfer of county court proceedings to the High Court for enforcement.)

Enforcement of judgment or order by or against non-partyE+W

70.4.  If a judgment or order is given or made in favour of or against a person who is not a party to proceedings, it may be enforced by or against that person by the same methods as if he were a party.

Enforcement of awards of bodies other than the High Court and county courtsE+W

70.5—(1) This rule applies, subject to paragraph (2), if—

(a)an award of a sum of money [F634or other decision] is made by any court, tribunal, body or person other than the High Court or a county court; and

(b)an enactment provides that the award may be enforced as if payable under a court order [F635, or that the decision may be enforced as if it were a court order].

[F636(2) This rule does not apply to—

(a)any judgment to which Part 74 applies; F637...

(b)arbitration awards [F638; or

(c)any order to which RSC Order 115 applies]

(Part 74 provides for the registration in the High Court for the purposes of enforcement of judgments from other jurisdictions and European Community judgments.)]

[F639(RSC Order 115 provides for the registration in the High Court for the purposes of enforcement of certain orders made in connection with criminal proceedings and investigations)]

(3) If the enactment provides that [F640an award of a sum of money] is enforceable if a court so orders, an application for such an order must be made in accordance with paragraphs (4) to (7) of this rule.

(4) An application for an order that an award may be enforced as if payable under a court order—

(a)may be made without notice; and

(b)must be made to the court for the district where the person against whom the award was made resides or carries on business, unless the court otherwise orders.

(5) The application notice must—

(a)be in the form; and

(b)contain the information

required by the relevant practice direction.

(6) A copy of the award must be filed with the application notice.

(7) The application may be dealt with by a court officer without a hearing.

[F641(8) If an enactment provides that an award or decision may be enforced in the same manner as an order of the High Court if it is registered, any application to the High Court for registration must be made in accordance with the relevant practice direction.]

Textual Amendments

Effect of setting aside judgment or orderE+W

70.6  If a judgment or order is set aside, any enforcement of the judgment or order shall cease to have effect unless the court otherwise orders.]

[F642PART 71E+WORDERS TO OBTAIN INFORMATION FROM JUDGMENT DEBTORS

Textual Amendments

Modifications etc. (not altering text)

C50Pt. 71 applied (with modifications) (1.10.2007) by The Court of Protection Rules 2007 (S.I. 2007/1744), rules 1, 184(a)

Contents of this Part

Scope of this PartRule 71.1
Order to attend courtRule 71.2
Service of orderRule 71.3
Travelling expensesRule 71.4
Judgment creditor’s affidavitRule 71.5
Conduct of the hearingRule 71.6
Adjournment of the hearingRule 71.7
Failure to comply with orderRule 71.8

Scope of this PartE+W

71.1  This Part contains rules which provide for a judgment debtor to be required to attend court to provide information, for the purpose of enabling a judgment creditor to enforce a judgment or order against him.

Order to attend courtE+W

71.2—(1) A judgment creditor may apply for an order requiring—

(a)a judgment debtor; or

(b)if a judgment debtor is a company or other corporation, an officer of that body,

to attend court to provide information about—

(i)the judgment debtor’s means; or

(ii)any other matter about which information is needed to enforce a judgment or order.

(2) An application under paragraph (1)—

(a)may be made without notice; and

(b)(i)must be issued in the court which made the judgment or order which it is sought to enforce, except that

(ii)if the proceedings have since been transferred to a different court, it must be issued in that court.

(3) The application notice must—

(a)be in the form; and

(b)contain the information

required by the relevant practice direction.

(4) An application under paragraph (1) may be dealt with by a court officer without a hearing.

(5) If the application notice complies with paragraph (3), an order to attend court will be issued in the terms of paragraph (6).

(6) A person served with an order issued under this rule must—

(a)attend court at the time and place specified in the order;

(b)when he does so, produce at court documents in his control which are described in the order; and

(c)answer on oath such questions as the court may require.

(7) An order under this rule will contain a notice in the following terms—

  • “You must obey this order. If you do not, you may be sent to prison for contempt of court.”.

Service of orderE+W

71.3—(1) An order to attend court must, unless the court otherwise orders, be served personally on the person ordered to attend court not less than 14 days before the hearing.

(2) If the order is to be served by the judgment creditor, he must inform the court not less than 7 days before the date of the hearing if he has been unable to serve it.

Travelling expensesE+W

71.4—(1) A person ordered to attend court may, within 7 days of being served with the order, ask the judgment creditor to pay him a sum reasonably sufficient to cover his travelling expenses to and from court.

(2) The judgment creditor must pay such a sum if requested.

Judgment creditor’s affidavitE+W

71.5—(1) The judgment creditor must file an affidavit(GL) or affidavits—

(a)by the person who served the order (unless it was served by the court) giving details of how and when it was served;

(b)stating either that—

(i)the person ordered to attend court has not requested payment of his travelling expenses; or

(ii)the judgment creditor has paid a sum in accordance with such a request; and

(c)stating how much of the judgment debt remains unpaid.

(2) The judgment creditor must either—

(a)file the affidavit(GL) or affidavits not less than 2 days before the hearing; or

(b)produce it or them at the hearing.

Conduct of the hearingE+W

71.6—(1) The person ordered to attend court will be questioned on oath.

(2) The questioning will be carried out by a court officer unless the court has ordered that the hearing shall be before a judge.

(3) The judgment creditor or his representative—

(a)may attend and ask questions where the questioning takes place before a court officer; and

(b)must attend and conduct the questioning if the hearing is before a judge.

Adjournment of the hearingE+W

71.7  If the hearing is adjourned, the court will give directions as to the manner in which notice of the new hearing is to be served on the judgment debtor.

Failure to comply with orderE+W

71.8—(1) If a person against whom an order has been made under rule 71.2—

(a)fails to attend court;

(b)refuses at the hearing to take the oath or to answer any question; or

(c)otherwise fails to comply with the order,

the court will refer the matter to a High Court judge or circuit judge.

(2) That judge may, subject to paragraphs (3) and (4), make a committal order against the person.

(3) A committal order for failing to attend court may not be made unless the judgment creditor has complied with rules 71.4 and 71.5.

(4) If a committal order is made, the judge will direct that—

(a)the order shall be suspended provided that the person—

(i)attends court at a time and place specified in the order; and

(ii)complies with all the terms of that order and the original order; and

(b)if the person fails to [F643comply with any term on which the committal order is suspended], he shall be brought before a judge to consider whether the committal order should be discharged.]

Textual Amendments

[F644PART 72E+WTHIRD PARTY DEBT ORDERS

Textual Amendments

Modifications etc. (not altering text)

C51Pt. 72 applied (with modifications) (1.10.2007) by The Court of Protection Rules 2007 (S.I. 2007/1744), rules 1, 184(a)

Contents of this Part

Scope of this Part and interpretationRule 72.1
Third party debt orderRule 72.2
Application for third party debt orderRule 72.3
Interim third party debt orderRule 72.4
Service of interim orderRule 72.5
Obligations of third parties served with interim orderRule 72.6
Arrangements for debtors in hardshipRule 72.7
Further consideration of the applicationRule 72.8
Effect of final third party debt orderRule 72.9
Money in courtRule 72.10
CostsRule 72.11

Scope of this Part and interpretationE+W

72.1—(1) This Part contains rules which provide for a judgment creditor to obtain an order for the payment to him of money which a third party who is within the jurisdiction owes to the judgment debtor.

(2) In this Part, “bank or building society” includes any person carrying on a business [F645in the course of which he lawfully accepts deposits in the United Kingdom].

Textual Amendments

Third party debt orderE+W

72.2—(1) Upon the application of a judgment creditor, the court may make an order (a “final third party debt order”) requiring a third party to pay to the judgment creditor—

(a)the amount of any debt due or accruing due to the judgment debtor from the third party; or

(b)so much of that debt as is sufficient to satisfy the judgment debt and the judgment creditor’s costs of the application.

(2) The court will not make an order under paragraph 1 without first making an order (an “interim third party debt order”) as provided by rule 72.4(2).

(3) In deciding whether money standing to the credit of the judgment debtor in an account to which section 40 of the Supreme Court Act 1981 or section 108 of the County Courts Act 1984 relates may be made the subject of a third party debt order, any condition applying to the account that a receipt for money deposited in the account must be produced before any money is withdrawn will be disregarded.

(Section 40(3) of the Supreme Court Act 1981 and section 108(3) of the County Courts Act 1984 contain a list of other conditions applying to accounts that will also be disregarded.)

Application for third party debt orderE+W

72.3—(1) An application for a third party debt order—

(a)may be made without notice; and

(b)(i)must be issued in the court which made the judgment or order which it is sought to enforce; except that

(ii)if the proceedings have since been transferred to a different court, it must be issued in that court.

(2) The application notice must—

(a)(i)be in the form; and

(ii)contain the information

required by the relevant practice direction; and

(b)be verified by a statement of truth.

Interim third party debt orderE+W

72.4—(1) An application for a third party debt order will initially be dealt with by a judge without a hearing.

(2) The judge may make an interim third party debt order—

(a)fixing a hearing to consider whether to make a final third party debt order; and

(b)directing that until that hearing the third party must not make any payment which reduces the amount he owes the judgment debtor to less than the amount specified in the order.

(3) An interim third party debt order will specify the amount of money which the third party must retain, which will be the total of—

(a)the amount of money remaining due to the judgment creditor under the judgment or order; and

(b)an amount for the judgment creditor’s fixed costs of the application, as specified in the relevant practice direction.

(4) An interim third party debt order becomes binding on a third party when it is served on him.

(5) The date of the hearing to consider the application shall be not less than 28 days after the interim third party debt order is made.

Service of interim orderE+W

72.5—(1) Copies of an interim third party debt order, the application notice and any documents filed in support of it must be served—

(a)on the third party, not less than 21 days before the date fixed for the hearing; and

(b)on the judgment debtor not less than—

(i)7 days after a copy has been served on the third party; and

(ii)7 days before the date fixed for the hearing.

(2) If the judgment creditor serves the order, he must either—

(a)file a certificate of service not less than 2 days before the hearing; or

(b)produce a certificate of service at the hearing.

Obligations of third parties served with interim orderE+W

72.6—(1) A bank or building society served with an interim third party debt order must carry out a search to identify all accounts held with it by the judgment debtor.

(2) The bank or building society must disclose to the court and the creditor within 7 days of being served with the order, in respect of each account held by the judgment debtor—

(a)the number of the account;

(b)whether the account is in credit; and

(c)if the account is in credit—

(i)whether the balance of the account is sufficient to cover the amount specified in the order; F646...

(ii)the amount of the balance at the date it was served with the order, if it is less than the amount specified in the order [F647; and

(iii)whether the bank or building society asserts any right to the money in the account, whether pursuant to a right of set-off or otherwise, and if so giving details of the grounds for that assertion.]

(3) If—

(a)the judgment debtor does not hold an account with the bank or building society; or

(b)the bank or building society is unable to comply with the order for any other reason (for example, because it has more than one account holder whose details match the information contained in the order, and cannot identify which account the order applies to),

the bank or building society must inform the court and the judgment creditor of that fact within 7 days of being served with the order.

(4) Any third party other than a bank or building society served with an interim third party debt order must notify the court and the judgment creditor in writing within 7 days of being served with the order, if he claims—

(a)not to owe any money to the judgment debtor; or

(b)to owe less than the amount specified in the order.

Textual Amendments

F647Rule 72.6(2)(c)(iii) and word inserted (25.3.2002) by The Civil Procedure (Amendment No. 5) Rules 2001 (S.I. 2001/4015), rules 1(c), 33(b)

Arrangements for debtors in hardshipE+W

72.7—(1) If—

(a)a judgment debtor is an individual;

(b)he is prevented from withdrawing money from his account with a bank or building society as a result of an interim third party debt order; and

(c)he or his family is suffering hardship in meeting ordinary living expenses as a result,

the court may, on an application by the judgment debtor, make an order permitting the bank or building society to make a payment or payments out of the account (“a hardship payment order”).

(2) An application for a hardship payment order may be made—

(a)in High Court proceedings, at the Royal Courts of Justice or to any district registry; and

(b)in county court proceedings, to any county court.

(3) A judgment debtor may only apply to one court for a hardship payment order.

(4) An application notice seeking a hardship payment order must—

(a)include detailed evidence explaining why the judgment debtor needs a payment of the amount requested; and

(b)be verified by a statement of truth.

(5) Unless the court orders otherwise, the application notice—

(a)must be served on the judgment creditor at least 2 days before the hearing; but

(b)does not need to be served on the third party.

(6) A hardship payment order may—

(a)permit the third party to make one or more payments out of the account; and

(b)specify to whom the payments may be made.

Further consideration of the applicationE+W

72.8—(1) If the judgment debtor or the third party objects to the court making a final third party debt order, he must file and serve written evidence stating the grounds for his objections.

(2) If the judgment debtor or the third party knows or believes that a person other than the judgment debtor has any claim to the money specified in the interim order, he must file and serve written evidence stating his knowledge of that matter.

(3) If—

(a)the third party has given notice under rule 72.6 that he does not owe any money to the judgment debtor, or that the amount which he owes is less than the amount specified in the interim order; and

(b)the judgment creditor wishes to dispute this,

the judgment creditor must file and serve written evidence setting out the grounds on which he disputes the third party’s case.

(4) Written evidence under paragraphs (1), (2) or (3) must be filed and served on each other party as soon as possible, and in any event not less than 3 days before the hearing.

(5) If the court is notified that some person other than the judgment debtor may have a claim to the money specified in the interim order, it will serve on that person notice of the application and the hearing.

(6) At the hearing the court may—

(a)make a final third party debt order;

(b)discharge the interim third party debt order and dismiss the application;

(c)decide any issues in dispute between the parties, or between any of the parties and any other person who has a claim to the money specified in the interim order; or

(d)direct a trial of any such issues, and if necessary give directions.

Effect of final third party orderE+W

72.9—(1) A final third party debt order shall be enforceable as an order to pay money.

(2) If—

(a)the third party pays money to the judgment creditor in compliance with a third party debt order; or

(b)the order is enforced against him,

the third party shall, to the extent of the amount paid by him or realised by enforcement against him, be discharged from his debt to the judgment debtor.

(3) Paragraph (2) applies even if the third party debt order, or the original judgment or order against the judgment debtor, is later set aside.

Money in courtE+W

72.10—(1) If money is standing to the credit of the judgment debtor in court—

(a)the judgment creditor may not apply for a third party debt order in respect of that money; but

(b)he may apply for an order that the money in court, or so much of it as is sufficient to satisfy the judgment or order and the costs of the application, be paid to him.

(2) An application notice seeking an order under this rule must be served on—

(a)the judgment debtor; and

(b)the Accountant General at the Court Funds Office.

(3) If an application notice has been issued under this rule, the money in court must not be paid out until the application has been disposed of.

CostsE+W

72.11  If the judgment creditor is awarded costs on an application for an order under rule 72.2 or 72.10—

(a)he shall, unless the court otherwise directs, retain those costs out of the money recovered by him under the order; and

(b)the costs shall be deemed to be paid first out of the money he recovers, in priority to the judgment debt.]

[F648PART 73E+WCHARGING ORDERS, STOP ORDERS AND STOP NOTICES

Textual Amendments

Contents of this Part

Scope of this Part and interpretationRule 73.1
SECTION I—CHARGING ORDERS
Scope of this SectionRule 73.2
Application for charging orderRule 73.3
Interim charging orderRule 73.4
Service of interim orderRule 73.5
Effect of interim order in relation to securitiesRule 73.6
Effect of interim order in relation to funds in courtRule 73.7
Further consideration of the applicationRule 73.8
Discharge or variation of orderRule 73.9
Enforcement of charging order by saleRule 73.10
SECTION II—STOP ORDERS
InterpretationRule 73.11
Application for stop orderRule 73.12
Stop order relating to funds in courtRule 73.13
Stop order relating to securitiesRule 73.14
Discharge or variation of orderRule 73.15
SECTION III—STOP NOTICES
GeneralRule 73.16
Request for stop noticeRule 73.17
Effect of stop noticeRule 73.18
Amendment of stop noticeRule 73.19
Withdrawal of stop noticeRule 73.20
Discharge or variation of stop noticeRule 73.21

Scope of this Part and interpretationE+W

73.1—(1) This Part contains rules which provide for a judgment creditor to enforce a judgment by obtaining—

(a)a charging order (Section I);

(b)a stop order (Section II); or

(c)a stop notice (Section III),

over or against the judgment debtor’s interest in an asset.

(2) In this Part—

(a)“the 1979 Act” means the Charging Orders Act 1979;

(b)“the 1992 Regulations” means the Council Tax (Administration & Enforcement) Regulations 1992;

(c)“funds in court” includes securities held in court;

(d)“securities” means securities of any of the kinds specified in section 2(2)(b) of the 1979 Act.

SECTION 1—CHARGING ORDERSE+W

Scope of this SectionE+W

73.2  This Section applies to an application by a judgment creditor for a charging order under—

(a)section 1 of the 1979 Act; or

(b)regulation 50 of the 1992 Regulations.

Application for charging orderE+W

73.3—(1) An application for a charging order may be made without notice.

(2) An application for a charging order must be issued in the court which made the judgment or order which it is sought to enforce, unless—

(a)the proceedings have since been transferred to a different court, in which case the application must be issued in that court;

(b)the application is made under the 1992 Regulations, in which case it must be issued in the county court for the district in which the relevant dwelling (as defined in regulation 50(3)(b) of those Regulations) is situated;

(c)the application is for a charging order over an interest in a fund in court, in which case it must be issued in the court in which the claim relating to that fund is or was proceeding; or

(d)the application is to enforce a judgment or order of the High Court and it is required by section 1(2) of the 1979 Act to be made to a county court.

(3) Subject to paragraph (2), a judgment creditor may apply for a single charging order in respect of more than one judgment or order against the same debtor.

(4) The application notice must—

(a)(i)be in the form; and

(ii)contain the information,

required by the relevant practice direction; and

(b)be verified by a statement of truth.

Interim charging orderE+W

73.4—(1) An application for a charging order will initially be dealt with by a judge without a hearing.

(2) The judge may make an order (an “interim charging order”)—

(a)imposing a charge over the judgment debtor’s interest in the asset to which the application relates; and

(b)fixing a hearing to consider whether to make a final charging order as provided by rule 73.8(2)(a).

Service of interim orderE+W

73.5—(1) Copies of the interim charging order, the application notice and any documents filed in support of it must, not less than 21 days before the hearing, be served on the following persons—

(a)the judgment debtor;

(b)such other creditors as the court directs;

(c)if the order relates to an interest under a trust, on such of the trustees as the court directs;

(d)if the interest charged is in securities other than securities held in court, then—

(i)in the case of stock for which the Bank of England keeps the register, the Bank of England;

(ii)in the case of government stock to which (i) does not apply, the keeper of the register;

(iii)in the case of stock of any body incorporated within England and Wales, that body;

(iv)in the case of stock of any body incorporated outside England and Wales or of any state or territory outside the United Kingdom, which is registered in a register kept in England and Wales, the keeper of that register;

(v)in the case of units of any unit trust in respect of which a register of the unit holders is kept in England and Wales, the keeper of that register; and

(e)if the interest charged is in funds in court, the Accountant General at the Court Funds Office.

(2) If the judgment creditor serves the order, he must either—

(a)file a certificate of service not less than 2 days before the hearing; or

(b)produce a certificate of service at the hearing.

Effect of interim order in relation to securitiesE+W

73.6—(1) If a judgment debtor disposes of his interest in any securities, while they are subject to an interim charging order which has been served on him, that disposition shall not, so long as that order remains in force, be valid as against the judgment creditor.

(2) A person served under rule 73.5(1)(d) with an interim charging order relating to securities must not, unless the court gives permission—

(a)permit any transfer of any of the securities; or

(b)pay any dividend, interest or redemption payment relating to them.

(3) If a person acts in breach of paragraph (2), he will be liable to pay to the judgment creditor—

(a)the value of the securities transferred or the amount of the payment made (as the case may be); or

(b)if less, the amount necessary to satisfy the debt in relation to which the interim charging order was made.

Effect of interim order in relation to funds in courtE+W

73.7  If a judgment debtor disposes of his interest in funds in court while they are subject to an interim charging order which has been served on him and on the Accountant General in accordance with rule 73.5(1), that disposition shall not, so long as that order remains in force, be valid as against the judgment creditor.

Further consideration of the applicationE+W

73.8—(1) If any person objects to the court making a final charging order, he must—

(a)file; and

(b)serve on the applicant;

written evidence stating the grounds of his objections, not less than 7 days before the hearing.

(2) At the hearing the court may—

(a)make a final charging order confirming that the charge imposed by the interim charging order shall continue, with or without modification;

(b)discharge the interim charging order and dismiss the application;

(c)decide any issues in dispute between the parties, or between any of the parties and any other person who objects to the court making a final charging order; or

(d)direct a trial of any such issues, and if necessary give directions.

(3) If the court makes a final charging order which charges securities other than securities held in court, the order will include a stop notice unless the court otherwise orders.

(Section III of this Part contains provisions about stop notices.)

(4) Any order made at the hearing must be served on all the persons on whom the interim charging order was required to be served.

Discharge or variation of orderE+W

73.9—(1) Any application to discharge or vary a charging order must be made to the court which made the charging order.

(Section 3(5) of the 1979 Act and regulation 51(4) of the 1992 Regulations provide that the court may at any time, on the application of the debtor, or of any person interested in any property to which the order relates, or (where the 1992 Regulations apply) of the authority, make an order discharging or varying the charging order.)

(2) The court may direct that—

(a)any interested person should be joined as a party to such an application; or

(b)the application should be served on any such person.

(3) An order discharging or varying a charging order must be served on all the persons on whom the charging order was required to be served.

Enforcement of charging order by saleE+W

73.10—(1) Subject to the provisions of any enactment, the court may, upon a claim by a person who has obtained a charging order over an interest in property, order the sale of the property to enforce the charging order.

(2) A claim for an order for sale under this rule should be made to the court which made the charging order, unless that court does not have jurisdiction to make an order for sale.

(A claim under this rule is a proceeding for the enforcement of a charge, and section 23(c) of the County Courts Act 1984 provides the extent of the county court’s jurisdiction to hear and determine such proceedings.)

(3) The claimant must use the Part 8 procedure.

(4) A copy of the charging order must be filed with the claim form.

(5) The claimant’s written evidence must include the information required by the relevant practice direction.

SECTION II—STOP ORDERSE+W

InterpretationE+W

73.11  In this Section, “stop order” means an order of the High Court not to take, in relation to funds in court or securities specified in the order, any of the steps listed in section 5(5) of the 1979 Act.

Application for stop orderE+W

73.12—(1) The High Court may make—

(a)a stop order relating to funds in court, on the application of any person—

(i)who has a mortgage or charge on the interest of any person in the funds; or

(ii)to whom that interest has been assigned; or

(iii)who is a judgment creditor of the person entitled to that interest; or

(b)a stop order relating to securities other than securities held in court, on the application of any person claiming to be beneficially entitled to an interest in the securities.

(2) An application for a stop order must be made—

(a)by application notice in existing proceedings; or

(b)by Part 8 claim form if there are no existing proceedings in the High Court.

(3) The application notice or claim form must be served on—

(a)every person whose interest may be affected by the order applied for; and

(b)either—

(i)the Accountant General at the Court Funds Office, if the application relates to funds in court; or

(ii)the person specified in rule 73.5(1)(d), if the application relates to securities other than securities held in court.

Stop order relating to funds in courtE+W

73.13  A stop order relating to funds in court shall prohibit the transfer, sale, delivery out, payment or other dealing with—

(a)the funds or any part of them; or

(b)any income on the funds.

Stop order relating to securitiesE+W

73.14—(1) A stop order relating to securities other than securities held in court may prohibit all or any of the following steps—

(a)the registration of any transfer of the securities;

(b)the making of any payment by way of dividend, interest or otherwise in respect of the securities; and

(c)in the case of units of a unit trust, any acquisition of or other dealing with the units by any person or body exercising functions under the trust.

(2) The order shall specify—

(a)the securities to which it relates;

(b)the name in which the securities stand;

(c)the steps which may not be taken; and

(d)whether the prohibition applies to the securities only or to the dividends or interest as well.

Variation or discharge of orderE+W

73.15—(1) The court may, on the application of any person claiming to have a beneficial interest in the funds or securities to which a stop order relates, make an order discharging or varying the order.

(2) An application notice seeking the variation or discharge of a stop order must be served on the person who obtained the order.

SECTION III—STOP NOTICESE+W

GeneralE+W

73.16  In this Section—

(a)“stop notice” means a notice issued by the court which requires a person or body not to take, in relation to securities specified in the notice, any of the steps listed in section 5(5) of the 1979 Act, without first giving notice to the person who obtained the notice; and

(b)“securities” does not include securities held in court.

Request for stop noticeE+W

73.17—(1) The High Court may, on the request of any person claiming to be beneficially entitled to an interest in securities, issue a stop notice.

(A stop notice may also be included in a final charging order, by either the High Court or a county court, under rule 73.8(3).)

(2) A request for a stop notice must be made by filing—

(a)a draft stop notice; and

(b)written evidence which—

(i)identifies the securities in question;

(ii)describes the applicant’s interest in the securities; and

(iii)gives an address for service for the applicant.

(A sample form of stop notice is annexed to the relevant practice direction.)

(3) If a court officer considers that the request complies with paragraph (2), he will issue a stop notice.

(4) The applicant must serve copies of the stop notice and his written evidence on the person to whom the stop notice is addressed.

Effect of stop noticeE+W

73.18—(1) A stop notice—

(a)takes effect when it is served in accordance with rule 73.17(4); and

(b)remains in force unless it is withdrawn or discharged in accordance with rule 73.20 or 73.21.

(2) While a stop notice is in force, the person on whom it is served—

(a)must not—

(i)register a transfer of the securities described in the notice; or

(ii)take any other step restrained by the notice,

without first giving 14 days' notice to the person who obtained the stop notice; but

(b)must not, by reason only of the notice, refuse to register a transfer or to take any other step, after he has given 14 days' notice under paragraph (2)(a) and that period has expired.

Amendment of stop noticeE+W

73.19—(1) If any securities are incorrectly described in a stop notice which has been obtained and served in accordance with rule 73.17, the applicant may request an amended stop notice in accordance with that rule.

(2) The amended stop notice takes effect when it is served.

Withdrawal of stop noticeE+W

73.20—(1) A person who has obtained a stop notice may withdraw it by serving a request for its withdrawal on—

(a)the person or body on whom the stop notice was served; and

(b)the court which issued the stop notice.

(2) The request must be signed by the person who obtained the stop notice, and his signature must be witnessed by a practising solicitor.

Discharge or variation of stop noticeE+W

73.21—(1) The court may, on the application of any person claiming to be beneficially entitled to an interest in the securities to which a stop notice relates, make an order discharging or varying the notice.

(2) An application to discharge or vary a stop notice must be made to the court which issued the notice.

(3) The application notice must be served on the person who obtained the stop notice.

[F64973.22  The practice direction supplementing this Part makes provision for the procedure to be followed when applying for an order under section 23 of the Partnership Act 1890.]]E+W

Textual Amendments

[F650PART 74E+WENFORCEMENT OF JUDGMENTS IN DIFFERENT JURISDICTIONS

Textual Amendments

Contents of this part

Scope of this Part and interpretationRule 74. 1

I

ENFORCEMENT IN ENGLAND AND WALES OF JUDGMENTS OF FOREIGN COURTS

InterpretationRule 74.2
Applications for registrationRule 74.3
Evidence in supportRule 74.4
Security for costsRule 74.5
Registration ordersRule 74.6
Applications to set aside registrationRule 74.7
AppealsRule 74.8
EnforcementRule 74.9
RecognitionRule 74.10
Authentic instruments and court settlementsRule 74.11

II

ENFORCEMENT IN FOREIGN COUNTRIES OF JUDGMENTS OF THE HIGH COURT AND COUNTY COURTS

Application for a certified copy of a judgmentRule 74.12
Evidence in supportRule 74.13

III

ENFORCEMENT OF UNITED KINGDOM JUDGMENTS IN OTHER PARTS OF THE UNITED KINGDOM

InterpretationRule 74.14
Registration of money judgments in the High CourtRule 74.15
Registration of non-money judgments in the High CourtRule 74.16
Certificates of High Court and county court money judgmentsRule 74.17
Certified copies of High Court and county court non-money judgmentsRule 74.18

IV

ENFORCEMENT IN ENGLAND AND WALES OF EUROPEAN COMMUNITY JUDGMENTS

InterpretationRule 74.19
Application for registration of a Community judgmentRule 74.20
Evidence in supportRule 74.21
Registration ordersRule 74.22
Application to vary or cancel registrationRule 74.23
EnforcementRule 74.24
Application for registration of suspension orderRule 74.25
Registration and enforcement of a Euratom inspection orderRule 74.26

Scope of this Part and interpretationE+W

74.1—(1) Section I of this Part applies to the enforcement in England and Wales of judgments of foreign courts.

(2) Section II applies to the enforcement in foreign countries of judgments of the High Court and of county courts.

(3) Section III applies to the enforcement of United Kingdom judgments in other parts of the United Kingdom.

(4) Section IV applies to the enforcement in England and Wales of European Community judgments and Euratom inspection orders.

[F651(4A) Section V applies to—

(a)the certification of judgments and court settlements in England and Wales as European Enforcement Orders; and

(b)the enforcement in England and Wales of judgments, court settlements and authentic instruments certified as European Enforcement Orders by other Member States.]

(5) In this Part—

(a)“the 1920 Act” means the Administration of Justice Act 1920(16);

(b)“the 1933 Act” means the Foreign Judgments (Reciprocal Enforcement) Act 1933(17);

(c)“the 1982 Act” means the Civil Jurisdiction and Judgments Act 1982(18);

(d)“the Judgments Regulation” means Council Regulation (EC) No. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters [F652, as amended from time to time and as applied by the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters].

[F653(e)“the EEO Regulation” means Council Regulation (EC) No 805/2004 creating a European Enforcement Order for uncontested claims.]

[F654(A copy of the EEO Regulation is annexed to Practice Direction 74B European Enforcement Orders and can be found at http://europa.eu.int/eur-lex/pri/en/oj/dat/2004/l_143/l_14320040430en00150039.pdf)]

Textual Amendments

I: ENFORCEMENT IN ENGLAND AND WALES OF JUDGMENTS OF FOREIGN COURTSE+W

InterpretationE+W

74.2—(1) In this Section—

(a)“Contracting State” has the meaning given in section 1(3) of the 1982 Act;

[F655(b)“Regulation State” means a Member State;]

(c)“judgment” means, subject to any other enactment, any judgment given by a foreign court or tribunal, whatever the judgment may be called, and includes—

(i)a decree;

(ii)an order;

(iii)a decision;

(iv)a writ of execution; and

(v)the determination of costs by an officer of the court;

(d)“State of origin”, in relation to any judgment, means the State in which that judgment was given.

(2) For the purposes of this Section, “domicile” is to be determined—

(a)in an application under the 1982 Act, in accordance with sections 41 to 46 that Act;

(b)in an application under the Judgments Regulation, in accordance with paragraphs 9 to 12 of Schedule 1 to the Civil Jurisdiction and Judgments Order 2001(19).

Textual Amendments

Applications for registrationE+W

74.3—(1) This Section provides rules about applications under—

(a)section 9 of the 1920 Act, in respect of judgments to which Part II of that Act applies;

(b)section 2 of the 1933 Act, in respect of judgments to which Part I of that Act applies;

(c)section 4 of the 1982 Act; and

(d)the Judgments Regulation,

for the registration of foreign judgments for enforcement in England and Wales.

(2) Applications—

(a)must be made to the High Court; and

(b)may be made without notice.

Evidence in supportE+W

74.4—(1) An application for registration of a judgment under the 1920, 1933 or 1982 Act must be supported by written evidence exhibiting—

(a)the judgment or a verified or certified or otherwise authenticated copy of it; and

(b)where the judgment is not in English, a translation of it into English—

(i)certified by a notary public or other qualified person; or

(ii)accompanied by written evidence confirming that the translation is accurate.

(2) The written evidence in support of the application must state—

(a)the name of the judgment creditor and his address for service within the jurisdiction;

(b)the name of the judgment debtor and his address or place of business, if known;

(c)the grounds on which the judgment creditor is entitled to enforce the judgment;

(d)in the case of a money judgment, the amount in respect of which it remains unsatisfied; and

(e)where interest is recoverable on the judgment under the law of the State of origin—

(i)the amount of interest which has accrued up to the date of the application, or

(ii)the rate of interest, the date from which it is recoverable, and the date on which it ceases to accrue.

(3) Written evidence in support of an application under the 1920 Act must also state that the judgment is not a judgment—

(a)which under section 9 of that Act may not be ordered to be registered; or

(b)to which section 5 of the Protection of Trading Interests Act 1980(20) applies.

(4) Written evidence in support of an application under the 1933 Act must also—

(a)state that the judgment is a money judgment;

(b)confirm that it can be enforced by execution in the State of origin;

(c)confirm that the registration could not be set aside under section 4 of that Act;

(d)confirm that the judgment is not a judgment to which section 5 of the Protection of Trading Interests Act 1980 applies;

(e)where the judgment contains different provisions, some but not all of which can be registered for enforcement, set out those provisions in respect of which it is sought to register the judgment; and

(f)be accompanied by any further evidence as to—

(i)the enforceability of the judgment in the State of origin, and

(ii)the law of that State under which any interest has become due under the judgment,

which may be required under the relevant Order in Council extending Part I of the 1933 Act to that State.

(5) Written evidence in support of an application under the 1982 Act must also exhibit—

(a)documents which show that, under the law of the State of origin, the judgment is enforceable on the judgment debtor and has been served;

(b)in the case of a judgment in default, a document which establishes that the party in default was served with the document instituting the proceedings or with an equivalent document; and

(c)where appropriate, a document showing that the judgment creditor is in receipt of legal aid in the State of origin.

(6) An application for registration under the Judgments Regulation must, in addition to the evidence required by that Regulation, be supported by the evidence required by paragraphs (1)(b) and (2)(e) of this rule.

Security for costsE+W

74.5—(1) Subject to paragraphs (2) and (3), section II of Part 25 applies to an application for security for the costs of—

(a)the application for registration;

(b)any proceedings brought to set aside the registration; and

(c)any appeal against the granting of the registration,

as if the judgment creditor were a claimant.

(2) A judgment creditor making an application under the 1982 Act or the Judgments Regulation may not be required to give security solely on the ground that he is resident out of the jurisdiction.

(3) Paragraph (1) does not apply to an application under the 1933 Act where the relevant Order in Council otherwise provides.

Registration ordersE+W

74.6—(1) An order granting permission to register a judgment (“registration order”) must be drawn up by the judgment creditor and served on the judgment debtor—

(a)by delivering it to him personally;

(b)as provided by section 725 of the Companies Act 1985(21); or

(c)in such other manner as the court may direct.

(2) Permission is not required to serve a registration order out of the jurisdiction, and rules 6.24, 6.25, 6.26 and 6.29 apply to such an order as they apply to a claim form.

(3) A registration order must state—

(a)full particulars of the judgment registered;

(b)the name of the judgment creditor and his address for service within the jurisdiction;

(c)the right of the judgment debtor—

(i)in the case of registration following an application under the 1920 or the 1933 Act, to apply to have the registration set aside;

(ii)in the case of registration following an application under the 1982 Act or under the Judgments Regulation, to appeal against the registration order;

(d)the period within which such an application or appeal may be made; and

(e)that no measures of enforcement will be taken before the end of that period, other than measures ordered by the court to preserve the property of the judgment debtor.

Applications to set aside registrationE+W

74.7—(1) An application to set aside registration under the 1920 or the 1933 Act must be made within the period set out in the registration order.

(2) The court may extend that period; but an application for such an extension must be made before the end of the period as originally fixed or as subsequently extended.

(3) The court hearing the application may order any issue between the judgment creditor and the judgment debtor to be tried.

AppealsE+W

74.8—(1) An appeal against the granting or the refusal of registration under the 1982 Act or the Judgments Regulation must be made in accordance with Part 52, subject to the following provisions of this rule.

(2) Permission is not required—

(a)to appeal; or

(b)to put in evidence.

(3) If—

(a)the judgment debtor is not domiciled within a Contracting State or a Regulation State, as the case may be, and

(b)an application to extend the time for appealing is made within two months of service of the registration order,

the court may extend the period for filing an appellant’s notice against the order granting registration, but not on grounds of distance.

(4) The appellant’s notice must be served—

(a)where the appeal is against the granting of registration, within—

(i)one month; or

(ii)where service is to be effected on a party not domiciled within the jurisdiction, two months, of service of the registration order;

(b)where the appeal is against the refusal of registration, within one month of the decision on the application for registration.

EnforcementE+W

74.9—(1) No steps may be taken to enforce a judgment—

(a)before the end of the period specified in accordance with rule 74.6(3)(d), or that period as extended by the court; or

(b)where there is an application under rule 74.7 or an appeal under rule 74.8, until the application or appeal has been determined.

(2) Any party wishing to enforce a judgment must file evidence of the service on the judgment debtor of—

(a)the registration order; and

(b)any other relevant order of the court.

(3) Nothing in this rule prevents the court from making orders to preserve the property of the judgment debtor pending final determination of any issue relating to the enforcement of the judgment.

RecognitionE+W

74.10—(1) Registration of a judgment serves as a decision that the judgment is recognised for the purposes of the 1982 Act and the Judgments Regulation.

(2) An application for recognition of a judgment is governed by the same rules as an application for registration of a judgment under the 1982 Act or under the Judgments Regulation, except that rule 74.4(5)(a) and (c) does not apply.

Authentic instruments and court settlementsE+W

74.11  The rules governing the registration of judgments under the 1982 Act or under the Judgments Regulation apply as appropriate and with any necessary modifications for the enforcement of—

(a)authentic instruments which are subject to—

(i)article 50 of Schedule 1 to the 1982 Act;

(ii)article 50 of Schedule 3C to the 1982 Act; and

(iii)article 57 of the Judgments Regulation; and

(b)court settlements which are subject to—

(i)article 51 of Schedule 1 to the 1982 Act;

(ii)article 51 of Schedule 3C to the 1982 Act; and

(iii)article 58 of the Judgments Regulation.

II: ENFORCEMENT IN FOREIGN COUNTRIES OF JUDGMENTS OF THE HIGH COURT AND COUNTY COURTSE+W

Application for a certified copy of a judgmentE+W

74.12—(1) This Section applies to applications—

(a)to the High Court under section 10 of the 1920 Act;

(b)to the High Court or to a county court under section 10 of the 1933 Act;

(c)to the High Court or to a county court under section 12 of the 1982 Act; or

(d)to the High Court or to a county court under article 54 of the Judgments Regulation.

(2) A judgment creditor who wishes to enforce in a foreign country a judgment obtained in the High Court or in a county court must apply for a certified copy of the judgment.

(3) The application may be made without notice.

Evidence in supportE+W

74.13—(1) The application must be supported by written evidence exhibiting copies of—

(a)the claim form in the proceedings in which judgment was given;

(b)evidence that it was served on the defendant;

(c)the statements of case; and

(d)where relevant, a document showing that for those proceedings the applicant was an assisted person or an LSC funded client, as defined in rule 43.2(1)(h) and (i).

(2) The written evidence must—

(a)identify the grounds on which the judgment was obtained;

(b)state whether the defendant objected to the jurisdiction and, if he did, the grounds of his objection;

(c)show that the judgment—

(i)has been served in accordance with Part 6 and rule 40.4, and

(ii)is not subject to a stay of execution;

(d)state—

(i)the date on which the time for appealing expired or will expire;

(ii)whether an appeal notice has been filed;

(iii)the status of any application for permission to appeal; and

(iv)whether an appeal is pending;

(e)state whether the judgment provides for the payment of a sum of money, and if so, the amount in respect of which it remains unsatisfied;

(f)state whether interest is recoverable on the judgment, and if so, either—

(i)the amount of interest which has accrued up to the date of the application, or

(ii)the rate of interest, the date from which it is recoverable, and the date on which it ceases to accrue.

III: ENFORCEMENT OF UNITED KINGDOM JUDGMENTS IN OTHER PARTS OF THE UNITED KINGDOME+W

InterpretationE+W

74.14  In this Section—

(a)“money provision” means a provision for the payment of one or more sums of money in a judgment whose enforcement is governed by section 18 of, and Schedule 6 to, the 1982 Act; and

(b)“non-money provision” means a provision for any relief or remedy not requiring payment of a sum of money in a judgment whose enforcement is governed by section 18 of, and Schedule 7 to, the 1982 Act.

Registration of money judgments in the High CourtE+W

74.15—(1) This rule applies to applications to the High Court under paragraph 5 of Schedule 6 to the 1982 Act for the registration of a certificate for the enforcement of the money provisions of a judgment—

(a)which has been given by a court in another part of the United Kingdom, and

(b)to which section 18 of that Act applies.

(2) The certificate must within six months of the date of its issue be filed in the Central Office of the Supreme Court, together with a copy certified by written evidence to be a true copy.

Registration of non-money judgments in the High CourtE+W

74.16—(1) This rule applies to applications to the High Court under paragraph 5 of Schedule 7 to the 1982 Act for the registration for enforcement of the non-money provisions of a judgment—

(a)which has been given by a court in another part of the United Kingdom, and

(b)to which section 18 of that Act applies.

(2) An application under paragraph (1) may be made without notice.

(3) An application under paragraph (1) must be accompanied—

(a)by a certified copy of the judgment issued under Schedule 7 to the 1982 Act; and

(b)by a certificate, issued not more than six months before the date of the application, stating that the conditions set out in paragraph 3 of Schedule 7 are satisfied in relation to the judgment.

(4) Rule 74.6 applies to judgments registered under Schedule 7 to the 1982 Act as it applies to judgments registered under section 4 of that Act.

(5) Rule 74.7 applies to applications to set aside the registration of a judgment under paragraph 9 of Schedule 7 to the 1982 Act as it applies to applications to set aside registrations under the 1920 and 1933 Acts.

