1998 No. 3132 (L.17) SUPREME COURT OF ENGLAND AND WALES COUNTY COURTS
10th December 1998 26th April 1999
The Civil Procedure Rule Committee, having power under section 2 of the Civil Procedure Act 1997 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—
These Rules are a new procedural code with the overriding objective of enabling the court to deal with cases justly and at proportionate cost.
Dealing with a case justly and at proportionate cost includes, so far as is practicable—
ensuring that the parties are on an equal footing;
saving expense;
dealing with the case in ways which are proportionate—
to the amount of money involved;
to the importance of the case;
to the complexity of the issues; and
to the financial position of each party;
ensuring that it is dealt with expeditiously and fairly; ...
allotting to it an appropriate share of the court’s resources, while taking into account the need to allot resources to other cases ; and
enforcing compliance with rules, practice directions and orders.
The court must seek to give effect to the overriding objective when it—
exercises any power given to it by the Rules; or
interprets any rule , subject to rules 76.2, 79.2 , 80.2 , 82.2 and 88.2.
The parties are required to help the court to further the overriding objective.
The court must further the overriding objective by actively managing cases.
Active case management includes —
encouraging the parties to co-operate with each other in the conduct of the proceedings;
identifying the issues at an early stage;
deciding promptly which issues need full investigation and trial and accordingly disposing summarily of the others;
deciding the order in which issues are to be resolved;
encouraging the parties to use an alternative dispute resolution(GL) procedure if the court considers that appropriate and facilitating the use of such procedure;
helping the parties to settle the whole or part of the case;
fixing timetables or otherwise controlling the progress of the case;
considering whether the likely benefits of taking a particular step justify the cost of taking it;
dealing with as many aspects of the case as it can on the same occasion;
dealing with the case without the parties needing to attend at court;
making use of technology; and
giving directions to ensure that the trial of a case proceeds quickly and efficiently.
Nothing in the overriding objective undermines the principles provided by the Welsh Language (Wales) Measure 2011 that the Welsh language has official status in Wales or by the Welsh Language Act 1993 that in any legal proceedings in Wales the Welsh language may be used by any person who desires to use it.
The parties are required to assist the court to put into effect the principles set out in paragraph (1).
Subject to paragraph (2), these Rules apply to all proceedings in—
County Court;
the High Court; and
the Civil Division of the Court of Appeal.
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—
Insolvency proceedings
Non-contentious or common form probate proceedings
Proceedings in the High Court when acting as a Prize Court
Proceedings before the Court of Protection
Family proceedings
Adoption proceedings
Election petitions in the High Court
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.
Subject to paragraph (3), words in these Rules which are included in the glossary are followed by “(GL)”.
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)”.
In these Rules—
A reference to a “specialist list” is a reference to a list(GL)that has been designated as such by a rule or practice direction.
Where the context requires, a reference to “the court” means a reference to the County Court, a District Registry, or the Royal Courts of Justice.
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—
in relation to proceedings in the High Court, by any judge, Master , Registrar in Bankruptcy or District Judge of that Court; and
in relation to proceedings in the County Court, by any judge of the County Court.
A legal adviser, defined in paragraph 1.2(b) of Practice Direction 2E, may exercise the jurisdiction of the County Court specified in, and subject to, that Practice Direction.
(Rule 3.2 allows a court officer to refer to a judge before taking any step)
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.
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.
The court must seal(GL) the following documents on issue—
the claim form; and
any other document which a rule or practice direction requires it to seal.
The court may place the seal(GL) on the document—
by hand; or
by printing a facsimile of the seal on the document whether electronically or otherwise.
A document purporting to bear the court’s seal(GL) shall be admissible in evidence without further proof.
The court may deal with a case at any place that it considers appropriate.
Examples
This rule shows how to calculate any period of time for doing any act which is specified—
by these Rules;
by a practice direction; or
by a judgment or order of the court.
A period of time expressed as a number of days shall be computed as clear days.
