The Civil Procedure Rules 1998

Where to make an applicationE+W

23.2—(1) The general rule is that an application must be made to the court [F1or County Court hearing centre] where the claim was started.

[F2(2) If a claim has been transferred to another court, or transferred or sent to another County Court hearing centre since it was started, an application must be made to the court or the County Court hearing centre to which the claim has been transferred or sent, unless there is good reason to make the application to a different court.]

(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) [F3Subject to paragraph (4A), 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.

[F4(4A) An application made in the County Court before a claim has been started may be made at any County Court hearing centre, unless any enactment, rule or practice direction provides otherwise.]

(5) If an application is made after proceedings to enforce judgment have begun, it must be made to [F5the court or County Court hearing centre] which is dealing with the enforcement of the judgment unless any [F6enactment,] rule or practice direction provides otherwise.

Textual Amendments

Commencement Information

I1Rule 23.2 in force at 26.4.1999, see Signature