The Civil Procedure Rules 1998

RSC ORDER 93 E+W APPLICATIONS AND APPEALS TO HIGH COURT UNDER VARIOUS ACTS: CHANCERY DIVISION

Notice of petition under section 55 of National Debt Act 1870(1) E+W

Rule1  Where a petition is presented under section 55 of the National Debt Act, 1870, the petitioner must, before the petition is heard, apply to a judge of the Chancery Division F1 ... for directions with respect to giving notice of the claim to which the petition relates, and the judge may direct that notice thereof be given by advertisement or in such other manner as he may direct or may dispense with the giving of such notice.

Textual Amendments

F1 Words in Sch. 1 RSC Order 93 rule 1 omitted (26.4.1999) by virtue of The Civil Procedure (Amendment) Rules 1999 (S.I. 1999/1008), rules 1, 62(g)

Application under Public Trustee Act 1906(2) E+W

Rule 2  Without prejudice to sections 10 (2) and 13 (7) of the Public Trustee Act, 1906, the jurisdiction of the High Court under that Act shall be exercised by a judge of the Chancery Division sitting in private.

Proceedings under Trustee Act 1925(3) E+W

Rule 4  All proceedings brought in the High Court under the Trustee Act, 1925, shall be assigned to the Chancery Division.

Application under section 2(3) of Public Order Act 1936(4) E+W

Rule 5—(1) Proceedings by which an application is made to the High Court under section 2 (3) of the Public Order Act 1936, shall be assigned to the Chancery Division.

(2) Such an application shall be made by claim form and the persons to be made defendants to the claim shall be such persons as the Attorney-General may determine.

(3) In the absence of other sufficient representation the Court may appoint the official solicitor to represent any interests which in the opinion of the Court ought to be represented on any inquiry directed by the Court under the said section 2 (3).

Application under Variation of Trusts Act 1958(5) E+W

Rule 6—(1) Proceedings by which an application is made to the High Court under section 1 of the Variation of Trusts Act 1958, shall be assigned to the Chancery Division.

(2) Such an application shall be made by claim form and in addition to any other persons who are necessary and proper defendants to the claim, the settlor and any other person who provided property for the purposes of the trusts to which the application relates must, if still alive and not the claimant, be made a defendant unless the Court for some special reason otherwise directs.

Right of appeal under Law of Property Act E+W

Rule 9  An appeal shall lie to the High Court against a decision of the Minister of Agriculture, Fisheries and Food under paragraph 16 of Schedule 15 to the Law of Property Act 1922(6).

Determination of appeal or case stated under various Acts E+W

Rule 10—(1) An appeal to the High Court against an order of a county court made under the Land Registration Act 1925(7), shall be heard and determined by a Divisional Court of the Chancery Division.

(2) Subject to paragraph (1) any appeal to the High Court, and any case stated or question referred for the opinion of that Court, under any of the following enactments, that is to say—

(c) paragraph 16 of Schedule 15 to the Law of Property Act 1922(8),

(d) the Industrial Assurance Act 1923(9),

(f) the Land Registration Act 1925(10),

(g) section 205(4) of the Water Resources Act 1991(11),

(j) section 38 (3) of the Clergy Pensions Measure 1961(12),

(m) the Industrial and Provident Societies Act 1965(13),

(n) section 173 of the Pension Schemes Act 1993(14),

(o) section 151 of the Pension Schemes Act 1993

shall be heard and determined by a single judge of the Chancery Division.

(3) No appeal shall lie from the decision of the Court on an appeal under any of the enactments mentioned in paragraph (2)(c), (f) or (o) except with the permission of the Court or the Court of Appeal.

Appeal under section 17 of Industrial Assurance Act 1923(15) E+W

Rule11—(1) An application to the judge for permission to appeal to the High Court against a direction of the Commissioner under section 17 (3) of the Industrial Assurance Act 1923 must be made within 21 days after the date of the Commissioner’s refusal or direction.

(2) An application for the grant of such permission must be made F2 ... without notice being served on any other party by a witness statement or affidavit stating the material facts, the effect of the Commissioner’s refusal or direction, the grounds on which the application is made and that the witness is advised and believes that the applicant has good grounds for appealing.