In this rule “clear days” means that in computing the number of days— are not included.
the day on which the period begins; and
if the end of the period is defined by reference to an event, the day on which that event occurs,
Notice of an application must be served at least 3 days before the hearing.
The court is to fix a date for a hearing.
Particulars of claim must be served within 14 days of service of the claim form.
Where the specified period— Example
is 5 days or less; and
includes— that day does not count.
a Saturday or Sunday; or
a Bank Holiday, Christmas Day or Good Friday,
Subject to the provisions of Practice Direction 5C, when the period specified— 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.
by these Rules or a practice direction; or
by any judgment or court order,
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—
be expressed as a calendar date; and
include the time of day by which the act must be done.
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.
Where “month” occurs in any judgment, order, direction or other document, it means a calendar month.
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)
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.
Except where these Rules provide otherwise, 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);
adjourn or bring forward a hearing;
require that any proceedings in the High Court be heard by a Divisional Court of the High Court;
require a party or a party’s legal representative to attend the court;
hold a hearing and receive evidence by telephone or by using any other method of direct oral communication;
direct that part of any proceedings (such as a counterclaim) be dealt with as separate proceedings;
stay(GL) the whole or part of any proceedings or judgment either generally or until a specified date or event;
consolidate proceedings;
try two or more claims on the same occasion;
direct a separate trial of any issue;
decide the order in which issues are to be tried;
exclude an issue from consideration;
dismiss or give judgment on a claim after a decision on a preliminary issue;
order any party to file and exchange a costs budget;
take any other step or make any other order for the purpose of managing the case and furthering the overriding objective , including hearing an Early Neutral Evaluation with the aim of helping the parties settle the case.
When the court makes an order, it may —
make it subject to conditions, including a condition to pay a sum of money into court; and
specify the consequence of failure to comply with the order or a condition.
Where the court has made a direction in accordance with paragraph (2)(bb) the proceedings shall be heard by a Divisional Court of the High Court and not by a single judge.
Where the court gives directions it will take into account whether or not a party has complied with the Practice Direction (Pre-Action Conduct) and any relevant pre-action protocol(GL).
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.
When exercising its power under paragraph (5) the court must have regard to—
the amount in dispute; and
the costs which the parties have incurred or which they may incur.
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 .... ...
A power of the court under these Rules to make an order includes a power to vary or revoke the order.
The court may contact the parties from time to time in order to monitor compliance with directions. The parties must respond promptly to any such enquiries from the court.
This rule applies in any proceedings where at least one party is unrepresented.
When the court is exercising any powers of case management, it must have regard to the fact that at least one party is unrepresented.
Both the parties and the court must, when drafting case management directions in the multi-track and fast track, take as their starting point any relevant standard directions which can be found online at www.justice.gov.uk/courts/procedure-rules/civil and adapt them as appropriate to the circumstances of the case.
The court must adopt such procedure at any hearing as it considers appropriate to further the overriding objective.
At any hearing where the court is taking evidence this may include—
ascertaining from an unrepresented party the matters about which the witness may be able to give evidence or on which the witness ought to be cross-examined; and
putting, or causing to be put, to the witness such questions as may appear to the court to be proper.
Where a step is to be taken by a court officer—
the court officer may consult a judge before taking that step;
the step may be taken by a judge instead of the court officer.
(Part 23 sets out the procedure for making an application)
Except where a rule or some other enactment provides otherwise, the court may exercise its powers on an application or of its own initiative.
Where the court proposes to make an order of its own initiative—
it may give any person likely to be affected by the order an opportunity to make representations; and
where it does so it must specify the time by and the manner in which the representations must be made.
Where the court proposes— it must give each party likely to be affected by the order at least 3 days' notice of the hearing.
to make an order of its own initiative; and
to hold a hearing to decide whether to make the order,
The court may make an order of its own initiative without hearing the parties or giving them an opportunity to make representations.
Where the court has made an order under paragraph (4)—
a party affected by the order may apply to have it set aside(GL), varied or stayed(GL); and
the order must contain a statement of the right to make such an application.