Certificates of High Court and county court money judgmentsE+W

74.17—(1) This rule applies to applications under paragraph 2 of Schedule 6 to the 1982 Act for a certificate to enable the money provisions of a judgment of the High Court or of a county court to be enforced in another part of the United Kingdom.

(2) The judgment creditor may apply for a certificate by filing at the court where the judgment was given or has been entered written evidence stating—

(a)the name and address of the judgment creditor and, if known, of the judgment debtor;

(b)the sums payable and unsatisfied under the money provisions of the judgment;

(c)where interest is recoverable on the judgment, either—

(i)the amount of interest which has accrued up to the date of the application, or

(ii)the rate of interest, the date from which it is recoverable, and the date on which it ceases to accrue;

(d)that the judgment is not stayed;

(e)the date on which the time for appealing expired or will expire;

(f)whether an appeal notice has been filed;

(g)the status of any application for permission to appeal; and

(h)whether an appeal is pending.

Certified copies of High Court and county court non-money judgmentsE+W

74.18—(1) This rule applies to applications under paragraph 2 of Schedule 7 to the 1982 Act for a certified copy of a judgment of the High Court or of a county court to which section 18 of the Act applies and which contains non-money provisions for enforcement in another part of the United Kingdom.

(2) An application under paragraph (1) may be made without notice.

(3) The applicant may apply for a certified copy of a judgment by filing at the court where the judgment was given or has been entered written evidence stating—

(a)full particulars of the judgment;

(b)the name and address of the judgment creditor and, if known, of the judgment debtor;

(c)that the judgment is not stayed;

(d)the date on which the time for appealing expired or will expire;

(e)whether an appeal notice has been filed;

(f)the status of any application for permission to appeal; and

(g)whether an appeal is pending.

IV: ENFORCEMENT IN ENGLAND AND WALES OF EUROPEAN COMMUNITY JUDGMENTSE+W

InterpretationE+W

74.19  In this Section—

(a)“Community judgment” means any judgment, decision or order which is enforceable under—

(i)article 244 or 256 of the Treaty establishing the European Community;

(ii)article 18, 159 or 164 of the Euratom Treaty;

(iii)article 44 or 92 of the ECSC Treaty; F656...

(iv)article 82 of Council Regulation (EC) 40/94 of 20 December 1993 on the Community trade mark; [F657or

(v)article 71 of Council Regulation (EC) 6/2002 of 12 December 2001 on Community designs;]

(b)“Euratom inspection order” means an order made by the President of the European Court, or a decision of the Commission of the European Communities, under article 81 of the Euratom Treaty;

(c)“European Court” means the Court of Justice of the European Communities;

(d)“order for enforcement” means an order under the authority of the Secretary of State that the Community judgment to which it is appended is to be registered for enforcement in the United Kingdom.

Textual Amendments

Application for registration of a Community judgmentE+W

74.20  An application to the High Court for the registration of a Community judgment may be made without notice.

Evidence in supportE+W

74.21—(1) An application for registration must be supported by written evidence exhibiting—

(a)the Community judgment and the order for its enforcement, or an authenticated copy; and

(b)where the judgment is not in English, a translation of it into English—

(i)certified by a notary public or other qualified person; or

(ii)accompanied by written evidence confirming that the translation is accurate.

(2) Where the application is for registration of a Community judgment which is a money judgment, the evidence must state—

(a)the name of the judgment creditor and his address for service within the jurisdiction;

(b)the name of the judgment debtor and his address or place of business, if known;

(c)the amount in respect of which the judgment is unsatisfied; and

(d)that the European Court has not suspended enforcement of the judgment.

Registration ordersE+W

74.22—(1) A copy of the order granting permission to register a Community judgment (“the registration order”) must be served on every person against whom the judgment was given.

(2) The registration order must state the name and address for service of the person who applied for registration, and must exhibit—

(a)a copy of the registered Community judgment; and

(b)a copy of the order for its enforcement.

(3) In the case of a Community judgment which is a money judgment, the registration order must also state the right of the judgment debtor to apply within 28 days for the variation or cancellation of the registration under rule 74.23.

Application to vary or cancel registrationE+W

74.23—(1) An application to vary or cancel the registration of a Community judgment which is a money judgment on the ground that at the date of registration the judgment had been partly or wholly satisfied must be made within 28 days of the date on which the registration order was served on the judgment debtor.

(2) The application must be supported by written evidence.

EnforcementE+W

74.24  No steps may be taken to enforce a Community judgment which is a money judgment—

(a)before the end of the period specified in accordance with rule 74.23(1); or

(b)where an application is made under that rule, until it has been determined.

Application for registration of suspension orderE+W

74.25—(1) Where the European Court has made an order that the enforcement of a registered Community judgment should be suspended, an application for the registration of that order in the High Court is made by filing a copy of the order in the Central Office of the Supreme Court.

(2) The application may be made without notice.

Registration and enforcement of a Euratom inspection orderE+W

74.26—(1) Rules 74.20, 74.21(1), and 74.22(1) and (2), which apply to the registration of a Community judgment, also apply to the registration of a Euratom inspection order but with the necessary modifications.

(2) An application under article 6 of the European Communities (Enforcement of Community Judgments) Order 1972(22) to give effect to a Euratom inspection order may be made on written evidence, and—

(a)where the matter is urgent, without notice;

(b)otherwise, by claim form.]

[F658V EUROPEAN ENFORCEMENT ORDERSE+W

Textual Amendments

InterpretationE+W

74.27  In this Section—

(a)“European Enforcement Order” has the meaning given in the EEO Regulation;

(b)“EEO” means European Enforcement Order;

(c)“judgment”, “authentic instrument”, “member state of origin”, “member state of enforcement”, and “court of origin” have the meanings given by Article 4 of the EEO Regulation; and

(d)“Regulation State” has the same meaning as “Member State” in the EEO Regulation, that is all Member States except Denmark.

Certification of Judgments of the Courts of England and WalesE+W

74.28  An application for an EEO certificate must be made by filing the relevant practice form in accordance with Article 6 of the EEO Regulation.

Applications for a certificate of lack or limitation of enforceabilityE+W

74.29  An application under Article 6(2) of the EEO Regulation for a certificate indicating the lack or limitation of enforceability of an EEO certificate must be made to the court of origin by application in accordance with Part 23.

Applications for rectification or withdrawalE+W

74.30  An application under Article 10 of the EEO Regulation for rectification or withdrawal of an EEO certificate must be made to the court of origin and may be made by application in accordance with Part 23.

Enforcement of European Enforcement Orders in England and WalesE+W

74.31—(1) A person seeking to enforce an EEO in England and Wales must lodge at the court in which enforcement proceedings are to be brought the documents required by Article 20 of the EEO Regulation.

(2) Where a person applies—

(a)to the High Court for a charging order, a writ of fieri facias or an attachment of earnings order; or

(b)to the county court for a warrant of execution or an attachment of earnings order,

to enforce an EEO expressed in a foreign currency, the application must contain a certificate of the sterling equivalent of the judgment sum at the close of business on the date nearest preceding the date of issue of the application.

(Section 1 of the Charging Orders Act 1979 provides that the High Court only has jurisdiction to make a charging order where the amount of the original judgment exceeds the county court limit.)

  • (Article 8 of the High Court and County Courts Jurisdiction Order 1991 provides that (1) judgments in excess of £5,000 shall only be enforced by execution against goods in the High Court (2) those in excess of £600 may be enforced in the High Court and (3) those for less than £600 shall only be enforced in the county court.).

Refusal of EnforcementE+W

74.32—(1) An application under Article 21 of the EEO Regulation that the court should refuse to enforce an EEO must be made by application in accordance with Part 23 to the court in which the EEO is being enforced.

(2) The judgment debtor must, as soon as practicable, serve copies of any order made under Article 21(1) on—

(a)all other parties to the proceedings and any other person affected by the order; and

(b)any court in which enforcement proceedings are pending in England and Wales.

(3) Upon service of the order on those persons all enforcement proceedings in England and Wales under the EEO, in respect of those persons upon whom, and those courts at which, the order has been served in accordance with paragraph (2), will cease.

Stay or limitation of enforcementE+W

74.33—(1) Where an EEO certificate has been lodged and the judgment debtor applies to stay or limit the enforcement proceedings under Article 23 of the EEO Regulation, such application must be made by application in accordance with Part 23 to the court in which the EEO is being enforced.

(2) The judgment debtor shall, as soon as practicable, serve a copy of any order made under the Article on—

(a)all other parties to the proceedings and any other person affected by the order; and

(b)any court in which enforcement proceedings are pending in England and Wales;

and the order will not have effect on any person until it has been served in accordance with this rule and they have received it.]

[F659PART 75E+WTRAFFIC ENFORCEMENT

Textual Amendments

Contents of this Part

Scope and interpretationRule 75.1
The CentreRule 75.2
RequestRule 75.3
Electronic delivery of documentsRule 75.4
Functions of court officerRule 75.5
Enforcement of ordersRule 75.6
Warrant of executionRule 75.7
Revocation of orderRule 75.8
Transfer for enforcementRule 75.9
Further information requiredRule 75.10
Combining requestsRule 75.11

Scope and interpretationE+W

75.1—(1) The practice direction [F660supplementing this Part]—

(a)sets out the proceedings to which this Part applies; and

(b)may apply this Part with modifications in relation to any particular category of those proceedings.

[F661(Rule 21.1(1)(c) provides that Part 21 (children and protected parties) does not apply to proceedings under this Part where one of the parties is a child.)]

(2) In this Part—

(a)“the Centre” means the Traffic Enforcement Centre established under the direction of the Lord Chancellor;

(b)“no relevant return to the warrant” means that—

(i)the bailiff has been unable to seize goods because [F662the bailiff] has been denied access to premises occupied by the defendant or because the goods have been removed from those premises;

(ii)any goods seized under a warrant of execution are insufficient to satisfy the debt and the cost of execution; or

(iii)the goods are insufficient to cover the cost of their removal and sale[F663;]

(c)“the 1993 Order” means the Enforcement of Road Traffic Debts Order 1993;

(d)“relevant period”, in relation to any particular case, means—

(i)the period allowed for serving a statutory declaration [F664or witness statement] under any enactment which applies to that case; or

(ii)where an enactment permits the court to extend that period, the period as extended;

(e)“specified debts” means the debts specified in article 2 of the 1993 Order or treated as so specified by any other enactment; and

(f)“the authority”, “notice of the amount due”, “order” and “the respondent” have the meaning given by the practice direction [F665supplementing this Part].

Textual Amendments

F663Rule 75.1(2)(b)(iii): semicolon substituted for full stop (31.3.2008) by The Civil Procedure (Amendment No.2) Rules 2007 (S.I. 2007/3543), rules 1(a), 9(a)(iv)

The CentreE+W

75.2—(1) Proceedings to which this Part applies must be started in the Centre.

(2) For any purpose connected with the exercise of the Centre’s functions—

(a)the Centre [F666is] deemed to be part of the office of the court whose name appears on the documents to which the functions relates or in whose name the documents are issued; and

(b)any officer of the Centre, in exercising its functions, is deemed to act as an officer of that court.

Textual Amendments

RequestE+W

75.3—(1) The authority must file a request in the appropriate form scheduling the amount claimed to be due.

(2) The authority must, in that request or in another manner approved by the court officer—

(a)certify—

(i)that 14 days have elapsed since service of the notice of the amount due;

(ii)the date of such service;

(iii)the number of the notice of the amount due; and

(iv)that the amount due remains unpaid;

(b)specify the grounds (whether by reference to the appropriate code or otherwise), as stated in the notice, on which the authority claims to be entitled to claim that amount; and

(c)state—

(i)the name, title and address of the respondent;

(ii)the registration number of the vehicle concerned;

(iii)the authority’s address for service;

(iv)the court fee; and

(v)such other matters as required by the practice direction [F667supplementing this Part].

(3) On receipt of a request that meets the requirements of paragraphs (1) and (2), the court officer will order that the amount due may be recovered as if it were payable under a county court order by [F668registering] the request and returning it to the authority.

[F669(4) On receipt of a registered request the authority may draw up the order and must—

(a)insert in the order the date by which the respondent must either—

(i)comply with the order; or

(ii)file a statutory declaration or witness statement; and

(b)attach to the order a form of statutory declaration or witness statement for the respondent’s use.]

[F670(5) The authority must serve in accordance with Part 6 the order (and the form of statutory declaration or witness statement) on the respondent within 15 days of the date on which the request is registered by the court.]

F671(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Electronic delivery of documentsE+W

75.4—(1) Where the authority is required to file any document other than the request, that requirement is satisfied if the information which would be contained in the document is delivered in computer-readable form.

(2) For the purposes of paragraph (1), information which would be contained in a document relating to one case may be combined with information of the same nature relating to another case.

(3) Where a document is required to be produced, that requirement will be satisfied if a copy of the document is produced from computer records.

Functions of court officerE+W

75.5—(1) The practice direction [F672supplementing this Part] sets out circumstances in which a court officer may exercise the functions of the court or a district judge.

(2) Any party may request any decision of a court officer to be reviewed by a district judge.

(3) Such a request must be made within 14 days of service of the decision.

Textual Amendments

Enforcement of ordersE+W

75.6  Subject to the 1993 Order and this rule the following rules apply to the enforcement of specified debts—

(a)Parts 70 to 73;

(b)CCR Order 25, [F673rule 1];

(c)CCR Order 26, rule 5; and

(d)CCR Order 27, rules 1 to 7, 7A, 7B, 9 to 16 and 18 to 22.

  • (Rule 30.2 provides for the transfer between courts in order to enforce a judgment.)

Textual Amendments

Warrant of executionE+W

75.7—(1) An authority seeking the issue of a warrant of execution must file a request—

(a)certifying the amount remaining due under the order;

(b)specifying the date of service of the order on the respondent; and

(c)certifying that the relevant period has elapsed.

(2) The court will seal the request and return it to the authority.

(3) Within 7 days of the sealing of the request the authority must prepare the warrant in the appropriate form.

(4) No payment under a warrant will be made to the court.

(5) For the purposes of execution a warrant will be valid for 12 months beginning with the date of its issue.

(6) An authority may not renew a warrant issued in accordance with this Part.

Revocation of orderE+W

75.8  Where, in accordance with any enactment, an order is deemed to have been revoked following the filing of a statutory declaration [F674or a witness statement]—

(a)the court will serve a copy of the statutory declaration [F675or witness statement] on the authority;

(b)any execution issued on the order will cease to have effect; and

(c)if appropriate, the authority must inform any bailiff instructed to levy execution of the withdrawal of the warrant as soon as possible.

Textual Amendments

Transfer for enforcementE+W

75.9  [F676Where the] authority requests the transfer of proceedings to another county court for enforcement, the request must—

(a)where the authority has not attempted to enforce by execution, give the reason why no such attempt was made;

(b)certify that there has been no relevant return to the warrant of execution;

(c)specify the date of service of the order on the respondent; and

(d)certify that the relevant period has elapsed.

Textual Amendments

Further information requiredE+W

75.10  An application for—

(a)an attachment of earnings order;

(b)an order to obtain information from a debtor;

(c)a third party debt order; or

(d)a charging order,

must, in addition to the requirements of Parts 71, 72 or 73 or CCR Order 27—

(i)where the authority has not attempted to enforce by execution, give the [F677reason why] no such attempt was made;

(ii)certify that there has been no relevant return to the warrant of execution;

(iii)specify the date of service of the order on the respondent; and

(iv)certify that the relevant period has elapsed.

Textual Amendments

Combining requestsE+W

75.11  [F678Where] the court officer allows, [F679the] authority may combine information relating to different orders against the same [F680respondent] in any request or application made under rules 75.9 or 75.10.]

Textual Amendments

[F681PART 76E+WPROCEEDINGS UNDER THE PREVENTION OF TERRORISM ACT 2005

Textual Amendments

Contents of this Part

1 APPLICATION OF THIS PART
Scope and interpretation76.1
Modification to the overriding objective76.2
2 APPLICATIONS TO THE HIGH COURT RELATING TO DEROGATING CONTROL ORDERS
Scope of this section76.3
Applications for the making of a derogating control order76.4
Directions for a full hearing on notice76.5
Applications on notice76.6
3 PERMISSION APPLICATIONS, REFERENCES AND APPEALS TO THE HIGH COURT RELATING TO NON-DEROGATING CONTROL ORDERS
Scope of this section76.7
Application for permission to make non-derogating control order76.8
References under section 3(3) of the Act76.9
Directions for hearing on application for permission or on a reference76.10
Appeals under section 10 of the Act76.11
Modification of Part 52 (appeals)76.12
Notice of appeal76.13
Time limit for appealing76.14
Secretary of State’s reply76.15
4 APPEALS TO THE COURT OF APPEAL
Modification of Part 52 (appeals)76.16
5 GENERAL PROVISIONS
Scope of this section76.17
Address for issuing proceedings in the High Court76.18
Applications for anonymity76.19
Notification of hearing76.20
Hearings76.21
Hearings in private76.22
Appointment of a special advocate76.23
Functions of special advocate76.24
Special advocate: communicating about proceedings76.25
Modification of the general rules of evidence and disclosure76.26
Filing and service of relevant material76.27
Closed material76.28
Consideration of Secretary of State’s objection76.29
Order of filing and serving material and written submissions76.30
Failure to comply with directions76.31
Judgments76.32
Application by Secretary of State for reconsideration of decision76.33
Supply of court documents76.34

SECTION 1E+WApplication of this Part

Scope and interpretationE+W

76.1.—(1) This Part contains rules about—

(a)control order proceedings in the High Court; and

(b)appeals to the Court of Appeal against an order of the High Court in such proceedings.

(2) In the case of proceedings brought by virtue of section 11(2) of the Act, the rules in this Part shall apply with any modification which the court considers necessary.

(3) In this Part—

(a)“the Act” means the Prevention of Terrorism Act 2005;

(b)“closed material” means any relevant material that the Secretary of State objects to disclosing to a relevant party;

(c)“control order proceedings” has the same meaning as in section 11(6) of the Act;

(d)“controlled person”, has the same meaning as in section 15(1) of the Act;

(e)“legal representative” is to be construed in accordance with paragraph 11 of the Schedule to the Act;

(f)“open material” means any relevant material that the Secretary of State does not object to disclosing to a relevant party;

F682(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h)“relevant material” has the same meaning as in paragraph 4(5) of the Schedule to the Act;

(i)“relevant party” has the same meaning as in paragraph 11 of the Schedule to the Act;

(j)“special advocate” means a person appointed under paragraph 7 of the Schedule to the Act.

(4) For the purposes of this Part, disclosure is contrary to the public interest if it is made contrary to the interests of national security, the international relations of the United Kingdom, the detection and prevention of crime, or in any other circumstances where disclosure is likely to harm the public interest.

Textual Amendments

Modification to the overriding objectiveE+W

76.2.—(1) Where this Part applies, the overriding objective in Part 1, and so far as relevant any other rule, must be read and given effect in a way which is compatible with the duty set out in paragraph (2).

(2) The court must ensure that information is not disclosed contrary to the public interest.

(3) Subject to paragraph (2), the court must satisfy itself that the material available to it enables it properly to determine proceedings.

SECTION 2E+WApplications to the High Court relating to derogating control orders

Scope of this sectionE+W

76.3.—(1) This section of this Part contains rules about applications relating to derogating control orders.

(2) Part 23 does not apply to an application made under this section of this Part.

Applications for the making of a derogating control orderE+W

76.4.  An application for the making of a derogating control order under section 4(1) of the Act must be made by the Secretary of State by filing with the court—

(a)a statement of reasons to support the application for—

(i)making such an order, and

(ii)imposing each of the obligations to be imposed by that order;

(b)all relevant material;

(c)any written submissions; and

(d)a draft of the order sought.

Directions for a full hearing on noticeE+W

76.5.—(1) When the court makes a derogating control order under section 4(3) of the Act it must—

(a)immediately fix a date, time and place for a further hearing at which the controlled person, his legal representative and a special advocate (if one has been appointed) can be present; and

(b)unless the court otherwise directs, that date must be no later than 7 days from the date that the order is made.

(2) At the hearing referred to in paragraph (1)(a) the court must give directions—

(a)for the holding of a full hearing under section 4(1)(b) of the Act to determine whether to confirm the control order (with or without modifications) or to revoke it; and

(b)specifying the date and time by which the parties and special advocate must file and serve any written evidence or written submissions in accordance with rule 76.30.

(3) When giving directions under paragraph (2), the court must have regard to the need to expedite the full hearing.

Applications on noticeE+W

76.6.—(1) An application under section 4(9) for the renewal, or under section 7(4) of the Act, for the revocation of a control order or for the modification of obligations imposed by such an order, must be made in accordance with this rule.

(2) An application by the Secretary of State must be made by—

(a)filing with the court—

(i)a statement of reasons to support the application,

(ii)all relevant material,

(iii)any written submissions, and

(iv)a draft of the order sought; and

(b)serving on the controlled person or his legal representative any open material.

(3) An application by the controlled person must be made by filing with the court and serving on the Secretary of State—

(a)a statement of reasons to support the application;

(b)any written evidence upon which he relies;

(c)any written submissions; and

(d)where appropriate, a draft of the order sought.

(4) If the controlled person wishes to oppose an application made under this rule, he must as soon as practicable file with the court, and serve on the Secretary of State, any written evidence and any written submissions upon which he relies.

(5) If the Secretary of State wishes to oppose an application made under this rule, he must as soon as practicable—

(a)file with the court—

(i)all relevant material, and

(ii)any written submissions; and

(b)serve on the controlled person any open material.

(Attention is drawn to rule 76.18 relating to the address for issuing proceedings in the High Court. Rules 76.28 and 76.29 will apply where any closed material is filed by the Secretary of State).

SECTION 3E+WPermission applications, references and appeals to the High Court relating to non-derogating control orders

Scope of this sectionE+W

76.7.  This section of this Part contains rules about—

(a)applications under section 3(1)(a) of the Act (application for permission to make a non-derogating control order);

(b)references under section 3(3) of the Act (reference of a non-derogating control order made without permission); and

(c)appeals to the High Court under section 10 of the Act (appeals relating to non-derogating control orders).

Application for permission to make non-derogating control orderE+W

76.8.  An application under section 3(1)(a) for permission to make a non-derogating control order must be made by the Secretary of State by filing with the court—

(a)a statement of reasons to support the application;

(b)all relevant material;

(c)any written submissions; and

(d)the proposed control order.

References under section 3(3) of the ActE+W

76.9.—(1) This rule applies where the Secretary of State makes a reference under section 3(3) of the Act (reference of a non-derogating control order).

(2) The Secretary of State must promptly file with the court—

(a)a statement of the reasons for—

(i)making the control order,

(ii)imposing the obligations imposed by that order;

(b)all relevant material; and

(c)any written submissions.

Directions for hearing on application for permission or on a referenceE+W

76.10.—(1) This rule applies where the court gives directions under section 3(2)(c) or (6)(b) or (c) of the Act.

(2) The court must immediately—

(a)fix a date, time and place for a further hearing at which the controlled person, his legal representative and a special advocate (if one has been appointed) can be present; and

(b)unless the court otherwise directs, that date must be no later than 7 days from the date that the order is made.

(3) At the hearing referred to in paragraph (2), the court must give directions—

(a)for a hearing under section 3(10); and

(b)specifying the date and time by which the parties and special advocate must file and serve any written evidence or written submissions in accordance with rule 76.30.

(4) When giving directions under paragraph (3), the court must have regard to the need to expedite that hearing.

(Rules 76.28 and 76.29 will apply where any closed material is filed by the Secretary of State).

Appeals under section 10 of the ActE+W

76.11.  This rule and rules 76.12 to 76.15 apply to an appeal under section 10 of the Act (appeals relating to a non-derogating control order).

Modification of Part 52 (appeals)E+W

76.12.—(1) Part 52 (appeals) applies to an appeal under section 10 of the Act, subject to—

(a)rule 76.2;

(b)the rules in section 5 of this Part; and

(c)the modifications set out in paragraphs (2) and (3) of this rule.

(2) The following rules do not apply to appeals under section 10 of the Act—

(a)rule 52.3 (permission);

(b)rule 52.4 (appellant’s notice);

(c)rule 52.5 (respondent’s notice); and

(d)rule 52.11 (hearing of appeals).

(3) Rule 52.2 (all parties to comply with the practice direction) applies, but the parties shall not be required to comply with paragraphs 5.6, 5.6A, 5.7, 5.9 and 5.10 of that practice direction.

Notice of appealE+W

76.13.—(1) The controlled person must give notice of appeal by—

(a)filing it with the court; and

(b)serving a copy of the notice and any accompanying documents on the Secretary of State.

(2) The notice of appeal must—

(a)set out the grounds of the appeal; and

(b)state the name and address of-

(i)the controlled person, and

(ii)any legal representative of that person.

(3) A notice of appeal may include an application for an order under rule 76.19 requiring anonymity.

(4) The notice of appeal must be filed with—

(a)a copy of the order that is the subject of the appeal;

(b)a copy of the Secretary of State’s decision on an application for the revocation of the control order, or for the modification of an obligation imposed by such an order.

(Attention is drawn to rule 76.18 relating to the address for issuing proceedings in the High Court).

Time limit for appealingE+W

76.14.—(1) Subject to paragraph (2), the controlled person must give notice of appeal no later than 28 days after receiving F683...—

(a)the [F684notice setting out the terms of the order, renewal or modification that is the subject of the appeal]; or

(b)[F685notice of] the decision by the Secretary of State on an application for the revocation of the control order, or for the modification of an obligation imposed by such an order.

(2) In a case where the Secretary of State has failed to determine an application for the revocation of the control order, or for the modification of an obligation imposed by such an order, the controlled person must file the notice of appeal—

(a)no earlier than 28 days; and

(b)no later than 42 days;

after the date the application was made.

Textual Amendments

Secretary of State’s replyE+W

76.15.  If the Secretary of State wishes to oppose an appeal made under section 10 of the Act, he must no later than 14 days after he is served with the notice of appeal—

(a)file with the court—

(i)all relevant material, and

(ii)any written submissions; and

(b)serve on the controlled person any open material.

SECTION 4E+WAppeals to the Court of Appeal

Modification of Part 52 (appeals)E+W

76.16.—(1) Part 52 (appeals) applies to an appeal to the Court of Appeal against an order of the High Court in control order proceedings, subject to—

(a)rule 76.2;

(b)the rules in section 5 of this Part; and

(c)paragraphs (2) and (3) of this rule.

(2) The following rules do not apply to appeals to the Court of Appeal—

(a)rule 52.4(1) (appellant’s notice); and

(b)rule 52.5 (respondent’s notice); but

the provisions of rules 76.13 and 76.15 shall apply with appropriate modifications.

(3) Rule 52.2 (all parties to comply with the practice direction) applies, but the parties shall not be required to comply with paragraphs 5.6, 5.6A, 5.7, 6.3A, 15.2, 15.3, 15.4 and 15.6 of that practice direction.

SECTION 5E+WGeneral provisions

Scope of this sectionE+W

76.17.  This section of this Part applies to—

(a)control order proceedings in the High Court; and

(b)appeals to the Court of Appeal against an order of the High Court in such proceedings.

Address for issuing proceedings in the High CourtE+W

76.18.  Any control order proceedings must be issued at the Administrative Court Office, Room C315, Royal Courts of Justice, Strand, London, WC2A 2LL.

Applications for anonymityE+W

76.19.—(1) The controlled person or the Secretary of State may apply for an order requiring the anonymity of the controlled person.

(2) An application under paragraph (1) may be made at any time, irrespective of whether any control order proceedings have been commenced.

(3) An application may be made without notice to the other party.

(4) References in this rule to an order requiring anonymity for the controlled person are to be construed in accordance with paragraph 5(3) of the Schedule to the Act.

Notification of hearingE+W

76.20.  Unless the court orders otherwise, it must serve notice of the date, time and place fixed for any hearing on—

(a)every party, whether or not entitled to attend that hearing; and

(b)if one has been appointed for the purposes of the hearing, the special advocate or those instructing him.

HearingsE+W

76.21.—(1) The following proceedings must be determined at a hearing—

(a)a hearing pursuant to directions given under section 4(1)(b) of the Act (derogating control orders);

(b)a hearing pursuant to directions given under sections 3(2)(c) or (6)(b) or (c) of the Act (non-derogating control orders);

(c)an appeal under section 10 of the Act (appeal relating to a non-derogating control order);

(d)an appeal to the Court of Appeal from an order of the High Court made in any of the above proceedings; and

(e)a hearing under rule 76.29(2) (consideration of Secretary of State’s objection).

(2) Paragraph (1)(c) and (d) do not apply where—

(a)the appeal is withdrawn by the controlled person;

(b)the Secretary of State consents to the appeal being allowed; or

(c)the controlled person is outside the United Kingdom or it is impracticable to give him notice of a hearing and, in either case, he is unrepresented.

Hearings in privateE+W

76.22.—(1) If the court considers it necessary for any relevant party and his legal representative to be excluded from a hearing or part of a hearing in order to secure that information is not disclosed contrary to the public interest, it must-

(a)direct accordingly; and

(b)conduct the hearing, or that part of it from which the relevant party and his legal representative are excluded, in private.

(2) The court may conduct a hearing or part of a hearing in private for any other good reason.

Appointment of a special advocateE+W

76.23.—(1) Subject to paragraph (2), the Secretary of State must immediately give notice of the proceedings to the [F686Attorney General] upon—

(a)making an application under section 4(1) of the Act (relating to a derogating control order);

(b)making an application under section 3(1)(a) of the Act (application for permission to make a non-derogating control order);

(c)making a reference under section 3(3) of the Act (reference of a non-derogating control order made without permission); or

(d)being served with a copy of any application, claim, or notice of appeal in proceedings to which this Part applies.

(2) Paragraph (1) applies unless—

(a)the Secretary of State does not intend to—

(i)oppose the appeal or application; or

(ii)withhold closed material from a relevant party; or

(b)a special advocate has already been appointed to represent the interests of the relevant party in the proceedings and that special advocate is not prevented from communicating with that party by virtue of rule 76.25.

(3) Where notice is given to the [F687Attorney General] under paragraph (1), the [F687Attorney General] may appoint a special advocate to represent the interests of the relevant party in the proceedings.

(4) Where any proceedings to which this Part apply are pending but no special advocate has been appointed, a relevant party or the Secretary of State may request the [F688Attorney General] to appoint a special advocate.

Textual Amendments

Functions of special advocateE+W

76.24.  The functions of a special advocate are to represent the interests of a relevant party by—

(a)making submissions to the court at any hearings from which the relevant party and his legal representatives are excluded;

(b)cross-examining witnesses at any such hearings; and

(c)making written submissions to the court.

Special advocate: communicating about proceedingsE+W

76.25.—(1) The special advocate may communicate with the relevant party or his legal representative at any time before the Secretary of State serves closed material on him.

(2) After the Secretary of State serves closed material on the special advocate, the special advocate must not communicate with any person about any matter connected with the proceedings, except in accordance with paragraph (3) or a direction of the court pursuant to a request under paragraph (4).

(3) The special advocate may, without directions from the court, communicate about the proceedings with—

(a)the court;

(b)the Secretary of State, or any person acting for him;

(c)the [F689Attorney General], or any person acting for him; or

(d)any other person, except for the relevant party or his legal representative, with whom it is necessary for administrative purposes for him to communicate about matters not connected with the substance of the proceedings.

(4) The special advocate may request directions from the court authorising him to communicate with the relevant party or his legal representative or with any other person.

(5) Where the special advocate makes a request for directions under paragraph (4)—

(a)the court must notify the Secretary of State of the request; and

(b)the Secretary of State must, within a period specified by the court, file with the court and serve on the special advocate notice of any objection which he has to the proposed communication, or to the form in which it is proposed to be made.

(6) Paragraph (2) does not prohibit the relevant party from communicating with the special advocate after the Secretary of State has served material on him as mentioned in paragraph (1), but—

(a)the relevant party may only communicate with the special advocate through a legal representative in writing; and

(b)the special advocate must not reply to the communication other than in accordance with directions of the court, except that he may without such directions send a written acknowledgment of receipt to the legal representative of the relevant party.

Textual Amendments

Modification of the general rules of evidence and disclosureE+W

76.26.—(1) Part 31 (disclosure and inspection of documents), Part 32 (evidence) and Part 33 (miscellaneous rules about evidence) do not apply to any proceedings to which this Part applies.

(2) Subject to the other rules in this Part, the evidence of a witness may be given either—

(a)orally, before the court; or

(b)in writing, in which case it shall be given in such manner and at such time as the court directs.

(3) The court may also receive evidence in documentary or any other form.

(4) The court may receive evidence that would not, but for this rule, be admissible in a court of law.

(5) Every party shall be entitled to adduce evidence and to cross-examine witnesses during any part of a hearing from which he and his legal representative are not excluded.

(6) The court may require a witness to give evidence on oath.

Filing and service of relevant materialE+W

76.27.  The Secretary of State is required to make a reasonable search for relevant material and to file and serve that material in accordance with the rules in this Part.

Closed materialE+W

76.28.—(1) The Secretary of State—

(a)must apply to the court for permission to withhold closed material from a relevant party or his legal representative in accordance with this rule; and

(b)may not rely on closed material at a hearing on notice unless a special advocate has been appointed to represent the interests of the relevant party.

(2) The Secretary of State must file with the court and serve, at such time as the court directs, on the special advocate—

(a)the closed material;

(b)a statement of his reasons for withholding that material from the relevant party; and

(c)if he considers it possible to summarise that material without disclosing information contrary to the public interest, a summary of that material in a form which can be served on the relevant party.

(3) The Secretary of State may at any time amend or supplement material filed under this rule, but only with—

(a)the agreement of the special advocate; or

(b)the permission of the court.

Consideration of Secretary of State’s objectionE+W

76.29.—(1) This rule applies where the Secretary of State has—

(a)objected under rule 76.25(5)(b) to a proposed communication by the special advocate; or

(b)applied under rule 76.28 for permission to withhold closed material.

(2) The court must fix a hearing for the Secretary of State and the special advocate to make oral representations, unless—

(a)the special advocate gives notice to the court that he does not challenge the objection or application;

(b)the court has previously considered—

(i)an objection under rule 76.25(5)(b) [F690to the same or substantially the same communication], or

(ii)an application under rule 76.28(1) for permission to withhold the same or substantially the same material, and

  • is satisfied that it would be just to uphold that objection or to give permission without a hearing; or

    (c)

    the Secretary of State and the special advocate consent to the court deciding the issue without a hearing.

(3) If the special advocate does not challenge the objection or the application, he must give notice of that fact to the court and the Secretary of State within 14 days, or such other period as the court may direct, after the Secretary of State serves on him a notice under rule 76.25(5)(b) or material under rule 76.28(2).

(4) Where the court fixes a hearing under this rule, the Secretary of State and the special advocate must before the hearing file with the court a schedule identifying the issues which cannot be agreed between them, which must—

(a)list the items or issues in dispute;

(b)give brief reasons for their contentions on each; and

(c)set out any proposals for the court to resolve the issues in contention.

(5) A hearing under this rule shall take place in the absence of the relevant party and his legal representative.

(6) Where the court gives permission to the Secretary of State to withhold closed material, the court must—

(a)consider whether to direct the Secretary of State to serve a summary of that material on the relevant party or his legal representative; but

(b)ensure that no such summary contains information or other material the disclosure of which would be contrary to the public interest.

(7) Where the court has not given permission to the Secretary of State to withhold closed material from, or has directed the Secretary of State to serve a summary of that material on, a relevant party or his legal representative—

(a)the Secretary of State shall not be required to serve that material or summary; but

(b)if he does not do so, at a hearing on notice the court may—

(i)if it considers that the material or anything that is required to be summarised might be of assistance to the relevant party in relation to a matter under consideration by the court, direct that the matter be withdrawn from its consideration, and

(ii)in any other case, direct that the Secretary of State shall not rely in the proceedings on that material or (as the case may be) on what is required to be summarised.

(8) The court must give permission to the Secretary of State to withhold closed material where it considers that the disclosure of that material would be contrary to the public interest.

Textual Amendments

Order of filing and serving material and written submissionsE+W

76.30.  Subject to any directions given by the court, the parties must file and serve any material and written submissions, and the special advocate must file and serve any written submissions, in the following order—

(a)the Secretary of State must file with the court all relevant material;

(b)the Secretary of State must serve on—

(i)the relevant party or his legal representative; and

(ii)the special advocate (as soon as one is appointed) or those instructing him,

any open material;

(c)the relevant party must file with the court and serve on the Secretary of State and special advocate (if one is appointed) or those instructing him any written evidence which he wishes the court to take into account at the hearing;

(d)the Secretary of State must file with the court any further relevant material;

(e)the Secretary of State must serve on—

(i)the relevant party or his legal representative, and

(ii)the special advocate (as soon as one is appointed) or those instructing him,

any open material filed with the court under paragraph (d);

(f)the Secretary of State must serve on the special advocate (if one has been appointed) any closed material;

(g)the parties and the special advocate (if one has been appointed) must file and serve any written submissions as directed by the court.

(Rules 76.28 and 76.29 will apply where any closed material is filed by the Secretary of State).

Failure to comply with directionsE+W

76.31.—(1) Where a party or the special advocate fails to comply with a direction of the court, the court may serve on him a notice which states—

(a)the respect in which he has failed to comply with the direction;

(b)a time limit for complying with the direction; and

(c)that the court may proceed to determine the proceedings before it, on the material available to it, if the party or the special advocate fails to comply with the relevant direction within the time specified.

(2) Where a party or special advocate fails to comply with such a notice, the court may proceed in accordance with paragraph (1)(c).

JudgmentsE+W

76.32.—(1) When the court gives judgment in any proceedings to which this Part applies, it may withhold any or part of its reasons if and to the extent that it is not possible to give reasons without disclosing information contrary to the public interest.

(2) Where the judgment of the court does not include the full reasons for its decision, the court must serve on the Secretary of State and the special advocate a separate written judgment including those reasons.

Application by Secretary of State for reconsideration of decisionE+W

76.33.—(1) This rule applies where the court proposes, in any proceedings to which this Part applies, to serve notice on a relevant party of any—

(a)order or direction made or given in the absence of the Secretary of State; or

(b)any judgment.

(2) Before the court serves any such notice on the relevant party, it must first serve notice on the Secretary of State of its intention to do so.

(3) The Secretary of State may, within 5 days of being served with notice under paragraph (2), apply to the court to reconsider the terms of the order or direction or to review the terms of the proposed judgment if he considers that—

(a)his compliance with the order or direction; or

(b)the notification to the relevant party of any matter contained in the judgment, order or direction;

would cause information to be disclosed contrary to the public interest.

[F691(4) Where the Secretary of State makes an application under paragraph (3), he must at the same time serve on the special advocate, if one has been appointed—

(a)a copy of the application; and

(b)a copy of the notice served on the Secretary of State pursuant to paragraph (2).]

(5) Rule 76.29 (except for paragraphs (6) and (7)) shall, if a special advocate has been appointed, apply with any necessary modifications to the consideration of an application under paragraph (3) of this rule.

(6) The court must not serve notice on the relevant party as mentioned in paragraph (1) before the time for the Secretary of State to make an application under paragraph (3) has expired.

Textual Amendments

Supply of court documentsE+W

76.34.  Unless the court otherwise directs, [F692rule 5.4 (Register of Claims), rule 5.4B (Supply of documents from court records – a party) and rule 5.4C (Supply of documents from court records – a non-party) do] not apply to any proceedings to which this Part applies.]

Textual Amendments

[F693PART 77E+WPROVISIONS IN SUPPORT OF CRIMINAL JUSTICE

Textual Amendments

Contents of this Part

Scope and interpretationRule 77.1
Application for a SCPORule 77.2
Applications by third parties to make representations and applications to vary or discharge a SCPO made by the High CourtRule 77.3
Application to vary or discharge a SCPO made by the Crown CourtRule 77.4
Where to make an applicationRule 77.5

Scope and interpretationE+W

77.1.—(1) This Part contains rules about—

(a)applications for a serious crime prevention order under section 8 of the Serious Crime Act 2007; and

(b)related applications under sections 9, 17 and 18 of that Act.

(2) In this Part—

(a)‘the 2007 Act’ means the Serious Crime Act 2007; and

(b)‘SCPO’ means a serious crime prevention order under section 1 or section 19 of the 2007 Act.

Application for a SCPOE+W

77.2.  An application under section 8 of the 2007 Act for a SCPO must be started in accordance with Part 8 as modified by the practice direction supplementing this Part.

Applications by third parties to make representations and applications to vary or discharge a SCPO made by the High CourtE+W

77.3.  An application under—

(a)section 9 of the 2007 Act; or

(b)section 17 or 18 of the 2007 Act to vary or discharge a SCPO made by the High Court,

must be made in accordance with Part 23 as modified by the practice direction supplementing this Part.

Application to vary or discharge a SCPO made by the Crown CourtE+W

77.4.  An application under section 17 or 18 of the 2007 Act to vary or discharge a SCPO made by the Crown Court must be started in accordance with Part 8.

Where to make an applicationE+W

77.5.  Applications under this Part must be made to the Queen’s Bench Division of the High Court in one of the courts set out in the Practice Direction supplementing this Part.]

GLOSSARYE+W

Commencement Information

I368Glossary in force at 26.4.1999, see Signature

ScopeE+W

This glossary is a guide to the meaning of certain legal expressions as used in these Rules, but it does not give the expressions any meaning in the Rules which they do not otherwise have in the law.