(3) No order under this rule granting permission to appeal shall be drawn up but the court officer shall indorse on the notice of appeal by which the appeal is brought a note signed by him stating that permission to appeal was granted by the Court and the date on which it was granted. A copy of such note shall appear on any copy of such notice served on a respondent to the appeal.

(4) Order 55, rule 4 (2) shall not apply in relation to an appeal with respect to which permission has been granted under this rule, but the notice of appeal by which the appeal is brought must be served, and the appeal entered, within 28 days after permission to appeal was granted.

Textual Amendments

F2 Words in Sch. 1 RSC Order 93 rule 11(2) omitted (26.4.1999) by virtue of The Civil Procedure (Amendment) Rules 1999 (S.I. 1999/1008), rules 1, 46

Appeals, etc., affecting industrial and provident societies, etc. E+W

Rule12—(1) At any stage of the proceedings on an appeal under—

(a) the Friendly Societies Act 1896(16) or the Friendly Societies Act 1974(17),

(c) the Industrial Assurance Act 1923(18), or

(e) the Industrial and Provident Societies Act 1965(19),

the Court may direct that the notice of appeal by which the appeal is brought be served on any person or may direct that notice be given by advertisement or otherwise of the bringing of the appeal, the nature thereof and the time when it will or is likely to be heard or may give such other directions as it thinks proper for enabling any person interested in the society, trade union, alleged trade union or industrial assurance company concerned or in the subject-matter of the appeal to appear and be heard on the appeal.

(2) An application for directions under paragraph (1) may be made by either party to the appeal in accordance with CPR Part 23 returnable at Chancery Chambers.

Application under section 19 or 27 of Leasehold Reform Act 1967(20) E+W

Rule 15  Proceedings by which an application is made to the High Court under section 19 or 27 of the Leasehold Reform Act 1967 shall be assigned to the Chancery Division.

Proceedings under the Commons Registration Act 1965(21) E+W

Rule16—(1) Proceedings in the High Court under section 14 or 18 of the Commons Registration Act 1965 shall be assigned to the Chancery Division.

(2) The time within which a person aggrieved by the decision of a Commons Commissioner may require the Commissioner to state a case for the opinion of the High Court pursuant to the said section 18 shall be six weeks from the date on which notice of the decision was sent to the person aggrieved.

(3) An appeal by way of case stated under the said section 18 shall be heard and determined by a single judge.

Proceedings under section 21 or 25 of the Law of Property Act 1969(22) E+W

Rule 17  Proceedings in the High Court under section 21 or 25 of the Law of Property Act 1969 shall be assigned to the Chancery Division.

Proceedings under section 86 of the Civil Aviation Act 1982(23) E+W

Rule 18—(1) Proceedings in the High Court for the amendment of any register of aircraft mortgages kept pursuant to an Order in Council made under section 86 of the Civil Aviation Act 1982 shall be assigned to the Chancery Division.

(2) Such proceedings shall be brought by claim form and every person, other than the claimant, appearing in the register as mortgagee or mortgagor of the aircraft in question shall be made a defendant to the claim.

(3) A copy of the claim form shall also be sent to the Civil Aviation Authority and the Authority shall be entitled to be heard in the proceedings.

Proceedings under s.85 (7) of the Fair Trading Act 1973(24) and the Control of Misleading Advertisements Regulations 1988(25) E+W

Rule 19—(1) Proceedings to which this rule applies shall be assigned to the Chancery Division and may be begun by claim form.

(2) This rule applies to any application to the High Court for an order under s.85 (7) of the Fair Trading Act 1973, or under any provision to which that section applies or under the Control of Misleading Advertisements Regulations 1988.

Proceedings under section 50 of the Administration of Justice Act 1985(26) E+W

Rule 20—(1) Proceedings by which an application is made to the High Court under section 50 of the Administration of Justice Act 1985 for an order appointing a substituted personal representative or terminating the appointment of an existing personal representative shall be assigned to the Chancery Division.

(2) An application under the said section 50 shall be made by claim form or, if it is made in existing proceedings, by an application in accordance with CPR Part 23.

(3) All the existing personal representatives and, subject to any direction of the Court, such of the persons having a beneficial interest in the estate as the claimant thinks fit, must be made parties to the application.