An application under paragraph (5)(a) must be made—
within such period as may be specified by the court; or
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.
If the court of its own initiative strikes out a statement of case or dismisses an application (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—
the court’s order must record that fact; and
the court must at the same time consider whether it is appropriate to make a civil restraint order.
In this rule and rule 3.5, reference to a statement of case includes reference to part of a statement of case.
The court may strike out(GL) a statement of case if it appears to the court—
that the statement of case discloses no reasonable grounds for bringing or defending the claim;
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
that there has been a failure to comply with a rule, practice direction or court order.
When the court strikes out a statement of case it may make any consequential order it considers appropriate.
Where— the court may, on the application of the defendant, stay(GL) that other claim until the costs of the first claim have been paid.
the court has struck out a claimant’s statement of case;
the claimant has been ordered to pay costs to the defendant; and
before the claimant pays those costs, the claimant 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,
Paragraph (2) does not limit any other power of the court to strike out(GL) a statement of case.
If the court strikes out a claimant’s statement of case and it considers that the claim is totally without merit—
the court’s order must record that fact; and
the court must at the same time consider whether it is appropriate to make a civil restraint order.
This rule applies where—
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
the party against whom the order was made does not comply with it.
A party may obtain judgment with costs by filing a request for judgment if—
the order referred to in paragraph (1)(a) relates to the whole of a statement of case; and
where the party wishing to obtain judgment is the claimant, the claim is for—
a specified amount of money;
an amount of money to be decided by the court;
delivery of goods where the claim form gives the defendant the alternative of paying their value; or
any combination of these remedies.
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 the defendant does not do so) pay the value of the goods as decided by the court (less any payments made).
The request must state that the right to enter judgment has arisen because the court’s order has not been complied with.
A party must make an application in accordance with Part 23 if they wish to obtain judgment under this rule in a case to which paragraph (2) does not apply.
If a claimant files a request for judgment in the County Court Money Claims Centre in accordance with rule 3.5, in a claim which includes an amount of money to be decided by the court, the claim will be sent to the preferred hearing centre.
If a claim is sent to a preferred hearing centre pursuant to paragraph (1), any further correspondence should be sent to, and any further requests should be made at, the hearing centre to which the claim was sent.
A party against whom the court has entered judgment under rule 3.5 may apply to the court to set the judgment aside.
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.
If the right to enter judgment had not arisen at the time when judgment was entered, the court must set aside(GL) the judgment.
If the application to set aside(GL) is made for any other reason, rule 3.9 (relief from sanctions) shall apply.
(Rule 44.9 provides for the basis of assessment where a right to costs arises under this rule and contains provisions about when a costs order is deemed to have been made and applying for an order under section 194(3) of the Legal Services Act 2007 )
Except where rule 3.7A1 applies, this rule applies to fees payable by the claimant where—
(Repealed)
(Repealed)
(Repealed)
the court has made an order giving permission to proceed with a claim for judicial review ; or
the fee payable for a hearing specified by the Civil Proceedings Fees Order 2008 (Fees Order 2008) is not paid.
The court will serve a notice on the claimant requiring payment of the fee specified in the Fees Order 2008 if, at the time the fee is due, the claimant has not paid it or made an application for full or part remission.
The notice will specify the date by which the claimant must pay the fee.
If the claimant does not— by the date specified in the notice—
pay the fee; or
make an application for full or part remission of the fee,
the claim will automatically be struck out without further order of the court; and
the claimant will be liable for the costs which the defendant has incurred unless the court orders otherwise.
Where an application for—
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
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.
If the claimant does not pay the fee by the date specified in the notice—
the claim will automatically be struck out without further order of the court; and
the claimant will be liable for the costs which the defendant has incurred unless the court orders otherwise.
If— the relief will be conditional on the claimant either paying the fee or filing evidence of full or part remission of the fee within the period specified in paragraph (8).
a claimant applies to have the claim reinstated; and
the court grants relief,
The period referred to in paragraph (7) is—
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;
in any other case, 7 days from the date of service of the order on the claimant.
