The Civil Procedure Rules 1998

PART 5 E+W COURT DOCUMENTS

Contents of this Part

Scope of this Part	Rule 5.1
Preparation of documents	Rule 5.2
Signature of documents by mechanical means	Rule 5.3
Supply of documents from court records	Rule 5.4

Scope of this Part E+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

I1 Rule 5.1 in force at 26.4.1999, see Signature

Preparation of documents E+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—

F1 (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

F1 Rule 5.2(1)(b)(i) omitted (25.3.2002) by virtue of The Civil Procedure (Amendment No. 4) Rules 2001 (S.I. 2001/2792), rules 1(c), 3 (with rule 24)

Commencement Information

I2 Rule 5.2 in force at 26.4.1999, see Signature

Signature of documents by mechanical means E+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

I3 Rule 5.3 in force at 26.4.1999, see Signature

[F2 Supply of documents from court records – general E+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.)

(3) A party to proceedings may, unless the court orders otherwise, obtain from the records of the court a copy of—

(a) a statement of case;

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

(c) an application notice, other than in relation to—

(i) an application by a solicitor for an order declaring that he has ceased to be the solicitor acting for a party; or

(ii) an application for an order that the identity of a party or witness should not be disclosed;

(d) any written evidence filed in relation to an application, other than a type of application mentioned in sub-paragraph (c)(i) or (ii);

(e) a notice of payment into court;

(f) an appellant’s notice or respondent’s notice.

(4) 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.

(5) Any other person may—

(a) unless the court orders otherwise, obtain from the records of the court a copy of—

(i) a claim form, subject to paragraph (6) and to any order of the court under paragraph (7);

(ii) a judgment or order given or made in public (whether made at a hearing or without a hearing), subject to paragraph (6); and

(b) 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.

(6) A person may obtain a copy of a claim form or a judgment or order under paragraph (5)(a) 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.

(7) The court may, on the application of a party or of any person identified in the claim form—

(a) restrict the persons or classes of persons who may obtain a copy of the claim form;

(b) order that persons or classes of persons may only obtain a copy of the claim form if it is edited in accordance with the directions of the court; or

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

(8) A person wishing to obtain a copy of a document under paragraph (3), (4) or (5) 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.

(9) An application for permission to obtain a copy of a document, or for an order under paragraph (7), may be made without notice, but the court may direct notice to be given to any person who would be affected by its decision.

(10) Paragraphs (3) to (9) of this rule do not apply in relation to any proceedings in respect of which a rule or practice direction makes different provision.]

Textual Amendments

F2 Rule 5.4 substituted (1.10.2004) by The Civil Procedure (Amendment No.2) Rules 2004 (S.I. 2004/2072), rules 1(b), 7

[F3 Supply of documents to Attorney-General from court records E+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

F3 Rule 5.4A inserted (1.6.2004) by The Civil Procedure (Amendment) Rules 2004 (S.I. 2004/1306), rules 1(a), 3

[F4 Filing and sending documents E+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

F4 Rule 5.5 inserted (2.12.2002) by The Civil Procedure (Amendment) Rules 2002 (S.I. 2002/2058), rules 1(b), 4