ExpressionMeaning
AffidavitA written, sworn statement of evidence.
Alternative dispute resolutionCollective description of methods of resolving disputes otherwise than through the normal trial process.
Base rateThe interest rate set by the Bank of England which is used as the basis for other banks' rates.
ContributionA right of someone to recover from a third person all or part of the amount which he himself is liable to pay.
CounterclaimA claim brought by a defendant in response to the claimant’s claim, which is included in the same proceedings as the claimant’s claim.
Cross-examination (and see “evidence in chief”)Questioning of a witness by a party other than the party who called the witness.
DamagesA sum of money awarded by the court as compensation to the claimant.
• aggravated damagesAdditional damages which the court may award as compensation for the defendant’s objectionable behaviour
• exemplary damagesDamages which go beyond compensating for actual loss and are awarded to show the court’s disapproval of the defendant’s behaviour
Defence of tender before claimA defence that, before the claimant started proceedings, the defendant unconditionally offered to the claimant the amount due or, if no specified amount is claimed, an amount sufficient to satisfy the claim.
Evidence in chief (and see “cross-examination”)The evidence given by a witness for the party who called him.
IndemnityA right of someone to recover from a third party the whole amount which he himself is liable to pay.
InjunctionA court order prohibiting a person from doing something or requiring a person to do something.
Joint liability (and see “several liability”)Parties who are jointly liable share a single liability and each party can be held liable for the whole of it.
Limitation periodThe period within which a person who has a right to claim against another person must start court proceedings to establish that right. The expiry of the period may be a defence to the claim.
ListCases are allocated to different lists depending on the subject matter of the case. The lists are used for administrative purposes and may also have their own procedures and judges.
Official copyA copy of an official document, supplied and marked as such by the office which issued the original.
Practice formForm to be used for a particular purpose in proceedings, the form and purpose being specified by a practice direction.
Pre-action protocolStatements of understanding between legal practitioners and others about pre-action practice and which are approved by a relevant practice direction.
PrivilegeThe right of a party to refuse to disclose a document or produce a document or to refuse to answer questions on the ground of some special interest recognised by law.
SealA seal is a mark which the court puts on a document to indicate that the document has been issued by the court.
ServiceSteps required by rules of court to bring documents used in court proceedings to a person’s attention.
Set asideCancelling a judgment or order or a step taken by a party in the proceedings.
Several liability (and see “joint liability”)A person who is severally liable with others may remain liable for the whole claim even where judgment has been obtained against the others.
StayA stay imposes a halt on proceedings, apart from taking any steps allowed by the Rules or the terms of the stay. Proceedings can be continued if a stay is lifted.
Strike outStriking out means the court ordering written material to be deleted so that it may no longer be relied upon.
Without prejudiceNegotiations with a view to a settlement are usually conducted “without prejudice” which means that the circumstances in which the content of those negotiations may be revealed to the court are very restricted.

Woolf M.R.,

Richard Scott V-C.,

Anthony May L.J.,

John Leslie

Richard Holman

Godfrey Gypps

Henrietta Manners

Nicholas Chambers

David Foskett

Peter Watson

Peter Haworth

David Greene

Harriet Kimbell

Olivia Morrison-Lyons

I allow these Rules which shall come into force on 26th April 1999

Irvine of Laing, C.

Rule 50(3)

SCHEDULE 1E+W

Modifications etc. (not altering text)

Commencement Information

I369Sch. 1 in force at 26.4.1999, see Signature

RSC ORDER 10E+WSERVICE OF ORIGINATING PROCESS: GENERAL PROVISIONS

Service of claim form in certain actions for possession of landE+W

F694Rule 4  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

RSC ORDER 11E+WSERVICE OF PROCESS, ETC., OUT OF THE JURISDICTION

Principal cases in which service of claim form out of jurisdiction is permissibleE+W

F695Rule 1  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The period for filing an acknowledgment of service or filing or serving an admission where the claim form is served under rule 1(2)E+W

F695Rule1A  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The period for filing a defence where the claim form is served under rule 1(2)E+W

F695Rule1B  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F695  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F695  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F695  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F695  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F695  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F695  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F695  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F695  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F695  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F696RSC ORDER 15 E+WCAUSES OF ACTION, COUNTERCLAIMS AND PARTIES

Textual Amendments

Proceedings against estatesE+W

F696Rule 6A  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Change of parties by reason of death, etc.E+W

F696Rule 7  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Failure to proceed after death of partyE+W

F696Rule 9  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Relator actionsE+W

F696Rule 11  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Representative proceedingsE+W

F696Rule 12  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Derivative claimsE+W

F696Rule 12A  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Representation of interested persons who cannot be ascertained, etc.E+W

F696Rule 13  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notice of claim to non—partiesE+W

F696Rule 13A  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Representation of beneficiaries by trustees, etc.E+W

F696Rule 14  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Representation of deceased person interested in proceedingsE+W

F696Rule 15  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Declaratory judgmentE+W

F696Rule 16  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Conduct of proceedingsE+W

F696Rule 17  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

RSC ORDER 17E+WINTERPLEADER

Entitlement to relief by way of interpleaderE+W

Rule 1—(1) Where—

(a)a person is under a liability in respect of a debt or in respect of any money, goods or chattels and he is, or expects to be, sued for or in respect of that debt or money or those goods or chattels by two or more persons making adverse claims thereto; or

(b)claim is made to any money, goods or chattels taken or intended to be taken by a sheriff in execution under any process, or to the proceeds or value of any such goods or chattels, by a person other than the person against whom the process is issued,

the person under liability as mentioned in sub-paragraph (a) or (subject to rule 2) the sheriff, may apply to the Court for relief by way of interpleader.

(2) References in this Order to a sheriff shall be construed as [F697including references to—

(a)an individual authorised to act as an enforcement officer under the Courts Act 2003; and

(b)any other officer charged with the execution of process by or under the authority of the High Court.]

Textual Amendments

F697Words in Sch. 1 RSC Order 17 rule 1(2) substituted (1.4.2004) by The Civil Procedure (Amendment No. 5) Rules 2003 (S.I. 2003/3361), rules 1(c), 19

Claim to goods, etc., taken in executionE+W

Rule 2—(1) Any person making a claim to or in respect of any money, goods or chattels taken or intended to be taken in execution under process of the Court, or to the proceeds or value of any such goods or chattels, must give notice of his claim to the sheriff charged with the execution of the process and must include in his notice a statement of his address, and that address shall be his address for service.

(2) On receipt of a claim made under this rule the sheriff must forthwith give notice thereof to the execution creditor and the execution creditor must, within seven days after receiving the notice, give notice to the sheriff informing him whether he admits or disputes the claim. An execution creditor who gives notice in accordance with this paragraph admitting a claim shall only be liable to the sheriff for any fees and expenses incurred by the sheriff before receipt of that notice.

(3) Where—

(a)the sheriff receives a notice from an execution creditor under paragraph (2) disputing a claim, or the execution creditor fails, within the period mentioned in that paragraph, to give the required notice; and

(b)the claim made under this rule is not withdrawn,

the sheriff may apply to the Court for relief under this Order.

(4) A sheriff who receives a notice from an execution creditor under paragraph (2) admitting a claim made under this rule shall withdraw from possession of the money, goods or chattels claimed and may apply to the Court for relief under this Order of the following kind, that is to say, an order restraining the bringing of a claim against him for or in respect of his having taken possession of that money or those goods or chattels.

Claim in respect of goods protected from seizureE+W

Rule 2A—(1) Where a judgment debtor whose goods have been seized, or are intended to be seized, by a sheriff under a writ of execution claims that such goods are not liable to execution by virtue of section 138(3A) of the Act(62), he must within 5 days of the seizure give notice in writing to the sheriff identifying all those goods in respect of which he makes such a claim and the grounds of such claim in respect of each item.

(2) Upon receipt of a notice of claim under paragraph (1), the sheriff must forthwith give notice thereof to the execution creditor and to any person who has made a claim to, or in respect of, the goods under rule 2 (1) and the execution creditor and any person who has made claim must, within 7 days of receipt of such notice, inform the sheriff in writing whether he admits or disputes the judgment debtor’s claim in respect of each item.

(3) The sheriff shall withdraw from possession of any goods in respect of which the judgment debtor’s claim is admitted or if the execution creditor or any person claiming under rule 2 (1) fails to notify him in accordance with paragraph (2) and the sheriff shall so inform the parties in writing.

(4) Where the sheriff receives notice from—

(a)the execution creditor; or

(b)any such person to whom notice was given under paragraph (2), that the claim or any part thereof is disputed, he must forthwith seek the directions of the Court and may include therein an application for an order restraining the bringing of any claim against him for, or in respect of, his having seized any of those goods or his having failed so to do.

(5) The sheriff’s application for directions under paragraph (4) shall be made by an application in accordance with CPR Part 23 and, on the hearing of the application, the Court may—

(a)determine the judgment debtor’s claim summarily; or

(b)give such directions for the determination of any issue raised by such claim as may be just.

(6) A master and a district judge of a district registry shall have power to make an order of the kind referred to in paragraph (4) and the reference to master shall be construed in accordance with rule 4.

Mode of applicationE+W

Rule 3—(1) An application for relief under this Order must be made by claim form unless made in an existing claim, in which case it must be made by accordance with CPR Part 23.

(2) Where the applicant is a sheriff who has withdrawn from possession of money, goods or chattels taken in execution and who is applying for relief under rule 2 (4) the claim form must be served on any person who made a claim under that rule to or in respect of that money or those goods or chattels, and that person may attend the hearing of the application.

(4) Subject to paragraph (5) a claim form or application notice under this rule must be supported by evidence that the applicant—

(a)claims no interest in the subject—matter in dispute other than for charges or costs;

(b)does not collude with any of the claimants to that subject—matter; and

(c)is willing to pay or transfer that subject—matter into Court or to dispose of it as the Court may direct.

(5) Where the applicant is a sheriff, he shall not provide such evidence as is referred to in paragraph (4) unless directed by the Court to do so.

(6) Any person who makes a claim under rule 2 and who is served with a claim form under this rule shall within 14 days serve on the execution creditor and the sheriff a witness statement or affidavit specifying any money and describing any goods and chattels claimed and setting out the grounds upon which such claim is based.

(7) Where the applicant is a sheriff a claim form under this rule must give notice of the requirement in paragraph (6).

To whom Sheriff may apply for reliefE+W

Rule 4  An application to the Court for relief under this Order may, if the applicant is a sheriff, be made—

(a)where the claim in question is proceeding in the Royal Courts of Justice, to a Master or, if the execution to which the application relates has been or is to be levied in the district of a District Registry, either to a Master or to the District Judge of that Registry;

(b)where the claim in question is proceeding in a District Registry, to the District Judge of that Registry or, if such execution has been or is to be levied in the district of some other District Registry or outside the district of any District Registry, either to the said the District Judge or to the District Judge of that other Registry or to a Master as the case may be.

Where the claim in question is proceeding in the Admiralty Court or the Family Division, references in this rule to a Master shall be construed as references to the Admiralty Registrar or to a Registrar of that Division.

Powers of Court hearing claimE+W

Rule 5—(1) Where on the hearing of a claim under this Order all the persons by whom adverse claims to the subject—matter in dispute (hereafter in this Order referred to as “the interpleader claimants”) appear, the Court may order—

(a)that any interpleader claimant be made a defendant in any claim pending with respect to the subject—matter in dispute in substitution for or in addition to the applicant for relief under this Order; or

(b)that an issue between the interpleader claimants be stated and tried and may direct which of the interpleader claimants is to be claimant and which defendant.

(2) Where—

(a)the applicant under this Order is a sheriff; or

(b)all the interpleader claimants consent or any of them so requests; or

(c)the question at issue between the interpleader claimants is a question of law and the facts are not in dispute,

the Court may summarily determine the question at issue between the interpleader claimants and make an order accordingly on such terms as may be just.

(3) Where an interpleader claimant, having been duly served with a claim form under this Order, does not appear at the hearing or, having appeared, fails or refuses to comply with an order made in the proceedings, the Court may make an order declaring the interpleader claimant, and all persons claiming under him, for ever barred from prosecuting his claim against the applicant for such relief and all persons claiming under him, but such an order shall not affect the rights of the interpleader claimants as between themselves.

Power to order sale of goods taken in executionE+W

Rule 6  Where an application for relief under this Order is made by a sheriff who has taken possession of any goods or chattels in execution under any process, and an interpleader claimant alleges that he is entitled, under a bill of sale or otherwise, to the goods or chattels by way of security for debt, the Court may order those goods or chattels or any part thereof to be sold and may direct that the proceeds of sale be applied in such manner and on such terms as may be just and as may be specified in the order.

Power to stay proceedingsE+W

Rule 7  Where a defendant to a claim applies for relief under this Order in the claim, the Court may by order stay all further proceedings in the claim.

Other powersE+W

Rule 8— [F698(1)]  Subject to the foregoing rules of this Order, the Court may in or for the purposes of any interpleader proceedings make such order as to costs or any other matter as it thinks just.

[F699(2) Where the interpleader claimant fails to appear at the hearing, the Court may direct that the sheriff’s and execution creditor’s costs shall be assessed by a master or, where the hearing was heard in a district registry, by a district judge of that registry and the following CPR rules shall apply–

(a)44.4 (basis of assessment);

(b)44.5 (factors to be taken into account in deciding the amount of costs);

(c)48.4 (limitations on court’s power to award costs in favour of trustee or personal representative); and

(d)48.6 (litigants in person).

(3) Where the claim in question is proceeding in the Admiralty Court or the Family Division, references in this rule to a Master shall be construed as references to the Admiralty Registrar or to a Registrar of that Division.]

Textual Amendments

F698Sch. 1 RSC Order 17 rule 8 renumbered as RSC Order 17 rule 8(1) (26.4.1999) by The Civil Procedure (Amendment) Rules 1999 (S.I. 1999/1008), rules 1, 27(a)

F699Sch. 1 RSC Order 17 rule 8(2)(3) inserted (26.4.1999) by The Civil Procedure (Amendment) Rules 1999 (S.I. 1999/1008), rules 1, 27(b)

One order in several proceedingsE+W

Rule 9  Where the Court considers it necessary or expedient to make an order in any interpleader proceedings in several proceedings pending in several Divisions, or before different Judges of the same Division, the Court may make such an order; and the order shall be entitled in all those causes or matters and shall be binding on all the parties to them.

DisclosureE+W

Rule 10  CPR Parts 31 and 18 shall, with the necessary modifications, apply in relation to an interpleader issue as they apply in relation to any other proceedings.

Trial of interpleader issueE+W

Rule 11—(1) CPR Part 39 shall, with the necessary modifications, apply to the trial of an interpleader issue as it applies to the trial of a claim.

(2) The Court by whom an interpleader issue is tried may give such judgment or make such order as finally to dispose of all questions arising in the interpleader proceedings.

RSC ORDER 23E+WSECURITY FOR COSTS

Order to apply to High Court and County CourtE+W

F700Rule A1  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Security for costs of proceedings, etc.E+W

F700Rule 1  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Manner of giving securityE+W

F700Rule 2  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Saving for enactmentsE+W

F700Rule 3  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F701RSC ORDER 30E+WRECEIVERS

Textual Amendments

Order to apply to High Court and County CourtE+W

F701Rule A1   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application for receiver and injunctionE+W

F701Rule 1  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Giving of security by receiverE+W

F701Rule 2  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Remuneration of receiverE+W

F701Rule 3  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Service of order and noticeE+W

F701Rule 4  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Receiver’s accountsE+W

F701Rule 5  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Payment into Court by receiverE+W

F701Rule 6  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Default by receiverE+W

F701Rule 7  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Directions to receiversE+W

F701Rule 8  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F702RSC ORDER 31E+WSALES, ETC. OF LAND BY ORDER OF COURT: CONVEYANCING COUNSEL OF THE COURT

Textual Amendments

Order to apply to High Court and County CourtE+W

F702Rule A1  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I. Sales, etc. of Land by Order of CourtE+W

Power to order sale of landE+W

F702Rule 1  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Manner of carrying out saleE+W

F702Rule 2  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Certifying result of saleE+W

F702Rule 3  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Mortgage, exchange or partition under order of the CourtE+W

F702Rule 4  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

II. Conveyancing Counsel of the CourtE+W

Reference of matters to conveyancing counsel of CourtE+W

F702Rule 5  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Objection to conveyancing counsel’s opinionE+W

F702Rule 6  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Obtaining counsel’s opinion on referenceE+W

F702Rule 8  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F703RSC ORDER 44E+WPROCEEDINGS UNDER JUDGMENTS AND ORDERS: CHANCERY DIVISION

Textual Amendments

Application to OrdersE+W

F703Rule 1  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Service of notice of judgment on person not a partyE+W

F703Rule 2  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Directions by the CourtE+W

F703Rule 3  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application of rules 5 to 8E+W

F703Rule 4  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Advertisements for creditors and other claimantsE+W

F703Rule 5  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Examination of claimsE+W

F703Rule 6  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Adjudication on claimsE+W

F703Rule 7  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notice of adjudicationE+W

F703Rule 8  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interest on debtsE+W

F703Rule 9  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interest on legaciesE+W

F703Rule 10  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Master’s orderE+W

F703Rule 11  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appeal against Master’s orderE+W

F703Rule 12  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

RSC ORDER 45E+WENFORCEMENT OF JUDGMENTS AND ORDERS: GENERAL

Modifications etc. (not altering text)

C53Sch. 1 RSC Order 45 applied (with modifications) (1.10.2007) by The Court of Protection Rules 2007 (S.I. 2007/1744), rules 1, 184(b)

[F704InterpretationE+W

Rule 1A.  In this Order, and in RSC Orders 46 and 47—

(a)“enforcement officer” means an individual who is authorised to act as an enforcement officer under the Courts Act 2003; and

(b)“relevant enforcement officer” means—

(i)in relation to a writ of execution which is directed to an single enforcement officer, that officer;

(ii)in relation to a writ of execution which is directed to two or more enforcement officers, the officer to whom the writ is allocated.]

Textual Amendments

Enforcement of judgment, etc., for payment of moneyE+W

Rule 1—F705(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F706(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F707(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In this Order references to any writ shall be construed as including references to any further writ in aid of the first mentioned writ.

Textual Amendments

Notice of seizureE+W

Rule 2  When first executing a writ of fieri facias, the Sheriff or his officer [F708or the relevant enforcement officer] shall deliver to the debtor or leave at each place where execution is levied a notice in Form No. 55 in the relevant Practice Direction informing the debtor of the execution.

Textual Amendments

Enforcement of judgment for possession of landE+W

Rule 3—(1) Subject to the provisions of these rules, a judgment or order for the giving of possession of land may be enforced by one or more of the following means, that is to say—

(a)writ of possession;

(b)in a case in which rule 5 applies, an order of committal;

(c)in such a case, writ of sequestration.

(2) A writ of possession to enforce a judgment or order for the giving of possession of any land shall not be issued without the permission of the Court except where the judgment or order was given or made in F709... [F710proceedings by a mortgagee or mortgagor or by any person having the right to foreclose or redeem any mortgage, being proceedings in which there is a claim for—

(a)payment of moneys secured by the mortgage;

(b)sale of the mortgaged property;

(c)foreclosure;

(d)delivery of possession (whether before or after foreclosure or without foreclosure) to the mortgagee by the mortgagor or by any other person who is alleged to be in possession of the property;

(e)redemption;

(f)reconveyance of the land or its release from the security; or

(g)delivery of possession by the mortgagee]

[F711(2A) In paragraph (2) “mortgage” includes a legal or equitable mortgage and a legal or equitable charge, and reference to a mortgagor, a mortgagee and mortgaged land is to be interpreted accordingly.]

(3) Such permission [F712as is referred to in paragraph (2)] shall not be granted unless it is shown—

(a)that every person in actual possession of the whole or any part of the land has received such notice of the proceedings as appears to the Court sufficient to enable him to apply to the Court for any relief to which he may be entitled; and

(b)if the operation of the judgment or order is suspended by subsection (2) of section 16 of the Landlord and Tenant Act, 1954(63), that the applicant has not received notice in writing from the tenant that he desires that the provisions of paragraphs (a) and (b) of that subsection shall have effect.

(4) A writ of possession may include provision for enforcing the payment of any money adjudged or ordered to be paid by the judgment or order which is to be enforced by the writ.

Textual Amendments

Enforcement of judgment for delivery of goodsE+W

Rule 4—(1) Subject to the provisions of these rules, a judgment or order for the delivery of any goods which does not give a person against whom the judgment is given or order made the alternative of paying the assessed value of the goods may be enforced by one or more of the following means, that is to say—

(a)writ of delivery to recover the goods without alternative provision for recovery of the assessed value thereof (hereafter in this rule referred to as a “writ of specific delivery”);

(b)in a case in which rule 5 applies, an order of committal;

(c)in such a case, writ of sequestration.

(2) Subject to the provisions of these rules, a judgment or order for the delivery of any goods or payment of their assessed value may be enforced by one or more of the following means, that is to say—

(a)writ of delivery to recover the goods or their assessed value;

(b)by order of the Court, writ of specific delivery;

(c)in a case in which rule 5 applies, writ of sequestration.

An application for an order under sub-paragraph (b) shall be made in accordance with CPR Part 23, which must be served on the defendant against whom the judgment or order sought to be enforced was given or made.

(3) A writ of specific delivery, and a writ of delivery to recover any goods or their assessed value, may include provision for enforcing the payment of any money adjudged or ordered to be paid by the judgment or order which is to be enforced by the writ.

(4) A judgment or order for the payment of the assessed value of any goods may be enforced by the same means as any other judgment or order for the payment of money.

Enforcement of judgment to do or abstain from doing any actE+W

Rule 5—(1) Where—

(a)a person required by a judgment or order to do an act within a time specified in the judgment or order refuses or neglects to do it within that time or, as the case may be, within that time as extended or abridged under a court order or CPR rule 2.11; or

(b)a person disobeys a judgment or order requiring him to abstain from doing an act, then, subject to the provisions of these rules, the judgment or order may be enforced by one or more of the following means, that is to say—

(i)with the permission of the Court, a writ of sequestration against the property of that person;

(ii)where that person is a body corporate, with the permission of the Court, a writ of sequestration against the property of any director or other officer of the body;

(iii)subject to the provisions of the Debtors Act 1869 and 1878(64), an order of committal against that person or, where that person is a body corporate, against any such officer.

(2) Where a judgment or order requires a person to do an act within a time therein specified and an order is subsequently made under rule 6 requiring the act to be done within some other time, references in paragraph (1) of this rule to a judgment or order shall be construed as references to the order made under rule 6.

(3) Where under any judgment or order requiring the delivery of any goods the person liable to execution has the alternative of paying the assessed value of the goods, the judgment or order shall not be enforceable by order of committal under paragraph (1), but the Court may, on the application of the person entitled to enforce the judgment or order, make an order requiring the first mentioned person to deliver the goods to the applicant within a time specified in the order, and that order may be so enforced.

Judgment, etc. requiring act to be done: order fixing time for doing itE+W

Rule 6—(1) Notwithstanding that a judgment or order requiring a person to do an act specifies a time within which the act is to be done, the Court shall, have power to make an order requiring the act to be done within another time, being such time after service of that order, or such other time, as may be specified therein.

(2) Where, a judgment or order requiring a person to do an act does not specify a time within which the act is to be done, the Court shall have power subsequently to make an order requiring the act to be done within such time after service of that order, or such other time, as may be specified therein.

(3) An application for an order under this rule must be made in accordance with CPR Part 23 and the application notice must be served on the person required to do the act in question.

Service of copy of judgment, etc., prerequisite to enforcement under r.5E+W

Rule 7—(1) In this rule references to an order shall be construed as including references to a judgment.

(2) Subject to paragraphs (6) and (7) of this rule, an order shall not be enforced under rule 5 unless—

(a)a copy of the order has been served personally on the person required to do or abstain from doing the act in question; and

(b)in the case of an order requiring a person to do an act, the copy has been so served before the expiration of the time within which he was required to do the act.

(3) Subject as aforesaid, an order requiring a body corporate to do or abstain from doing an act shall not be enforced as mentioned in rule 5 (1)(b)(ii) or (iii) unless—

(a)a copy of the order has also been served personally on the officer against whose property permission is sought to issue a writ of sequestration or against whom an order of committal is sought; and

(b)in the case of an order requiring the body corporate to do an act, the copy has been so served before the expiration of the time within which the body was required to do the act.

(4) There must be prominently displayed on the front of the copy of an order served under this rule a warning to the person on whom the copy is served that disobedience to the order would be a contempt of court punishable by imprisonment, or (in the case of an order requiring a body corporate to do or abstain from doing an act) punishable by sequestration of the assets of the body corporate and by imprisonment of any individual responsible.

(5) With the copy of an order required to be served under this rule, being an order requiring a person to do an act, there must also be served a copy of any order or agreement under CPR rule 2.11 extending or abridging the time for doing the act and, where the first—mentioned order was made under rule 5 (3) or 6 of this Order, a copy of the previous order requiring the act to be done.

(6) An order requiring a person to abstain from doing an act may be enforced under rule 5 notwithstanding that service of a copy of the order has not been effected in accordance with this rule if the Court is satisfied that pending such service, the person against whom or against whose property is sought to enforce the order has had notice thereof either—

(a)by being present when the order was made; or

(b)by being notified of the terms of the order, whether by telephone, telegram or otherwise.

(7) The Court may dispense with service of a copy of an order under this rule if it thinks it just to do so.

Court may order act to be done at expense of disobedient partyE+W

Rule 8  If F713... a mandatory order, an injunction or a judgment or order for the specific performance of a contract is not complied with, then, without prejudice to its powers under section 39 of the Act and its powers to punish the disobedient party for contempt, the Court may direct that the act required to be done may, so far as practicable, be done by the party by whom the order or judgment was obtained or some other person appointed by the Court, at the cost of the disobedient party, and upon the act being done the expenses incurred may be ascertained in such manner as the Court may direct and execution may issue against the disobedient party for the amount so ascertained and for costs.

Textual Amendments

F713Words in Sch. 1 RSC Order 45 rule 8 omitted (1.5.2004) by virtue of The Civil Procedure (Amendment No. 5) Rules 2003 (S.I. 2003/3361), rules 1(d), 22

Execution by or against person not being a partyE+W

F714Rule 9  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Conditional judgment: waiverE+W

F715Rule 10  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F715Sch. 1 RSC Order 45 rule 10 revoked (25.3.2002) by The Civil Procedure (Amendment No. 4) Rules 2001 (S.I. 2001/2792), rule 1(c), Sch. 5 (with rule 24) (with savings in rule 24 and S.I. 2001/4015, rules 1(c), 43(2))

Matters occurring after judgment: stay of execution, etc.E+W

Rule 11  Without prejudice to Order 47, rule 1, a party against whom a judgment has been given or an order made may apply to the Court for a stay of execution of the judgment or order or other relief on the ground of matters which have occurred since the date of the judgment or order, and the Court may by order grant such relief, and on such terms, as it thinks just.

Forms of writsE+W

Rule 12—(1) A writ of fieri facias must be in such of the Forms Nos. 53 to 63 in the relevant Practice Direction as is appropriate in the particular case.

(2) A writ of delivery must be in Form No. 64 or 65 in the relevant Practice Direction, whichever is appropriate.

(3) A writ of possession must be in Form No. 66 or 66A in the relevant Practice Direction, whichever is appropriate.

(4) A writ of sequestration must be in Form No. 67 in the relevant Practice Direction.

Enforcement of judgments and orders for recovery of money, etc.E+W

F716Rule 13  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F716Sch. 1 RSC Order 45 rule 13 revoked (25.3.2002) by The Civil Procedure (Amendment No. 4) Rules 2001 (S.I. 2001/2792), rule 1(c), Sch. 5 (with rule 24) (with savings in rule 24 and S.I. 2001/4015, rules 1(c), 43(2))

Enforcement of decisions of Value Added Tax TribunalsE+W

F717Rule 14  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

RSC ORDER 46E+WWRITS OF EXECUTION: GENERAL

Modifications etc. (not altering text)

C54Sch. 1 RSC Order 46 applied (with modifications) (1.10.2007) by The Court of Protection Rules 2007 (S.I. 2007/1744), rules 1, 184(b)

DefinitionE+W

Rule 1  In this Order, unless the context otherwise requires, “writ of execution” includes a writ of fieri facias, a writ of possession, a writ of delivery, a writ of sequestration and any further writ in aid of any of the aforementioned writs.

When permission to issue any writ of execution is necessaryE+W

Rule 2—(1) A writ of execution to enforce a judgment or order may not issue without the permission of the Court in the following cases, that is to say:—

(a)where six years or more have elapsed since the date of the judgment or order;

(b)where any change has taken place, whether by death or otherwise, in the parties entitled or liable to execution under the judgment or order;

(c)where the judgment or order is against the assets of a deceased person coming to the hands of his executors or administrators after the date of the judgment or order, and it is sought to issue execution against such assets;

(d)where under the judgment or order any person is entitled to a remedy subject to the fulfilment of any condition which it is alleged has been fulfilled;

(e)where any goods sought to be seized under a writ of execution are in the hands of a receiver appointed by the Court or a sequestrator.

(2) Paragraph (1) is without prejudice to section 2 of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951(65), or any other enactment or rule by virtue of which a person is required to obtain the permission of the Court for the issue of a writ of execution or to proceed to execution on or otherwise to the enforcement of a judgment or order.

(3) Where the Court grants permission, whether under this rule or otherwise, for the issue of a writ of execution and the writ is not issued within one year after the date of the order granting such permission, the order shall cease to have effect, without prejudice, however, to the making of a fresh order.

Permission required for issue of writ in aid of other writE+W

Rule 3  A writ of execution in aid of any other writ of execution shall not issue without the permission of the Court.

Application for permission to issue writE+W

Rule 4—(1) An application for permission to issue a writ of execution may be made in accordance with CPR Part 23 but the application notice need not be served on the respondent unless the Court directs.

(2) Such an application must be supported by a witness statement or affidavit—

(a)identifying the judgment or order to which the application relates and, if the judgment or order is for the payment of money, stating the amount originally due thereunder and the amount due thereunder at the date the application notice is filed;

(b)stating, where the case falls within rule 2 (1)(a) the reasons for the delay in enforcing the judgment or order;

(c)stating where the case falls within rule 2 (1)(b) the change which has taken place in the parties entitled or liable to execution since the date of the judgment or order;

(d)stating, where the case falls within rule 2 (1)(c) or (d) that a demand to satisfy the judgment or order was made on the person liable to satisfy it and that he has refused or failed to do so;

(e)giving such other information as is necessary to satisfy the Court that the applicant is entitled to proceed to execution on the judgment or order in question and that the person against whom it is sought to issue execution is liable to execution on it.

(3) The Court hearing such application may grant permission in accordance with the application or may order that any issue or question, a decision on which is necessary to determine the rights of the parties, be tried in any manner in which any question of fact or law arising in proceedings may be tried and, in either case, may impose such terms as to costs or otherwise as it thinks just.

Application for permission to issue writ of sequestrationE+W

Rule 5—(1) Notwithstanding anything in rules 2 and 4, an application for permission to issue a writ of sequestration must be made in accordance with CPR Part 23 and be heard by a Judge.

(2) Subject to paragraph (3) the application notice, stating the grounds of the application and accompanied by a copy of the witness statement or affidavit in support of the application, must be served personally on the person against whose property it is sought to issue the writ.

(3) The Court may dispense with service of the application notice under this rule if it thinks it just to do so.

(4) The judge hearing an application for permission to issue a writ of sequestration may sit in private in any case in which, if the application were for an order of committal, he would be entitled to do so by virtue of Order 52, rule 6 but, except in such a case, the application shall be heard in public.

Issue of writ of executionE+W

Rule 6—(1) Issue of a writ of execution takes place on its being sealed by a court officer of the appropriate office.

(2) Before such a writ is issued a praecipe for its issue must be filed.

(3) The praecipe must be signed by or on behalf of the solicitor of the person entitled to execution or, if that person is acting in person, by him.

(4) No such writ shall be sealed unless at the time of the tender thereof for sealing—

(a)the person tendering it produces—

(i)the judgment or order on which the writ is to issue, or an office copy thereof;

(ii)where the writ may not issue without the permission of the Court, the order granting such permission or evidence of the granting of it;

(iii)where judgment on failure to acknowledge service has been entered against a State, as defined in section 14 of the State Immunity Act 1978(66), evidence that the State has been served in accordance with CPR rule 40.10 and that the judgment has taken effect; and

(b)the court officer authorised to seal it is satisfied that the period, if any, specified in the judgment or order for the payment of any money or the doing of any other act thereunder has expired.

(5) Every writ of execution shall bear the date of the day on which it is issued.

(6) In this rule “the appropriate office” means—

(a)where the proceedings in which execution is to issue are in a District Registry, that Registry;

(b)where the proceedings are in the Principal Registry of the Family Division, that Registry;

(c)where the proceedings are Admiralty proceedings or commercial proceedings which are not in a District Registry, the Admiralty and Commercial Registry;

(ca)where the proceedings are in the Chancery Division, Chancery Chambers;

(d)in any other case, the Central Office of the Supreme Court.

Duration and renewal of writ of executionE+W

Rule 8—(1) For the purpose of execution, a writ of execution is valid in the first instance for 12 months beginning with the date of its issue.

(2) Where a writ has not been wholly executed the Court may by order extend the validity of the writ from time to time for a period of 12 months at any one time beginning with the day on which the order is made, if an application for extension is made to the Court before the day next following that on which the writ would otherwise expire or such later day, if any, as the Court may allow.

(3) Before a writ the validity of which had been extended under paragraph (2) is executed either the writ must be sealed with the seal of the office out of which it was issued showing the date on which the order extending its validity was made or the applicant for the order must serve a notice (in Form No. 71 in the relevant Practice Direction) sealed as aforesaid, on the sheriff to whom the writ is directed [F718or the relevant enforcement officer] informing him of the making of the order and the date thereof.

(4) The priority of a writ, the validity of which has been extended under this rule, shall be determined by reference to the date on which it was originally delivered to the sheriff [F719or relevant enforcement officer].

(5) The production of a writ of execution, or of such a notice as is mentioned in paragraph (3) purporting in either case to be sealed as mentioned in that paragraph, shall be evidence that the validity of that writ, or, as the case may be, of the writ referred to in that notice, has been extended under paragraph (2).

(6) If, during the validity of a writ of execution, an interpleader summons is issued in relation to an execution under that writ, the validity of the writ shall be extended until the expiry of 12 months from the conclusion of the interpleader proceedings.

Textual Amendments

F718Words in Sch. 1 RSC Order 46 rule 8(3) inserted (1.4.2004) by The Civil Procedure (Amendment No. 5) Rules 2003 (S.I. 2003/3361), rules 1(c), 23(a)

F719Words in Sch. 1 RSC Order 46 rule 8(4) inserted (1.4.2004) by The Civil Procedure (Amendment No. 5) Rules 2003 (S.I. 2003/3361), rules 1(c), 23(b)

Return to writ of executionE+W

Rule 9—(1) Any party at whose instance or against whom a writ of execution was issued may serve a notice on the sheriff to whom the writ was directed [F720or the relevant enforcement officer] requiring him, within such time as may be specified in the notice, to indorse on the writ a statement of the manner in which he has executed it and to send to that party a copy of the statement.

(2) If a sheriff [F721or enforcement officer] on whom such a notice is served fails to comply with it the party by whom it was served may apply to the Court for an order directing the sheriff [F721or enforcement officer] to comply with the notice.

Textual Amendments

F720Words in Sch. 1 RSC Order 46 rule 9(1) inserted (1.4.2004) by The Civil Procedure (Amendment No. 5) Rules 2003 (S.I. 2003/3361), rules 1(c), 24(a)

F721Words in Sch. 1 RSC Order 46 rule 9(2) inserted (1.4.2004) by The Civil Procedure (Amendment No. 5) Rules 2003 (S.I. 2003/3361), rules 1(c), 24(b)

RSC ORDER 47E+WWRITS OF FIERI FACIAS

Modifications etc. (not altering text)

C55 Sch. 1 RSC Order 47 applied (with modifications) (1.10.2007) by The Court of Protection Rules 2007 (S.I. 2007/1744), rules 1, 184(b)

Power to stay execution by writ of fieri faciasE+W

Rule 1—(1) Where a judgment is given or an order made for the payment by any person of money, and the Court is satisfied, on an application made at the time of the judgment or order, or at any time thereafter, by the judgment debtor or other party liable to execution—

(a)that there are special circumstances which render it inexpedient to enforce the judgment or order; or

(b)that the applicant is unable from any cause to pay the money,

then, notwithstanding anything in rule 2 or 3, the Court may by order stay the execution of the judgment or order by writ of fieri facias either absolutely or for such period and subject to such conditions as the Court thinks fit.

(2) An application under this rule, if not made at the time the judgment is given or order made, must be made in accordance with CPR Part 23 and may be so made notwithstanding that the party liable to execution did not acknowledge service of the claim form or serve a defence or take any previous part in the proceedings.

(3) The grounds on which an application under this rule is made must be set out in the application notice and be supported by a witness statement or affidavit made by or on behalf of the applicant substantiating the said grounds and, in particular, where such application is made on the grounds of the applicant’s inability to pay, disclosing his income, the nature and value of any property of his and the amount of any other liabilities of his.

(4) The application notice and a copy of the supporting witness statement or affidavit must, not less than 4 clear days before the hearing, be served on the party entitled to enforce the judgment or order.

(5) An order staying execution under this rule may be varied or revoked by a subsequent order.

Two or more writs of fieri faciasE+W

F722Rule 2  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Separate writs to enforce payment of costs, etc.E+W

Rule 3—(1) Where only the payment of money, together with costs to be assessed in accordance with CPR Part 47 (detailed costs assessment), is adjudged or ordered, then, if when the money becomes payable under the judgment or order the costs have not been assessed, the party entitled to enforce that judgment or order may issue a writ of fieri facias to enforce payment of the sum (other than for costs) adjudged or ordered and, not less than 8 days after the issue of that writ, he may issue a second writ to enforce payment of the assessed costs.

(2) A party entitled to enforce a judgment or order for the delivery of possession of any property (other than money) may, if he so elects, issue a separate writ of fieri facias to enforce payment of any damages or costs awarded to him by that judgment or order.

No expenses of execution in certain casesE+W

Rule 4  Where a judgment or order is for less than £600 and does not entitle the claimant to costs against the person against whom the writ of fieri facias to enforce the judgment or order is issued, the writ may not authorise the sheriff [F723or enforcement officer] to whom it is directed to levy any fees, poundage or other costs of execution.

Textual Amendments

Writ of fieri facias de bonis ecclesiasticis, etc.E+W

Rule 5—(1) Where it appears upon the return of any writ of fieri facias that the person against whom the writ was issued has no goods or chattels in the county of the sheriffs to whom the writ was directed [F724or the district of the relevant enforcement officer] but that he is the incumbent of a benefice named in the return, then, after the writ and return have been filed, the party by whom the writ of fieri facias was issued may issue a writ of fieri facias de bonis ecclesiasticis or a writ of sequestrari de bonis ecclesiasticis directed to the bishop of the diocese within which that benefice is.

(2) Any such writ must be delivered to the bishop to be executed by him.

(3) Only such fees for the execution of any such writ shall be taken by or allowed to the bishop or any diocesan officer as are for the time being authorised by or under any enactment, including any measure of the General Synod.

Textual Amendments

F724Words in Sch. 1 RSC Order 47 rule 5(1) inserted (1.4.2004) by The Civil Procedure (Amendment No. 5) Rules 2003 (S.I. 2003/3361), rules 1(c), 27

Order for sale otherwise than by auctionE+W

Rule 6—[F725(1) An order of the court under paragraph 10 of Schedule 7 to the Courts Act 2003 that a sale of goods seized under an execution may be made otherwise than by public auction may be made on the application of—

(a)the person at whose instance the writ of execution under which the sale is to be made was issued;

(b)the person against whom that writ was issued (in this rule referred to as “the judgment debtor”);

(c)if the writ was directed to a sheriff, that sheriff; and

(d)if the writ was directed to one or more enforcement officers, the relevant enforcement officer.]

(2) Such an application must be made in accordance with CPR Part 23 and the application notice must contain a short statement of the grounds of the application.

[F726(3) Where the applicant for an order under this rule is not the sheriff or enforcement officer, the sheriff or enforcement officer must, on the demand of the applicant, send to the applicant a list stating—

(a)whether he has notice of the issue of another writ or writs of execution against the goods of the judgment debtor; and

(b)so far as is known to him, the name and address of every creditor who has obtained the issue of another such writ of execution,

and where the sheriff or enforcement officer is the applicant, he must prepare such a list.]

(4) Not less than 4 clear days before the hearing the applicant must serve the application notice on each of the other persons by whom the application might have been made and on every person named in [F727the list under paragraph (3)].

[F728(5) Service of the application notice on a person named in the list under paragraph (3) is notice to him for the purpose of paragraph 10(3) of Schedule 7 to the Courts Act 2003.

  • (Paragraph 10(3) provides that if the person who seized the goods has notice of another execution or other executions, the court must not consider an application for leave to sell privately until the notice prescribed by Civil Procedure Rules has been given to the other execution creditor or creditors)]

(6) The applicant must produce [F729the list under paragraph (3)] to the Court on the hearing of the application.

(7) Every person on whom the application notice was served may attend and be heard on the hearing of the application.

Textual Amendments

F727Words in Sch. 1 RSC Order 47 rule 6(4) substituted (1.4.2004) by The Civil Procedure (Amendment No. 5) Rules 2003 (S.I. 2003/3361), rules 1(c), 28(c)

F729Words in Sch. 1 RSC Order 47 rule 6(6) substituted (1.4.2004) by The Civil Procedure (Amendment No. 5) Rules 2003 (S.I. 2003/3361), rules 1(c), 28(e)

RSC ORDER 48E+WEXAMINATION OF JUDGMENT DEBTOR, ETC.

Order for examination of judgment debtorE+W

F730Rule 1  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Examination of party liable to satisfy other judgmentE+W

F730Rule 2  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Examiner to make record of debtor’s statementE+W

F730Rule 3  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

RSC ORDER 49E+WGARNISHEE PROCEEDINGS

Attachment of debt due to judgment debtorE+W

F731Rule 1  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Application for orderE+W

F731Rule 2  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Service and effect of order to show causeE+W

F731Rule 3  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

No appearance or dispute of liability by garnisheeE+W

F731Rule 4  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Dispute of liability by garnisheeE+W

F731Rule 5  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Claims of third personsE+W

F731Rule 6  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Discharge of garnisheeE+W

F731Rule 8  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Money in CourtE+W

F731Rule 9  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

CostsE+W

F731Rule 10  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

RSC ORDER 50E+WCHARGING ORDERS, STOP ORDERS, ETC.