(Rule 44.9 provides for the basis of assessment where a right to costs arises under this rule and contains provisions about when a costs order is deemed to have been made and applying for an order under section 194(3) of the Legal Services Act 2007.)
In this rule and in rule 3.7AA—
“Fees Order 2008” means the Civil Proceedings Fees Order 2008;
“fee notice” means a notice of—
the amount of a trial fee;
the trial fee payment date; and
the consequences of non-payment of the trial fee;
“trial date” means the date of the trial in relation to which the trial fee is payable, and if the trial in relation to which the trial fee is payable is scheduled to commence during the course of a specified period, “trial date” means the date of the Monday of the first week of that specified period;
“trial fee” means fee 2.1 set out in the Table in Schedule 1 to the Fees Order 2008 and payable for the trial of a case on the multi-track, fast track or small claims track;
“trial fee payment date” means the date by which the trial fee must be paid, calculated in accordance with the Fees Order 2008;
“revised trial fee payment date” means, if an application for fee remission is denied in whole or part, the revised date by which the fee or part of it is to be paid, calculated in accordance with the Fees Order 2008.
This rule applies in relation to trial fees where that fee is to be paid by the claimant and the court notifies the parties in writing of the trial date.
When the court notifies the parties in writing of the trial date, the court must also send a fee notice to the claimant.
The fee notice may be contained in the same document as the notice of trial date, or may be a separate document.
Where an application for full or part remission of a trial fee is refused, when the court sends written notice to the claimant of the refusal, the court must also notify the claimant in writing—
that the claimant is required to pay the full trial fee by the revised trial fee payment date; and
of the consequences of non-payment of the trial fee.
Where part remission of a fee is granted, when the court sends written notice to the claimant of the part remission, the court must also notify the claimant in writing—
that the claimant is required to pay the balance of the trial fee by the revised trial fee payment date; and
of the consequences of non-payment of the balance of the trial fee.
If— the claim will automatically be struck out without further order of the court, and unless the court orders otherwise, the claimant will be liable for the costs which the defendant has incurred.
the claimant has had notice in accordance with this rule to pay the trial fee;
the claimant has not applied to have the trial fee remitted in whole or part; and
the trial fee has not been paid on or before the trial fee payment date,
If— the claim will automatically be struck out without further order of the court, and, unless the court orders otherwise, the claimant will be liable for the costs which the defendant has incurred.
the claimant has had notice in accordance with this rule to pay the trial fee;
the claimant has applied to have the trial fee remitted in whole or part;
remission is refused or only part remission of the trial fee is granted;
following the decision on remission, the claimant has had notice in accordance with this rule to pay the full trial fee or balance of it; and
the full trial fee or balance of it (as appropriate) has not been paid on or before the revised trial fee payment date,
If— the relief must be conditional on the claimant either paying the trial fee or filing evidence of full or part remission of that fee within the period specified in paragraph (10).
a claimant applies to have the claim reinstated; and
the court grants relief,
The period referred to in paragraph (9) is—
if the order granting relief is made at a hearing at which the claimant is present or represented, 2 days from the date of the order;
in any other case, 7 days from the date of service of the order on the claimant.
If a fee is not paid for a claim where there is also a counterclaim, the counterclaim will still stand.
Except where rule 3.7AA applies, this rule applies to fees payable by the defendant where—
a defendant files a counterclaim without—
payment of the fee specified by the Civil Proceedings Fees Order 2008 (Fees Order 2008); or
making an application for full or part remission of the fee; or
the proceedings continue on the counterclaim alone and—
(Repealed)
(Repealed)
(Repealed)
the fee payable for a hearing specified by the Fees Order 2008 is not paid.
The court will serve a notice on the defendant requiring payment of the fee specified in the Fees Order 2008 if, at the time the fee is due, the defendant has not paid it or made an application for full or part remission.
The notice will specify the date by which the defendant must pay the fee.