(4) Such an application must be supported by:

(a) a sealed or certified copy of the grant of probate or letters of administration, and

(b) a witness statement or affidavit containing the grounds of the application and the following particulars so far as the claimant can gain information with regard to them:—

(i) short particulars of the property comprised in the estate, with an approximate estimate of its income, and capital value;

(ii) short particulars of the liabilities of the estate;

(iii) particulars of the persons who are in possession of the documents relating to the estate;

(iv) the names of the beneficiaries and short particulars of their respective interests; and

(v) the name, address and occupation of any proposed substituted personal representative;

(c) where the application is for the appointment of a substituted personal representative:—

(i) a signed or (in the case of the Public Trustee or a corporation) sealed consent to act, and

(ii) a witness statement or affidavit as to the fitness of the proposed substituted personal representative, if an individual, to act.

(5) On the hearing of an application under the said section 50 the personal representative shall produce to the Court the grant of representation to the deceased’s estate and, if an order is made under the said section, the grant (together with a sealed copy of the order) shall be sent to and remain in the custody of the principal registry of the Family Division until a memorandum of the order has been endorsed on or permanently annexed to the grant.

Proceedings under section 48 of the Administration of Justice Act 1985 E+W

Rule 21  Proceedings by which an application is made to the High Court under section 48 of the Administration of Justice Act 1985 shall be assigned to the Chancery Division and shall be begun by claim form but the claim need not be served on any other party.

Proceedings under the Financial Services Act 1986(27) E+W

Rule 22—(1) In this rule “the Act” means the Financial Services Act 1986 and a section referred to by number means the section so numbered in that Act.

(2) Proceedings in the High Court under the Act (other than application for mandamus) and actions for damages for breach of a statutory duty imposed by the Act shall be assigned to the Chancery Division.

(3) Such proceedings and actions shall be begun by claim form except for applications by petition by the Secretary of State or a designated agency under section 72.

(4) No order shall be made under sections 6, 61, 71, 91, 104, 131, 184 or paragraph 22 of Schedule 11 against any person unless he is a party to the relevant proceedings.

• Where there is a question of the construction of any of the rules or regulations referred to in section 61 (1)(a) of the Act, the Secretary of State, designated agency, or any person referred to in section 61 (1)(a)(iv) may make representations to the Court.

Proceedings under the Banking Act 1987(28) E+W

Rule 23—(1) In this rule “the Act” means the Banking Act 1987 and a section referred to by number means the section so numbered in the Act.

(2) Proceedings in the High Court under the following sections of the Act shall be assigned to the Chancery Division and shall be begun—

(a) as to applications under section 26 (3), 71 (3) and (5) and 77 (3) and (5), by claim form;

(b) as to appeals under section 31 (1), by notice of appeal;

(c) as to applications under sections 48 (1), 49 (1) and 93 (1) and (2), by claim form.

(3) No order shall be made under section 48 (1) against any person unless he is a party to the proceedings.

(4) Where an application has been made under section 71 (3) or (5) or section 77 (3) or (5) the Bank of England shall within 28 days after service on it of copies of the claimant’s witness statement or affidavit evidence cause a witness statement or affidavit to be made, filed and served on the claimant setting out the reasons for its objection to the claimant’s name.

(1)

1870 c. 71.

(2)

1906 c. 55.

(3)

1925 c. 19.

(4)

1936 c. 2.

(5)

1958 c. 53.

(6)

1922 c. 16; Paragraph 16 was amended by the Law of Property (Amendment) Act 1924 (c. 5), section 2, schedule 2.

(7)

1925 c. 21.

(8)

1922 c. 16.

(9)

1923 c. 8.

(10)

1925 c. 21.

(11)

1991 c. 57.

(12)

1961 No.3.

(13)

1965 c. 12.

(14)

1993 c. 48.

(15)

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.

(16)

1896 c. 25.

(17)

1974 c. 66.

(18)

1923 c. 8.

(19)

1965 c. 12.

(20)

1967 c. 88; section 19 was amended by the Local Land Charges Act 1975 (c. 76), section 17(2), schedule 1.

(21)

1965 c. 65.

(22)

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.

(23)

1982 c. 16; section 86 was amended by the Merchant Shipping Act 1995 (c. 21), section 314(2), schedule 13, paragraph 64.

(24)

1973 c. 41.

(25)

S.I. 1988/915.

(26)

1985 c. 61.

(27)

1986 c. 60.

(28)

1987 c. 22.