Order imposing a charge on a beneficial interestE+W

F732Rule 1  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Service of notice of order to show causeE+W

F732Rule 2  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Order made on further considerationsE+W

F732Rule 3  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Order imposing a charge on an interest held by a trusteeE+W

F732Rule 4  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Effect of order in relation to securities out of CourtE+W

F732Rule 5  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Effect of order in relation to funds in CourtE+W

F732Rule 6  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Discharge, etc., of charging orderE+W

F732Rule 7  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Jurisdiction of Master, etc., to grant injunctionE+W

F732Rule 9  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Enforcement of charging order by saleE+W

F732Rule 9A  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Funds in Court: stop orderE+W

F732Rule 10  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Securities not in Court: stop noticeE+W

F732Rule 11  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Effect of stop noticeE+W

F732Rule 12  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Amendment of stop noticeE+W

F732Rule 13  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Withdrawal etc. of stop noticeE+W

F732Rule 14  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Order prohibiting transfer, etc. of securitiesE+W

F732Rule 15  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F733RSC ORDER 51E+WRECEIVERS: EQUITABLE EXECUTION

Textual Amendments

Order to apply to High Court and County CourtsE+W

F733Rule A1.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appointment of receiver by way of equitable executionE+W

F733Rule 1  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Masters etc. may appoint receiverE+W

F733Rule 2  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application of rules as to appointment of receiver, etc.E+W

F733Rule 3  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

RSC ORDER 52E+WCOMMITTAL

Committal for contempt of courtE+W

Rule 1—(1) The power of the High Court or Court of Appeal to punish for contempt of court may be exercised by an order of committal.

(2) Where contempt of court—

(a)is committed in connection with—

(i)any proceedings before a Divisional Court of the Queen’s Bench Division; or

(ii)criminal proceedings, except where the contempt is committed in the face of the court or consists of disobedience to an order of the court or a breach of an undertaking to the court; or

(iii)proceedings in an inferior court; or

(b)is committed otherwise than in connection with any proceedings, then, subject to paragraph (4), an order of committal may be made only by a Divisional Court of the Queen’s Bench Division.

This paragraph shall not apply in relation to contempt of the Court of Appeal.

(3) Where contempt of court is committed in connection with any proceedings in the High Court, then, subject to paragraph (2), an order of committal may be made by a single judge of the Queen’s Bench Division except where the proceedings were assigned or subsequently transferred to some other Division, in which case the order may be made only by a single judge of that other Division.

  • The reference in this paragraph to a single judge of the Queen’s Bench Division shall, in relation to proceedings in any court the judge or judges of which are, when exercising the jurisdiction of that court, deemed by virtue of any enactment to constitute a court of the High Court, be construed as a reference to a judge of that court.

(4) Where by virtue of any enactment the High Court has power to punish or take steps for the punishment of any person charged with having done anything in relation to a court, tribunal or person which would, if it had been done in relation to the High Court, have been a contempt of that Court, [F734an order of committal may be made—

(a)on an application under section 88 of the Charities Act 1993, by a single judge of the Chancery Division; and

(b)in any other case, by a single judge of the Queen’s Bench Division]

Textual Amendments

F734Words in Sch. 1 RSC Order 52 rule 1(4) substituted (2.12.2002) by The Civil Procedure (Amendment) Rules 2002 (S.I. 2002/2058), rules 1(b), 30

Application to Divisional CourtE+W

Rule 2—(1) No application to a Divisional Court for an order of committal against any person may be made unless permission to make such an application has been granted in accordance with this rule.

(2) An application for such permission must be made without notice to a Divisional Court, except in vacation when it may be made to a judge in chambers and must be supported by a statement setting out the name and description of the applicant, the name, description and address of the person sought to be committed and the grounds on which his committal is sought, and by an affidavit, to be filed before the application is made, verifying the facts relied on.

(3) The applicant must give notice of the application for permission not later than the preceding day to the Crown Office and must at the same time lodge in that office copies of the statement and affidavit.

(4) Where an application for permission under this rule is refused by a judge in chambers, the applicant may make a fresh application for such permission to a Divisional Court.

(5) An application made to a Divisional Court by virtue of paragraph (4) must be made within 8 days after the judge’s refusal to give permission or, if a Divisional Court does not sit within that period, on the first day on which it sits thereafter.

Application for order after leave to apply grantedE+W

Rule 3—(1) When permission has been granted under rule 2 to apply for an order of committal, the application for the order must be made to a Divisional Court and, unless the court or judge granting permission has otherwise directed, there must be at least 14 clear days between the service of the claim form and the day named therein for the hearing.

(2) Unless within 14 days after such permission was granted, the claim form is issued the permission shall lapse.

(3) Subject to paragraph 4, the claim form, accompanied by a copy of the statement and affidavit in support of the application for permission, must be served personally on the person sought to be committed.

(4) Without prejudice to the powers of the court or judge under Part 6 of the CPR, the court or judge may dispense with service under this rule if it or he thinks it just to do so.

Application to Court other than Divisional CourtE+W

Rule 4—(1) Where an application for an order of committal may be made to a court other than a Divisional Court, the application must be made by claim form or application notice and be supported by an affidavit.

(2) Subject to paragraph (3) the claim form or application notice, stating the grounds of the application and accompanied by a copy of the affidavit in support of the application, must be served personally on the person sought to be committed.

(3) Without prejudice to its powers under Part 6 of the CPR, the Court may dispense with service under this rule if it thinks it just to do so.

(4) This rule does not apply to committal applications which under rules 1(2) and 3(1) should be made to a Divisional Court but which, in vacation, have been properly made to a single judge in accordance with Order 64, rule 4.

Saving for power to commit without application for purposeE+W

Rule 5  Nothing in the foregoing provisions of this Order shall be taken as affecting the power of the High Court or Court of Appeal to make an order of committal of its own initiative against a person guilty of contempt of court.

Provisions as to hearingE+W

Rule 6—(1) Subject to paragraph (2), the Court hearing an application for an order of committal may sit in private in the following cases, that is to say—

(a)where the application arises out of proceedings relating to the wardship or adoption of an infant or wholly or mainly to the guardianship, custody, maintenance or upbringing of an infant, or rights of access to an infant;

(b)where the application arises out of proceedings relating to a person suffering or appearing to be suffering from mental disorder within the meaning of the Mental Health Act 1983(67);

(c)where the application arises out of proceedings in which a secret process, discovery or invention was in issue;

(d)where it appears to the Court that in the interests of the administration of justice or for reasons of national security the application should be heard in private;

but, except as aforesaid, the application shall be heard in [F735public].

(2) If the Court hearing an application in private by virtue of paragraph (1) decides to make an order of committal against the person sought to be committed, it shall in [F735public] state—

(a)the name of that person,

(b)in general terms the nature of the contempt of Court in respect of which the order of committal is being made, and

(c)the length of the period for which he is being committed.

(3) Except with the permission of the Court hearing an application for an order of committal, no grounds shall be relied upon at the hearing except the grounds set out in the statement under rule 2 or, as the case may be, in the claim form or application notice under rule 4.

(4) If on the hearing of the application the person sought to be committed expresses a wish to give oral evidence on his own behalf, he shall be entitled to do so.

Textual Amendments

Power to suspend execution of committal orderE+W

Rule 7—(1) The Court by whom an order of committal is made may by order direct that the execution of the order of committal shall be suspended for such period or on such terms or conditions as it may specify.

(2) Where execution of an order of committal is suspended by an order under paragraph (1), the applicant for the order of committal must, unless the Court otherwise directs, serve on the person against whom it was made a notice informing him of the making and terms of the order under that paragraph.

[F736Warrant for arrestE+W

Rule 7A.  A warrant for the arrest of a person against whom an order of committal has been made shall not, without further order of the court, be enforced more than 2 years after the date on which the warrant is issued.]

Textual Amendments

Discharge of person committedE+W

Rule 8—(1) The Court may, on the application of any person committed to prison for any contempt of Court, discharge him.

(2) Where a person has been committed for failing to comply with a judgment or order requiring him to deliver any thing to some other person or to deposit it in Court or elsewhere, and a writ of sequestration has also been issued to enforce that judgment or order, then, if the thing is in the custody or power of the person committed, the commissioners appointed by the writ of sequestration may take possession of it as if it were the property of that person and, without prejudice to the generality of paragraph (1), the Court may discharge the person committed and may give such directions for dealing with the thing taken by the commissioners as it thinks fit.

(RSC Order 46, rule 5 contains rules relating to writs of sequestration)

Saving for other powersE+W

Rule 9  Nothing in the foregoing provisions of this Order shall be taken as affecting the power of the Court to make an order requiring a person guilty of contempt of court, or a person punishable by virtue of any enactment in like manner as if he had been guilty of contempt of the High Court, to pay a fine or to give security for his good behaviour, and those provisions, so far as applicable, and with the necessary modifications, shall apply in relation to an application for such an order as they apply in relation to an application for an order of committal.

F737RSC ORDER 53 APPLICATIONS FOR JUDICIAL REVIEWE+W

Textual Amendments

Cases appropriate for application for judicial reviewE+W

Rule 1  F737. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Joinder of claims for reliefE+W

Rule 2  F737. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Grant of leave to apply for judicial reviewE+W

Rule 3  F737. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Delay in applying for reliefE+W

Rule 4  F737. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Mode of applying for judicial reviewE+W

Rule 5  F737. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Statements and evidenceE+W

Rule 6  F737. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Claim for damagesE+W

Rule 7  F737. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application for disclosure, further information, cross—examination, etc.E+W

Rule 8  F737. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Hearing of application for judicial reviewE+W

Rule 9  F737. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Saving for person acting in obedience to mandamusE+W

Rule 10  F737. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Proceedings for disqualification of member of local authorityE+W

Rule 11  F737. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consolidation of applicationsE+W

Rule 12  F737. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appeal from Judge’s orderE+W

Rule 13  F737. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Meaning of “Court”E+W

Rule 14  F737. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

RSC ORDER 54E+WAPPLICATIONS FOR WRIT OF HABEAS CORPUS

Application for writ of habeas corpus ad subjiciendumE+W

Rule 1—(1) Subject to rule 11, an application for a writ of habeas corpus ad subjiciendum shall be made to a judge in Court, except that—

(a)it shall be made to a Divisional Court of the Queen’s Bench Division if the Court so directs;

(b)it may be made to a judge otherwise than in court at any time when no judge is sitting in court; and

(c)any application on behalf of a child must be made in the first instance to a judge otherwise than in court.

(2) An application for such writ may be made without notice being served on any other party and, subject to paragraph (3) must be supported by a witness statement or affidavit by the person restrained showing that it is made at his instance and setting out the nature of the restraint.

(3) Where the person restrained is unable for any reason to make the witness statement or affidavit required by paragraph (2) the witness statement or affidavit may be made by some other person on his behalf and that witness statement or affidavit must state that the person restrained is unable to make the witness statement or affidavit himself and for what reason.

Power of Court to whom application made without notice being served on any other partyE+W

Rule 2—(1) The Court or judge to whom an application under rule 1 is made without notice being served on any other party may make an order forthwith for the writ to issue, or may—

(a)where the application is made to a judge otherwise than in court, direct the issue of a claim form seeking the writ, or that an application therefor be made by claim form to a Divisional Court or to a judge in court;

(b)where the application is made to a judge in court, adjourn the application so that notice thereof may be given, or direct that an application be made by claim form to a Divisional Court;

(c)where the application is made to a Divisional Court, adjourn the application so that notice thereof may be given.

(2) The claim form must be served on the person against whom the issue of the writ is sought and on such other persons as the Court or judge may direct, and, unless the Court or judge otherwise directs, there must be at least 8 clear days between the service of the claim form and the date named therein for the hearing of the application.

Copies of witness statement or affidavits to be suppliedE+W

Rule 3  Every party to an application under rule 1 must supply to every other party on demand and on payment of the proper charges copies of the witness statement or affidavits which he proposes to use at the hearing of the application.

Power to order release of person restrainedE+W

Rule 4—(1) Without prejudice to rule 2 (1), the Court or judge hearing an application for a writ of habeas corpus ad subjiciendum may in its or his discretion order that the person restrained be released, and such order shall be a sufficient warrant to any governor of a prison, constable or other person for the release of the person under restraint.

(2) Where such an application in criminal proceedings is heard by a judge and the judge does not order the release of the person restrained, he shall direct that the application be made by claim form to a Divisional Court of the Queen’s Bench Division.

Directions as to return to writE+W

Rule 5  Where a writ of habeas corpus ad subjiciendum is ordered to issue, the Court or judge by whom the order is made shall give directions as to the Court or judge before whom, and the date on which, the writ is returnable.

Service of writ and noticeE+W

Rule 6—(1) Subject to paragraphs (2) and (3), a writ of habeas corpus ad subjiciendum must be served personally on the person to whom it is directed.

(2) If it is not possible to serve such writ personally, or if it is directed to a governor of a prison or other public official, it must be served by leaving it with a servant or agent of the person to whom the writ is directed at the place where the person restrained is confined or restrained.

(3) If the writ is directed to more than one person, the writ must be served in manner provided by this rule on the person first named in the writ, and copies must be served on each of the other persons in the same manner as the writ.

(4) There must be served with the writ a notice (in Form No. 90 in the relevant Practice Direction) stating the Court or judge before whom and the date on which the person restrained is to be brought and that in default of obedience proceedings for committal of the party disobeying will be taken.

Return to the writE+W

Rule 7—(1) The return to a writ of habeas corpus ad subjiciendum must be indorsed on or annexed to the writ and must state all the causes of the detainer of the person restrained.

(2) The return may be amended, or another return substituted therefor, by permission of the Court or judge before whom the writ is returnable.

Procedure at hearing of writE+W

Rule 8  When a return to a writ of habeas corpus ad subjiciendum is made, the return shall first be read, and motion then made for discharging or remanding the person restrained or amending or quashing the return, and where that person is brought up in accordance with the writ, his counsel shall be heard first, then the counsel for the Crown, and then one counsel for the person restrained in reply.

Bringing up prisoner to give evidence, etc.E+W

Rule 9—(1) An application for a writ of habeas corpus ad testificandum or of habeas corpus ad respondendum must be made on witness statement or affidavit to a Judge F738....

(2) An application for an order to bring up a prisoner, otherwise than by writ of habeas corpus, to give evidence in any proceedings, civil or criminal, before any Court, tribunal or justice, must be made on witness statement or affidavit to a Judge F739....

Textual Amendments

Form of writE+W

Rule 10  A writ of habeas corpus must be in Form No. 89, 91 or 92 in the relevant Practice Direction, whichever is appropriate.

Applications relative to the custody, etc., of childE+W

Rule 11  An application by a parent or guardian of a child for a writ of habeas corpus ad subjiciendum relative to the custody, care or control of the child must be made in the Family Division, and this Order shall accordingly apply to such applications with the appropriate modifications.

RSC ORDER 55E+WAPPEALS TO HIGH COURT FROM COURT, TRIBUNAL OR PERSON: GENERAL

ApplicationE+W

F740Rule 1  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Court to hear appealE+W

F740Rule 2.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Bringing of appealE+W

F740Rule 3  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Service of notice of appeal and entry of appealE+W

F740Rule 4  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Date of hearing of appealE+W

F740Rule 5  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Amendment of grounds of appeal, etc.E+W

F740Rule 6  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Interlocutory applicationsE+W

F740Rule 6A  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Powers of Court hearing appealE+W

F740Rule 7  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Right of Minister, etc., to appear and be heardE+W

F740Rule 8  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

RSC ORDER 56E+WAPPEALS, ETC., TO HIGH COURT BY CASE STATED: GENERAL

Appeals from the Crown Court by case statedE+W

F741Rule 1  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Notice of entry of appealE+W

F741Rule 4  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Appeals relating to affiliation proceedings and care proceedingsE+W

F741Rule 4A  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Appeal from Magistrates' Court by case statedE+W

F741Rule 5  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Case stated by Magistrates' Court: filing case, etc.E+W

F741Rule 6  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Case stated by Ministers, tribunal, etc.E+W

F741Rule 7  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Application for order to state a caseE+W

F741Rule 8  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Signing and service of caseE+W

F741Rule 9  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Proceedings for determination of caseE+W

F741Rule 10  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Amendment of caseE+W

F741Rule 11  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Right of Minister to appear and be heardE+W

F741Rule 12  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

ExtraditionE+W

F741Rule 12A  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Interlocutory applicationsE+W

F741Rule 13  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F742RSC ORDER 57 DIVISIONAL COURT PROCEEDINGS, ETC.: SUPPLEMENTARY PROVISIONSE+W

Textual Amendments

ApplicationE+W

Rule 1  F742. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Entry of claimsE+W

Rule 2  F742. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Issue, etc., of claim formE+W

Rule 3  F742. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Filing of witness statement or affidavits and drawing up of ordersE+W

Rule 4  F742. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Issue of writsE+W

Rule 5  F742. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Custody of recordsE+W

Rule 6  F742. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

RSC ORDER 58E+WAPPEALS FROM MASTERS, REGISTRARS, REFEREES AND JUDGES

Appeals from certain decisions of Masters, etc. to Judge sitting in privateE+W

F743Rule 1  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Appeals from certain decisions of Masters, etc., to Court of AppealE+W

F743Rule 2  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Appeals from District JudgesE+W

F743Rule 3  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Appeals from Judge of the Technology and Construction CourtE+W

F743Rule 4  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

RSC ORDER 59E+WAPPEALS TO THE COURT OF APPEAL

Application of Order to appealsE+W

F744Rule 1  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Classes of case where permission to appeal is requiredE+W

F744Rule 1B  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Application of Order to applications for new trialE+W

F744Rule 2  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

InterpretationE+W

F744Rule 2A  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

General Provisions as to AppealsE+W

Who may exercise the powers of the Court of AppealE+W

F744Rule 2B  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Variation of timeE+W

F744Rule 2C  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Notice of appealE+W

F744Rule 3  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Time for appealingE+W

F744Rule 4  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Setting down appealE+W

F744Rule 5  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Respondent’s noticeE+W

F744Rule 6  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Amendment of notice of appeal and respondent’s noticeE+W

F744Rule 7  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Directions of the Court as to serviceE+W

F744Rule 8  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Documents to be filed by appellantE+W

F744Rule 9  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

General powers of the CourtE+W

F744Rule 10  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Powers of the Court as to new trialsE+W

F744Rule 11  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Evidence on appealE+W

F744Rule 12  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Non—disclosure of payment into CourtE+W

F744Rule 12A  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Stay of execution, etc.E+W

F744Rule 13  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Applications to Court of AppealE+W

F744Rule 14  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Extension of timeE+W

F744Rule 15  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Special Provisions as to Particular AppealsE+W

Appeal against decree nisiE+W

F744Rule 16  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Appeal against order for revocation of patentE+W

F744Rule 17  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Appeal from Patents Court on appeal from ComptrollerE+W

F744Rule 18  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Appeal from county courtE+W

F744Rule 19  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Appeals in cases of contempt of courtE+W

F744Rule 20  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Appeals from Social Security CommissionersE+W

F744Rule 21  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Appeals from Value Added Tax TribunalsE+W

F744Rule 22  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Dismissal of patient’s appeal by consentE+W

F744Rule 23  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Appeals from Immigration Appeals TribunalE+W

F744Rule 24  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Appeals from Special CommissionersE+W

F744Rule 25  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

RSC ORDER 60E+WAPPEALS TO COURT OF APPEAL FROM THE RESTRICTIVE PRACTICES COURT

Appeal to be brought by notice of appealE+W

F745Rule 1  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Service of notice of appealE+W

F745Rule 2  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Entry, etc. of appealE+W

F745Rule 3  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Powers of Court of AppealE+W

F745Rule 4  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

RSC ORDER 61E+WAPPEALS FROM TRIBUNALS TO COURT OF APPEAL BY CASE STATED

Statement of case by Lands TribunalE+W

F746Rule 1  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Statement of case by other tribunalsE+W

F746Rule 2  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Proceedings on case statedE+W

F746Rule 3  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F747RSC ORDER 62E+WCOSTS

Textual Amendments

APPENDIX 3E+WFixed Costs

F747...

Part IIE+W

Costs on judgment without trial for possession of landE+W

F7471  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7472.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part IIIE+WMiscellaneous

F747...

RSC ORDER 64E+WSITTINGS, VACATIONS AND OFFICE HOURS

Divisional Court business during vacationE+W

Rule 4  Proceedings which require to be immediately or promptly heard and which by virtue of the following provisions must be brought in a Divisional Court may, in vacation, be brought before a single judge:

(a)Order 52, rules 1 (2) and 3 (1);

F748(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F749(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F749(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F749Sch. 1 RSC Order 64 rule 4(c)(d) revoked (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rule 1(b), Sch. 8 (with rule 39(b)) (as amended by S.I. 2000/940, rules 1, 2)

F750RSC ORDER 51E+WRECEIVERS: EQUITABLE EXECUTION

Textual Amendments

Order to apply to High Court and County CourtsE+W

F750Rule A1  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appointment of receiver by way of equitable executionE+W

F750Rule 1  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Masters etc. may appoint receiverE+W

F750Rule 2  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application of rules as to appointment of receiver, etc.E+W

F750Rule 3  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F751RSC ORDER 70E+WApplication of rules as to appointment of receiver, etc.

Textual Amendments

Interpretation and exercise of jurisdictionE+W

F751Rule 1  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application for orderE+W

F751Rule 2  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application by Treasury Solicitor in certain casesE+W

F751Rule 3.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Person to take and manner of taking examinationE+W

F751Rule 4  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Dealing with depositionE+W

F751Rule 5  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Claim to privilegeE+W

F751Rule 6  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F752RSC ORDER 71E+WRECIPROCAL ENFORCEMENT OF JUDGMENTS AND ENFORCEMENT OF EUROPEAN COMMUNITY JUDGMENTS AND RECOMMENDATIONS ETC. UNDER THE MERCHANT SHIPPING (LINER CONFERENCES) ACT 1982

Textual Amendments

I. Reciprocal Enforcement: the Administration of Justice Act 1920(2) and the Foreign Judgments (Reciprocal Enforcement) Act 1933E+W

Powers under relevant Acts exercisable by judge or masterE+W

F752Rule 1  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application for registrationE+W

F752Rule 2  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Evidence in support of applicationE+W

F752Rule 3  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Security for costsE+W

F752Rule 4  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Order for registrationE+W

F752Rule 5  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Register of judgmentsE+W

F752Rule 6  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notice of registrationE+W

F752Rule 7  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application to set aside registrationE+W

F752Rule 9  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Issue of executionE+W

F752Rule 10  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Determination of certain questionsE+W

F752Rule 11  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rules to have effect subject to Orders in CouncilE+W

F752Rule 12  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Certified copy of High Court judgmentE+W

F752Rule 13  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

II. Enforcement of European Community JudgmentsE+W

InterpretationE+W

F752Rule 15  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Functions under Order in Council exercisable by judge or masterE+W

F752Rule 16  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application for registration of Community judgment, etc.E+W

F752Rule 17  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Evidence in support of applicationE+W

F752Rule 18  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Register of judgments and ordersE+W

F752Rule 19  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notice of registrationE+W

F752Rule 20  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Issue of executionE+W

F752Rule 21  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application to vary or cancel registrationE+W

F752Rule 22  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application for registration of suspension orderE+W

F752Rule 23  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application for enforcement of Euratom inspection orderE+W

F752Rule 24  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

III. Reciprocal Enforcement: the Civil Jurisdiction and Judgments Act 1982E+W

InterpretationE+W

F752Rule 25  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Assignment of business and exercise of powersE+W

F752Rule 26  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application for registrationE+W

F752Rule 27  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Evidence in support of applicationE+W

F752Rule 28  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Security for costsE+W

F752Rule 29  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Order for registrationE+W

F752Rule 30  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Register of judgments registered under s.4 of the Act of 1982E+W

F752Rule 31  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notice of registrationE+W

F752Rule 32  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

AppealsE+W

F752Rule 33  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Issue of executionE+W

F752Rule 34  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application for recognitionE+W

F752Rule 35  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enforcement of High Court judgments in other Contracting StatesE+W

F752Rule 36  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enforcement of United Kingdom judgments in other parts of the United Kingdom: money provisionsE+W

F752Rule 37  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enforcement of United Kingdom judgments in other parts of the United Kingdom: non-money provisionsE+W

F752Rule 38  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Register of United Kingdom judgmentsE+W

F752Rule 39  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Authentic Instruments and Court SettlementsE+W

F752Rule 39A  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

IV. Enforcement of Recommendations etc. Under the Merchant Shipping (Liner Conferences) Act 1982E+W

Exercise of powersE+W

F752Rule 40  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application for registrationE+W

F752Rule 41  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Evidence in support of applicationE+W

F752Rule 42  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Order for registrationE+W

F752Rule 43  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Register of recommendations etc.E+W

F752Rule 44  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

V. RECIPROCAL ENFORCEMENT: COUNCIL REGULATION (EC) NO. 44/2001 OF 22ND DECEMBER 2000 ON JURISDICTION AND THE RECOGNITION AND ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERSE+W

InterpretationE+W

F752Rule 45.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Assignment of business and exercise of powersE+W

F752Rule 46.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application for registrationE+W

F752Rule 47.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Evidence in support of applicationE+W

F752Rule 48.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Order for registrationE+W

F752Rule 49.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Register of judgments registered under the Judgments RegulationE+W

F752Rule 50.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notice of registrationE+W

F752Rule 51.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

AppealsE+W

F752Rule 52.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

EnforcementE+W

F752Rule 53.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application for recognitionE+W

F752Rule 54.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enforcement of High Court Judgments in other Regulation StatesE+W

F752Rule 55.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Register of certificatesE+W

F752Rule 56.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Authentic instruments and court settlementsE+W

F752Rule 57.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

RSC ORDER 74E+WAPPLICATIONS AND APPEALS UNDER THE MERCHANT SHIPPING ACT 1995

Assignment of proceedingsE+W

F753Rule 1  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Appeals and re-hearingsE+W

F753Rule 2  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

RSC ORDER 77E+WPROCEEDINGS BY AND AGAINST THE CROWN

Application and interpretationE+W

F754Rule 1  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Transfer of proceedingsE+W

F754Rule 2  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Particulars to be included in claim formE+W

F754Rule 3  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Service on the CrownE+W

F754Rule 4  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Counterclaim and set-offE+W

F754Rule 6  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Summary judgmentE+W

F754Rule 7  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Summary applications to the Court in certain revenue mattersE+W

F754Rule 8  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Joinder of [F755Commissioners for HM Revenue and Customs] E+W

F754Rule 8A  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F755Words in RSC Order 77 rule 8A substituted (1.10.2005) by The Civil Procedure (Amendment No.3) Rules 2005 (S.I. 2005/2292), rules 1(c), 53

Judgment in defaultE+W

F754Rule 9  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Third party noticesE+W

F754Rule 10  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Interpleader: application for order against CrownE+W

F754Rule 11  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Disclosure and further informationE+W

F754Rule 12  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Place of trialE+W

F754Rule 13  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

EvidenceE+W

F754Rule 14  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Execution and satisfaction of ordersE+W

F754Rule 15  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Attachment of debts, etc.E+W

F754Rule 16  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Proceedings relating to postal packetsE+W

F754Rule 17  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Applications under ss.17 and 29 of Crown Proceedings ActE+W

F754Rule 18  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

RSC ORDER 79E+WCRIMINAL PROCEEDINGS

Estreat of recognizancesE+W

Rule 8—(1) No recognizance acknowledged in or removed into the Queen’s Bench Division shall be estreated without the order of a judge.

(2) Every application to estreat a recognizance in the Queen’s Bench Division must be made by claim form and will be heard by a judge F756...and must be supported by a witness statement or affidavit showing in what manner the breach has been committed and proving that the claim form was duly served.

(2A) When it issues the claim form the court will fix a date for the hearing of the application.

(3) A claim form under this rule must be served at least 2 clear days before the day named therein for the hearing.

(4) On the hearing of the application the judge may, and if requested by any party shall, direct any issue of fact in dispute to be tried by a jury.

(5) If it appears to the judge that a default has been made in performing the conditions of the recognizance, the judge may order the recognizance to be estreated.

Textual Amendments

F756Words in Sch. 1 RSC Order 79 rule 8(2) omitted (26.4.1999) by virtue of The Civil Procedure (Amendment) Rules 1999 (S.I. 1999/1008), rules 1, 62(f)

BailE+W

Rule 9—(1) Subject to the provisions of this rule, every application to the High Court in respect of bail in any criminal proceeding—

(a)where the defendant is in custody, must be made by claim form to a judge F757... to show cause why the defendant should not be granted bail;

(b)where the defendant has been admitted to bail, must be made by claim form to a judge F757... to show cause why the variation in the arrangements for bail proposed by the applicant should not be made.

(2) Subject to paragraph (5), the claim form (in Form No. 97 or 97A in the relevant practice direction) must, at least 24 hours before the day named therein for the hearing, be served—

(a)where the application was made by the defendant, on the prosecutor and on the Director of Public Prosecutions, if the prosecution is being carried on by him;

(b)where the application was made by the prosecutor or a constable under section 3 (8) of the Bail Act 1976(68), on the defendant.

(3) Subject to paragraph (5), every application must be supported by witness statement or affidavit.

(4) Where a defendant in custody who desires to apply for bail is unable through lack of means to instruct a solicitor, he may give notice in writing to the [F758court] stating his desire to apply for bail and requesting that the official solicitor shall act for him in the application, and the [F759court may] assign the official solicitor to act for the applicant accordingly.

(5) Where the official solicitor has been so assigned the [F760court may] dispense with the requirements of paragraphs (1) to (3) and deal with the application in a summary manner.

(6) Where the [F761court] grants the defendant bail, the order must be in Form No. 98 in the relevant Practice Direction and a copy of the order shall be transmitted forthwith—

(a)where the proceedings in respect of the defendant have been transferred to the Crown Court for trial or where the defendant has been committed to the Crown Court to be sentenced or otherwise dealt with, to the appropriate officer of the Crown Court;

(b)in any other case, to the [F762[F763designated officer] for] the court which committed the defendant.

(6A) The recognizance of any surety required as a condition of bail granted as aforesaid may, where the defendant is in a prison or other place of detention, be entered into before the governor or keeper of the prison or place as well as before the persons specified in section 8 (4) of the Bail Act 1976.

(6B) Where under section 3 (5) or (6) of the Bail Act 1976(69) [F764the court] imposes a requirement to be complied with before a person’s release on bail, [F765it] may give directions as to the manner in which and the person or persons before whom the requirement may be complied with.

(7) A person who in pursuance of an order for the grant of bail made by [F766the court] under this rule proposes to enter into a recognizance or give security must, unless [F767the court] otherwise directs, give notice (in Form No. 100 in the relevant Practice Direction) to the prosecutor at least 24 hours before he enters into the recognizance or complies with the requirements as aforesaid.

(8) Where in pursuance of such an order as aforesaid a recognizance is entered into or requirement complied with before any person, it shall be the duty of that person to cause the recognizance or, as the case may be, a statement of the requirement complied with to be transmitted forthwith—

(a)where the proceedings in respect of the defendant have been transferred to the Crown Court for trial or where the defendant has been committed to the Crown Court to be sentenced or otherwise dealt with, to the appropriate officer of the Crown Court;

(b)in any other case, to the [F768[F769designated officer] for] the court which committed the defendant

and a copy of such recognizance or statement shall at the same time be sent to the governor or keeper of the prison or other place of detention in which the defendant is detained, unless the recognizance was entered into or the requirement complied with before such governor or keeper.

(10) An order F770... varying the arrangements under which the defendant has been granted bail shall be in Form 98A in the relevant practice direction and a copy of the order shall be transmitted forthwith—

(a)where the proceedings in respect of the defendant have been transferred to the Crown Court for trial or where the defendant has been committed to the Crown Court to be sentenced or otherwise dealt with, to the appropriate officer of the Crown Court;

(b)in any other case, to the [F771[F772designated officer] for] the court which committed the defendant.

(11) Where in pursuance of an order of [F773the High Court or the Crown Court] a person is released on bail in any criminal proceeding pending the determination of an appeal to the High Court or House of Lords or an application for [F774a quashing order], then, upon the abandonment of the appeal or application, or upon the decision of the High Court or House of Lords being given, any justice (being a justice acting for the same petty sessions area as the magistrates' court by which that person was convicted or sentenced) may issue process for enforcing the decision in respect of which such appeal or application was brought or, as the case may be, the decision of the High Court or House of Lords.

(12) If an applicant to the High Court in any criminal proceedings is refused bail F775..., the applicant shall not be entitled to make a fresh application for bail to any other judge or to a Divisional Court.

(13) The record required by section 5 of the Bail Act 1976(70) to be made by the High Court shall be made by including in the file relating to the case in question a copy of the relevant order of the Court and shall contain the particulars set out in Form No. 98 or 98A in the relevant Practice Direction, whichever is appropriate, except that in the case of a decision to withhold bail the record shall be made by inserting a statement of the decision on the Court’s copy of the relevant claim form and including it in the file relating to the case in question.

(14) In the case of a person whose return or surrender is sought under the Extradition Act 1989(71), this rule shall apply as if references to the defendant were references to that person and references to the prosecutor were references to the State seeking the return or surrender of that person.

Textual Amendments

F762Words in Sch. 1 RSC Order 79 rule 9(6)(b) substituted (1.4.2001) by The Civil Procedure (Amendment) Rules 2001 (S.I. 2001/256), rules 1(b), 22

F768Words in Sch. 1 RSC Order 79 rule 9(8)(b) substituted (1.4.2001) by The Civil Procedure (Amendment) Rules 2001 (S.I. 2001/256), rules 1(b), 22

F771Words in Sch. 1 RSC Order 79 rule 9(10)(b) substituted (1.4.2001) by The Civil Procedure (Amendment) Rules 2001 (S.I. 2001/256), rules 1(b), 22

F774Words in Sch. 1 RSC Order 79 rule 9(11) substituted (1.5.2004) by The Civil Procedure (Amendment No. 5) Rules 2003 (S.I. 2003/3361), rules 1(d), 30

Issue of witness summonses, etc.E+W

F776Rule 10  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F776Sch. 1 RSC Order 79 rules 10, 11 omitted (26.4.1999) by virtue of The Civil Procedure (Amendment) Rules 1999 (S.I. 1999/1008), rules 1, 41

Application for warrant to arrest witnessE+W

F776Rule 11  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F776Sch. 1 RSC Order 79 rules 10, 11 omitted (26.4.1999) by virtue of The Civil Procedure (Amendment) Rules 1999 (S.I. 1999/1008), rules 1, 41

F777RSC ORDER 81E+WPARTNERS

Textual Amendments

Claims by and against firms within jurisdictionE+W

F777Rule 1  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Disclosure of partners' namesE+W

F777Rule 2  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Acknowledgment of service in a claim against firmE+W

F777Rule 4  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enforcing judgment or order against firmE+W

F777Rule 5  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enforcing judgment or order in actions between partners, etc.E+W

F777Rule 6  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Attachment of debts owed by firmE+W

F777Rule 7  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application to person carrying on business in another nameE+W

F777Rule 9  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Applications for orders charging partner’s interest in partnership property, etc.E+W

F777Rule 10  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F778RSC ORDER 82E+W DEFAMATION CLAIMS

Textual Amendments

ApplicationE+W

Rule 1  F778. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Indorsement of claim in libel claimE+W

Rule 2  .F778 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Obligation to give particularsE+W

Rule 3  F778. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Ruling on meaningE+W

Rule 3A  F778. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Provisions as to payment into CourtE+W

Rule 4  F778. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Statement in open CourtE+W

Rule 5  .F778 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Further information not allowed in certain casesE+W

Rule 6  F778. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Fulfilment of offer of amends under s.4 of the Defamation Act 1952E+W

Rule 8  F778. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F779RSC ORDER 85E+WADMINISTRATION AND SIMILAR ACTIONS

Textual Amendments

InterpretationE+W

F779Rule 1  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Determination of questions, etc., without administrationE+W

F779Rule 2  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PartiesE+W

F779Rule 3  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Judgments and orders in administration claimsE+W

F779Rule 5  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Conduct of sale of trust propertyE+W

F779Rule 6  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F780RSC ORDER 87E+WDEBENTURE HOLDERS' CLAIMS : RECEIVER'S REGISTER

Textual Amendments

Receiver’s registerE+W

F780Rule 1  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Registration of transfers, etc.E+W

F780Rule 2  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application for rectification of receiver’s registerE+W

F780Rule 3  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Receiver’s register evidence of transfers, etc.E+W

F780Rule 4  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Proof of title of holder of bearer debenture, etc.E+W

F780Rule 5  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Requirements in connection with paymentsE+W

F780Rule 6  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

RSC ORDER 88E+WMORTGAGE CLAIMS

Application and InterpretationE+W

F781Rule 1  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Assignment of certain actions to Chancery DivisionE+W

F781Rule 2  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement of claimE+W

F781Rule 3  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Claim for possession: failure by a defendant to acknowledge serviceE+W

F781Rule 4  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Claim in Chancery Division for possession or payment: evidenceE+W

F781Rule 5  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Claim for the enforcement of charging order by saleE+W

F782Rule 5A  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F782Sch. 1 RSC Order 88 rule 5A revoked (25.3.2002) by The Civil Procedure (Amendment No. 4) Rules 2001 (S.I. 2001/2792), rule 1(c), Sch. 5 (with savings in rule 24 and S.I. 2001/4015, rules 1(c), 43(2)

Foreclosure in redemption claimE+W

F783Rule 7  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

RSC ORDER 91E+WREVENUE PROCEEDINGS

Assignment to Chancery Division, etc.E+W

F784Rule 1  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Appeal under section 222 of the Inheritance Tax Act 1984E+W

F784Rule 2  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Setting down case stated under Taxes Management Act 1970E+W

F784Rule 3  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Case stated: notice to be given of certain mattersE+W

F784Rule 4  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Appeals under section 53 and 100C (4) of the Taxes Management Act 1970E+W

F784Rule 5  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Appeals under section 56A of the Taxes Management Act 1970, section 225 of the Inheritance Tax Act 1984 and regulation 10 of the Stamp Duty Reserve Tax Regulations 1986E+W

F784Rule 5A  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Appeals from value added tax tribunalsE+W

F784Rule 6  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F785RSC ORDER 92E+WLODGMENT, INVESTMENT, ETC., OF FUNDS IN COURT: CHANCERY DIV ISION

Textual Amendments

Payment into court by life assurance companyE+W

F785Rule 1  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Payment into court under Trustee Act 1925E+W

F785Rule 2  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Payments into court under section 26, Banking Act 1987E+W

F785Rule 3A  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notice of lodgmentE+W

F785Rule 4  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Applications with respect to funds in courtE+W

F785Rule 5  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

RSC ORDER 93E+WAPPLICATIONS AND APPEALS TO HIGH COURT UNDER VARIOUS ACTS: CHANCERY DIVISION

Notice of petition under section 55 of National Debt Act 1870(72)E+W

F786Rule1  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F786Sch. 1 RSC Order 93 rule 1 revoked (2.10.2006) by The Civil Procedure (Amendment) Rules 2006 (S.I. 2006/1689), rules 1, 12(b)

Application under Public Trustee Act 1906(73)E+W

F787Rule 2  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Proceedings under Trustee Act 1925(74)E+W

F788Rule 4  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F788Sch. 1 RSC Order 93 rule 4 revoked (1.10.2007) by The Civil Procedure (Amendment) Rules 2007 (S.I. 2007/2204), rules 1, 20(a)

Application under section 2(3) of Public Order Act 1936(75)E+W

F789Rule 5  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F789Sch. 1 RSC Order 93 rule 5 revoked (1.10.2007) by The Civil Procedure (Amendment) Rules 2007 (S.I. 2007/2204), rules 1, 20(a)

Application under Variation of Trusts Act 1958(76)E+W

F790Rule 6  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F790Sch. 1 RSC Order 93 rule 6 revoked (2.12.2002) by The Civil Procedure (Amendment) Rules 2002 (S.I. 2002/2058), rule 1(b), Sch. 10

Right of appeal under Law of Property ActE+W

F791Rule 9  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F791Sch. 1 RSC Order 93 rule 9 revoked (1.10.2007) by The Civil Procedure (Amendment) Rules 2007 (S.I. 2007/2204), rules 1, 20(a)

Determination of appeal or case stated under various ActsE+W

F792Rule 10  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F792Sch. 1 RSC Order 93 rule 10 revoked (1.10.2007) by The Civil Procedure (Amendment) Rules 2007 (S.I. 2007/2204), rules 1, 20(a)

Appeal under section 17 of Industrial Assurance Act 1923(77)E+W

F793Rule11  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F793Sch. 1 RSC Order 93 rule 11 revoked (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rule 1(b), Sch. 8 (with rule 39(b)) (as amended by S.I. 2000/940, rules 1, 2)

Appeals, etc., affecting industrial and provident societies, etc.E+W

F794Rule12  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F794Sch. 1 RSC Order 93 rule 12 revoked (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rule 1(b), Sch. 8 (with rule 39(b)) (as amended by S.I. 2000/940, rules 1, 2)

Application under section 19 or 27 of Leasehold Reform Act 1967(78)E+W

F795Rule 15  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F795Sch. 1 RSC Order 93 rule 15 revoked (15.10.2001) by The Civil Procedure (Amendment) Rules 2001 (S.I. 2001/256), rule 1(d), Sch. 3

Proceedings under the Commons Registration Act 1965(79)E+W

F796Rule16  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F796Sch. 1 RSC Order 93 rules 16-19 revoked (1.10.2007) by The Civil Procedure (Amendment) Rules 2007 (S.I. 2007/2204), rules 1, 20(a)

Proceedings under section 21 or 25 of the Law of Property Act 1969(80)E+W

F796Rule 17  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F796Sch. 1 RSC Order 93 rules 16-19 revoked (1.10.2007) by The Civil Procedure (Amendment) Rules 2007 (S.I. 2007/2204), rules 1, 20(a)

Proceedings under section 86 of the Civil Aviation Act 1982(81)E+W

F796Rule 18  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F796Sch. 1 RSC Order 93 rules 16-19 revoked (1.10.2007) by The Civil Procedure (Amendment) Rules 2007 (S.I. 2007/2204), rules 1, 20(a)

Proceedings under s.85 (7) of the Fair Trading Act 1973(82) and the Control of Misleading Advertisements Regulations 1988(83)E+W

F796Rule 19  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F796Sch. 1 RSC Order 93 rules 16-19 revoked (1.10.2007) by The Civil Procedure (Amendment) Rules 2007 (S.I. 2007/2204), rules 1, 20(a)