If the defendant does not— by the date specified in the notice, the counterclaim will automatically be struck out without further order of the court.
pay the fee; or
make an application for full or part remission of the fee,
Where an application for—
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
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.
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.
If— the relief will be conditional on the defendant either paying the fee or filing evidence of full or part remission of the fee within the period specified in paragraph (8).
the defendant applies to have the counterclaim reinstated; and
the court grants relief,
The period referred to in paragraph (7) is—
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;
in any other case, 7 days from the date of service of the order on the defendant.
This rule applies in relation to trial fees where that fee is to be paid by the defendant and the court notifies the defendant in writing of the trial date. (Definitions contained in rule 3.7A1(1) apply to this rule also.)
When the court notifies the parties in writing of the trial date, the court must also send a fee notice to the defendant.
The fee notice may be contained in the same document as the notice of trial date, or may be a separate document.
Where an application for full or part remission of a trial fee is refused, when the court sends written notice to the defendant of the refusal, the court must also notify the defendant in writing—
that the defendant is required to pay the full trial fee by the revised trial fee payment date; and
of the consequences of non-payment of the trial fee.
Where part remission of a fee is granted, when the court sends written notice to the defendant of the part remission, the court must also notify the defendant in writing—
that the defendant is required to pay the balance of the trial fee by the revised trial fee payment date; and
of the consequences of non-payment of the balance.
If— the counterclaim will automatically be struck out without further order of the court.
the defendant has had notice in accordance with this rule to pay the trial fee;
the defendant has not applied to have the trial fee remitted in whole or part; and
the trial fee has not been paid on or before the trial fee payment date,
If— the counterclaim will automatically be struck out without further order of the court.
the defendant has had notice in accordance with this rule to pay the trial fee;
the defendant has applied to have the trial fee remitted in whole or part;
remission is refused or only part remission of the trial fee is granted;
following the decision on remission, the defendant has had notice in accordance with this rule to pay the full trial fee or balance of it; and
the full trial fee or balance of it (as appropriate) has not been paid on or before the revised trial fee payment date,
If— the relief will be conditional on the defendant either paying the trial fee or filing evidence of full or part remission of the fee within the period specified in paragraph (9).
a defendant applies to have the counterclaim reinstated; and
the court grants relief,
The period referred to in paragraph (8) is—
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;
in any other case, 7 days from the date of service of the order on the defendant.
This rule applies where any fee is paid by cheque and that cheque is subsequently dishonoured.
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.
If the fee is not paid by the date specified in the notice— and the paying party shall be liable for the costs which any other party has incurred unless the court orders otherwise. (Rule 44.9 provides for the basis of assessment where a right to costs arises under this rule)
where the fee is payable by the claimant, the claim will automatically be struck out without further order of the court;
where the fee is payable by the defendant, the defence will automatically be struck out without further order of the court,
If— the relief shall be conditional on that party paying the fee within the period specified in paragraph (5).
the paying party applies to have the claim or defence reinstated; and
the court grants relief,
The period referred to in paragraph (4) is—
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;
in any other case, 7 days from the date of service of the order on the paying party.
For the purposes of this rule, “claimant” includes a Part 20 claimant and “claim form” includes a Part 20 claim.
(Rule 3.9 sets out the circumstances which the court will consider on an application to grant relief from a sanction)
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.
Where the sanction is the payment of costs, the party in default may only obtain relief by appealing against the order for costs.
Where a rule, practice direction or court order— the time for doing the act in question may not be extended by agreement between the parties except as provided in paragraph (4).
requires a party to do something within a specified time, and
specifies the consequence of failure to comply,
In the circumstances referred to in paragraph (3) and unless the court orders otherwise, the time for doing the act in question may be extended by prior written agreement of the parties for up to a maximum of 28 days, provided always that any such extension does not put at risk any hearing date
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 of the case, so as to enable it to deal justly with the application, including the need—
for litigation to be conducted efficiently and at proportionate cost; and
to enforce compliance with rules, practice directions and orders.
