PART 2APPLICATION AND INTERPRETATION OF THE RULES

InterpretationI12.3

1

In these Rules—

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

  • F3“civil restraint order” means an order restraining a party—

    1. a

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

    2. b

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

    3. 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;

  • F1“defendant’s home court” means—

    1. a

      F9if a claim is proceeding in the County Court, the County Court hearing centre serving the address where the defendant resides or carries on business; and

    2. 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;

    F18...

  • F6...

  • F19filing” means delivering a document or information, by post or otherwise, to the court office;

  • judge” means, unless the context otherwise requires, a judge, Master or F12District Judge or a person authorised to act as such;

  • F7‘judge of the County Court’ has the meaning given in section 5 of the County Courts Act 1984;

  • 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;

  • F13“justices’ legal adviser” means a person nominated by the Lord Chancellor who is authorised to exercise functions under section 28(1) of the Courts Act 2003;

  • F5“legal representative” means a—

    1. (a)

      barrister;

    2. (b)

      solicitor;

    3. (c)

      solicitor’s employee;

    4. (d)

      manager of a body recognised under section 9 of the Administration of Justice Act 1985; or

    5. (e)

      person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the conduct of litigation (within the meaning of that Act),

      who has been instructed to act for a party in relation to proceedings;

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

  • F16MyHMCTS” means the online case management tool managed by F20His Majesty’s Courts and Tribunals Service;

  • F8‘preferred hearing centre’ means, if the claim is proceeding in the County Court, the County Court hearing centre the claimant has specified in practice form N1 as the hearing centre to which the proceedings should be sent if necessary;

  • F4protected party” has the meaning given by rule 21.1(2);

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

  • “statement of case”—

    1. a

      means a claim form, particulars of claim where these are not included in a claim form, defence, F21counterclaim or other additional claim, or reply to defence; and

    2. 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 24F14;

  • F15“tape recorded” includes (as do references to tape recording and tape recorders) recording by the use or means of any other instrument or device.

F171A

Unless the contrary is indicated, a definition that applies to a Part of these Rules applies also to a practice direction supplementing that Part.

2

A reference to a “specialist list” is a reference to a list(GL)that has been designated as such by a F2rule or practice direction.

3

Where the context requires, a reference to “the court” means a reference to F10the County Court, a F11District Registry, or the Royal Courts of Justice.