Proceedings under section 50 of the Administration of Justice Act 1985(84)E+W

F797Rule 20  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Proceedings under section 48 of the Administration of Justice Act 1985E+W

F798Rule 21  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F798Sch. 1 RSC Order 93 rule 21 revoked (2.12.2002) by The Civil Procedure (Amendment) Rules 2002 (S.I. 2002/2058), rule 1(b), Sch. 10

Proceedings under [F799the Financial Services and Markets Act 2000] E+W

F800Rule 22  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F799Words in Sch. 1 RSC Order 93 rule 22 heading substituted (14.1.2002) by The Civil Procedure (Amendment No. 5) Rules 2001 (S.I. 2001/4015), rules 1(a), 38(a)(i)

F800Sch. 1 RSC Order 93 rule 22 revoked (6.4.2007) by The Civil Procedure (Amendment No.3) Rules 2006 (S.I. 2006/3435), rules 1, 15(a)

Proceedings under the Banking Act 1987(85)E+W

F801Rule 23  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F801Sch. 1 RSC Order 93 rule 23 omitted (14.1.2002) by virtue of The Civil Procedure (Amendment No. 5) Rules 2001 (S.I. 2001/4015), rules 1(a), 38(b)

RSC ORDER 94E+WAPPLICATIONS AND APPEALS TO HIGH COURT UNDER VARIOUS ACTS: QUEEN'S BENCH DIVISION

Jurisdiction of High Court to quash certain orders, schemes, etc.E+W

F802Rule 1  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F802 Sch. 1 RSC Order 94 rules 1-3 revoked (6.4.2007) by The Civil Procedure (Amendment No.3) Rules 2006 (S.I. 2006/3435), rules 1, 15(b)

Filing and service of claim formE+W

F802Rule 2  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F802 Sch. 1 RSC Order 94 rules 1-3 revoked (6.4.2007) by The Civil Procedure (Amendment No.3) Rules 2006 (S.I. 2006/3435), rules 1, 15(b)

Filing of witness statement or affidavits, etc.E+W

F802Rule 3  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F802 Sch. 1 RSC Order 94 rules 1-3 revoked (6.4.2007) by The Civil Procedure (Amendment No.3) Rules 2006 (S.I. 2006/3435), rules 1, 15(b)

Rectification of register of deeds of arrangementE+W

F803Rule 4  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F803Sch. 1 RSC Order 94 rule 4 revoked (1.10.2007) by The Civil Procedure (Amendment) Rules 2007 (S.I. 2007/2204), rules 1, 20(b)

Exercise of jurisdiction under Representation of the People ActsE+W

F804Rule 5  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F804Sch. 1 RSC Order 94 rule 5 revoked (1.10.2007) by The Civil Procedure (Amendment) Rules 2007 (S.I. 2007/2204), rules 1, 20(b)

Appeal to High Court where Court’s decision is finalE+W

F805Rule 6  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F805Sch. 1 RSC Order 94 rule 6 revoked (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rule 1(b), Sch. 8 (with rule 39(b)) (as amended by S.I. 2000/940, rules 1, 2)

Reference of question of law by Agricultural Land TribunalE+W

F806Rule 7  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F806Sch. 1 RSC Order 94 rule 7 revoked (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rule 1(b), Sch. 8 (with rule 39(b)) (as amended by S.I. 2000/940, rules 1, 2)

Tribunals and Inquiries Act 1992(86): appeal from tribunalE+W

F807Rule 8  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F807Sch. 1 RSC Order 94 rule 8 revoked (1.10.2007) by The Civil Procedure (Amendment) Rules 2007 (S.I. 2007/2204), rules 1, 20(b)

Tribunals and Inquiries Act 1992: case stated by tribunalE+W

F808Rule 9  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F808Sch. 1 RSC Order 94 rule 9 revoked (1.10.2007) by The Civil Procedure (Amendment) Rules 2007 (S.I. 2007/2204), rules 1, 20(b)

Tribunals and Inquiries Act 1971(87): appeal from Minister of TransportE+W

F809Rule 10  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F809Sch. 1 RSC Order 94 rule 10 revoked (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rule 1(b), Sch. 8 (with rule 39(b)) (as amended by S.I. 2000/940, rules 1, 2)

Consumer Credit Act 1974(88): appeal from Secretary of StateE+W

F810Rule 10A  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F810Sch. 1 RSC Order 94 rule 10A omitted (2.5.2000) by virtue of The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rule 1(b), Sch. 8 (with rule 39(b)) (as amended by S.I. 2000/940, rules 1, 2)

Case stated by Mental Health Review TribunalE+W

F811Rule 11  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F811Sch. 1 RSC Order 94 rule 11 revoked (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rule 1(b), Sch. 8 (with rule 39(b)) (as amended by S.I. 2000/940, rules 1, 2)

Applications for permission under section 289 (6) of the Town and Country Planning Act 1990(89) and section 65 (5) of the Planning (Listed Buildings and Conservation Areas) Act 1990(90)E+W

F812Rule 12  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F812Sch. 1 RSC Order 94 rule 12 revoked (1.10.2007) by The Civil Procedure (Amendment) Rules 2007 (S.I. 2007/2204), rules 1, 20(b)

Proceedings under sections 289 and 290 of the Town and Country Planning Act 1990 and under section 65 of the Planning (Listed Buildings and Conservation Areas) Act 1990E+W

F813Rule 13  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F813Sch. 1 RSC Order 94 rule 13 revoked (1.10.2007) by The Civil Procedure (Amendment) Rules 2007 (S.I. 2007/2204), rules 1, 20(b)

Applications under section 13 Coroners Act 1988(91)E+W

F814Rule 14  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F814Sch. 1 RSC Order 94 rule 14 revoked (6.4.2007) by The Civil Procedure (Amendment No.3) Rules 2006 (S.I. 2006/3435), rules 1, 15(b)

Applications under section 42, Supreme Court Act 1981(92)E+W

F815Rule 15  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F815Sch. 1 RSC Order 94 rule 15 revoked (6.4.2007) by The Civil Procedure (Amendment No.3) Rules 2006 (S.I. 2006/3435), rules 1, 15(b)

Proceedings under the Protection from Harassment Act 1997E+W

F816Rule 16  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F816Sch. 1 RSC Order 94 rule 16 revoked (30.6.2004) by The Civil Procedure (Amendment) Rules 2004 (S.I. 2004/1306), rules 1(b), 21(b)

RSC ORDER 95E+WBILLS OF SALE ACTS 1878(93) AND 1882(94) AND THE INDUSTRIAL AND PROVIDENT SOCIETIES ACT 1967(95)

Rectification of registerE+W

F817Rule 1  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F817Sch. 1 RSC Order 95 rule 1 revoked (1.10.2007) by The Civil Procedure (Amendment) Rules 2007 (S.I. 2007/2204), rules 1, 20(c)

Entry of satisfactionE+W

F818Rule 2  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F818 Sch. 1 RSC Order 95 rule 2 revoked (6.4.2007) by The Civil Procedure (Amendment No.3) Rules 2006 (S.I. 2006/3435), rules 1, 15(c)

Restraining removal on sale of goods seizedE+W

F819Rule 3  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Search of registerE+W

F820Rule 4  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F820Sch. 1 RSC Order 95 rules 4-6 revoked (1.10.2007) by The Civil Procedure (Amendment) Rules 2007 (S.I. 2007/2204), rules 1, 20(c)

Application under section 1 (5) of the Industrial and Provident Societies Act 1967(96)E+W

F820Rule 5  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F820Sch. 1 RSC Order 95 rules 4-6 revoked (1.10.2007) by The Civil Procedure (Amendment) Rules 2007 (S.I. 2007/2204), rules 1, 20(c)

Assignment of book debtsE+W

F820Rule 6  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F820Sch. 1 RSC Order 95 rules 4-6 revoked (1.10.2007) by The Civil Procedure (Amendment) Rules 2007 (S.I. 2007/2204), rules 1, 20(c)

F821RSC ORDER 96E+WTHE MINES (WORKING FACILITIES AND SUPPORT) ACT 1966(97), ETC.

Textual Amendments

Assignment to Chancery DivisionE+W

F821Rule 1  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Reference by Secretary of State of certain applicationsE+W

F822F821Rule 2  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F822Sch. 1 RSC Order 96 rules 2-8 revoked (6.4.2007) by The Civil Procedure (Amendment No.3) Rules 2006 (S.I. 2006/3435), rules 1, 15(d)

Issue of claim formE+W

F822F821Rule 3  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F822Sch. 1 RSC Order 96 rules 2-8 revoked (6.4.2007) by The Civil Procedure (Amendment No.3) Rules 2006 (S.I. 2006/3435), rules 1, 15(d)

Appointment for directionsE+W

F822F821Rule 4  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F822Sch. 1 RSC Order 96 rules 2-8 revoked (6.4.2007) by The Civil Procedure (Amendment No.3) Rules 2006 (S.I. 2006/3435), rules 1, 15(d)

Objections to applicationE+W

F822F821Rule 5  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F822Sch. 1 RSC Order 96 rules 2-8 revoked (6.4.2007) by The Civil Procedure (Amendment No.3) Rules 2006 (S.I. 2006/3435), rules 1, 15(d)

List of objectorsE+W

F822F821Rule 6  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F822Sch. 1 RSC Order 96 rules 2-8 revoked (6.4.2007) by The Civil Procedure (Amendment No.3) Rules 2006 (S.I. 2006/3435), rules 1, 15(d)

Directions on further hearingE+W

F822F821Rule 7  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F822Sch. 1 RSC Order 96 rules 2-8 revoked (6.4.2007) by The Civil Procedure (Amendment No.3) Rules 2006 (S.I. 2006/3435), rules 1, 15(d)

Other applicationsE+W

F822F821Rule 8  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F822Sch. 1 RSC Order 96 rules 2-8 revoked (6.4.2007) by The Civil Procedure (Amendment No.3) Rules 2006 (S.I. 2006/3435), rules 1, 15(d)

RSC ORDER 97E+WTHE LANDLORD AND TENANT ACTS 1927(98), 1954(99) AND 1987(100)

InterpretationE+W

F823Rule 1  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Assignment of proceedings to Chancery Division, etc.E+W

F823Rule 2  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Issue, etc., of claim formE+W

F823Rule 3  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Claim for compensation in respect of improvementE+W

F823Rule 4  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Proceedings under Part I of Act of 1927E+W

F823Rule 5  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Application for new tenancy under section 24 of Act of 1954E+W

F823Rule 6  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Application to authorise agreementE+W

F823Rule 6A  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Evidence on application under section 24 of Act of 1954E+W

F823Rule 7  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Parties to certain proceedingsE+W

F823Rule 8  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Order dismissing application under section 24 which is successfully opposedE+W

F823Rule 9  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Application to determine interim rentE+W

F823Rule 9A  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Other applications under Part II of Act of 1954E+W

F823Rule 10  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Transfer of proceedings from county courtE+W

F823Rule 11  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Application for relief under section 16, etc., of the Act of 1954E+W

F823Rule 12  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Evidence of rateable valueE+W

F823Rule 13  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Application under section 19 of the Act of 1987E+W

F823Rule 14  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Application for order under section 24 of the Act of 1987E+W

F823Rule 15  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Application for acquisition order under section 29 of the Act of 1987E+W

F823Rule 16  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Application for order under section 38 or section 40 of the Act of 1987E+W

F823Rule 17  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Service of notices in proceedings under the Act of 1987E+W

F823Rule 18  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Tenants' associationsE+W

F823Rule 19  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

RSC ORDER 98E+WLOCAL GOVERNMENT FINANCE ACT 1982(101), PART III

InterpretationE+W

F824Rule 1  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Application by auditor for declarationE+W

F824Rule 2  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Appeal against decision of auditorE+W

F824Rule 3  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

General provisionsE+W

F824Rule 4  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F825RSC ORDER 99E+WINHERITANCE (PROVISION FOR FAMILY AND DEPENDANTS) ACT 1975

Textual Amendments

Order to apply to High Court and County CourtE+W

F825Rule A1  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

InterpretationE+W

F825Rule 1  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Assignment to Chancery or Family Division if proceedings in High CourtE+W

F825Rule 2  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application for financial provisionE+W

F825Rule 3  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Powers of Court as to partiesE+W

F825Rule 4  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Witness statement or affidavit in answerE+W

F825Rule 5  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Separate representationE+W

F825Rule 6  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Endorsement of memorandum on grantE+W

F825Rule 7  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Disposal of proceedings in privateE+W

F825Rule 8  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Subsequent applications in proceedings under section 1E+W

F825Rule 9  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Drawing up and service of ordersE+W

F825Rule 10  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

RSC ORDER 101E+WTHE PENSIONS APPEAL TRIBUNALS ACT 1943

Assignment to Queen’s Bench DivisionE+W

F826Rule 1  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Construction of reference to judgeE+W

F826Rule 2  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Application for permission to appealE+W

F826Rule 3  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

AppealE+W

F826Rule 4  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F827RSC ORDER 106E+WPROCEEDINGS RELATING TO SOLICITORS: THE SOLICITORS ACT 1974(102)

Textual Amendments

InterpretationE+W

F827Rule 1  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Jurisdiction under Part III of ActE+W

F827Rule 2  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to order solicitor to deliver cash account, etc.E+W

F827Rule 3  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Certificate to be submitted with solicitor’s application for detailed assessmentE+W

F827Rule 5A  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Applications under Schedule 1 to ActE+W

F827Rule 6  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Defendants to applications under Schedule 1 to ActE+W

F827Rule 7  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interim order restricting payment out of banking accountE+W

F827Rule 8  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Adding parties, etc.E+W

F827Rule 9  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Service of documentsE+W

F827Rule 10  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Constitution of Divisional Court to hear appealsE+W

F827Rule 11  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Title, service, etc., of notice of appealE+W

F827Rule 12  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Law Society to produce certain documentsE+W

F827Rule 13  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Restriction on requiring security for costsE+W

F827Rule 14  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Disciplinary committee’s opinion may be requiredE+W

F827Rule 15  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Persons entitled to be heard on appealE+W

F827Rule 16  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Discontinuance of appealE+W

F827Rule 17  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F828RSC ORDER 108E+WPROCEEDINGS RELATING TO CHARITIES: THE CHARITIES ACT 1993

Textual Amendments

InterpretationE+W

F828Rule 1  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Assignment to Chancery DivisionE+W

F828Rule 2  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application for permission to appeal or to take charity proceedingsE+W

F828Rule 3  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application for enforcement of order or direction of CommissionersE+W

F828Rule 4  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appeal against order, etc., of CommissionersE+W

F828Rule 5  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Service on CommissionersE+W

F828Rule 6  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

RSC ORDER 109E+WTHE ADMINISTRATION OF JUSTICE ACT 1960(103)

Applications under ActE+W

Rule 1—(1) Any of the following applications, that is to say—

(a)an application under section 2 of the Administration of Justice Act 1960, or under that section as applied by section 13 of that Act, to extend the time within which an application may be made to a Divisional Court for permission to appeal to the House of Lords under section 1 of that Act, or section 13 thereof, from an order or decision of that Court, and

(b)an application by a defendant under section 9 (3) of that Act to a Divisional Court for permission to be present on the hearing of any proceedings preliminary or incidental to an appeal to the House of Lords under section 1 of that Act from a decision of that Court

must be made to a Divisional Court except in vacation when it may be made to a judge F829...

(2) Any such application to a Divisional Court, if not made in the proceedings before the Divisional Court from whose order or decision the appeal in question is brought, must be made by the issue of a claim form F830....

(3) Any such application to a judge F831... must, in the case of such an application as is referred to in paragraph (1)(a) be made by the issue of a claim form and, in the case of such an application as is referred to in paragraph (1)(b) need not be served on any other person unless, in the latter case, the judge otherwise directs.

(4) No application notice or copy of the claim form (as the case may be) by which such an application as is referred to in paragraph (1)(b) is made, need be given to any party affected thereby unless the Divisional Court otherwise directs.

(5) Where any application to which this rule applies is made in vacation to a single judge and the judge refuses the application, the applicant shall be entitled to have the application determined by a Divisional Court.

Textual Amendments

Appeals under section 13 of ActE+W

Rule 2—(1) An appeal to a Divisional Court of the High Court under section 13 of the Administration of Justice Act 1960, shall be heard and determined by a Divisional Court of the Queen’s Bench Division.

F832(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Unless the Court gives permission, there shall be not more than 4 clear days between the date on which the order or decision appealed against was made and the day named in the notice of appeal for the hearing of the appeal.

(5) The notice must be served, and the appeal entered, not less than one clear day before the day named in the notice for the hearing of the appeal.

Textual Amendments

F832Sch. 1 RSC Order 109 rule 2(3) omitted (2.5.2000) by virtue of The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rules 1(b), 29(a)

Release of appellant on bailE+W

Rule 3—(1) Where, in the case of an appeal under section 13 of the Administration of Justice Act 1960, to a Divisional Court or to the House of Lords from a Divisional Court, the appellant is in custody, the High Court may order his release on his giving security (whether by recognizance, with or without sureties, or otherwise and for such reasonable sum as the Court may fix) for his appearance, within 10 days after the judgment of the Divisional Court or, as the case may be, of the House of Lords, on the appeal before the court from whose order or decision the appeal is brought unless the order or decision is reversed by that judgment.

(2) Order 79, rule 9 (1) to (6) and (8) shall apply in relation to an application to the High Court for bail pending an appeal under the said section 13 to which this rule applies, and to the admission of a person to bail in pursuance of an order made on the application, as they apply in relation to an application to that Court for bail in criminal proceedings, and to the admission of a person to bail in pursuance of an order made on the application, but with the substitution, for references to the defendant, of references to the appellant, and, for references to the prosecutor, of references to the court officer of the court from whose order or decision the appeal is brought and to the parties to the proceedings in that court who are directly affected by the appeal.

[F833Release of appellant on bail by the Court of AppealE+W

Rule 4—(1) Where, in the case of an appeal under section 13 of the Administration of Justice Act 1960 to the Court of Appeal or to the House of Lords from the Court of Appeal, the appellant is in custody, the Court of Appeal may order his release on his giving security (whether by recognisance, with or without sureties, or otherwise and for such reasonable sum as that court may fix) for his appearance within 10 days after the judgment of the Court of Appeal or, as the case may be, of the House of Lords on the appeal shall have been given, before the court from whose order or decision the appeal is brought unless the order or decision is reversed by that judgment.

(2) An application for the release of a person under paragraph (1) pending an appeal to the Court of Appeal or House of Lords under the said section 13 must be made in accordance with CPR Part 23, and the application notice must, at least 24 hours before the day named therein for the hearing, be served on the court from whose order or decision the appeal is brought and on all parties to the proceedings in that court who are directly affected by the appeal.

(3) Order 79, rules 9(6), (6A), (6B) and (8) shall apply in relation to the grant of bail under this rule by the Court of Appeal in a case of criminal contempt of court as they apply in relation to the grant of bail in criminal proceedings by the High Court, but with the substitution for references to a judge of references to the Court of Appeal and for references to the defendant of references to the appellant.

(4) When granting bail under this rule in a case of civil contempt of court, the Court of Appeal may order that the recognisance or other security to be given by the appellant or the recognisance of any surety shall be given before any person authorised by virtue of section 119(1) of the Magistrates' Courts Act 1980 to take a recognisance where a magistrates' court having power to take it has, instead of taking it, fixed the amount in which the principal and his sureties, if any, are to be bound. An order by the Court of Appeal granting bail as aforesaid must be in Form 98 in the relevant practice direction with the necessary adaptations.

(5) Where in pursuance of an order of the Court of Appeal under paragraph (4) of this rule a recognisance is entered into or other security given before any person, it shall be the duty of that person to cause the recognisance of the appellant or any surety or, as the case may be, a statement of the other security given, to be transmitted forthwith to the [F834[F835designated officer] for] the court which committed the appellant; and a copy of such recognisance or statement shall at the same time be sent to the governor or keeper of the prison or other place of detention in which the appellant is detained, unless the recognisance or security was given before such governor or keeper.

(6) The powers conferred on the Court of Appeal by paragraphs (1), (3) and (4) of this rule may be exercised by a single judge.]

Textual Amendments

F836RSC ORDER 110E+WENVIRONMENTAL CONTROL PROCEEDINGS

Textual Amendments

Injunctions to prevent environmental harmE+W

F836Rule 1  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

RSC ORDER 111E+WTHE SOCIAL SECURITY ADMINISTRATION ACT 1992

Judge by whom appeals and references to be heardE+W

F837Rule 1  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F837  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F837  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F837  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F837  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F838RSC ORDER 112E+W[F839APPLICATIONS FOR USE OF SCIENTIFIC TESTS IN DETERMINING PARENTAGE]

Textual Amendments

InterpretationE+W

F838Rule 1  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application for directionE+W

F838Rule 2  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Applications involving children under 16 and patientsE+W

F838Rule 3  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Addition as a party of person to be testedE+W

F838Rule 4  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Service of direction and adjournment of proceedingsE+W

F838Rule 5  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Service of copy reportE+W

F838Rule 6  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

RSC ORDER 113E+WSUMMARY PROCEEDINGS FOR POSSESSION OF LAND

Proceedings to be brought by claim formE+W

F840Rule 1  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Jurisdiction of MastersE+W

F840Rule 1A  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Forms of claim formE+W

F840Rule 2  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Witness statement or affidavit in supportE+W

F840Rule 3  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Service of claim formE+W

F840Rule 4  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Application by occupier to be made a partyE+W

F840Rule 5  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Order for possessionE+W

F840Rule 6  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Writ of possessionE+W

Rule 7—(1) Order 45, rule 3 (2) shall not apply in relation to an order for possession [F841in a possession claim against trespassers under Part 55] but no writ of possession to enforce such an order shall be issued after the expiry of three months from the date of the order without the permission of the Court.

An application for permission may be made without notice being served on any other party unless the Court otherwise directs.

(2) The writ of possession shall be in Form No. 66A.

Textual Amendments

Setting aside orderE+W

F842Rule 8  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F843RSC ORDER 114E+WREFERENCES TO THE EUROPEAN COURT

Textual Amendments

InterpretationE+W

F843Rule 1  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Making of orderE+W

F843Rule 2  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Schedule to order to set out request for rulingE+W

F843Rule 3  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Stay of proceedings pending rulingE+W

F843Rule 4  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transmission of order to the European CourtE+W

F843Rule 5  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appeals from orders made by High CourtE+W

F843Rule 6  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

RSC ORDER 115E+WCONFISCATION AND FORFEITURE IN CONNECTION WITH CRIMINAL PRO CEEDINGS

I. Drug Trafficking Act 1994(104) and Criminal Justice (International Co-operation) Act 1990(105)E+W

InterpretationE+W

Rule 1—(1) In this Part of this Order, “The Act” means the Drug Trafficking Act 1994 and a section referred to by number means the section so numbered in the Act.

(2) Expressions used in this Part of this Order which are used in the Act have the same meanings in this Part of this Order as in the Act and include any extended meaning given by the Criminal Justice (Confiscation) (Northern Ireland) Order 1990.

Assignment of proceedingsE+W

Rule 2  Subject to rule 12, the jurisdiction of the High Court under the Act shall be exercised by a judge of the Chancery Division or of the Queen’s Bench Division F844....

Textual Amendments

Title of proceedingsE+W

Rule 2A  An application made in accordance with CPR Part 23, or a claim form issued in relation to proceedings under this Part of this Order shall be entitled in the matter of the defendant, naming him, and in the matter of the Act, and all subsequent documents in the matter shall be so entitled.

Application for confiscation orderE+W

Rule 2B—(1) An application by the prosecutor for a confiscation order under section 19 shall be made in accordance with CPR Part 23 where there have been proceedings against the defendant in the High Court, and shall otherwise be made by the issue of a claim form.

(2) The application shall be supported by a witness statement or affidavit giving full particulars of the following matters—

(a)the grounds for believing that the defendant has died or absconded;

(b)the date or approximate date on which the defendant died or absconded;

(c)where the application is made under section 19 (2), the offence or offences of which the defendant was convicted, and the date and place of conviction;

(d)where the application is made under section 19 (4), the proceedings which have been initiated against the defendant (including particulars of the offence and the date and place of institution of those proceedings); and

(e)where the defendant is alleged to have absconded, the steps taken to contact him.

(3) The prosecutor’s statement under section 11 shall be exhibited to the witness statement or affidavit and shall include the following particulars—

(a)the name of the defendant;

(b)the name of the person by whom the statement is given;

(c)such information known to the prosecutor as is relevant to the determination whether the defendant has benefited from drug trafficking and to the assessment of the value of his proceeds of drug trafficking.

(4) Unless the Court otherwise orders, a witness statement or affidavit under paragraph (2) may contain statements of information and belief, with their sources and grounds.

(5) The application and the witness statement or affidavit in support shall be served not less than 7 days before the date fixed for the hearing of the application on—

(a)the defendant (or on the personal representatives of a deceased defendant);

(b)any person who the prosecutor reasonably believes is likely to be affected by the making of a confiscation order; and

(c)the receiver, where one has been appointed in the matter.

Application for restraint order or charging orderE+W

Rule 3—(1) An application for a restraint order under section 26 or for a charging order under section 27 (to either of which may be joined an application for the appointment of a receiver) may be made by the prosecutor by the issue of a claim form, notice of which need not be served on any other party.

(2) An application under paragraph (1) shall be supported by a witness statement or affidavit, which shall—

(a)give the grounds for the application; and

(b)to the best of the witness’s ability, give full particulars of the realisable property in respect of which the order is sought and specify the person or persons holding such property.

(3) Unless the Court otherwise directs, a witness statement or affidavit under paragraph (2) may contain statements of information or belief with the sources and grounds thereof.

Restraint order and charging orderE+W

Rule 4—(1) A restraint order may be made subject to conditions and exceptions, including but not limited to conditions relating to the indemnifying of third parties against expenses incurred in complying with the order, and exceptions relating to living expenses and legal expenses of the defendant, but the prosecutor shall not be required to give an undertaking to abide by any order as to damages sustained by the defendant as a result of the restraint order.

(2) Unless the Court otherwise directs, a restraint order made where notice of it has not been served on any person shall have effect until a day which shall be fixed for the hearing where all parties may attend on the application and a charging order shall be an order to show cause, imposing the charge until such day.

(3) Where a restraint order is made the prosecutor shall serve copies of the order and of the witness statement or affidavit in support on the defendant and on all other named persons restrained by the order and shall notify all other persons or bodies affected by the order of its terms.

(4) Where a charging order is made the prosecutor shall serve copies of the order and of the witness statement or affidavit in support on the defendant and, where the property to which the order relates is held by another person, on that person and shall serve a copy of the order on such of the persons or bodies [F845specified in CPR rule 73.5(1)(c) to (e)] as shall be appropriate.

Textual Amendments

Discharge or variation of orderE+W

Rule 5—(1) Any person or body on whom a restraint order or a charging order is served or who is notified of such an order may make an application in accordance with CPR Part 23 to discharge or vary the order.

(2) The [F846application notice] and any witness statement or affidavit in support shall be lodged with the court and served on the prosecutor and, where he is not the applicant, on the defendant, not less than two clear days before the date fixed for the hearing of the [F847application].

(3) Upon the court being notified that proceedings for the offences have been concluded or that the amount, payment of which is secured by a charging order has been paid into court, any restraint order or charging order, as the case may be, shall be discharged.

(4) The Court may also discharge a restraint order or a charging order upon receiving notice from the prosecutor that it is no longer appropriate for the restraint order or the charging order to remain in place.

Textual Amendments

Further application by prosecutorE+W

Rule 6—(1) Where a restraint order or a charging order has been made the prosecutor may apply by an application in accordance with CPR Part 23 with notice or, where the case is one of urgency or the giving of notice would cause a reasonable apprehension of dissipation of assets, without notice—

(a)to vary such order, or

(b)for a restraint order or a charging order in respect of other realisable property, or

(c)for the appointment of a receiver.

(2) An application under paragraph (1) shall be supported by a witness statement or affidavit which, where the application is for a restraint order or a charging order, shall to the best of the witness’s ability give full particulars of the realisable property in respect of which the order is sought and specify the person or persons holding such property.

(3) The application and witness statement or affidavit in support shall be lodged with the court and served on the defendant and, where one has been appointed in the matter, on the receiver, not less than two clear days before the date fixed for the hearing of the [F848application].

(4) Rule 4 (3) and (4) shall apply to the service of restraint orders and charging orders respectively made under this rule on persons other than the defendant.

Textual Amendments

Realisation of propertyE+W

Rule 7—(1) An application by the prosecutor under section 29 shall, where there have been proceedings against the defendant in the High Court, be made by an application in accordance with CPR Part 23 and shall otherwise be made by the issue of a claim form

(2) The application notice or claim form, as the case may be, shall be served with the evidence in support not less than 7 days before the date fixed for the hearing of the application or claim on:—

(a)the defendant,

(b)any person holding any interest in the realisable property to which the application relates, and

(c)the receiver, where one has been appointed in the matter.

(3) The application shall be supported by a witness statement or affidavit, which shall, to the best of the witness’s ability, give full particulars of the realisable property to which it relates and specify the person or persons holding such property, and a copy of the confiscation order, of any certificate issued by the Crown Court under section 5 (2) and of any charging order made in the matter shall be exhibited to such witness statement or affidavit.

(4) The Court may, on an application under section 29—

(a)exercise the power conferred by section 30 (2) to direct the making of payments by a receiver;

(b)give directions in respect of the property interests to which the application relates; and

(c)make declarations in respect of those interests.

ReceiversE+W

Rule 8—(1) Subject to the provisions of this rule, the provisions of [F849CPR Part 69] shall apply where a receiver is appointed in pursuance of a charging order or under sections 26 or 29.

(2) Where the receiver proposed to be appointed has been appointed receiver in other proceedings under the Act, it shall not be necessary for a witness statement or affidavit of fitness to be sworn or for the receiver to give security, unless the Court otherwise orders.

(3) Where a receiver has fully paid the amount payable under the confiscation order and any sums remain in his hands, he shall make an application to the court for directions in accordance with CPR Part 23, as to the distribution of such sums.

(4) An application under paragraph (3) shall be served with any evidence in support not less than 7 days before the date fixed for the hearing of the application on:—

(a)the defendant, and

(b)any other person who held property realised by the receiver.

(5) A receiver may apply for an order to discharge him from his office by making an application in accordance with CPR Part 23, which shall be served, together with any evidence in support, on all persons affected by his appointment not less than 7 days before the day fixed for the hearing of the application.

Textual Amendments

F849Words in Sch. 1 RSC Order 115 rule 8(1) substituted (2.12.2002) by The Civil Procedure (Amendment) Rules 2002 (S.I. 2002/2058), rules 1(b), 32

Certificate of inadequacyE+W

Rule 9—(1) The defendant or a receiver appointed under section 26 or 29 or in pursuance of a charging order may apply in accordance with CPR Part 23 for a certificate under section 17 (1).

(2) An application under paragraph (1) shall be served with any supporting evidence not less than 7 days before the date fixed for the hearing of the application on the prosecutor and, as the case may be, on either the defendant or the receiver (where one has been appointed).

Certificate under section 16E+W

Rule 9A  An application under section 16 (2) (increase in realisable property) shall be served with any supporting evidence not less than 7 days before the date fixed for the hearing of the application on the defendant and, as the case may be, on either the prosecutor or (where one has been appointed in the matter) on the receiver.

CompensationE+W

Rule 10  An application for an order under section 18 shall be made in accordance with CPR Part 23, which shall be served, with any supporting evidence, on the person alleged to be in default and on the relevant authority under section 18 (5) not less than 7 days before the date fixed for the hearing of the application.

Disclosure of informationE+W

Rule 11—(1) An application by the prosecutor under section 59 shall be made in accordance with CPR Part 23 and the application notice shall state the nature of the order sought and whether material sought to be disclosed is to be disclosed to a receiver appointed under section 26 or 29 or in pursuance of a charging order or to a person mentioned in section 59 (8).

(2) The application notice and witness statement or affidavit in support shall be served on the authorised Government Department in accordance with Order 77, rule 4 not less than 7 days before the date fixed for the hearing of the application.

(3) The witness statement or affidavit in support of an application under paragraph (1) shall state the grounds for believing that the conditions in section 59 (4) and, if appropriate, section 59 (7) are fulfilled.

Compensation for, discharge and variation of confiscation orderE+W

Rule 11A—(1) An application under section 21, 22 or 23 shall be made in accordance with CPR Part 23 which, together with any evidence in support, shall be lodged with the Court and served on the prosecutor not less than 7 days before the day fixed for the hearing of the application.

(2) Notice shall also be served on any receiver appointed in pursuance of a charging order or under section 26 or 29.

(3) An application for an order under section 22 shall be supported by a witness statement or affidavit giving details of—

(a)the confiscation order made under section 19 (4);

(b)the acquittal of the defendant;

(c)the realisable property held by the defendant; and

(d)the loss suffered by the applicant as a result of the confiscation order.

(4) An application for an order under section 23 shall be supported by a witness statement or affidavit giving details of—

(a)the confiscation order made under section 19 (4);

(b)the date on which the defendant ceased to be an absconder;

(c)the date on which proceedings against the defendant were instituted and a summary of the steps taken in the proceedings since then; and

(d)any indication given by the prosecutor that he does not intend to proceed against the defendant.

(5) An application made under section 21 shall be supported by a witness statement or affidavit giving details of—

(a)the confiscation order made under section 19(4);

(b)the circumstances in which the defendant ceased to be an absconder; and

(c)the amounts referred to in section 21 (2).

(6) Where an application is made for an order under section 23 (3) or 24 (2)(b), the witness statement or affidavit shall also include—

(a)details of the realisable property to which the application relates; and

(b)details of the loss suffered by the applicant as a result of the confiscation order.

(7) Unless the Court otherwise orders, a witness statement or affidavit under paragraphs (3) to (6) may contain statements of information and belief, with the sources and grounds thereof.

Exercise of powers under sections 37 and 40E+W

Rule 12  The powers conferred on the High Court by sections 37 and 40 may be exercised by a judge [F850or] a master of the Queen’s Bench Division.

Textual Amendments

Application for registrationE+W

Rule 13  An application for registration of an order specified in an Order in Council made under section 37 or of an external confiscation order under section 40 (1) must be made in accordance with CPR Part 23, and may be made without notice.

Evidence in support of application under section 37E+W

Rule 14  An application for registration of an order specified in an Order in Council made under section 37 must be made in accordance with CPR Part 23, and be supported by a witness statement or affidavit—

(i)exhibiting the order or a certified copy thereof, and

(ii)stating, to the best of the witness’s knowledge, particulars of what property the person against whom the order was made holds in England and Wales, giving the source of the witness’s knowledge.

Evidence in support of application under section 40 (1)E+W

Rule 15—(1) An application for registration of an external confiscation order must be made in accordance with CPR Part 23, and be supported by a witness statement or affidavit—

(a)exhibiting the order or a verified or certified or otherwise duly authenticated copy thereof and, where the order is not in the English language, a translation thereof into English certified by a notary public or authenticated by witness statement or affidavit, and

(b)stating—

(i)that the order is in force and is not subject to appeal,

(ii)where the person against whom the order was made did not appear in the proceedings, that he received notice thereof in sufficient time to enable him to defend them,

(iii)in the case of money, either that at the date of the application the sum payable under the order has not been paid or the amount which remains unpaid, as may be appropriate, or, in the case of other property, the property which has not been recovered, and

(iv)to the best of the witness’s knowledge, particulars of what property the person against whom the order was made holds in England and Wales, giving the source of the witness’s knowledge.

(2) Unless the Court otherwise directs, a witness statement or affidavit for the purposes of this rule may contain statements of information or belief with the sources and grounds thereof.

Register of ordersE+W

Rule 16—(1) There shall be kept in the Central Office under the direction of the Master of the Crown Office a register of the orders registered under the Act.

(2) There shall be included in such register particulars of any variation or setting aside of a registration and of any execution issued on a registered order.

Notice of registrationE+W

Rule 17—(1) Notice of the registration of an order must be served on the person against whom it was obtained by delivering it to him personally or by sending it to him at his usual or last known address or place of business or in such other manner as the Court may direct.

[F851(2) Permission is not required to serve such a notice out of the jurisdication and CPR rules 6.24, 6.25 and 6.29 shall apply in relation to such notice as they apply in relation to a claim form.]

Textual Amendments

F851Sch. 1 RSC Order 115 rule 17(2) substituted (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rules 1(b), 31

Application to vary or set aside registrationE+W

Rule 18  An application made in accordance with CPR Part 23 by the person against whom an order was made to vary or set aside the registration of an order must be made to a judge and be supported by witness statement or affidavit.

Enforcement of orderE+W

Rule 19—(2) If an application is made under rule 18, an order shall not be enforced until after such application is determined.

Variation, satisfaction and discharge of registered orderE+W

Rule 20  Upon the court being notified by the applicant for registration that an order which has been registered has been varied, satisfied or discharged, particulars of the variation, satisfaction or discharge, as the case may be, shall be entered in the register.

Rules to have effect subject to Orders in CouncilE+W

Rule 21  Rules 12 to 20 shall have effect subject to the provisions of the Order in Council made under section 37 or, as the case may be, of the Order in Council made under section 39.

Criminal Justice (International Co-operation) Act 1990: external forfeiture ordersE+W

Rule 21A  The provisions of this Part of this Order shall, with such modifications as are necessary and subject to the provisions of any Order in Council made under section 9 of the Criminal Justice (International Co-operation) Act 1990(106), apply to proceedings for the registration and enforcement of external forfeiture orders as they apply to such proceedings in relation to external confiscation orders.

For the purposes of this rule, an external forfeiture order is an order made by a court in a country or territory outside the United Kingdom which is enforceable in the United Kingdom by virtue of any such Order in Council.

II. Part VI of the Criminal Justice Act 1988(107)E+W

InterpretationE+W

Rule 22—(1) In this Part of this Order, “the 1988 Act” means the Criminal Justice Act 1988 and a section referred to by number means the section so numbered in that Act.

(2) Expressions which are used in this Part of this Order which are used in the 1988 Act have the same meanings in this Part of this Order as in the 1988 Act and include any extended meaning given by the Criminal Justice (Confiscation) (Northern Ireland) Order 1990.

Application of Part I of Order 115E+W

Rule 23  Part I of Order 115 (except rule 11) shall apply for the purposes of proceedings under Part VI of the 1988 Act with the necessary modifications and, in particular,—

(a)references to drug trafficking offences and to drug trafficking shall be construed as references to offences to which Part VI of the 1988 Act applies and to committing such an offence;

(b)references to the Drug Trafficking Act 1994 shall be construed as references to the 1988 Act and references to sections 5 (2), 26, 27, 29, 30 (2), 17 (1), 18, 18 (5), 39 and 40 of the 1994 Act shall be construed as references to sections 73 (6), 77, 78, 80, 81, 81 (1), 83 (1), 89, 89 (5), 96 and 97 of the 1988 Act respectively;

(c)rule 3 (2) shall have effect as if the following sub-paragraphs were substituted for sub-paragraphs (a) and (b)—

“(a)state, as the case may be, either that proceedings have been instituted against the defendant for an offence to which Part VI of the 1988 Act applies (giving particulars of the offence) and that they have not been concluded or that, whether by the laying of an information or otherwise, a person is to be charged with such an offence;

(b)state, as the case may be, either that a confiscation order has been made or the grounds for believing that such an order may be made;”

(d)rule 7 (3) shall have effect as if the words “certificate issued by a magistrates' court or the Crown Court” were substituted for the words “certificate issued by the Crown Court”;

(e)rule 8 shall have effect as if the following paragraph were added at the end—

“(6)Where a receiver applies in accordance with CPR Part 23 for the variation of a confiscation order, the application notice shall be served, with any supporting evidence, on the defendant and any other person who may be affected by the making of an order under section 83 of the 1988 Act, not less than 7 days before the date fixed for the hearing of the application.;”

(f)rule 11 shall apply with the necessary modifications where an application is made under section 93J of the 1988 Act for disclosure of information held by government departments.

[F852III: TERRORISM ACT 2000]E+W

Textual Amendments

F852Sch. 1 RSC Order 115 Section 3 heading substituted (31.5.2001) by The Civil Procedure (Amendment No. 2) Rules 2001 (S.I. 2001/1388), rules 1(c), 16(a)

InterpretationE+W

Rule 24  In this Part of this Order—

(a)“the Act” means [F853Terrorism Act 2000];

(b)“Schedule 4” means Schedule 4 to the Act; F854...

[F855(ba)“the prosecutor” means the person with conduct of proceedings which have been instituted in England and Wales for an offence under any of sections 15 to 18 of the Act, or the person who the High Court is satisfied will have the conduct of [F856any proceedings] for such an offence; and]

(c)[F857other] expressions used have the same meanings as they have in [F858Schedule 4 to] the Act.

Textual Amendments

Assignment of proceedingsE+W

Rule 25—(1) Subject to paragraph (2), the jurisdiction of the High Court under the Act shall be exercised by a judge of the Queen’s Bench Division or of the Chancery Division F859...

(2) The jurisdiction conferred on the High Court by paragraph 9 of Schedule 4 may also be exercised by a master of the Queen’s Bench Division.

Textual Amendments

Application for restraint orderE+W

Rule 26—(1) An application for a restraint order under [F860paragraph 5] of Schedule 4 may be made by the prosecutor by a claim form, which need not be served on any person.

(2) An application under paragraph (1) shall be supported by a witness statement or affidavit, which shall:—

[F861(a)state, as the case may be, either—

(i)that proceedings have been instituted against a person for an offence under any of sections 15 to 18 of the Act and that they have not been concluded; or

(ii)that a criminal investigation has been started in England and Wales with regard to such an offence,

and in either case give details of the alleged or suspected offence and of the defendant’s involvement;]

(b)[F862where proceedings have been instituted,] state, as the case may be, that a forfeiture order has been made in the proceedings or the grounds for believing that such an order may be made;

[F863(ba)where proceedings have not been instituted—

(i)indicate the state of progress of the investigation and when it is anticipated that a decision will be taken on whether to institute proceedings against the defendant;

(ii)state the grounds for believing that a forfeiture order may be made in any proceedings against the defendant; and

(iii)verify that the prosecutor is to have the conduct of any such proceedings;]

(c)to the best of the witness’s ability, give full particulars of the property in respect of which the order is sought and specify the person or persons holding such property and any other persons having an interest in it;

F864(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F864(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) A claim form under paragraph (1) shall be entitled in the matter of the defendant, naming him, and in the matter of the Act, and all subsequent documents in the matter shall be so entitled.