An application for relief must be supported by evidence.
Where there has been an error of procedure such as a failure to comply with a rule or practice direction—
the error does not invalidate any step taken in the proceedings unless the court so orders; and
the court may make an order to remedy the error.
A practice direction may set out—
the circumstances in which the court has the power to make a civil restraint order against a party to proceedings;
the procedure where a party applies for a civil restraint order against another party; and
the consequences of the court making a civil restraint order.
This Section and Practice Direction 3E apply to all Part 7 multi-track cases, except—
where the claim is commenced on or after 22nd April 2014 and the amount of money claimed as stated on the claim form is £10 million or more; or
where the claim is commenced on or after 22nd April 2014 and is for a monetary claim which is not quantified or not fully quantified or is for a non-monetary claim and in any such case the claim form contains a statement that the claim is valued at £10 million or more; or
where in proceedings commenced on or after 6th April 2016 a claim is made by or on behalf of a person under the age of 18 (a child) (and on a child reaching majority this exception will continue to apply unless the court otherwise orders); or
where the proceeding are the subject of fixed costs or scale costs; or
the court otherwise orders.
This Section and Practice Direction 3E will apply to any other proceedings (including applications) where the court so orders.
The purpose of costs management is that the court should manage both the steps to be taken and the costs to be incurred by the parties to any proceedings so as to further the overriding objective.
Unless the court otherwise orders, all parties except litigants in person must file and exchange budgets—
where the stated value of the claim on the claim form is less than £50,000, with their directions questionnaires; or
in any other case, not later than 21 days before the first case management conference.
In the event that a party files and exchanges a budget under paragraph (1), all other parties, not being litigants in person, must file an agreed budget discussion report no later than 7 days before the first case management conference.
Unless the court otherwise orders, any party which fails to file a budget despite being required to do so will be treated as having filed a budget comprising only the applicable court fees.
In addition to exercising its other powers, the court may manage the costs to be incurred (the budgeted costs) by any party in any proceedings.
The court may at any time make a “costs management order”. Where costs budgets have been filed and exchanged the court will make a costs management order unless it is satisfied that the litigation can be conducted justly and at proportionate cost in accordance with the overriding objective without such an order being made. By a costs management order the court will—
record the extent to which the budgeted costs are agreed between the parties;
in respect of the budgeted costs which are not agreed, record the court’s approval after making appropriate revisions;
record the extent (if any) to which incurred costs are agreed
If a costs management order has been made, the court will thereafter control the parties’ budgets in respect of recoverable costs.
Whether or not the court makes a costs management order, it may record on the face of any case management order any comments it has about the incurred costs which are to be taken into account in any subsequent assessment proceedings.
Any hearing which is convened solely for the purpose of costs management (for example, to approve a revised budget) is referred to as a “costs management conference”.
Where practicable, costs management conferences should be conducted by telephone or in writing.
When making any case management decision, the court will have regard to any available budgets of the parties and will take into account the costs involved in each procedural step.
Paragraph (1) applies whether or not the court has made a costs management order.
In any case where a costs management order has been made, when assessing costs on the standard basis, the court will— (Attention is drawn to rules 44.3(2)(a) and 44.3(5), which concern proportionality of costs.)
have regard to the receiving party’s last approved or agreed budgeted costs for each phase of the proceedings; ...
not depart from such approved or agreed budgeted costs unless satisfied that there is good reason to do so ; and
take into account any comments made pursuant to rule 3.15(4) or paragraph 7.4 of Practice Direction 3E and recorded on the face of the order
For the purposes of this Section—
‘costs capping order’ means an order limiting the amount of future costs (including disbursements) which a party may recover pursuant to an order for costs subsequently made; and
‘future costs’ means costs incurred in respect of work done after the date of the costs capping order but excluding the amount of any additional liability.
This Section does not apply to judicial review costs capping orders under Part 4 of the Criminal Justice and Courts Act 2015 or to protective costs orders. (Rules 46.16 to 46.19 make provision for judicial review costs capping orders under Part 4 of the Criminal Justice and Courts Act 2015.)