(4) Unless the Court otherwise directs, a witness statement or affidavit under paragraph (2) may contain statements of information or belief with the sources and grounds thereof.

Textual Amendments

F864Sch. 1 RSC Order 115 rule 26(2)(d)(e) omitted (20.12.2001) by virtue of The Civil Procedure (Amendment No. 6) Rules 2001 (S.I. 2001/4016), rules 1, 2(b)(iv)

Restraint orderE+W

Rule 27—(1) A restraint order may be made subject to conditions and exceptions, including but not limited to conditions relating to the indemnifying of third parties against expenses incurred in complying with the order, and exceptions relating to living expenses and legal expenses of the defendant, but the prosecutor shall not be required to give an undertaking to abide by any order as to damages sustained by the defendant as a result of the restraint order.

(2) Unless the Court otherwise directs, a restraint order made without notice of [F865the application for] it being served on any person shall have effect until a day which shall be fixed for the hearing where all parties may attend on the application.

(3) Where a restraint order is made the prosecutor shall serve copies of the order and [F866, unless the court otherwise orders,] of the witness statement or affidavit in support on the defendant and on all other persons affected by the order.

Textual Amendments

Discharge or variation of orderE+W

Rule 28—(1) Subject to paragraph (2), an application to discharge or vary a restraint order shall be made in accordance with CPR Part 23.

(2) Where the case is one of urgency, an application under this rule by the prosecutor may be made without notice.

(3) The application and any witness statement or affidavit in support shall be lodged with the court and, where the application is made in accordance with CPR Part 23 the application notice shall be served on the following persons (other than the applicant)—

(a)the prosecutor;

(b)the defendant; and

(c)all other persons restrained or otherwise affected by the order;

not less than two clear days before the date fixed for the hearing of the application.

(4) Where a restraint order has been made and has not been discharged, the prosecutor shall notify the court when proceedings for the offence have been concluded, and the court shall thereupon discharge the restraint order.

(5) Where an order is made discharging or varying a restraint order, the applicant shall serve copies of the order of discharge or variation on all persons restrained by the earlier order and shall notify all other persons affected of the terms of the order of discharge or variation.

CompensationE+W

Rule 29  An application for an order under [F867paragraph 9 or 10 of Schedule 4] shall be made in accordance with CPR Part 23, and the application notice, shall be served, with any supporting evidence, on the person alleged to be in default and on [F868the person or body by whom compensation, if ordered, will be payable under paragraph 9(6) or 10(4)] not less than 7 days before the date fixed for the hearing of the application.

Textual Amendments

Application for registrationE+W

Rule 30  An application for registration of a Scottish order, a Northern Ireland order or an Islands order must be made in accordance with CPR Part 23 and may be made without notice.

Evidence in support of applicationE+W

Rule 31—(1) An application for registration of any such order as is mentioned in rule 30 must be supported by a witness statement or affidavit—

(a)exhibiting the order or a certified copy thereof, and

(b)which shall, to the best of the witness’s ability, give particulars of such property in respect of which the order was made as is in England and Wales, and specify the person or persons holding such property.

(2) Unless the Court otherwise directs, a witness statement or affidavit for the purposes of this rule may contain statements of information or belief with the sources and grounds thereof.

Register of ordersE+W

Rule 32—(1) There shall be kept in the Central Office under the direction of the Master of the [F869Administrative Court] a register of the orders registered under the Act.

(2) There shall be included in such register particulars of any variation or setting aside of a registration, and of any execution issued on a registered order.

Textual Amendments

Notice of registrationE+W

Rule 33—(1) Notice of the registration of an order must be served on the person or persons holding the property referred to in rule 31(1)(b) and any other persons appearing to have an interest in that property.

[F870(2) Permission is not required to serve such a notice out of the jurisdication and CPR rules 6.24, 6.25 and 6.29 shall apply in relation to such notice as they apply in relation to a claim form.]

Textual Amendments

F870Sch. 1 RSC Order 115 rule 33(2) substituted (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rules 1(b), 31

Application to vary or set aside registrationE+W

Rule 34  An application to vary or set aside the registration of an order must be made to a judge in accordance with CPR Part 23 and be supported by a witness statement or affidavit.

This rule does not apply to a variation or cancellation under rule 36.

Enforcement of orderE+W

Rule 35—(2) If an application is made under rule 34, an order shall not be enforced until after such application is determined.

(3) This rule does not apply to the taking of steps under [F871paragraph 7 or 8] of Schedule 4, as applied by [F872paragraph 13(6)] of that Schedule.

Textual Amendments

Variation and cancellation of registrationE+W

Rule 36  If effect has been given (whether in England or Wales or elsewhere) to a Scottish, Northern Ireland or Islands order, or if the order has been varied or discharged by the court by which it was made, the applicant for registration shall inform the court and—

(a)if such effect has been given in respect of all the money or other property to which the order applies, or if the order has been discharged by the court by which it was made, registration of the order shall be cancelled;

(b)if such effect has been given in respect of only part of the money or other property, or if the order has been varied by the court by which it was made, registration of the order shall be varied accordingly.

[F873Part IV International Criminal Court Act 2001: fines, forfeitures and reparation ordersE+W

Textual Amendments

InterpretationE+W

37.  In this Part of this Order—

(a)“the Act” means the International Criminal Court Act 2001;

(b)“the ICC” means the International Criminal Court;

(c)“an order of the ICC” means—

(i)a fine or forfeiture ordered by the ICC; or

(ii)an order by the ICC against a person convicted by the ICC specifying a reparation to, or in respect of, a victim.

Registration of ICC orders for enforcementE+W

38.—(1) An application to the High Court to register an order of the ICC for enforcement, or to vary or set aside the registration of an order, may be made to a judge or a Master of the Queen’s Bench Division.

(2) Rule 13 and rules 15 to 20 in Part I of this Order shall, with such modifications as are necessary and subject to the provisions of any regulations made under section 49 of the Act, apply to the registration for enforcement of an order of the ICC as they apply to the registration of an external confiscation order.]

[F874RSC ORDER 116E+WTHE CRIMINAL PROCEDURE AND INVESTIGATIONS ACT 1996

Textual Amendments

F874Sch. 1 RSC Order 116 inserted (26.4.1999) by The Civil Procedure (Amendment) Rules 1999 (S.I. 1999/1008), rules 1, 61, Appendix 1

ApplicationE+W

1.  This Order shall apply in relation to acquittals in respect of offences alleged to be committed on or after 15th April 1997.

InterpretationE+W

2.  In this Order, unless the context otherwise requires–

“the Act” means the Criminal Procedure and Investigations Act 1996;

“acquitted person” means a person whose acquittal of an offence is the subject of a certification under section 54(2) of the Act, and “acquittal” means the acquittal of that person of that offence;

“magistrates' court” has the same meaning as in section 148 of the Magistrates' Courts Act 1980;

“prosecutor” means the individual or body which acted as prosecutor in the proceedings which led to the acquittal;

“record of court proceedings” means–

(a)

(where the proceedings took place in the Crown Court) a transcript of the evidence, or

(b)

a note of the evidence made by the justices' clerk,

in the proceedings which led to the conviction for the administration of justice offence referred to in section 54(1)(b) of the Act or, as the case may be, the proceedings which led to the acquittal;

“single judge” means a judge of the Queen’s Bench Division;

“witness” means a witness whose evidence is contained in a witness statement or affidavit filed under rule 5, 7, 8 or 9.

Assignment of proceedingsE+W

3.  The jurisdiction of the High Court under section 54(3) of the Act shall be exercised by a single judge.

Time limit for making applicationE+W

4.  An application under section 54(3) of the Act shall be made not later than 28 days after–

(a)the expiry of the period allowed for appealing (whether by case stated or otherwise), or making an application for leave to appeal, against the conviction referred to in section 54(1)(b) of the Act; or

(b)where notice of appeal or application for leave to appeal against the conviction is given, the determination of the appeal or application for leave to appeal and, for this purpose, “determination” includes abandonment (within the meaning of rule 10 of the Criminal Appeal Rules 1968 or, as the case may be, rule 11 of the Crown Court Rules 1982).

ApplicationE+W

5.—(1) An application under section 54(3) of the Act shall be made by claim form which shall be issued out of the Crown Office by the prosecutor.

(2) The application shall be accompanied by–

(a)a witness statement or affidavit which deals with the conditions in section 55(1), (2) and (4) of the Act and which exhibits any relevant documents (which may include a copy of any record of court proceedings);

(b)a copy of the certification under section 54(2) of the Act.

Notice to the acquitted personE+W

6.—(1) The prosecutor shall, within 4 days of the issue of the application, serve written notice on the acquitted person that the application has been issued.

(2) The notice given under paragraph (1) shall–

(a)specify the date on which the application was issued;

(b)be accompanied by a copy of the application and of the documents which accompanied it;

(c)inform the acquitted person that–

(i)the result of the application may be the making of an order by the High Court quashing the acquittal, and

(ii)if he wishes to respond to the application, he must, within 28 days of the date of service on him of the notice, file in the Crown Office any witness statement or affidavit on which he intends to rely.

Witness statement or affidavit of service on an acquitted personE+W

7.  The prosecutor shall, as soon as practicable after service of the notice under rule 6, file at the Crown Office a witness statement or affidavit of service which exhibits a copy of the notice.

Response of acquitted personE+W

8.—(1) If the acquitted person wishes to respond to the application, he shall, within 28 days of service on him of notice under rule 6, file in the Crown Office a witness statement or affidavit which–

(a)deals with the conditions in section 55(1), (2) and (4) of the Act; and

(b)exhibits any relevant documents (which may include a copy of any record of court proceedings).

(2) The acquitted person shall, within 4 days of the filing of the documents mentioned in paragraph (1), serve copies of them on the prosecutor.

EvidenceE+W

9.—(1) A witness statement or affidavit filed under rule 5, 7, 8 or this rule may contain statements of information or belief with the sources and grounds thereof.

(2) The prosecutor may, not later than 10 days after expiry of the period allowed under rule 8(1), apply for an order granting permission to file further evidence without notice being served on any other party.

(3) If the single judge grants permission, the order shall specify a period within which further evidence or records are to be filed, and the Crown Office shall serve a copy of the order on the prosecutor and on the acquitted person.

(4) The prosecutor shall, within 4 days of filing further evidence in the Crown Office, serve a copy of that evidence on the acquitted person.

Determination of the applicationE+W

10.—(1) Subject to paragraph (3), the single judge shall determine whether or not to make an order under section 54(3) of the Act on the basis of the written material provided under rules 5, 7, 8 and 9 in the absence of the prosecutor, the acquitted person, or of any witness.

(2) The determination shall not be made, and any hearing under paragraph (3) shall not take place, before the expiry of–

(a)10 days after the expiry of the period allowed under rule 8(1), or

(b)10 days after the expiry of the period allowed by any order made under rule 9(3).

(3) The single judge may, of his own initiative or on the application of the prosecutor or acquitted person, order a hearing of the application if he thinks fit.

(4) An application under paragraph (3) shall state whether a hearing is desired in order for a deponent for the other party to attend and be cross-examined, and, if so, the reasons for wishing the witness to attend.

(5) An application under paragraph (3) shall be made no later than 7 days after the expiry of the period allowed–

(a)under rule 8(1), or

(b)by any order made under rule 9(3).

(6) Where a hearing is ordered, the single judge may, of his own initiative or on the application of the prosecutor or acquitted person, order a witness to attend in order to be cross-examined.

(7) The prosecutor or the acquitted person, as the case may be, shall within 4 days after filing the application under paragraph (3), serve a copy of it on the other party, and file in the Crown Office a witness statement or affidavit of service.

(8) A party served under paragraph (7) shall, within 5 days of service, file any representations he wishes to make as to whether or not a hearing should be ordered.

(9) Subject to paragraph (10) below–

(a)the single judge shall not determine an application for a hearing under paragraph (3) unless–

(i)a witness statement or affidavit of service has been filed as required by paragraph (7), and

(ii)the period for filing representations allowed under paragraph (8) has elapsed, or

(iii)representations have been filed under paragraph (8).

(b)The requirements imposed by sub-paragraph (a)(i) and (iii) are satisfied even though the witness statement or affidavit of service or, as the case may be, the representations are filed outside the time limits allowed.

(10) Where after an application for a hearing has been made–

(a)no witness statement or affidavit of service has been filed, and

(b)no representations under paragraph (8) have been received after the expiry of 7 days from the filing of the application,

the single judge may reject the application.

(11) Where after a hearing is ordered, either the prosecutor or the acquitted person desires a witness for the other party to attend the hearing in order to be cross-examined, he must apply for an order under paragraph (5) giving his reasons without notice being served on any other party.

(12) The Crown Office shall serve notice on the prosecutor and the acquitted person of any order made under the foregoing paragraphs of this rule and, where a hearing is ordered, the notice shall–

(a)set out the date, time and place of the hearing, and

(b)give details of any witness ordered to attend for cross-examination.

(13) A hearing ordered under paragraph (3) above shall be in public unless the single judge otherwise directs.

(14) the Crown Office shall serve notice of any order made under section 54(3) of the Act quashing the acquittal or of a decision not to make such an order on the prosecutor, the acquitted person and–

(a)where the court before which the acquittal or conviction occurred was a magistrates' court, on the [F875designated officer];

(b)where the court before which the acquittal or conviction occurred was the Crown Court, on the appropriate officer of the Crown Court sitting at the place where the acquittal or conviction occurred.]

Textual Amendments

Rule 50(4)

SCHEDULE 2E+W

Commencement Information

I370Sch. 2 in force at 26.4.1999, see Signature

CCR ORDER 1E+WCITATION, APPLICATION AND INTERPRETATION

Application of RSC to county court proceedingsE+W

Rule 6  Where by virtue of these rules or section 76 of the Act or otherwise any provision of the RSC is applied in relation to proceedings in a county court, that provision shall have effect with the necessary modifications and in particular—

(b)any reference in that provision to a master, district judge of the principal registry of the Family Division, the Admiralty registrar, or a district judge or taxing officer shall be construed as a reference to the district judge of the county court; and

(d)any reference in that provision to an office of the Supreme Court having the conduct of the business of a division or court or a district registry shall be construed as a reference to the county court office.

CCR ORDER 3E+WCOMMENCEMENT OF PROCEEDINGS

Appeals to county courtE+W

F876Rule 6  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

CCR ORDER 4E+WVENUE FOR BRINGING PROCEEDINGS

Proceedings relating to landE+W

F877Rule 3  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F878CCR ORDER 5E+WCAUSES OF ACTION AND PARTIES

Textual Amendments

Representative proceedingsE+W

F878F879Rule 5  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F879Sch. 2 CCR Order 5 rules 5-8 revoked (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rule 1(b), Sch. 8 (with rule 39(b)) (as amended by S.I. 2000/940, rules 1, 2)

Representation of person or classE+W

F878F879Rule 6  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F879Sch. 2 CCR Order 5 rules 5-8 revoked (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rule 1(b), Sch. 8 (with rule 39(b)) (as amended by S.I. 2000/940, rules 1, 2)

Representation of estate where no personal representativeE+W

F878F879Rule 7  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F879Sch. 2 CCR Order 5 rules 5-8 revoked (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rule 1(b), Sch. 8 (with rule 39(b)) (as amended by S.I. 2000/940, rules 1, 2)

Proceedings against estatesE+W

F878F879Rule 8  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F879Sch. 2 CCR Order 5 rules 5-8 revoked (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rule 1(b), Sch. 8 (with rule 39(b)) (as amended by S.I. 2000/940, rules 1, 2)

Partners may sue and be sued in firm nameE+W

F878Rule 9  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Defendant carrying on business in another nameE+W

F878Rule 10  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Failure to proceed after death of partyE+W

F878F880Rule 12  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Claim to money in court where change in parties after judgmentE+W

F878F880Rule 13  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Bankruptcy of claimantE+W

F878F880Rule 14  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

CCR ORDER 6E+WPARTICULARS OF CLAIM

Recovery of landE+W

F881Rule 3  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Mortgage claimE+W

F882Rule 5  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Mortgage claim—dwelling-houseE+W

F883Rule 5A  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Hire-purchaseE+W

F884Rule 6  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

CCR ORDER 7E+WSERVICE OF DOCUMENTS

Recovery of landE+W

F885Rule 15  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Mortgage possession claimsE+W

F885Rule 15A  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

CCR ORDER 13E+WAPPLICATIONS AND ORDERS IN THE COURSE OF PROCEEDINGS

General provisionsE+W

F886Rule 1  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

CCR ORDER 16E+WTRANSFER OF PROCEEDINGS

Interpleader proceedings under executionE+W

Rule 7—(1) This rule applies to interpleader proceedings under an execution which are ordered to be transferred from the High Court.

[F887(1A) In this rule references to the sheriff shall be interpreted as including references to an individual authorised to act as an enforcement officer under the Courts Act 2003.]

(2) Notice of the hearings or pre-trial review of the proceedings shall be given by the court officer to the sheriff as well as to every other party to the proceedings.

(3) The interpleader claimant shall, within 8 days of the receipt by him of the notice referred to in paragraph (2), file in triplicate particulars of any goods alleged to be his property and the grounds of his interpleader claim and the court officer shall send a copy to the execution creditor and to the sheriff, but the judge may hear the proceedings or, as the case may be, the district judge may proceed with the pre-trial review, if he thinks fit, notwithstanding that the particulars have not been filed.

(4) Subject to any directions in the order of the High Court, damages may be claimed against the execution creditor in the same manner as in interpleader proceedings commenced in a county court.

(5) On any day fixed for the pre-trial review of the proceedings or for the hearing of any application by the sheriff or other party for directions the court may order the sheriff—

(a)to postpone the sale of the goods seized;

(b)to remain in possession of such goods until the hearing of the proceedings; or

(c)to hand over possession of such goods to the district judge,

and, where a direction is given under sub-paragraph (c), the district judge shall be allowed reasonable charges for keeping possession of the goods, not exceeding those which might be allowed to the sheriff, and, if the district judge is directed to sell the goods, such charges for the sale as would be allowed under an execution issued by the county court.

(6) No order made in the proceedings shall prejudice or affect the rights of the sheriff to any proper charges and the judge may make such order with respect to them as may be just.

(7) The charges referred to in paragraphs (5) and (6) shall ultimately be borne in such manner as the judge shall direct.

(8) The order made at the hearing of the proceedings shall direct how any money in the hands of the sheriff is to be disposed of.

Textual Amendments

F888CCR ORDER 19E+WREFERENCE TO EUROPEAN COURT

Textual Amendments

Making and transmission of orderE+W

F888Rule 15  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CCR ORDER 22E+WJUDGMENTS AND ORDERS

Certificate of judgmentE+W

Rule 8—(1) Any person who wishes to have a certificate of any judgment or order given or made in a claim shall make a request in writing to the court stating—

(a)if he is a party to the claim whether the certificate—

(i)is required for the purpose of taking proceedings on the judgment or order in another court;

(ii)is required for the purpose of enforcing the judgment or order in the High Court; or

(iii)is for the purpose of evidence only;

(b)if he is not a party to the claim, the purpose for which the certificate is required, the capacity in which he asks for it and any other facts showing that the certificate may properly be granted.

(1A) Where the certificate is required for the purpose of enforcing the judgment or order in the High Court, the applicant shall also either—

[F889(a)state that—

(i)it is intended to enforce the judgment or order by execution against goods; or

(ii)the judgment or order to be enforced is an order for possession of land made in a possession claim against trespassers; or]

(b)confirm that an application has been made for an order under section 42 of the Act (transfer to High Court by order of a county court) and attach a copy of the application to the request for a certificate.

(2) Where the request is made by a person who is not a party to the claim, the request shall be referred to the district judge, who may, if he thinks fit, refer it to the judge.

(3) Without prejudice to paragraph (2), for the purposes of section 12 (2) of the Act a certificate under this rule may be signed by the court manager or any other officer of the court acting on his behalf.

Textual Amendments

Variation of paymentE+W

Rule 10—(1) Where a judgment or order has been given or made for the payment of money, the person entitled to the benefit of the judgment or order or, as the case may be, the person liable to make the payment (in this rule referred to as “the judgment creditor” and “the debtor” respectively) may apply in accordance with the provisions of this rule for a variation in the date or rate of payment.

(2) The judgment creditor may apply in writing, without notice being served on any other party, for an order that the money, if payable in one sum, be paid at a later date than that by which it is due or by instalments or, if the money is already payable by instalments, that it be paid by the same or smaller instalments, and the court officer may make an order accordingly unless no payment has been made under the judgment or order for 6 years before the date of the application in which case he shall refer the application to the district judge.

(3) The judgment creditor may apply to the district judge on notice for an order that the money, if payable in one sum, be paid at an earlier date than that by which it is due or, if the money is payable by instalments, that it be paid in one sum or by larger instalments, and any such application shall be made in writing stating the proposed terms and the grounds on which it is made.

(4) Where an application is made under paragraph (3)—

(a)the proceedings shall be automatically transferred to the debtor’s home court if the judgment or order was not given or made in that court; and

(b)the court officer shall fix a day for the hearing of the application before the district judge and give to the judgment creditor and the debtor not less than 8 days' notice of the day so fixed,

and at the hearing the district judge may make such order as seems just.

(5) The debtor may apply for an order that the money, if payable in one sum, be paid at a later date than that by which it is due or by instalments or, if the money is already payable by instalments, that it be paid by smaller instalments, and any such application shall be in the appropriate form stating the proposed terms, the grounds on which it is made and including a signed statement of the debtor’s means.

(6) Where an application is made under paragraph (5), the court officer shall—

(a)send the judgment creditor a copy of the debtor’s application (and statement of means); and

(b)require the judgment creditor to notify the court in writing, within 14 days of service of notification upon him, giving his reasons for any objection he may have to the granting of the application.

(7) If the judgment creditor does not notify the court of any objection within the time stated, the court officer shall make an order in the terms applied for.

(8) Upon receipt of a notice from the judgment creditor under paragraph (6), the court officer may determine the date and rate of payment and make an order accordingly.

(9) Any party affected by an order made under paragraph (8) may, within 14 days of service of the order on him and giving his reasons, apply on notice for the order to be re-considered and, where such an application is made—

(a)the proceedings shall be automatically transferred to the debtor’s home court if the judgment or order was not given or made in that court; and

(b)the court officer shall fix a day for the hearing of the application before the district judge and give to the judgment creditor and the debtor not less than 8 days' notice of the day so fixed.

(10) On hearing an application under paragraph (9), the district judge may confirm the order or set it aside and make such new order as he thinks fit and the order so made shall be entered in the records of the court.

(11) Any order made under any of the foregoing paragraphs may be varied from time to time by a subsequent order made under any of those paragraphs.

Set-off of cross-judgmentsE+W

Rule 11—(1) An application under section 72 of the Act for permission to set off any sums, including costs, payable under several judgments or orders each of which was obtained in a county court shall be made in accordance with this rule.

(2) Where the judgments or orders have been obtained in the same county court, the application may be made to that court on the day when the last judgment or order is obtained, if both parties are present, and in any other case shall be made on notice.

(3) Where the judgments or orders have been obtained in different county courts, the application may be made to either of them on notice, and notice shall be given to the other court.

(4) The district judge of the court to which the application is made and the district judge of any other court to which notice is given under paragraph (3) shall forthwith stay execution on any judgment or order in his court to which the application relates and any money paid into court under the judgment or order shall be retained until the application has been disposed of.

(5) The application may be heard and determined by the court and any order giving permission shall direct how any money paid into court is to be dealt with.

(6) Where the judgments or orders have been obtained in different courts, the court in which an order giving permission is made shall send a copy of the order to the other court, which shall deal with any money paid into that court in accordance with the order.

(7) The court officer or, as the case may be, each of the court officers affected shall enter satisfaction in the records of his court for any sums ordered to be set off, and execution or other process for the enforcement of any judgment or order not wholly satisfied shall issue only for the balance remaining payable.

(8) Where an order is made by the High Court giving permission to set off sums payable under several judgments and orders obtained respectively in the High Court and a county court, the court officer of the county court shall, on receipt of a copy of the order, proceed in accordance with paragraph (7).

Order of appellate courtE+W

Rule 13  Where the Court of Appeal or High Court has heard and determined an appeal from a county court, the party entitled to the benefit of the order of the Court of Appeal or High Court shall deposit the order or an office copy thereof in the office of the county court.

CCR ORDER 24E+WSUMMARY PROCEEDINGS FOR THE RECOVERY OF LAND

Part I—LandE+W

Proceedings to be by claim formE+W

F890Rule 1  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Witness statement or affidavit in supportE+W

F890Rule 2  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Service of claim formE+W

F890Rule 3  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Application by occupier to be made a partyE+W

F890Rule 4  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Hearing of claimE+W

F890Rule 5  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Warrant of possessionE+W

Rule 6—(1) Subject to paragraphs (2) and (3), a warrant of possession to enforce an order for possession [F891in a possession claim against trespassers under Part 55] may be issued at any time after the making of the order and subject to the provisions of Order 26, rule 17, a warrant of restitution may be issued in aid of the warrant of possession.

(2) No warrant of possession shall be issued after the expiry of 3 months from the date of the order without the permission of the court, and an application for such permission may be made without notice being served on any other party unless the court otherwise directs.

(3) Nothing in this rule shall authorise the issue of a warrant of possession before the date on which possession is ordered to be given.

Textual Amendments

Setting aside orderE+W

F892Rule 7  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Part II—Interim Possession OrdersE+W

Definitions and interpretationE+W

F893Rule 8  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Conditions for interim possession order applicationE+W

F893Rule 9  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Issue of the applicationsE+W

F893Rule 10  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Service of the notice of applicationE+W

F893Rule 11  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Consideration of the applicationE+W

F893Rule 12  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Service and enforcement of the interim possession orderE+W

F893Rule 13  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Matters arising after making of an interim possession orderE+W

F893Rule 14  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Application to set aside an interim possession orderE+W

F893Rule 15  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

CCR ORDER 25E+WENFORCEMENT OF JUDGMENTS AND ORDERS: GENERAL

Judgment creditor and debtorE+W

Rule 1  In this Order and Orders 26 to 29 “judgment creditor” means the person who has obtained or is entitled to enforce a judgment or order and “debtor” means the person against whom it was given or made.

Transfer of proceedings for enforcementE+W

F894Rule 2  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Oral examination of debtorE+W

F895Rule 3  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Examination of debtor under judgment not for moneyE+W

F896Rule 4  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Provision of informationE+W

F897Rule 5  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F897Sch. 2 CCR Order 25 Rule 5 revoked (25.3.2002) by The Civil Procedure (Amendment No. 4) Rules 2001 (S.I. 2001/2792), rule 1(c), Sch. 5 (with savings in rule 24 and S.I. 2001/4015, rules 1(c), 43(2)

Interest on judgment debtsE+W

F898Rule 5A  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Description of partiesE+W

Rule 6  Where the name or address of the judgment creditor or the debtor as given in the request for the issue of a warrant of execution or delivery, judgment summons or warrant of committal differs from his name or address in the judgment or order sought to be enforced and the judgment creditor satisfies the court officer that the name or address as given in the request is applicable to the person concerned, the judgment creditor or the debtor, as the case may be, shall be described in the warrant or judgment summons as “C.D. of [name and address as given in the request] suing [or sued] as A.D. of [name and address in the judgment or order]”.

Recording and giving information as to warrants and ordersE+W

Rule 7—(1) Subject to paragraph (1A), every district judge by whom a warrant or order is issued or received for execution shall from time to time state in the records of his court what has been done in the execution of the warrant or order.

(1A) Where a warrant of execution issued by a court (“the home court”) is sent to another court for execution (“the foreign court”), paragraph (1) shall not apply to the district judge of the home court, but when such a warrant is returned to the home court under paragraph (7), the court officer of the home court shall state in the records of his court what has been done in the execution of the warrant or order.

(2) If the warrant or order has not been executed within one month from the date of its issue or receipt by him, the court officer of the court responsible for its execution shall, at the end of that month and every subsequent month during which the warrant remains outstanding, send notice of the reason for non-execution to the judgment creditor and, if the warrant or order was received from another court, to that court.

(3) The district judge responsible for executing a warrant or order shall give such information respecting it as may reasonably be required by the judgment creditor and, if the warrant or order was received by him from another court, by the district judge of that court.

(4) Where money is received in pursuance of a warrant of execution or committal sent by one court to another court, the foreign court shall, subject to paragraph (5) and to section 346 of Insolvency Act 1986(108) and section 326 of the Companies Act 1948(109), send the money to the judgment creditor in the manner prescribed by the Court Funds Rules 1987(110) and, where the money is received in pursuance of a warrant of committal, make a return to the home court.

(5) Where interpleader proceedings are pending, the court shall not proceed in accordance with paragraph (4) until the interpleader proceedings are determined and the district judge shall then make a return showing how the money is to be disposed of and, if any money is payable to the judgment creditor, the court shall proceed in accordance with paragraph (4).

(6) Where a warrant of committal has been received from another court, the foreign court shall, on the execution of the warrant, send notice thereof to the home court.

(7) Where a warrant of execution has been received from another court, either—

(a)on the execution of the warrant; or

(b)if the warrant is not executed—

(i)on the making of a final return to the warrant; or

(ii)on suspension of the warrant under rule 8 (suspension of judgment or execution) or Order 26, rule 10 (withdrawal and suspension of warrant at creditor’s request),

the foreign court shall return the warrant to the home court.

Suspension of judgment or executionE+W

Rule 8—(1) The power of the court to suspend or stay a judgment or order or to stay execution of any warrant may be exercised by the district judge or, in the case of the power to stay execution of a warrant of execution and in accordance with the provisions of this rule, by the court officer.

(2) An application by the debtor to stay execution of a warrant of execution shall be in the appropriate form stating the proposed terms, the grounds on which it is made and including a signed statement of the debtor’s means.

(3) Where the debtor makes an application under paragraph (2), the court shall—

(a)send the judgment creditor a copy of the debtor’s application (and statement of means); and

(b)require the creditor to notify the court in writing, within 14 days of service of notification upon him, giving his reasons for any objection he may have to the granting of the application.

(4) If the judgment creditor does not notify the court of any objection within the time stated, the court officer may make an order suspending the warrant on terms of payment.

(5) Upon receipt of a notice by the judgment creditor under paragraph (3)(b), the court officer may, if the judgment creditor objects only to the terms offered, determine the date and rate of payment and make an order suspending the warrant on terms of payment.

(6) Any party affected by an order made under paragraph (5) may, within 14 days of service of the order on him and giving his reasons, apply on notice for the order to be reconsidered and the court shall fix a day for the hearing of the application before the district judge and give to the judgment creditor and the debtor not less than 8 days' notice of the day so fixed.

(7) On hearing an application under paragraph (6), the district judge may confirm the order or set it aside and make such new order as he thinks fit and the order so made shall be entered in the records of the court.

(8) Where the judgment creditor states in his notice under paragraph (3)(b) that he wishes the bailiff to proceed to execute the warrant, the court shall fix a day for a hearing before the district judge of the debtor’s application and give to the judgment creditor and to the debtor not less than 2 days' notice of the day so fixed.

(9) Subject to any directions given by the district judge, where a warrant of execution has been suspended, it may be re-issued on the judgment creditor’s filing a request F899... showing that any condition subject to which the warrant was suspended has not been complied with.

(10) Where an order is made by the district judge suspending a warrant of execution, the debtor may be ordered to pay the costs of the warrant and any fees or expenses incurred before its suspension and the order may authorise the sale of a sufficient portion of any goods seized to cover such costs, fees and expenses and the expenses of sale.

Textual Amendments

F899Words in Sch. 2 CCR Order 25 rule 8(9) omitted (25.3.2002) by virtue of The Civil Procedure (Amendment No. 4) Rules 2001 (S.I. 2001/2792), rules 1(c), 14(a) (with rule 24)

Enforcement of judgment or order against firmE+W

F900Rule 9  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Enforcing judgment between a firm and its membersE+W

F900Rule 10  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Enforcement of High Court judgmentE+W

F901Rule 11  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Enforcement of award of tribunalE+W

F902Rule 12  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Transfer to High Court for enforcementE+W

Rule 13—[F903(1) Where the judgment creditor makes a request for a certificate of judgment under Order 22, rule 8(1) for the purpose of enforcing the judgment or order in the High Court—

(a)by execution against goods; or

(b)where the judgment or order to be enforced is an order for possession of land made in a possession claim against trespassers,

the grant of a certificate by the court shall take effect as an order to transfer the proceedings to the High Court and the transfer shall have effect on the grant of that certificate.]

(2) On the transfer of proceedings in accordance with paragraph (1), the court shall give notice to the debtor [F904or the person against whom the possession order was made] that the proceedings have been transferred and shall make an entry of that fact in the records of his court.

(3) In a case where a request for a certificate of judgment is made under Order 22, rule 8(1) for the purpose of enforcing a judgment or order in the High Court and—

(a)an application for a variation in the date or rate of payment of money due under a judgment or order;

(b)an application under either CPR rule 39.3(3) or CPR rule 13.4;

(c)a request for an administration order; or

(d)an application for a stay of execution under section 88 of the Act,

is pending, the request for the certificate shall not be dealt with until those proceedings are determined.

Textual Amendments

F903Sch. 2 CCR Order 25 Rule 13(1) substituted (15.10.2001) by The Civil Procedure (Amendment No. 4) Rules 2001 (S.I. 2001/2792), rules 1(a), 15(a) (with rule 24)

F904Words in Sch. 2 CCR Order 25 rule 13(2) inserted (15.10.2001) by The Civil Procedure (Amendment No. 4) Rules 2001 (S.I. 2001/2792), rules 1(a), 15(b) (with rule 24)

CCR ORDER 26E+WWARRANTS OF EXECUTION, DELIVERY AND POSSESSION

Application for warrant of executionE+W

Rule 1—(1) A judgment creditor desiring a warrant of execution to be issued shall file a request in that behalf certifying—

(a)the amount remaining due under the judgment or order; and

(b)where the order made is for payment of a sum of money by instalments—

(i)that the whole or part of any instalment due remains unpaid; and

(ii)the amount for which the warrant is to be issued.

(1A) The court officer shall discharge the functions—

(a)under section 85 (2) of the Act of issuing a warrant of execution;

(b)under section 85 (3) of the Act of entering in the record mentioned in that subsection and on the warrant the precise time of the making of the application to issue the warrant; and

(c)under section 103 (1) of the Act of sending the warrant of execution to another county court.

(2) Where the court has made an order for payment of a sum of money by instalments and default has been made in payment of such an instalment, a warrant of execution may be issued for the whole of the said sum of money and costs then remaining unpaid or, subject to paragraph (3), for such part as the judgment creditor may request, not being in the latter case less than £50 or the amount of one monthly instalment or, as the case may be, four weekly instalments, whichever is the greater.

(3) In any case to which paragraph (2) applies no warrant shall be issued unless at the time when it is issued—

(a)the whole or part of an instalment which has already become due remains unpaid; and

(b)any warrant previously issued for part of the said sum of money and costs has expired or has been satisfied or abandoned.

(4) Where a warrant is issued for the whole or part of the said sum of money and costs, the court officer shall, unless the district judge responsible for execution of the warrant directs otherwise, send a warning notice to the person against whom the warrant is issued and, where such a notice is sent, the warrant shall not be levied until 7 days thereafter.

(5) Where judgment is given or an order made for payment otherwise than by instalments of a sum of money and costs to be assessed in accordance with CPR Part 47 (detailed assessment procedure) and default is made in payment of the sum of money before the costs have been assessed, a warrant of execution may issue for recovery of the sum of money and a separate warrant may issue subsequently for the recovery of the costs if default is made in payment of them.

Execution of High Court judgmentE+W

Rule 2—(1) Where it is desired to enforce by warrant of execution a judgment or order of the High Court, or a judgment, order, decree or award which is or has become enforceable as if it were a judgment of the High Court, the request referred to in rule 1 (1) may be filed in any court in the district of which execution is to be levied.

(2) Subject to Order 25, rule 9 (5), any restriction imposed by these rules on the issue of execution shall apply as if the judgment, order, decree or award were a judgment or order of the county court, but permission to issue execution shall not be required if permission has already been given by the High Court.

(3) Notice of the issue of the warrant shall be sent by the county court to the High Court.

Execution against farmerE+W

Rule 3  If after the issue of a warrant of execution the district judge for the district in which the warrant is to be executed has reason to believe that the debtor is a farmer, the execution creditor shall, if so required by the district judge, furnish him with an official certificate, dated not more than three days beforehand, of the result of a search at the Land Registry as to the existence of any charge registered against the debtor under the Agricultural Credits Act 1928(111).

Concurrent warrantsE+W

Rule 4  Two or more warrants of execution may be issued concurrently for execution in different districts, but—

(a)no more shall be levied under all the warrants together than is authorised to be levied under one of them; and

(b)the costs of more than one such warrant shall not be allowed against the debtor except by order of the court.

Permission to issue certain warrantsE+W

Rule 5—(1) A warrant of execution shall not issue without the permission of the court where—

(a)six years or more have elapsed since the date of the judgment or order;

(b)any change has taken place, whether by death or otherwise in the parties entitled to enforce the judgment or order or liable to have it enforced against them;

(c)the judgment or order is against the assets of a deceased person coming into the hands of his executors or administrators after the date of the judgment or order and it is sought to issue execution against such assets; or

(d)any goods to be seized under a warrant of execution are in the hands of a receiver appointed by a court.

(2) An application for permission shall be supported by a witness statement or affidavit establishing the applicant’s right to relief and may be made without notice being served on any other party in the first instance but the court may direct the application notice to be served on such persons as it thinks fit.

(3) Where, by reason of one and the same event, a person seeks permission under paragraph (1)(b) to enforce more judgments or orders than one, he may make one application only, specifying in a schedule all the judgments or orders in respect of which it is made, and if the application notice is directed to be served on any person, it need set out only such part of the application as affects him.

(4) Paragraph (1) is without prejudice to any enactment, rule or direction by virtue of which a person is required to obtain the permission of the court for the issue of a warrant or to proceed to execution or otherwise to the enforcement of a judgment or order.

Duration and renewal of warrantE+W

Rule 6—(1) A warrant of execution shall, for the purpose of execution, be valid in the first instance for 12 months beginning with the date of its issue, but if not wholly executed, it may be renewed from time to time, by order of the court, for a period of 12 months at any one time, beginning with the day next following that on which it would otherwise expire, if an application for renewal is made before that day or such later day (if any) as the court may allow.

(2) A note of any such renewal shall be indorsed on the warrant and it shall be entitled to priority according to the time of its original issue or, where appropriate, its receipt by the district judge responsible for its execution.

Notice on levyE+W

Rule 7  Any bailiff upon levying execution shall deliver to the debtor or leave at the place where execution is levied a notice of the warrant.

Bankruptcy or winding up of debtorE+W

Rule 8—(1) Where the district judge responsible for the execution of a warrant is required by any provision of the Insolvency Act 1986(112) or any other enactment relating to insolvency to retain the proceeds of sale of goods sold under the warrant or money paid in order to avoid a sale, the court shall, as soon as practicable after the sale or the receipt of the money, send notice to the execution creditor and, if the warrant issued out of another court, to that court.

(2) Where the district judge responsible for the execution of a warrant—

(a)receives notice that a bankruptcy order has been made against the debtor or, if the debtor is a company, that a provisional liquidator has been appointed or that an order has been made or a resolution passed for the winding up of the company; and

(b)withdraws from possession of goods seized or pays over to the official receiver or trustee in bankruptcy or, if the debtor is a company, to the liquidator the proceeds of sale of goods sold under the warrant or money paid in order to avoid a sale or seized or received in part satisfaction of the warrant,

the court shall send notice to the execution creditor and, if the warrant issued out of another court, to that court.

(3) Where the court officer of a court to which a warrant issued out of another court has been sent for execution receives any such notice as is referred to in paragraph (2)(a) after he has sent to the home court any money seized or received in part satisfaction of the warrant, he shall forward the notice to that court.

Withdrawal and suspension of warrant at creditor’s requestE+W

Rule 10—(1) Where an execution creditor requests the district judge responsible for executing a warrant to withdraw from possession, he shall, subject to the following paragraphs of this rule, be treated as having abandoned the execution, and the court shall mark the warrant as withdrawn by request of the execution creditor.

(2) Where the request is made in consequence of a claim having been made under Order 33, rule 1, to goods seized under the warrant, the execution shall be treated as being abandoned in respect only of the goods claimed.

(3) If the district judge responsible for executing a warrant is requested by the execution creditor to suspend it in pursuance of an arrangement between him and the debtor, the court shall mark the warrant as suspended by request of the execution creditor and the execution creditor may subsequently apply to the district judge holding the warrant for it to be re-issued and, if he does so, the application shall be deemed for the purpose of section 85 (3) of the Act to be an application to issue the warrant.

(4) Nothing in this rule shall prejudice any right of the execution creditor to apply for the issue of a fresh warrant or shall authorise the re-issue of a warrant which has been withdrawn or has expired or has been superseded by the issue of a fresh warrant.

Suspension of part warrantE+W

Rule 11  Where a warrant issued for part of a sum of money and costs payable under a judgment or order is suspended on payment of instalments, the judgment or order shall, unless the court otherwise directs, be treated as suspended on those terms as respects the whole of the sum of money and costs then remaining unpaid.

Inventory and notice where goods removedE+W

Rule 12—(1) Where goods seized in execution are removed, the court shall forthwith deliver or send to the debtor a sufficient inventory of the goods removed and shall, not less than 4 days before the time fixed for the sale, give him notice of the time and place at which the goods will be sold.

(2) The inventory and notice shall be given to the debtor by delivering them to him personally or by sending them to him by post at his place of residence or, if his place of residence is not known, by leaving them for him, or sending them to him by post, at the place from which the goods were removed.

Account of saleE+W

Rule 13  Where goods are sold under an execution, the court shall furnish the debtor with a detailed account in writing of the sale and of the application of the proceeds.

Notification to foreign court of payment madeE+W

Rule 14  Where, after a warrant has been sent to a foreign court for execution but before a final return has been made to the warrant, the home court is notified of a payment made in respect of the sum for which the warrant is issued, the home court shall send notice of the payment to the foreign court.

Order for private saleE+W

Rule 15—(1) Subject to paragraph (6), an order of the court under section 97 of the Act that a sale under an execution may be made otherwise than by public auction may be made on the application of the execution creditor or the debtor or the district judge responsible for the execution of the warrant.

(2) Where he is not the applicant for an order under this rule, the district judge responsible for the execution of the warrant shall, on the demand of the applicant, furnish him with a list containing the name and address of every execution creditor under any other warrant or writ of execution against the goods of the debtor of which the district judge has notice, and where the district judge is the applicant, he shall prepare such a list.

(3) Not less than 4 days before the day fixed for the hearing of the application, the applicant shall give notice of the application to each of the other persons by whom the application might have been made and to every person named in the list referred to in paragraph (2).

(4) The applicant shall produce the list to the court on the hearing of the application.

(5) Every person to whom notice of the application was given may attend and be heard on the hearing of the application.

(6) Where the district judge responsible for the execution of the warrant is the district judge by whom it was issued and he has no notice of any other warrant or writ of execution against the goods of the debtor, an order under this rule may be made by the court of its own motion with the consent of the execution creditor and the debtor or after giving them an opportunity of being heard.

Warrant of deliveryE+W

Rule 16—(1) Except where an Act or rule provides otherwise, a judgment or order for the delivery of any goods shall be enforceable by warrant of delivery in accordance with this rule.

(2) If the judgment or order does not give the person against whom it was given or made the alternative of paying the value of the goods, it may be enforced by a warrant of specific delivery, that is to say, a warrant to recover the goods without alternative provision for recovery of their value.

(3) If the judgment or order is for the delivery of the goods or payment of their value, it may be enforced by a warrant of delivery to recover the goods or their value.

(4) Where a warrant of delivery is issued, the judgment creditor shall be entitled, by the same or a separate warrant, to execution against the debtor’s goods for any money payable under the judgment or order which is to be enforced by the warrant of delivery.

(4A) Where a judgment or order is given or made for the delivery of goods or payment of their value and a warrant is issued to recover the goods or their value, money paid into court under the warrant shall be appropriated first to any sum of money and costs awarded.

(5) The foregoing provisions of this Order, so far as applicable, shall have effect, with the necessary modifications, in relation to warrants of delivery as they have effect in relation to warrants of execution.

Warrant of possessionE+W

Rule 17—(1) A judgment or order for the recovery of land shall be enforceable by warrant of possession.

(2) Without prejudice to paragraph (3A), the person desiring a warrant of possession to be issued shall file a request in that behalf certifying that the land has not been vacated in accordance with the judgment or order for the recovery of the said land.

(3) Where a warrant of possession is issued, the judgment creditor shall be entitled, by the same or a separate warrant, to execution against the debtor’s goods for any money payable under the judgment or order which is to be enforced by the warrant of possession.

(3A) In a case to which paragraph (3) applies or where an order for possession has been suspended on terms as to payment of a sum of money by instalments, the judgment creditor shall in his request certify—

(a)the amount of money remaining due under the judgment or order; and

(b)that the whole or part of any instalment due remains unpaid.

(4) A warrant of restitution may be issued, with the permission of the court, in aid of any warrant of possession.

(5) An application for permission under paragraph (4) may be made without notice being served on any other party and shall be supported by evidence of wrongful re-entry into possession following the execution of the warrant of possession and of such further facts as would, in the High Court, enable the judgment creditor to have a writ of restitution issued.

(6) Rules 5 and 6 shall apply, with the necessary modifications, in relation to a warrant of possession and any further warrant in aid of such a warrant as they apply in relation to a warrant of execution.

Saving for enforcement by committalE+W

Rule 18  Nothing in rule 16 or 17 shall prejudice any power to enforce a judgment or order for the delivery of goods or the recovery of land by an order of committal.

CCR ORDER 27E+WATTACHMENT OF EARNINGS

Part I—GeneralE+W

InterpretationE+W

Rule 1—(1) In this Order—

“the Act of 1971” means the Attachment of Earnings Act 1971(113) and, unless the context otherwise requires, expressions used in that Act have the same meanings as in that Act;

Index of ordersE+W

Rule 2—(1) The court officer of every court shall keep a nominal index of the debtors residing within the district of his court in respect of whom there are in force attachment of earnings orders which have been made by that court or of which the court officer has received notice from another court.

(2) Where a debtor in respect of whom a court has made an attachment of earnings order resides within the district of another court, the court officer of the first-mentioned court shall send a copy of the order to the court officer of the other court for entry in his index.

(3) The court officer shall, on the request of any person having a judgment or order against a person believed to be residing within the district of the court, cause a search to be made in the index of the court and issue a certificate of the result of the search.

Appropriate courtE+W

Rule 3—(1) Subject to paragraphs (2) and (3), an application for an attachment of earnings order may be made to the court for the district in which the debtor resides.

(2) If the debtor does not reside within England or Wales, or the creditor does not know where he resides, the application may be made to the court in which, or for the district in which, the judgment or order sought to be enforced was obtained.

(3) Where the creditor applies for attachment of earnings orders in respect of two or more debtors jointly liable under a judgment or order, the application may be made to the court for the district in which any of the debtors resides, so however that if the judgment or order was given or made by any such court, the application shall be made to that court.

Mode of applyingE+W

Rule 4—(1) A judgment creditor who desires to apply for an attachment of earnings order shall file his application certifying the amount of money remaining due under the judgment or order and that the whole or part of any instalment due remains unpaid and, where it is sought to enforce an order of a magistrates' court—

(a)a certified copy of the order; and

(b)a witness statement or affidavit verifying the amount due under the order or, if payments under the order are required to be made to the [F905[F906designated officer] for] the magistrates' court, a certificate by that [F906designated officer] to the same effect.

(2) On the filing of the documents mentioned in paragraph (1) the court officer shall, where the order to be enforced is a maintenance order, fix a day for the hearing of the application.

Textual Amendments

F905Words in Sch. 2 CCR Order 27 rule 4(1)(b) substituted (1.4.2001) by The Civil Procedure (Amendment) Rules 2001 (S.I. 2001/256), rules 1(b), 28(a)

F906Words in Sch. 2 CCR Order 27 rule 4(1)(b) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) (No. 2) Order 2005 (S.I. 2005/617), art. 1, Sch. para. 176(a)

Service and replyE+W

Rule 5—[F907(1) Notice of the application together with a form of reply in the appropriate form, shall be served on the debtor in the manner [F908set out in CPR rule 6.2].]

(2) The debtor shall, within 8 days after service on him of the documents mentioned in paragraph (1), file a reply in the form provided, and the instruction to that effect in the notice to the debtor shall constitute a requirement imposed by virtue of section 14 (4) of the Act of 1971:

Provided that no proceedings shall be taken for an offence alleged to have been committed under section 23 (2)(c) or (f) of the Act of 1971 in relation to the requirement unless the said documents have been served on the debtor personally or the court is satisfied that they came to his knowledge in sufficient time for him to comply with the requirement.

(2A) Nothing in paragraph (2) shall require a defendant to file a reply if, within the period of time mentioned in that paragraph, he pays to the judgment creditor the money remaining due under the judgment or order and, where such payment is made, the judgment creditor shall so inform the court officer.

(3) On receipt of a reply the court officer shall send a copy to the applicant.

Textual Amendments

F908Words in Sch. 2 CCR Order 27 rule 5(1) substituted (25.3.2002) by The Civil Procedure (Amendment No. 4) Rules 2001 (S.I. 2001/2792), rules 1(c), 16 (with rule 24)

Notice to employerE+W

Rule 6  Without prejudice to the powers conferred by section 14 (1) of the Act of 1971, the court officer may, at any stage of the proceedings, send to any person appearing to have the debtor in his employment a notice requesting him to give to the court, within such period as may be specified in the notice, a statement of the debtor’s earnings and anticipated earnings with such particulars as may be so specified.

Attachment of earnings orderE+W

Rule 7—(1) On receipt of the debtor’s reply, the court officer may, if he has sufficient information to do so, make an attachment of earnings order and a copy of the order shall be sent to the parties and to the debtor’s employer.

(2) Where an order is made under paragraph (1), the judgment creditor or the debtor may, within 14 days of service of the order on him and giving his reasons, apply on notice for the order to be re-considered and the court officer shall fix a day for the hearing of the application and give to the judgment creditor and the debtor not less than 2 days' notice of the day so fixed.

(3) On hearing an application under paragraph (2), the district judge may confirm the order or set it aside and make such new order as he thinks fit and the order so made shall be entered in the records of the court.

(4) Where an order is not made under paragraph (1), the court officer shall refer the application to the district judge who shall, if he considers that he has sufficient information to do so without the attendance of the parties, determine the application.

(5) Where the district judge does not determine the application under paragraph (4), he shall direct that a day be fixed for the hearing of the application whereupon the court officer shall fix such a day and give to the judgment creditor and the debtor not less than 8 days' notice of the day so fixed.

(6) Where an order is made under paragraph (4), the judgment creditor or the debtor may, within 14 days of service of the order on him and giving his reasons, apply on notice for the order to be re-considered; and the court officer shall fix a day for the hearing of the application and give to the judgment creditor and the debtor not less than 2 days' notice of the day so fixed.

(7) On hearing an application under paragraph (6), the district judge may confirm the order or set it aside and make such new order as he thinks fit and the order so made shall be entered in the records of the court.

(8) If the creditor does not appear at the hearing of the application under paragraph (5) but—

(a)the court has received a witness statement or affidavit of evidence from him; or

(b)the creditor requests the court in writing to proceed in his absence,

the court may proceed to hear the application and to make an order thereon.

(9) An attachment of earnings order may be made to secure the payment of a judgment debt if the debt is—

(a)of not less than £50; or

(b)for the amount remaining payable under a judgment for a sum of not less than £50.

Failure by debtorE+W

Rule 7A—(1) If the debtor has failed to comply with rule 5 (2) or to make payment to the judgment creditor, the court officer may issue an order under section 14 (1) of the Act of 1971 which shall—

(a)be indorsed with or incorporate a notice warning the debtor of the consequences of disobedience to the order;

(b)be served on the debtor personally; and

(c)direct that any payments made thereafter shall be paid into the court and not direct to the judgment creditor.

(2) Without prejudice to rule 16, if the person served with an order made pursuant to paragraph (1) fails to obey it or to file a statement of his means or to make payment, the court officer shall issue a notice calling on that person to show good reason why he should not be imprisoned and any such notice shall be served on the debtor personally not less than 5 days before the hearing.

(3) Order 29, rule 1 shall apply, with the necessary modifications and with the substitution of references to the district judge for references to the judge, where a notice is issued under paragraph (2) or (4) of that rule.

(4) In this rule “statement of means” means a statement given under section 14 (1) of the Act of 1971.

Suspended committal orderE+W

Rule 7B—(1) If the debtor fails to attend at an adjourned hearing of an application for an attachment of earnings order and a committal order is made, the judge or district judge may direct that the committal order shall be suspended so long as the debtor attends at the time and place specified in the committal order and paragraphs (2), (4) and (5) of Order 28, rule 7 shall apply, with the necessary modifications, where such a direction is given as they apply where a direction is given under paragraph (1) of that rule.

(2) Where a committal order is suspended under paragraph (1) and the debtor fails to attend at the time and place specified under paragraph (1), a certificate to that effect given by the court officer shall be sufficient authority for the issue of a warrant of committal.

Failure by debtor—maintenance ordersE+W

Rule 8—(1) An order made under section 23 (1) of the Act of 1971(114) for the attendance of the debtor at an adjourned hearing of an application for an attachment of earnings order to secure payments under a maintenance order shall—

(a)be served on the debtor personally not less than 5 days before the day fixed for the adjourned hearing; and

(b)direct that any payments made thereafter shall be paid into the court and not direct to the judgment creditor.

(2) An application by a debtor for the revocation of an order committing him to prison and, if he is already in custody, for his discharge under subsection (7) of the said section 23 shall be made to the judge or district judge in writing without notice to any other party showing the reasons for the debtor’s failure to attend the court or his refusal to be sworn or to give evidence, as the case may be, and containing an undertaking by the debtor to attend the court or to be sworn or to give evidence when next ordered or required to do so.

(3) The application shall, if the debtor has already been lodged in prison, be attested by the governor of the prison (or any other officer of the prison not below the rank of principal officer) and in any other case be made on witness statement or affidavit.

(4) Before dealing with the application the judge or district judge may, if he thinks fit, cause notice to be given to the judgment creditor that the application has been made and of a day and hour when he may attend and be heard.

CostsE+W

Rule 9—(1) Where costs are allowed to the judgment creditor on an application for an attachment of earnings order, there may be allowed—

(a)a charge of a solicitor for attending the hearing and, if the court so directs, for serving the application;

(b)if the court certifies that the case is fit for counsel, a fee to counsel; and

(c)the court fee on the issue of the application.

(2) For the purpose of paragraph (1)(a) a solicitor who has prepared on behalf of the judgment creditor a witness statement or affidavit or request under rule 7 (8) shall be treated as having attended the hearing.

(3) The costs may be fixed and allowed without detailed assessment under CPR Part 47.

Contents and service of orderE+W

Rule 10—(1) An attachment of earnings order shall contain such of the following particulars relating to the debtor as are known to the court, namely—

(a)his full name and address;

(b)his place of work; and

(c)the nature of his work and his works number, if any,

and those particulars shall be the prescribed particulars for the purposes of section 6 (3) of the Act of 1971.

(2) An attachment of earnings order and any order varying or discharging such an order shall be served on the debtor and on the person to whom the order is directed, and CPR Part 6 and CPR rules 40.4 and 40.5 shall apply with the further modification that where the order is directed to a corporation which has requested the court that any communication relating to the debtor or to the class of persons to whom he belongs shall be directed to the corporation at a particular address, service may, if the district judge thinks fit, be effected on the corporation at that address.

(3) Where an attachment of earnings order is made to enforce a judgment or order of the High Court or a magistrates' court, a copy of the attachment of earnings order and of any order discharging it shall be sent by the court officer of the county court to the court officer of the High Court, or, as the case may be, the [F909[F910designated officer] for] the magistrates' court.

Textual Amendments

F909Words in Sch. 2 CCR Order 27 rule 10(3) substituted (15.10.2001) by The Civil Procedure (Amendment) Rules 2001 (S.I. 2001/256), rules 1(b), 27(b)

Application to determine whether particular payments are earningsE+W

Rule 11  An application to the court under section 16 of the Act of 1971 to determine whether payments to the debtor of a particular class or description are earnings for the purpose of an attachment of earnings order may be made to the district judge in writing and the court officer shall thereupon fix a date and time for the hearing of the application by the court and give notice thereof to the persons mentioned in the said section 16 (2)(a), (b) and (c).

Notice of cesserE+W

Rule 12  Where an attachment of earnings order ceases to have effect under section 8 (4) of the Act of 1971, the court officer of the court in which the matter is proceeding shall give notice of the cesser to the person to whom the order was directed.

Variation and discharge by court of own motionE+W

Rule 13—(1) Subject to paragraph (9), the powers conferred by section 9 (1) of the Act of 1971 may be exercised by the court of its own motion in the circumstances mentioned in the following paragraphs.

(2) Where it appears to the court that a person served with an attachment of earnings order directed to him has not the debtor in his employment, the court may discharge the order.

(3) Where an attachment of earnings order which has lapsed under section 9 (4) of the Act of 1971 is again directed to a person who appears to the court to have the debtor in his employment, the court may make such consequential variations in the order as it thinks fit.

(4) Where, after making an attachment of earnings order, the court makes or is notified of the making of another such order in respect of the same debtor which is not to secure the payment of a judgment debt or payments under an administration order, the court may discharge or vary the first-mentioned order having regard to the priority accorded to the other order by paragraph 8 of Schedule 3 to the Act of 1971.

(5) Where, after making an attachment of earnings order, the court makes an order under section 4 (1)(b) of the Act of 1971(115) or makes an administration order, the court may discharge the attachment of earnings order or, if it exercises the power conferred by section 5 (3) of the said Act, may vary the order in such manner as it thinks fit.

(6) On making a consolidated attachment of earnings order the court may discharge any earlier attachment of earnings order made to secure the payment of a judgment debt by the same debtor.

(7) Where it appears to the court that a bankruptcy order has been made against a person in respect of whom an attachment of earnings order is in force to secure the payment of a judgment debt, the court may discharge the attachment of earnings order.

(8) Where an attachment of earnings order has been made to secure the payment of a judgment debt and the court grants permission to issue execution for the recovery of the debt, the court may discharge the order.

(9) Before varying or discharging an attachment of earnings order of its own motion under any of the foregoing paragraphs of this rule, the court shall, unless it thinks it unnecessary in the circumstances to do so, give the debtor and the person on whose application the order was made an opportunity of being heard on the question whether the order should be varied or discharged, and for that purpose the court officer may give them notice of a date, time and place at which the question will be considered.

Transfer of attachment orderE+W

Rule 14—(1) Where the court by which the question of making a consolidated attachment order falls to be considered is not the court by which any attachment of earnings order has been made to secure the payment of a judgment debt by the debtor, the district judge of the last-mentioned court shall, at the request of the district judge of the first-mentioned court, transfer to that court the matter in which the attachment of earnings order was made.

(2) Without prejudice to paragraph (1), if in the opinion of the judge or district judge of any court by which an attachment of earnings order has been made, the matter could more conveniently proceed in some other court, whether by reason of the debtor having become resident in the district of that court or otherwise, he may order the matter to be transferred to that court.

(3) The court to which proceedings arising out of an attachment of earnings are transferred under this rule shall have the same jurisdiction in relation to the order as if it has been made by that court.

Exercise of power to obtain statement of earnings etc.E+W

Rule 15—(1) An order under section 14 (1) of the Act of 1971 shall be indorsed with or incorporate a notice warning the person to whom it is directed of the consequences of disobedience to the order and shall be served on him personally.

(2) Order 34, rule 2, shall apply, with the necessary modifications, in relation to any penalty for failure to comply with an order under the said section 14 (1) or, subject to the proviso to rule 5 (2), any penalty for failure to comply with a requirement mentioned in that rule, as it applies in relation to a fine under section 55 of the County Courts Act 1984(116).

OffencesE+W

Rule 16—(1) Where it is alleged that a person has committed any offence mentioned in section 23 (2)(a), (b), (d), (e) or (f) of the Act of 1971 in relation to proceedings in, or to an attachment of earnings order made by, a county court, the district judge shall, unless it is decided to proceed against the alleged offender summarily, issue a summons calling upon him to show cause why he should not be punished for the alleged offence.

The summons shall be served on the alleged offender personally not less than 14 days before the return day.

(2) Order 34, rules 3 and 4, shall apply, with the necessary modifications, to proceedings for an offence under section 23 (2) of the Act of 1971 as they apply to proceedings for offences under the County Courts Act 1984(117).

Maintenance ordersE+W

Rule 17—(1) The foregoing rules of this Order shall apply in relation to maintenance payments as they apply in relation to a judgment debt, subject to the following paragraphs.

(2) An application for an attachment of earnings order to secure payments under a maintenance order made by a county court shall be made to that county court.

(3) Any application under section 32 of the Matrimonial Causes Act 1973(118) for permission to enforce the payment of arrears which became due more than 12 months before the application for an attachment of earnings order shall be made in that application.

[F911(3A) Notice of the application together with a form of reply in the appropriate form, shall be served on the debtor in the manner [F912set out in CPR rule 6.2].]

[F913(3B) Service of the notice shall be effected not less than 21 days before the hearing, but service may be effected at any time before the hearing on the applicant satisfying the court by witness statement or affidavit that the respondent is about to remove from his address for service.]

[F914(3C)] F915... Rule 5 (2A) shall not apply.

(4) An application by the debtor for an attachment of earnings order to secure payments under a maintenance order may be made on the making of the maintenance order or an order varying the maintenance order, and rules 4 and 5 shall not apply.

(5) Rule 7 shall have effect as if for paragraphs (1) to (8) there were substituted the following paragraph—

“(1) An application for an attachment of earnings order may be heard and determined by the district judge, who shall hear the application in private.”

(6) Rule 9 shall apply as if for the reference to the amount payable under the relevant adjudication there were substituted a reference to the arrears due under the related maintenance order.

(7) Where an attachment of earnings order made by the High Court designates the court officer of a county court as the collecting officer, that officer shall, on receipt of a certified copy of the order from the court officer of the High Court, send to the person to whom the order is directed a notice as to the mode of payment.

(8) Where an attachment of earnings order made by a county court to secure payments under a maintenance order ceases to have effect and—

(a)the related maintenance order was made by that court; or

(b)the related maintenance order was an order of the High Court and—

(i)the court officer of the county court has received notice of the cessation from the court officer of the High Court; or

(ii)a committal order has been made in the county court for the enforcement of the related maintenance order,

the court officer of the county court shall give notice of the cessation to the person to whom the attachment of earnings order was directed.

(9) Where an attachment of earnings order has been made by a county court to secure payments under a maintenance order, notice under section 10 (2) of the Act of 1971 to the debtor and to the person to whom the district judge is required to pay sums received under the order shall be in the form provided for that purpose, and if the debtor wishes to request the court to discharge the attachment of earnings order or to vary it otherwise than by making the appropriate variation, he shall apply to the court, within 14 days after the date of the notice, for the remedy desired.

(10) Rule 13 shall have effect as if for paragraphs (4) to (7) there were substituted the following paragraph:—

“(4) Where it appears to the court by which an attachment of earnings order has been made that the related maintenance order has ceased to have effect, whether by virtue of the terms of the maintenance order or under section 28 of the Matrimonial Causes Act 1973(119) or otherwise, the court may discharge or vary the attachment of earnings order.”

Textual Amendments

F911Sch. 2 CCR Order 27 rule 17(3A) substituted (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rules 1(b), 33(b)(i)

F912Words in Sch. 2 CCR Order 27 rule 17(3A) substituted (25.3.2002) by The Civil Procedure (Amendment No. 4) Rules 2001 (S.I. 2001/2792), rules 1(c), 16 (with rule 24)

F913Sch. 2 CCR Order 27 rule 17(3B) inserted (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rules 1(b), 33(b)(iii)

F914 Sch. 2 CCR Order 27 rule 17(3B) renumbered as Sch. 2 CCR Order 27 rule 17(3C) (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rules 1(b), 33(b)(ii)

F915Words in Sch. 2 CCR Order 27 rule 17(3B) omitted (26.4.1999) by virtue of The Civil Procedure (Amendment) Rules 1999 (S.I. 1999/1008), rules 1, 67

Part II—Consolidated Attachment of Earnings OrdersE+W

Cases in which consolidated order may be madeE+W

Rule 18  Subject to the provisions of rules 19 to 21, the court may make a consolidated attachment order where—

(a)two or more attachment of earnings orders are in force to secure the payment of judgment debts by the same debtor; or

(b)on an application for an attachment of earnings order to secure the payment of a judgment debt, or for a consolidated attachment order to secure the payment of two or more judgment debts, it appears to the court that an attachment of earnings order is already in force to secure the payment of a judgment debt by the same debtor.

Application for consolidated orderE+W

Rule 19—(1) An application for a consolidated attachment order may be made—

(a)by the debtor in respect of whom the order is sought; or

(b)by any person who has obtained or is entitled to apply for an attachment of earnings order to secure the payment of a judgment debt by that debtor.

(2) An application under paragraph (1) may be made in the proceedings in which any attachment of earnings order (other than a priority order) is in force and rules 3, 4 and 5 of this Order shall not apply.

(3) Where the judgment which it is sought to enforce was not given by the court which made the attachment of earnings order, the judgment shall be automatically transferred to the court which made the attachment of earnings order.

(3A) An application under paragraph (1)(b) shall certify the amount of money remaining due under the judgment or order and that the whole or part of any instalment due remains unpaid.

(3B) Where an application for a consolidated attachment of earnings order is made, the court officer shall—

(a)notify any party who may be affected by the application of its terms; and

(b)require him to notify the court in writing, within 14 days of service of notification upon him, giving his reasons for any objection he may have to the granting of the application.

(3C) If notice of any objection is not given within the time stated, the court officer shall make a consolidated attachment of earnings order.

(3D) If any party objects to the making of a consolidated attachment of earnings order, the court officer shall refer the application to the district judge who may grant the application after considering the objection made and the reasons given.

(3E) In the foregoing paragraphs of this rule, a party affected by the application means—

(a)where the application is made by the debtor, the creditor in the proceedings in which the application is made and any other creditor who has obtained an attachment of earnings order which is in force to secure the payment of a judgment debt by the debtor;

(b)where the application is made by the judgment creditor, the debtor and every person who, to the knowledge of the applicant, has obtained an attachment of earnings order which is in force to secure the payment of a judgment debt by the debtor.

(4) A person to whom two or more attachment of earnings orders are directed to secure the payment of judgment debts by the same debtor may request the court in writing to make a consolidated attachment order to secure the payment of those debts, and on receipt of such a request paragraphs (3B) to (3E) shall apply, with the necessary modifications, as if the request were an application by the judgment creditor.

Making of consolidated order by court of its own motionE+W

Rule 20  Where an application is made for an attachment of earnings order to secure the payment of a judgment debt by a debtor in respect of whom an attachment of earnings order is already in force to secure the payment of another judgment debt and no application is made for a consolidated attachment order, the court officer may make such an order of his own motion after giving all persons concerned an opportunity of submitting written objections.

Extension of consolidated orderE+W

Rule 21—(1) Where a consolidated attachment order is in force to secure the payment of two or more judgment debts, any creditor to whom another judgment debt is owed by the same judgment debtor may apply to the court by which the order was made for it to be extended so as to secure the payment of that debt as well as the first-mentioned debts and, if the application is granted, the court may either vary the order accordingly or may discharge it and make a new consolidated attachment order to secure payment of all the aforesaid judgment debts.

(2) An application under this rule shall be treated for the purposes of rules 19 and 20 as an application for a consolidated attachment order.

Payments under consolidated orderE+W

Rule 22  Instead of complying with section 13 of the Act of 1971, a court officer who receives payments made to him in compliance with a consolidated attachment order shall, after deducting such court fees, if any, in respect of proceedings for or arising out of the order as are deductible from those payments, deal with the sums paid as he would if they had been paid by the debtor to satisfy the relevant adjudications in proportion to the amounts payable thereunder, and for that purpose dividends may from time to time be declared and distributed among the creditors entitled thereto.

CCR ORDER 28E+WJUDGMENT SUMMONSES

Application for judgment summonsE+W

Rule 1—(1) An application for the issue of a judgment summons may be made to the court for the district in which the debtor resides or carries on business or, if the summons is to issue against two or more persons jointly liable under the judgment or order sought to be enforced, in the court for the district in which any of the debtors resides or carries on business.

(2) The judgment creditor shall make his application by filing a request in that behalf certifying the amount of money remaining due under the judgment or order, the amount in respect of which the judgment summons is to issue and that the whole or part of any instalment due remains unpaid.

[F916(3) The judgment creditor must file with the request all written evidence on which he intends to rely.]

Textual Amendments

Mode of serviceE+W

Rule 2—(1) Subject to paragraph (2), a judgment summons shall be served personally on every debtor against whom it is issued.

(2) Where the judgment creditor or his solicitor gives a certificate for postal service in respect of a debtor residing or carrying on business within the district of the court, the judgment summons shall, unless the district judge otherwise directs, be served on that debtor by an officer of the court sending it to him by first-class post at the address stated in the request for the judgment summons and, unless the contrary is shown, the date of service shall be deemed to be the seventh day after the date on which the judgment summons was sent to the debtor.

(3) Where a judgment summons has been served on a debtor in accordance with paragraph (2), no order of commitment shall be made against him unless—

(a)he appears at the hearing; or

[F917(b)it is made under section 110(2) of the Act.]

[F918(4) The written evidence on which the judgment creditor intends to rely must be served with the judgment summons.]

Textual Amendments

Time for serviceE+W

Rule 3—(1) [F919The judgment summons and written evidence must] be served not less than 14 days before the day fixed for the hearing.

(2) A notice of non-service shall be sent pursuant to CPR rule 6.11 in respect of a judgment summons which has been sent by post under rule 2 (2) and has been returned to the court office undelivered.

(3) CPR rules 7.5 and 7.6 shall apply, with the necessary modifications, to a judgment summons as they apply to a claim form.

Textual Amendments

Enforcement of debtor’s attendanceE+W

Rule 4—(1) Order 27, rules 7B and 8, shall apply, with the necessary modifications, to an order made under section 110 (1) of the Act for the attendance of the debtor at an adjourned hearing of a judgment summons as they apply to an order made under section 23 (1)of the Attachment of Earnings Act 1971(120) for the attendance of the debtor at an adjourned hearing of an application for an attachment of earnings order.

[F920(1A) An order made under section 110(1) of the Act must be served personally on the judgment debtor.

(1B) Copies of—

(a)the judgment summons; and

(b)the written evidence,

must be served with the order.]

(2) At the time of service of the order there shall be paid or tendered to the debtor a sum reasonably sufficient to cover his expenses in travelling to and from the court, unless such a sum was paid to him at the time of service of the judgment summons.

Textual Amendments

[F921EvidenceE+W

Rule 5—(1) No person may be committed on an application for a judgment summons unless—

(a)the order is made under section 110(2) of the Act; or

(b)the judgment creditor proves that the debtor—

(i)has or has had since the date of the judgment or order the means to pay the sum in respect of which he has made default; and

(ii)has refused or neglected or refuses or neglects to pay that sum.

(2) The debtor may not be compelled to give evidence.]

Textual Amendments

Suspension of committal orderE+W

Rule 7—(1) If on the hearing of a judgment summons a committal order is made, the judge may direct execution of the order to be suspended to enable the debtor to pay the amount due.

(2) A note of any direction given under paragraph (1) shall be entered in the records of the court and notice of the suspended committal order shall be sent to the debtor.

(3) Where a judgment summons is issued in respect of one or more but not all of the instalments payable under a judgment or order for payment by instalments and a committal order is made and suspended under paragraph (1), the judgment or order shall, unless the judge otherwise orders, be suspended for so long as the execution of the committal order is suspended.

(4) Where execution of a committal order is suspended under paragraph (1) and the debtor subsequently desires to apply for a further suspension, the debtor shall attend at or write to the court office and apply for the suspension he desires, stating the reasons for his inability to comply with the terms of the original suspension, and the court shall fix a day for the hearing of the application by the judge and give at least 3 days' notice thereof to the judgment creditor and the debtor.

(5) The district judge may suspend execution of the committal order pending the hearing of an application under paragraph (4).

New order on judgment summonsE+W

Rule 8—(1) Where on the hearing of a judgment summons, the judge makes a new order for payment of the amount of the judgment debt remaining unpaid, there shall be included in the amount payable under the order for the purpose of any enforcement proceedings, otherwise than by judgment summons, any amount in respect of which a committal order has already been made and the debtor imprisoned.

(2) No judgment summons under the new order shall include any amount in respect of which the debtor was imprisoned before the new order was made, and any amount subsequently paid shall be appropriated in the first instance to the amount due under the new order.

Notification of order on judgment of High CourtE+W

Rule 9—(1) Notice of the result of the hearing of a judgment summons on a judgment or order of the High Court shall be sent by the county court to the High Court.

[F922(2) If a committal order or a new order for payment is made on the hearing, the office copy of the judgment or order filed in the county court shall be deemed to be a judgment or order of the court in which the judgment summons is heard.]

Textual Amendments

Costs on judgment summonsE+W

Rule 10—(1) No costs shall be allowed to the judgment creditor on the hearing of a judgment summons unless—

(a)a committal order is made; or

(b)the sum in respect of which the judgment summons was issued is paid before the hearing.

(2) Where costs are allowed to the judgment creditor,

(a)there may be allowed—

(i)a charge of the judgment creditor’s solicitor for attending the hearing and, if the judge so directs, for serving the judgment summons;

(ii)a fee to counsel if the court certifies that the case is fit for counsel;

(iii)any travelling expenses paid to the debtor, and

(iv)the court fee on the issue of the judgment summons;

(b)the costs may be fixed and allowed without detailed assessment under CPR Part 47.

F923(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Issue of warrant of committalE+W

Rule 11—(1) A judgment creditor desiring a warrant to be issued pursuant to a committal order shall file a request in that behalf.

(2) Where two or more debtors are to be committed in respect of the same judgment or order, a separate warrant of committal shall be issued for each of them.

(3) Where a warrant of committal is sent to a foreign court for execution, that court shall indorse on it a notice as to the effect of section 122 (3) of the Act addressed to the governor of the prison of that court.

Notification to foreign court of part payment before debtor lodged in prisonE+W

Rule 12  Where, after a warrant of committal has been sent to a foreign court for execution but before the debtor is lodged in prison, the home court is notified that an amount which is less than the sum on payment of which the debtor is to be discharged has been paid, the home court shall send notice of the payment to the foreign court.

Payment after debtor lodged in prisonE+W

Rule 13—(1) Where, after the debtor has been lodged in prison under a warrant of committal, payment is made of the sum on payment of which the debtor is to be discharged, then—

(a)if the payment is made to the court responsible for the execution of the warrant, [F924the court officer] shall make and sign a certificate of payment and send it by post or otherwise to the gaoler;

(b)if the payment is made to the court which issued the warrant of committal after the warrant has been sent to a foreign court for execution, the home court shall send notice of the payment to the foreign court, [F925and the court officer at the foreign court shall make] and sign a certificate of payment and send it by post or otherwise to the gaoler;

(c)if the payment is made to the gaoler, he shall sign a certificate of payment and send the amount to the court which made the committal order.

(2) Where, after the debtor has been lodged in prison under a warrant of committal, payment is made of an amount less than the sum on payment of which the debtor is to be discharged, then subject to paragraph (3), paragraph (1)(a) and (b) shall apply with the substitution of references to a notice of payment for the references to a certificate of payment and paragraph (1)(c)shall apply with the omission of the requirement to make and sign a certificate of payment.

(3) Where, after the making of a payment to which paragraph (2) relates, the balance of the sum on payment of which the debtor is to be discharged is paid, paragraph (1) shall apply without the modifications mentioned in paragraph (2).

Textual Amendments

Discharge of debtor otherwise than on paymentE+W

Rule 14—(1) Where the judgment creditor lodges with the district judge a request that a debtor lodged in prison under a warrant of committal may be discharged from custody, the district judge shall make an order for the discharge of the debtor in respect of the warrant of committal and the court shall send the gaoler a certificate of discharge.

(2) Where a debtor who has been lodged in prison under a warrant of committal desires to apply for his discharge under section 121 of the Act, the application shall be made to the judge in writing and without notice showing the reasons why the debtor alleges that he is unable to pay the sum in respect of which he has been committed and ought to be discharged and stating any offer which he desires to make as to the terms on which his discharge is to be ordered, and Order 27, rule 8 (3) and (4), shall apply, with the necessary modifications, as it applies to an application by a debtor for his discharge from custody under section 23 (7) of the Attachment of Earnings Act 1971(121).

(3) If in a case to which paragraph (2) relates the debtor is ordered to be discharged from custody on terms which include liability to re-arrest if the terms are not complied with, the judge may, on the application of the judgment creditor if the terms are not complied with, order the debtor to be re-arrested and imprisoned for such part of the term of imprisonment as remained unserved at the time of discharge.

(4) Where an order is made under paragraph (3), a duplicate warrant of committal shall be issued, indorsed with a certificate signed by the court officer as to the order of the judge.

CCR ORDER 29E+WCOMMITTAL FOR BREACH OF ORDER OR UNDERTAKING

Enforcement of judgment to do or abstain from doing any actE+W

Rule 1—(1) Where a person required by a judgment or order to do an act refuses or neglects to do it within the time fixed by the judgment or order or any subsequent order, or where a person disobeys a judgment or order requiring him to abstain from doing an act, then, subject to the Debtors Acts 1869 and 1878(122) and to the provisions of these rules, the judgment or order may be enforced, by order of the judge, by a committal order against that person or, if that person is a body corporate, against any director or other officer of the body.

(2) Subject to paragraphs (6) and (7), a judgment or order shall not be enforced under paragraph (1) unless—

(a)a copy of the judgment or order has been served personally on the person required to do or abstain from doing the act in question and also, where that person is a body corporate, on the director or other officer of the body against whom a committal order is sought, and

(b)in the case of a judgment or order requiring a person to do an act, the copy has been so served before the expiration of the time within which he was required to do the act and was accompanied by a copy of any order, made between the date of the judgment or order and the date of service, fixing that time.

(3) Where a judgment or order enforceable by committal order under paragraph (1) has been given or made, the court officer shall, if the judgment or order is in the nature of an injunction, at the time when the judgment or order is drawn up, and in any other case on the request of the judgment creditor, issue a copy of the judgment or order, indorsed with or incorporating a notice as to the consequences of disobedience, for service in accordance with paragraph (2).

(4) If the person served with the judgment or order fails to obey it, the judgment creditor may issue a claim form or, as the case may be, an application notice seeking the committal for contempt of court of that person and subject to paragraph (7), the claim form or application notice shall be served on him personally.

(4A) The claim form or application notice (as the case may be) shall:—

(a)identify the provisions of the injunction or undertaking which it is alleged have been disobeyed or broken;

(b)list the ways in which it is alleged that the injunction has been disobeyed or the undertaking has been broken.

(c)be supported by an affidavit stating the grounds on which the application is made, and unless service is dispensed with under paragraph (7), a copy of the affidavit shall be served with the claim form or application notice.

(5) If a committal order is made, the order shall be for the issue of a warrant of committal and, unless the judge otherwise orders—

(a)a copy of the order shall be served on the person to be committed either before or at the time of the execution of the warrant; or

(b)where the warrant has been signed by the judge, the order for issue of the warrant may be served on the person to be committed at any time within 36 hours after the execution of the warrant.

[F926(5A) A warrant of committal shall not, without further order of the court, be enforced more than 2 years after the date on which the warrant is issued.]

(6) A judgment or order requiring a person to abstain from doing an act may be enforced under paragraph (1) notwithstanding that service of a copy of the judgment or order has not been effected in accordance with paragraph (2) if the judge is satisfied that, pending such service, the person against whom it is sought to enforce the judgment or order has had notice thereof either—

(a)by being present when the judgment or order was given or made, or

(b)by being notified of the terms of the judgment or order whether by telephone, telegram or otherwise.

(7) Without prejudice to its powers under Part 6 of the CPR, the court may dispense with service of a copy of a judgment or order under paragraph (2) or a claim form or application notice under paragraph (4) if the court thinks it just to do so.

(8) Where service of the claim form or application notice has been dispensed with under paragraph (7) and a committal order is made in the absence of the respondent, the judge may on his own initiative fix a date and time when the person to be committed is to be brought before him or before the court.

Textual Amendments

Undertaking given by partyE+W

Rule 1A  Rule 1 (except paragraph (6) shall apply to undertakings as it applies to orders with the necessary modifications and as if—

(a)for paragraph (2) of that rule there were substituted the following—

“(2) A copy of the document recording the undertaking shall be delivered by the court officer to the party giving the undertaking—

(a)by handing a copy of the document to him before he leaves the court building; or

(b)where his place of residence is known, by posting a copy to him at his place of residence; or

(c)through his solicitor,

and, where delivery cannot be effected in this way, the court officer shall deliver a copy of the document to the party for whose benefit the undertaking is given and that party shall cause it to be served personally as soon as is practicable.”

(b)in paragraph (7), the words from “a copy of” to “paragraph (2) or” were omitted.

Solicitor’s undertakingE+W

Rule 2—(1) An undertaking given by a solicitor in relation to any proceeding in a county court may be enforced, by order of the judge of that court, by committal order against the solicitor.

(2) Where it appears to the judge that a solicitor has failed to carry out any such undertaking, he may of his own initiative direct the court officer to issue a notice calling on the solicitor to show cause why he should not be committed to prison.

(3) Where any party to the proceedings desires to have the undertaking enforced by committal order, the court officer shall, on the application of the party supported by an affidavit setting out the facts on which the application is based, issue such a notice as is referred to in paragraph (2).

Discharge of person in custodyE+W

Rule 3—(1) Where a person in custody under a warrant or order, other than a warrant of committal to which Order 27, rule 8, or Order 28, rule 4 or 14, relates, desires to apply to the court for his discharge, he shall make his application in writing attested by the governor of the prison (or any other officer of the prison not below the rank of principal officer) showing that he has purged or is desirous of purging his contempt and shall, not less than one day before the application is made, serve notice of it on the party, if any, at whose instance the warrant or order was issued.

(2) If the committal order—

(a)does not direct that any application for discharge shall be made to a judge; or

(b)was made by the district judge under section 118 of the Act(123),

any application for discharge may be made to the district judge.

(3) Nothing in paragraph (1) shall apply to an application made by the Official Solicitor in his official capacity for the discharge of a person in custody.

CCR ORDER 30E+WGARNISHEE PROCEEDINGS

Attachment of debt due to judgment debtorE+W

F927Rule 1  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Application for orderE+W

F927Rule 2  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Preparation, service and effect of order to show causeE+W

F927Rule 3  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Notice by deposit-taking institution denying indebtednessE+W

F927Rule 5  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Order where no notice given etc.E+W

F927Rule 7  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Directions where dispute as to notice under rule 5E+W

F927Rule 8  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Determination of liability in other casesE+W

F927Rule 9  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Transfer of proceedingsE+W

F927Rule 10  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Discharge of garnisheeE+W

F927Rule 11  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Money in courtE+W

F927Rule 12  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Costs of judgment creditorE+W

F927Rule 13  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Attachment of debt owed by firmE+W

F927Rule 14  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Powers of district judgeE+W

F927Rule 15  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

CCR ORDER 31E+WCHARGING ORDERS

Application for charging orderE+W

F928Rule 1  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Order on further consideration of application for charging orderE+W

F928Rule 2  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Effect of charging order etc.E+W

F928Rule 3  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Enforcement of charging order by saleE+W

F928Rule 4  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

CCR ORDER 33E+WINTERPLEADER PROCEEDINGS

Part I Under ExecutionE+W

Notice of claimE+W

Rule 1—(A1) In this Part of this Order “the interpleader claimant” means any person making a claim to or in respect of goods seized in execution or the proceeds or value thereof and “the interpleader claim” means that claim.

(1) The interpleader claimant shall deliver to the bailiff holding the warrant of execution, or file in the office of the court for the district in which the goods were seized, notice of his claim stating—

(a)the grounds of the interpleader claim or, in the case of a claim for rent, the particulars required by section 102 (2) of the Act; and

(b)the interpleader claimant’s full name and address.

(2) On receipt of an interpleader claim made under this rule, the court shall—

(a)send notice thereof to the execution creditor; and

(b)except where the interpleader claim is to the proceeds or value of the goods, send to the interpleader claimant a notice requiring him to make a deposit or give security in accordance with section 100 of the Act.

Reply to interpleader claimE+W

Rule 2—(1) Within 4 days after receiving notice of an interpleader claim under rule 1 (2) the execution creditor shall give notice to the court informing him whether he admits or disputes the interpleader claim or requests the district judge to withdraw from possession of the goods or money claimed.

(2) If, within the period aforesaid, the execution creditor gives notice to the court admitting the interpleader claim or requesting the district judge to withdraw from possession of the goods or money claimed, the execution creditor shall not be liable to the district judge for any fees or expenses incurred after receipt of the notice.

Order protecting district judgeE+W

Rule 3  Where the execution creditor gives the court such a notice as is mentioned in rule 2 (2), the district judge shall withdraw from possession of the goods or money claimed and may apply to the judge, on notice to the interpleader claimant, for an order restraining the bringing of a claim against the district judge for or in respect of his having taken possession of the goods or money and on the hearing of the application the judge may make such order as may be just.

Issue of interpleader proceedingsE+W

Rule 4—(1) Where the execution creditor gives notice under rule 2 (1) disputing an interpleader claim made under rule 1 or fails, within the period mentioned in rule 2 (1), to give the notice required by that rule, the district judge shall, unless the interpleader claim is withdrawn, issue an interpleader notice to the execution creditor and the interpleader claimant.

(2) On the issue of an interpleader notice under paragraph (1) the court officer shall enter the proceedings in the records of the court, fix a day for the hearing by the judge and prepare sufficient copies of the notice for service under this rule.

(3) Subject to paragraph (4) the notice shall be served on the execution creditor and the interpleader claimant in the manner [F929set out in CPR rule 6.2].

(4) Service shall be effected not less than 14 days before the return day.

Textual Amendments

Claim for damagesE+W

Rule 5  Where in interpleader proceedings under an execution the interpleader claimant claims from the execution creditor or the district judge, or the execution creditor claims from the district judge, damages arising or capable of arising out of the execution—

(a)the party claiming damages shall, within 8 days after service of the notice on him under rule 4(3), give notice of this claim to the court and to any other party against whom the claim is made, stating the amount and the grounds of the claim; and

(b)the party from whom damages are claimed may pay money into court in satisfaction of the claim as if the interpleader proceedings were a claim brought in accordance with CPR Part 7 by the person making the claim.

Part II— Otherwise than under ExecutionE+W

Application for reliefE+W

Rule 6—(1) Where a person (in this Part of this Order called “the applicant”) is under a liability in respect of a debt or any money or goods and he is, or expects to be, sued for or in respect of the debt, money or goods by two or more persons making adverse claims thereto (“the interpleader claimants”), he may apply to the court, in accordance with these rules, for relief by way of interpleader.

(2) The application shall be made to the court in which the claim is pending against the applicant or, if no claim is pending against him, to the court in which he might be sued.

(3) The application shall be made by filing a witness statement or affidavit showing that—

(a)the applicant claims no interest in the subject-matter in dispute other than for charges or costs;

(b)the applicant does not collude with any of the interpleader claimants; and

(c)the applicant is willing to pay or transfer the subject-matter into court or to dispose of it as the court may direct,

together with as many copies of the witness statement or affidavit as there are interpleader claimants.

Relief in pending claimE+W

Rule 7  Where the applicant is a defendant in a pending claim—

(a)the witness statement or affidavit and copies required by rule 6 (3) shall be filed within 14 days after service on him of the claim form;

(b)the return day of the application shall be a day fixed for the pre-trial review of the claim including the interpleader proceedings and, if a day has already been fixed for the pre-trial review or hearing of the claim, the court shall, if necessary, postpone it;

(c)the interpleader claimant, the applicant and the claimant in the claim shall be given notice of the application, which shall be prepared by the court together with sufficient copies for service;

(d)the notice to the interpleader claimant shall be served on him, together with a copy of the witness statement or affidavit filed under rule 6 (3) and of the claim form and particulars of claim in the claim, not less than 21 days before the return day in the same manner as an interpleader notice in accordance with rule 4(3);

(e)the notices to the applicant and the claimant shall be sent to them by the court and the notice to the claimant shall be accompanied by a copy of the said witness statement or affidavit.

Relief otherwise than in pending claimE+W

Rule 8  Where the applicant is not a defendant in a pending claim—

(a)the court shall enter the proceedings in the records of the court;

(b)the court shall fix a day for the pre-trial review or, if the court so directs, a day for the hearing of the proceedings and shall prepare and issue an interpleader notice, together with sufficient copies for service;

(c)the notice together with a copy of the witness statement or affidavit filed under rules 6 (3), shall be served on each of the claimants not less than 21 days before the return day in the same manner as an interpleader notice to be served under rule 4(3); and

(d)the court shall deliver or send a notice of issue to the applicant.

Payment into court etc.E+W

Rule 9  Before or after the court officer proceeds under rule 7 or 8 the district judge may direct the applicant to bring the subject-matter of the proceedings into court, or to dispose of it in such manner as the district judge thinks fit, to abide the order of the court.

Reply by interpleader claimantE+W

Rule 10—(1) An interpleader claimant shall, within 14 days after service on him of the notice under rule 7 (c) or the interpleader notice under rule 8 (c), file—

(a)a notice that he makes no interpleader claim; or

(b)particulars stating the grounds of his interpleader claim to the subject matter,

together in either case with sufficient copies for service under paragraph (2).

(2) The court shall send to each of the other parties a copy of any notice or particulars filed under paragraph (1).

(3) The court may, if it thinks fit, hear the proceedings although no notice or particulars have been filed.

Order barring interpleader claim etc.E+W

Rule 11—(1) Where an interpleader claimant does not appear on any day fixed for a pre-trial review or the hearing of interpleader proceedings, or fails or refuses to comply with an order made in the proceedings, the court may make an order barring his interpleader claim.

(2) If, where the applicant is a defendant in a pending claim, the claimant does not appear on any day fixed for a pre-trial review or the hearing of the interpleader proceedings, the claim including the interpleader proceedings may be struck out.

(3) In any other case where a day is fixed for the hearing of interpleader proceedings, the court shall hear and determine the proceedings and give judgment finally determining the rights and claims of the parties.

(4) Where the court makes an order barring the interpleader claim of an interpleader claimant, the order shall declare the interpleader claimant, and all persons claiming under him, for ever barred from prosecuting his interpleader claim against the applicant and all persons claiming under him, but unless the interpleader claimant has filed a notice under rule 10 that he makes no interpleader claim, such an order shall not affect the rights of the interpleader claimants as between themselves.

CCR ORDER 34E+WPENAL AND DISCIPLINARY PROVISIONS

Issue and service of summons for offence under s.14, 92 or 124 of the ActE+W

Rule 1  Where—

(a)it is alleged that any person has committed an offence under [F930section 14, 92 or 118] of the Act by assaulting an officer of the court while in the execution of his duty, or by rescuing or attempting to rescue any goods seized in execution, [F931or by wilfully insulting a judge, juror, witness or any officer of the court,] and the alleged offender has not been taken into custody and brought before the judge; or

(b)a complaint is made against an officer of the court under section 124 of the Act for having lost the opportunity of levying execution,

the court officer shall issue a summons, which shall be served on the alleged offender personally not less than 8 days before the return day appointed in the summons.

Textual Amendments

Committal under s.14, 92 or 118 of the ActE+W

Rule 1A  Rule 1 (5) of Order 29 shall apply, with the necessary modifications, where an order is made under section 14, 92 or 118 of the Act committing a person to prison.

Notice to show cause before or after fine under s.55 of the ActE+W

Rule 2  Before or after imposing a fine on any person under section 55 of the Act for disobeying a witness summons or refusing to be sworn or give evidence, the judge may direct the court officer to give to that person notice that if he has any cause to show why a fine should not be or should not have been imposed on him, he may show cause in person or by witness statement or affidavit or otherwise on a day named in the notice, and the judge after considering the cause shown may make such order as he thinks fit.

Non-payment of fineE+W

Rule 3—(1) If a fine is not paid in accordance with the order imposing it, the court officer shall forthwith report the matter to the judge.

(2) Where by an order imposing a fine, the amount of the fine is directed to be paid by instalments and default is made in the payment of any instalment, the same proceedings may be taken as if default had been made in payment of the whole of the fine.

(3) If the judge makes an order for payment of a fine to be enforced by warrant of execution, the order shall be treated as an application made to the district judge for the issue of the warrant at the time when the order was received by him.

Repayment of fineE+W

Rule 4  If, after a fine has been paid, the person on whom it was imposed shows cause sufficient to satisfy the judge that, if it had been shown at an earlier date, he would not have imposed a fine or would have imposed a smaller fine or would not have ordered payment to be enforced, the judge may order the fine or any part thereof to be repaid.

F932CCR ORDER 35E+WENFORCEMENT OF COUNTY COURT JUDGMENTS OUTSIDE ENGLAND AND WALES

Textual Amendments

Part I—Enforcement outside United KingdomE+W

Interpretation of Part IE+W

F932Rule 1  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application under s.10 of the Act of 1933 for certified copy of county court judgmentE+W

F932Rule 2  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application under s.12 of the Act of 1982 for certified copy of county court judgmentE+W

F932Rule 3  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application under Article 54 of the Council Regulation (EC) No. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial mattersE+W

F932Rule 3A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part II—Enforcement in other parts of the United KingdomE+W

Interpretation of Part IIE+W

F932Rule 4  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application for certificate of money provisionE+W

F932Rule 5  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application for certified copy of judgment containing non-money provisionE+W

F932Rule 6  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F933CCR ORDER 37...E+WREHEARING, SETTING ASIDE AND APPEAL FROM DISTRICT JUDGE

Textual Amendments

RehearingE+W

F933Rule 1  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appeal from district judgeE+W

F933Rule 6  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Imposition of terms and stay of executionE+W

F933Rule 8  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F934CCR ORDER 38E+WCOSTS

Textual Amendments

Fixed costsE+W

F934Rule 18  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F934APPENDIX BE+WPART I

F934...E+W

F934Part IIE+WJudgments

F934...E+W

F934PART IIIE+WMiscellaneous Proceedings

F934...

CCR ORDER 39E+WADMINISTRATION ORDERS

Exercise of powers by district judgeE+W

Rule 1  Any powers conferred on the court by Part VI of the Act, section 4 of the Attachment of Earnings Act 1971(124) or this Order may be exercised by the district judge or, in the circumstances mentioned in this Order, by the court officer.

Request and list of creditorsE+W

Rule 2—(1) A debtor who desires to obtain an administration order under Part VI of the Act shall file a request in that behalf in the court for the district in which he resides or carries on business.

(2) Where on his examination under [F935CPR Part 71], or otherwise, a debtor furnishes to the court on oath a list of his creditors and the amounts which he owes to them respectively and sufficient particulars of his resources and needs, the court may proceed as if the debtor had filed a request under paragraph (1).

(3) Where a debtor is ordered to furnish a list under section 4 (1)(b) of the said Act of 1971, then, unless otherwise directed, the list shall be filed within 14 days after the making of the order.

Textual Amendments

Verification on oathE+W

Rule 3  The statements in the request mentioned in rule 2 (1) and the list mentioned in rule 2 (3) shall be verified by the debtor on oath.

Orders made by the court officerE+W

Rule 5—(1) The question whether an administration order should be made, and the terms of such an order, may be decided by the court officer in accordance with the provisions of this rule.

(2) On the filing of a request or list under rule 2, the court officer may, if he considers that the debtor’s means are sufficient to discharge in full and within a reasonable period the total amount of the debts included in the list, determine the amount and frequency of the payments to be made under such an order (“the proposed rate”) and—

(a)notify the debtor of the proposed rate requiring him to give written reasons for any objection he may have to the proposed rate within 14 days of service of notification upon him;

(b)send to each creditor mentioned in the list provided by the debtor a copy of the debtor’s request or of the list together with the proposed rate;

(c)require any such creditor to give written reasons for any objection he may have to the making of an administration order within 14 days of service of the documents mentioned in sub-paragraph (b) upon him.

Objections under sub-paragraph (c) may be to the making of an order, to the proposed rate or to the inclusion of a particular debt in the order.

(3) Where no objection under paragraph (2)(a) or (c) is received within the time stated, the court officer may make an administration order providing for payment in full of the total amount of the debts included in the list.

(4) Where the debtor or a creditor notifies the court of any objection within the time stated, the court officer shall fix a day for a hearing at which the district judge will decide whether an administration order should be made and the court officer shall give not less than 14 days' notice of the day so fixed to the debtor and to each creditor mentioned in the list provided by the debtor.

(5) Where the court officer is unable to fix a rate under paragraph (2) (whether because he considers that the debtor’s means are insufficient or otherwise), he shall refer the request to the district judge.

(6) Where the district judge considers that he is able to do so without the attendance of the parties, he may fix the proposed rate providing for payment of the debts included in the list in full or to such extent and within such a period as appears practicable in the circumstances of the case.

(7) Where the proposed rate is fixed under paragraph (6), paragraphs (2) to (4) shall apply with the necessary modifications as if the rate had been fixed by the court officer.

(8) Where the district judge does not fix the proposed rate under paragraph (6), he shall direct the court officer to fix a day for a hearing at which the district judge will decide whether an administration order should be made and the court officer shall give not less than 14 days' notice of the day so fixed to the debtor and to each creditor mentioned in the list provided by the debtor.

(9) Where an administration order is made under paragraph (3), the court officer may exercise the power of the court under section 5 of the Attachment of Earnings Act 1971 to make an attachment of earnings order to secure the payments required by the administration order.

Notice of objection by creditorE+W

Rule 6—(1) Any creditor to whom notice has been given under rule 5 (8) and who objects to any debt included in the list furnished by the debtor shall, not less than 7 days before the day of hearing, give notice of his objection, stating the grounds thereof, to the court officer, to the debtor and to the creditor to whose debt he objects.

(2) Except with the permission of the court, no creditor may object to a debt unless he has given notice of his objection under paragraph (1).

Procedure on day of hearingE+W

Rule 7  On the day of the hearing—

(a)any creditor, whether or not he is mentioned in the list furnished by the debtor, may attend and prove his debt or, subject to rule 6, object to any debt included in that list;

(b)every debt included in that list shall be taken to be proved unless it is objected to by a creditor or disallowed by the court or required by the court to be supported by evidence;

(c)any creditor whose debt is required by the court to be supported by evidence shall prove his debt;

(d)the court may adjourn proof of any debt and, if it does so, may either adjourn consideration of the question whether an administration order should be made or proceed to determine the question, in which case, if an administration order is made, the debt, when proved, shall be added to the debts scheduled to the order;

(e)any creditor whose debt is admitted or proved, and, with the permission of the court, any creditor the proof of whose debt has been adjourned, shall be entitled to be heard and to adduce evidence on the question whether an administration order should be made and, if so, in what terms.

Direction for order to be subject to reviewE+W

Rule 8—(1) The court may, on making an administration order or at any subsequent time, direct that the order shall be subject to review at such time or at such intervals as the court may specify.

(2) Where the court has directed that an administration order shall be subject to review, the court officer shall give to the debtor and to every creditor who appeared when the order was made not less than 7 days' notice of any day appointed for such a review.

(3) Nothing in this rule shall require the court officer to fix a day for a review under rule 13A.

Service of orderE+W

Rule 9  Where an administration order is made, the court officer shall send a copy to—

(a)the debtor;

(b)every creditor whose name was included in the list furnished by the debtor;

(c)any other creditor who has proved his debt; and

(d)every other court in which, to the knowledge of the district judge, judgment has been obtained against the debtor or proceedings are pending in respect of any debt scheduled to the order.

Subsequent objection by creditorE+W

Rule 10—(1) After an administration order has been made, a creditor who has not received notice under rule 5 and who wishes to object to a debt scheduled to the order, or to the manner in which payment is directed to be made by instalments, shall give notice to the court officer of his objection and of the grounds thereof.

(2) On receipt of such notice the court shall consider the objection and may—

(a)allow it;

(b)dismiss it; or

(c)adjourn it for hearing on notice being given to such persons and on such terms as to security for costs or otherwise as the court thinks fit.

(3) Without prejudice to the generality of paragraph (2), the court may dismiss an objection if it is not satisfied that the creditor gave notice of it within a reasonable time of his becoming aware of the administration order.

Subsequent proof by creditorE+W

Rule 11—(1) Any creditor whose debt is not scheduled to an administration order, and any person who after the date of the order became a creditor of the debtor, shall, if he wishes to prove his debt, send particulars of his claim to the court officer, who shall give notice of it to the debtor and to every creditor whose debt is so scheduled.

(2) If neither the debtor nor any creditor gives notice to the court officer, within 7 days after receipt of notice under paragraph (1), that he objects to the claim, then, unless it is required by the court to be supported by evidence, the claim shall be taken to be proved.

(3) If the debtor or a creditor gives notice of objection within the said period of 7 days or the court requires the claim to be supported by evidence, the court officer shall fix a day for consideration of the claim and give notice of it to the debtor, the creditor by whom the claim was made and the creditor, if any, making the objection, and on the hearing the court may either disallow the claim or allow it in whole or in part.

(4) If a claim is taken to be proved under paragraph (2) or allowed under paragraph (3), the debt shall be added to the schedule to the order and a copy of the order shall then be sent to the creditor by whom the claim was made.

Permission to present bankruptcy petitionE+W

Rule 12  An application by a creditor under section 112 (4) of the Act(125) for permission to present or join in a bankruptcy petition shall be made on notice to the debtor in accordance with CPR Part 23, but the court may, if it thinks fit, order that notice be given to any other creditor whose debt is scheduled to the administration order.

Conduct of orderE+W

Rule 13—(1) The court manager or such other officer of the court as the court making an administration order shall from time to time appoint shall have the conduct of the order and shall take all proper steps to enforce the order (including exercising the power of the court under section 5 of the Attachment of Earnings Act 1971 to make an attachment of earnings order to secure payments required by the administration order) or to bring to the attention of the court any matter which may make it desirable to review the order.

(2) Without prejudice to section 115 of the Act, any creditor whose debt is scheduled to the order may, with the permission of the court, take proceedings to enforce the order.

(3) The debtor or, with the permission of the court, any such creditor may apply to the court to review the order.

(4) When on a matter being brought to its attention under paragraph (1) the court so directs or the debtor or a creditor applies for the review of an administration order, rule 8 (2) shall apply as if the order were subject to review under that rule.

(5) Nothing in this rule shall require the court officer to fix a day for a review under rule 13A.

Review by court officer in default of paymentE+W

Rule 13A—(1) Where it appears that the debtor is failing to make payments in accordance with the order, the court officer shall (either of his own initiative or on the application of a creditor whose debt is scheduled to the administration order) send a notice to the debtor—

(a)informing him of the amounts which are outstanding; and

(b)requiring him (within 14 days of service of the notice upon him) to

(i)make the payments as required by the order; or

(ii)explain his reasons for failing to make the payments; and

(iii)make a proposal for payment of the amounts outstanding, or

(iv)make a request to vary the order.

(2) If the debtor does not comply with paragraph (1)(b) within the time stated, the court officer shall revoke the administration order.

(3) The court officer shall refer a notice given by a debtor under paragraph (1)(b)(ii), (iii) or (iv) to the district judge who may—

(a)without requiring the attendance of the parties—

(i)revoke the administration order or vary it so as to provide for payment of the debts included in the order in full or to such extent and within such a period as appears practicable in the circumstances of the case; or

(ii)suspend the operation of the administration order for such time and on such terms as he thinks fit; or

(b)require the court officer to fix a day for the review of the administration order and to give to the debtor and to every creditor whose debt is scheduled to the administration order not less than 8 days' notice of the day so fixed.

(4) Any party affected by an order made under paragraph (2) or (3)(a) may, within 14 days of service of the order on him and giving his reasons, apply on notice for the district judge to consider the matter afresh and the court officer shall fix a day for the hearing of the application before the district judge and give to the debtor and to every creditor whose debt is scheduled to the administration order not less than 8 days' notice of the day so fixed.

(5) On hearing an application under paragraph (4), the district judge may confirm the order or set it aside and make such new order as he thinks fit and the order so made shall be entered in the records of the court.

Review of orderE+W

Rule 14—(1) On the review of an administration order the court may—

(a)if satisfied that the debtor is unable from any cause to pay any instalment due under the order, suspend the operation of the order for such time and on such terms as it thinks fit;

(b)if satisfied that there has been a material change in any relevant circumstances since the order was made, vary any provision of the order made by virtue of section 112 (6) of the Act;

(c)if satisfied that the debtor has failed without reasonable cause to comply with any provision of the order or that it is otherwise just and expedient to do so, revoke the order, either forthwith or on failure to comply with any condition specified by the court; or

(d)make an attachment of earnings order to secure the payments required by the administration order or vary or discharge any such attachment of earnings order already made.

(2) The court officer shall send a copy of any order varying or revoking an administration order to the debtor, to every creditor whose debt is scheduled to the administration order and, if the administration order is revoked, to any other court to which a copy of the administration order was sent pursuant to rule 9.

Discharge of attachment of earnings orderE+W

Rule 16  On the revocation of an administration order any attachment of earnings order made to secure the payments required by the administration order shall be discharged.

Declaration of dividendsE+W

Rule 17—(1) The officer having the conduct of an administration order shall from time to time declare dividends and distribute them among the creditors entitled to them.

(2) When a dividend is declared, notice shall be sent by the officer to each of the creditors.

Creditors to rank equallyE+W

Rule 18  All creditors scheduled under section 113 (d) of the Act(126) before an administration order is superseded under section 117 (2) of the Act shall rank equally in proportion to the amount of their debts subject to the priority given by the said paragraph (d) to those scheduled as having been creditors before the date of the order, but no payment made to any creditor by way of dividend or otherwise shall be disturbed by reason of any subsequent proof by any creditor under the said paragraph (d).

Change of debtor’s addressE+W

Rule 19—(1) A debtor who changes his residence shall forthwith inform the court of his new address.

(2) Where the debtor becomes resident in the district of another court, the court in which the administration order is being conducted may transfer the proceedings to that other court.

CCR ORDER 42E+WPROCEEDINGS BY AND AGAINST THE CROWN

Application and interpretationE+W

F936Rule 1  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Particulars of claim in claim against the CrownE+W

F936Rule 4  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Subsequent procedure in claimE+W

F936Rule 5  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Subsequent procedure in fixed date claimE+W

F936Rule 6  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Service on the CrownE+W

F936Rule 7  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Special provisions regarding orders made by the Court of its own initiative against the CrownE+W

F936Rule 8  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Counterclaim in proceedings by or against the CrownE+W

F936Rule 9  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Adjustment of liability under judgment for taxesE+W

F936Rule 10  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Part 20 claim against the Crown where the Crown is not already a partyE+W

F936Rule 11  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Disclosure against the CrownE+W

F936Rule 12  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Execution and satisfaction of orders against the CrownE+W

F936Rule 13  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Attachment of debts etc.E+W

F936Rule 14  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

CCR ORDER 43E+WTHE LANDLORD AND TENANT ACTS 1927, 1954, 1985 AND 1987

InterpretationE+W

F937Rule 1  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement of proceedings and answerE+W

F937Rule 2  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Claim for compensation in respect of improvementE+W

F937Rule 3  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Proceedings under Part I of the Act of 1927E+W

F937Rule 4  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Proceedings under Part I of the Act of 1954E+W

F937Rule 5  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Application for new tenancy under section 24 of the Act of 1954E+W

F937Rule 6  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Answer to application for new tenancy under section 24 of the Act of 1954E+W

F937Rule 7  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Order dismissing application under section 24 which is successfully opposedE+W

F937Rule 8  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Other applications under Part II of the Act of 1954E+W

F937Rule 9  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Service of order in proceedings under Part II of the Act of 1954E+W

F937Rule 10  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Proof of determination of rateable valueE+W

F937Rule 11  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Provisions as to assessorsE+W

F937Rule 13  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

District judge’s jurisdictionE+W

F937Rule 15  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Application under section 12 (2) of the Act of 1985E+W

F937Rule 16  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Transfer to leasehold valuation tribunalE+W

F937Rule 16A  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Application under section 19 of the Act of 1987E+W

F937Rule 17  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Application for order under section 24 of the Act of 1987E+W

F937Rule 18  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Application for acquisition order under section 29 of the Act of 1987E+W

F937Rule 19  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Application for order under section 38 or section 40 of the Act of 1987E+W

F937Rule 20  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Service of documents in proceedings under the Act of 1987E+W

F937Rule 21  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Tenants' associationsE+W

F937Rule 22  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

CCR ORDER 44E+WTHE AGRICULTURAL HOLDINGS ACT 1986

Order to arbitrator to state caseE+W

F938Rule 1  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Special case stated by arbitratorE+W

F938Rule 2  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Removal of arbitrator or setting aside awardE+W

F938Rule 3  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Enforcement of order imposing penaltyE+W

Rule 4—(1) When taking any proceedings for the enforcement in a county court of an order under section 27 of the Agricultural Holdings Act 1986, the party in whose favour the order was made shall file—

(a)a certified copy of the order; and

(b)a certificate specifying the amount due under the order and stating whether any previous proceedings have been taken for its enforcement and, if so, the nature of the proceedings and their result.

(2) Where it is desired to enforce the order by warrant of execution, the proceedings may be taken in any court in the district of which execution is to be levied.

CCR ORDER 45E+WTHE REPRESENTATION OF THE PEOPLE ACT 1983

Application for detailed assessment of returning officer’s accountE+W

F939F940Rule 1  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Appeal from decision of registration officerE+W

Rule 2  F939. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Selected appealsE+W

F939Rule 3  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F941CCR ORDER 46E+WTHE LEGITIMACY ACT 1976

Textual Amendments

Manner of applicationE+W

F941Rule 1  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Preliminary consideration and serviceE+W

F941Rule 2  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

AnswerE+W

F941Rule 3  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F942CCR ORDER 47E+WDOMESTIC AND MATRIMONIAL PROCEEDINGS

Textual Amendments

Family Law Reform Act 1969E+W

F942Rule 5  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F943CCR ORDER 48BE+W[F944Enforcement of traffic penalties]

Textual Amendments

Application and interpretationE+W

F943Rule 1  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Establishment of the [F945traffic enforcement centre] E+W

F943Rule 1A  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Requests for ordersE+W

F943Rule 2  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

DocumentsE+W

F943Rule 3  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Functions of court officerE+W

F943Rule 4  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enforcement of ordersE+W

F943Rule 5  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CCR ORDER 48DE+WENFORCEMENT OF FIXED PENALTIES UNDER THE ROAD TRAFFIC (VEHICLE EMISSIONS) (FIXED PENALTY) REGULATIONS 1997

Application and interpretationE+W

F9461.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The traffic enforcement centreE+W

F9462.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Requests for Orders and Warrants of ExecutionE+W

F9463.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

DocumentsE+W

F9464.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Enforcement of OrdersE+W

F9465.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

CCR ORDER 49E+WMISCELLANEOUS STATUTES

Access to Neighbouring Land Act 1992(127)E+W

F947Rule 1  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Administration of Justice Act 1970(128)E+W

F948Rule 1A  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Chancel Repairs Act 1932(129)E+W

F949Rule 2  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Consumer Credit Act 1974(130)E+W

F950Rule 4  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Applications under section 114, 204 and 231 of the Copyright, Designs and Patents Act 1988E+W

F951Rule 4A  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Fair Trading Act 1973E+W

F952Rule 5  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Housing Act 1988: assured tenanciesE+W

F953Rule 6  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Housing Act 1988: assured shorthold tenanciesE+W

F954Rule 6A  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Housing Act 1996: injunctions F955...E+W

F956Rule 6B  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F955Words in Sch. 2 CCR Order 49 rule 6B heading omitted (15.10.2001) by The Civil Procedure (Amendment No. 4) Rules 2001 (S.I. 2001/2792), rules 1(b), 23(a) (with rule 24)

Injunctions to prevent environmental harm: Town and Country Planning Act 1990 etc.E+W

F957Rule 7  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Leasehold Reform Act 1967(131)E+W

F958Rule 8  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F958 Sch. 2 CCR Order 49 rule 8 revoked (15.10.2001) by The Civil Procedure (Amendment) Rules 2001 (S.I. 2001/256), rule 1(d), Sch. 3

Leasehold Reform, Housing and Urban Development Act 1993(132)E+W

F959Rule 9  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Local Government Finance Act 1982(133)E+W

F960Rule 10  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F960Sch. 2 CCR Order 49 rule 10 revoked (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rule 1(b), Sch. 8 (with rule 39(b)) (as amended by S.I. 2000/940, rules 1, 2)

Local Government (Miscellaneous Provisions) Act 1976(134)E+W

F961Rule 11  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F961Sch. 2 CCR Order 49 rule 11 revoked (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rule 1(b), Sch. 8 (with rule 39(b)) (as amended by S.I. 2000/940, rules 1, 2)

Mental Health Act 1983(135)E+W

F962Rule 12  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Mobile Homes Act 1983(136)E+W

F963Rule 13  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F964Postal Services Act 2000] E+W

F965Rule 15  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Rentcharges Act 1977(137)E+W

F966Rule 16  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F967Sex Discrimination Act 1975, Race Relations Act 1976, Disability Discrimination Act 1995 and Disability Rights Commission Act 1999] E+W

F968Rule 17  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F967Sch. 2 CCR Order 49 rule 17 heading substituted (3.7.2000) by The Civil Procedure (Amendment No. 3) Rules 2000 (S.I. 2000/1317), rules 1, 38(a) (with rule 39)

Solicitors Act 1974(138)E+W

F969Rule 18  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F969Sch. 2 CCR Order 49 rule 18 omitted (26.4.1999) by virtue of The Civil Procedure (Amendment) Rules 1999 (S.I. 1999/1008), rules 1, 73(f)

Telecommunications Act 1984(139)E+W

Rule 18A—(1) CPR Rule 35.15 applies to proceedings under paragraph 5 of Schedule 2 to the Telecommunications Act 1984.

Applications under section 19 of the Trade Marks Act 1994E+W

F970Rule 18B  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Trade Union and Labour Relations Consolidation Act 1992(140)E+W

Rule 19—(1) Where a complainant desires to have an order of the Certification Officer under section 82 of the Trade Union and Labour Relations Consolidation Act 1992 recorded in the county court, he shall produce the order and a copy thereof to the court for the district in which he resides or the head or main office of the trade union is situate.

(2) The order shall be recorded by filing it, and the copy shall be sealed and dated and returned to the complainant.

(3) The sealed copy shall be treated as if it were the notice of issue in a claim begun by the complainant.

(4) The costs, if any, allowed for recording the order shall be recoverable as if they were payable under the order.

(5) The order shall not be enforced until proof is given to the satisfaction of the court that the order has not been obeyed and, if the order is for payment of money, of the amount remaining unpaid.

Trustee Act 1925, s.63(141)E+W

F971Rule 20  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Explanatory Note

(This note is not part of the Rules)

These Rules provide a new code of civil procedure for the civil courts. They replace the Rules of the Supreme Court 1965 and the County Court Rules 1981. As well as the main body of the new rules (Parts 1—48), they also provide for certain specialist proceedings (Part 49) and transitional provisions (Part 51); the details of these are contained in practice directions. Part 50 introduces schedules to the Rules containing those provisions of the former rules of court which for the time being are re-enacted as part of the Civil Procedure Rules but without substantial changes.

(6)

1984 c. 42. Section 40 was amended by the Courts and Legal Services Act 1990 (c. 41), Schedule 18, paragraph 50.

(11)

1981 c. 54. Section 35A was inserted by the Administration of Justice Act 1982 (c. 53), section 15(1), Schedule 1, Part I.

(12)

1984 c. 28. Section 69 was amended by the Courts and Legal Services Act 1990 (c. 41), Schedule 18, paragraph 46.

(17)

1981 c. 54. Section 35A was inserted by the Administration of Justice Act 1982 (c. 53), section 15(1), Schedule 1, Part I.

(18)

1984 c. 28. Section 69 was amended by the Courts and Legal Services Act 1990 (c. 41), section 125(3), Schedule 18, paragraph 46.

(24)

1977 c. 32; section 4 was amended by the Supreme Court Act 1981 (c. 54), section 152(1), Schedule 5; by the County Courts Act 1984 (c. 28), section 148(1), Schedule 2, Part V, paragraph 64 and by S.I. 1980/397 (NI3).

(26)

1981 c. 54. Section 33 was amended by S.I. 1998/ 2940.

(27)

1984 c. 28. Section 52 was amended by the Courts and Legal Services Act 1990 (c. 41), Schedule 18, paragraph 43 and by S.I. 1998/2940.

(28)

1981 c. 54. Section 34 was amended by S.I. 1998/ 2940.

(29)

1984 c. 28. Section 53 was amended by the Courts and Legal Services Act 1990 (c. 41), Schedule 18, paragraph 44 and by S.I. 1998/2940.

(31)

1984 c. 28. Section 40 was substituted by section 2(1) of the Courts and Legal Services Act 1990 (c. 41). Section 41 was amended by the Matrimonial and Family Proceedings Act 1984 (c. 42), Schedule 1, paragraph 31 and by section 2(2) of the Courts and Legal Services Act 1990. Section 42 was substituted by section 2(3) of the Courts and Legal Services Act 1990.

(32)

An application for disclosure before proceedings have started is permitted under section 33 of the Supreme Court Act 1981(c. 54) or section 52 of the County Courts Act 1984 (c. 28).

(33)

An application for disclosure against a person who is not a party to proceedings is permitted under section 34 of the Supreme Court Act 1981(c. 54) or section 53 of the County Courts Act 1984 (c. 28).

(34)

1995 c. 38. Section 2 provides that a party proposing to bring hearsay evidence must notify any other party of that fact and, on request, give particulars of or relating to the evidence.

(35)

Section 9 of the Civil Evidence Act 1995 provides that documents that form part of the records of a business or public authority, as defined in that section, may be received in evidence without further proof.

(38)

1984 c. 28. Section 63 was amended by S.I. 1998/2940.

(39)

1838 c. 110. Section 17 was amended by S.I. 1998/ 2940.

(40)

1984 c. 28. Section 74 was amended by section 2 of the Private International Law (Miscellaneous Provisions) Act 1995 (c. 42).

(43)

1981 c. 54. Section 32A was inserted by section 6(1) of the Administration of Justice Act 1982 (c. 53)

(46)

1838 c. 110. Section 17 was amended by S.I. 1998/2940.

(47)

1984 c. 28. Section 74 was amended by section (2) of the Private International Law (Miscellaneous Provisions) Act 1995 (c. 42).

(48)

1838 c. 110. Section 17 was amended by S.I. 1998/2940.

(49)

1984 c. 28. Section 74 was amended by section 2 of the Private International Law (Miscellaneous Provisions) Act 1995 (c. 42).

(50)

1838 c. 110. Section 17 was amended by S.I. 1998/2940.

(51)

1984 c. 28. Section 74 was amended by section 2 of the Private International Law (Miscellaneous Provisions) Act 1995 (c. 42).

(52)

1981 c. 54. Section 33 was amended by S.I. 1998/2940.

(53)

1984 c. 28. Section 52 was amended by the Courts and Legal Services Act 1990 (c. 41), Schedule 18, paragraph 43 and by S.I. 1998/2940.

(54)

1981 c. 54. Section 34 was amended by S.I. 1998/2940.

(55)

1984 c. 28. Section 53 was amended by the Courts and Legal Services Act 1990 (c. 41), Schedule 18, paragraph 44 and by S.I. 1998/2940.

(56)

1981 c. 54. Section 51 was substituted by section 4(1) of the Courts and Legal Services Act 1990 (c. 41).

(58)

1981 c. 54. Section 51 was substituted by section 4(1) of the Courts and Legal Services Act 1990 (c. 41).

(62)

Section 138 was amended by the Administration of Justice Act 1985 (c. 61), sections 55 and 67(2); and by the Courts and Legal Services Act 1990 (c. 41), section 125(2), schedule 17, paragraph 17.

(68)

1976 c. 63; section 3(8) was amended by the Criminal Law Act 1977 (c. 45), section 65(4), schedule 12.

(69)

1976 c. 63; section 3(6) was amended by the Criminal Justice and Public Order Act 1994 (c. 33), sections 27(2), 168(3), schedule 11.

(70)

1976 c. 63; section 5 was amended by the Criminal Justice Act 1982 (c. 48), section 60; and by the Criminal Law Act 1977 (c. 45), section 65(4), schedule 12; and by the Criminal Justice and Public Order Act 1994 (c. 33), section 27(4), schedule 3, paragraph 1.

(75)

1936 c. 2.

(77)

1923 c. 8; section 17 was amended by the Friendly Societies Act 1971 (c. 66), sections 5(5), 14(2), schedule 3 and by the Friendly Societies Act 1992 (c. 40), section 100, schedule 19, Part I, paragraphs 1, 5 and 6.

(78)

1967 c. 88; section 19 was amended by the Local Land Charges Act 1975 (c. 76), section 17(2), schedule 1.

(80)

1969 c. 59; section 25 was amended by the Limitation Act 1980 (c. 58), section 40(2), schedule 3, paragraph 9; and by the Land Charges Act 1972 (c. 61), section 18, schedule 5.

(81)

1982 c. 16; section 86 was amended by the Merchant Shipping Act 1995 (c. 21), section 314(2), schedule 13, paragraph 64.

(89)

1990 c. 8.

(90)

1990 c. 9.

(97)

1966 c. 4.

(98)

1927 c. 36; section 1 was amended by the Landlord and Tenant Act 1954 (c. 56), section 47(5). Section 8 was amended by the 1954 Act, sections 45, 68(1) and schedule 7.

(100)

1987 c. 31.

(101)

1982 c. 32.

(102)

1974 c. 47.

(103)

1960 c. 65.

(104)

1994 c. 37.

(105)

1990 c. 5.

(106)

1990 c. 5.

(107)

1988 c. 33.

(108)

1986 c. 45.

(109)

1948 c. 38.

(111)

1928 c. 43.

(112)

1986 c. 45.

(113)

1971 c. 32.

(114)

1971 c. 32; section 23(1) was amended by the Administration of Justice Act 1982 (c. 53), section 53(2).

(115)

1971 c. 32; section 4 was amended by the Insolvency Act 1976 (c. 60), section 13(2); and by the County Courts Act 1984 (c. 28), section 148(1), schedule 2, Part V, paragraph 40.

(116)

1984 c. 28.

(117)

1984 c. 28.

(118)

1973 c. 18.

(119)

1973 c. 18; section 28(1) was amended by the Matrimonial and Family Proceedings Act 1984 (c. 42), section 5.

(120)

1971 c. 32; section 23(1) was amended by the Administration of Justice Act 1982 (c. 53), section 53(2).

(121)

1971 c. 32.

(123)

Section 118 was amended by the Statute Law (Repeals) Act 1986 (c. 12); and by the Courts and Legal Services Act 1990 (c. 41), section 74(6).

(124)

1971 c. 32; section 4 was amended by the Insolvency Act 1976 (c. 60), section 13(2); and by the County Courts Act 1984 (c. 28), section 148(1), schedule 2, Part V, paragraph 40.

(125)

Section 112 was amended by the Insolvency Act 1985 (c. 65), section 220(2).

(126)

Section 113 was amended by the Administration of Justice Act 1985 (c. 61), section 67(2), schedule 8, Part II.

(127)

1992 c. 23.

(128)

1970 c. 31.

(129)

1932 c. 20.

(130)

1974 c. 39.

(131)

1967 c. 88; section 11 was amended by the Rentcharges Act 1977 (c. ), section 17(2), schedule 2. Section 21 was amended by the Housing Act 1980 (c. 51), sections 142, 152, schedule 22, Part II, paragarph 8, schedule 26; by the County Courts Act 1984 (c. 28), section 148(1), schedule 2, Part V, paragraph 31; by the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28), section 187(1), schedule 21, paragraph 4; and by the Housing Act 1996 (c. 52), sections 115. 116, schedule 11, paragraph 1(2).

(132)

1993 c. 28; section 26 was amended by the Housing Act 1996 (c. 52).

(133)

1982 c. 32; sections 19 and 20 were amended by the National Health Service and Community Care Act 1990 (c. 19), section 20, schedule 4, paragraphs 9 and 10; by the Education Reform Act 1988 (c. 40), section 237(2), schedule 13, Part I; by the Police and Magistrates' Courts Act 1994 (c. 29), section 43, schedule 4, Part I, paragraphs 26 and 27; by the Police Act 1996 (c. 16), section 103(1), schedule 7, Part 1, paragraph 1, and by the Police Act 1997 (c. 50), section 88, schedule 6, paragraphs 19 and 21; and by S.I. 1991/724 and 1996/3141.

(134)

1976 c. 57; section 23 was amended by S.I. 1996/3071. Section 35 was amended by the Local Government Act 1985 (c. 51), section 102(2), schedule 17 and by S.I. 1996/3071.

(135)

1983 c. 20; section 145(1) was amended by the Health Authorities Act 1995 (c. 17), section 2(1), schedule 1, Part III, paragraph 107; by the National Health Service and Community Care Act 1990 (c. 19), section 66(1), schedule 9, paragraph 24(9); and by the Mental Health (Amendment) Act 1994 (c. 6), section 1.

(136)

1983 c. 34.

(137)

1977 c. 30.

(138)

1974 c. 47.

(139)

1984 c. 12.

(140)

1992 c. 52.

(141)

1925 c. 19; section 63 was amended by the Administration of Justice Act 1965 (c. 2), section 36(4), schedule 3.

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