(Repealed)
A costs capping order may be in respect of –
the whole litigation; or
any issues which are ordered to be tried separately.
The court may at any stage of proceedings make a costs capping order against all or any of the parties, if—
it is in the interests of justice to do so;
there is a substantial risk that without such an order costs will be disproportionately incurred; and
it is not satisfied that the risk in subparagraph (b) can be adequately controlled by–
case management directions or orders made under this Part; and
detailed assessment of costs.
In considering whether to exercise its discretion under this rule, the court will consider all the circumstances of the case, including—
whether there is a substantial imbalance between the financial position of the parties;
whether the costs of determining the amount of the cap are likely to be proportionate to the overall costs of the litigation;
the stage which the proceedings have reached; and
the costs which have been incurred to date and the future costs.
A costs capping order, once made, will limit the costs recoverable by the party subject to the order unless a party successfully applies to vary the order. No such variation will be made unless—
there has been a material and substantial change of circumstances since the date when the order was made; or
there is some other compelling reason why a variation should be made.
An application for a costs capping order must be made on notice in accordance with Part 23.
The application notice must –
set out –
whether the costs capping order is in respect of the whole of the litigation or a particular issue which is ordered to be tried separately; and
why a costs capping order should be made; and
be accompanied by a budget setting out –
the costs (and disbursements) incurred by the applicant to date; and
the costs (and disbursements) which the applicant is likely to incur in the future conduct of the proceedings.
The court may give directions for the determination of the application and such directions may –
direct any party to the proceedings –
to file a schedule of costs in the form set out in paragraph 3 of Practice Direction 3F – Costs capping;
to file written submissions on all or any part of the issues arising;
fix the date and time estimate of the hearing of the application;
indicate whether the judge hearing the application will sit with an assessor at the hearing of the application; and
include any further directions as the court sees fit.
An application to vary a costs capping order must be made by application notice pursuant to Part 23.
This Part contains general provisions about—
documents used in court proceedings; and
the obligations of a court officer in relation to those documents.
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 court officer otherwise directs; or
it is a document to which— applies.
(Repealed)
(Repealed)
CCR Order 28, rule 11(1) (issue of warrant of committal),
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.
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.
A court or court office may keep a publicly accessible register of claims which have been issued out of that court or court office.
Any person who pays the prescribed fee may, during office hours, search any available register of claims.
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).
The Attorney-General must, when exercising the right under paragraph (1)—
pay any prescribed fee; and
file a written request, which must—
confirm that the request is for the purpose of preparing an application or considering whether to make an application mentioned in paragraph (1); and
name the person who would be the subject of the application.
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 Practice Direction 5A.
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.
The general rule is that a person who is not a party to proceedings may obtain from the court records a copy of—
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;
a judgment or order given or made in public (whether made at a hearing or without a hearing) , subject to paragraph (1B).
Where a non-party seeks to obtain a copy of a statement of case filed before 2nd October 2006— (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). Practice Direction 5A sets out the relevant provisions as they applied to statements of case.).
this rule does not apply; and
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.
No document— may be inspected without the court’s permission .
relating to an application under rule 78.24(1) for a mediation settlement enforcement order;
annexed to a mediation settlement enforcement order made under rule 78.24(5);
relating to an application under rule 78.26(1) or otherwise for disclosure or inspection of mediation evidence; or
annexed to an order for disclosure or inspection made under rule 78.26 or otherwise,
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.
A non-party may obtain a copy of a statement of case or judgment or order under paragraph (1) only if—
where there is one defendant, the defendant has filed an acknowledgment of service or a defence;
where there is more than one defendant, either—
all the defendants have filed an acknowledgment of service or a defence;
at least one defendant has filed an acknowledgment of service or a defence, and the court gives permission;
the claim has been listed for a hearing; or
judgment has been entered in the claim.
The court may, on the application of a party or of any person identified in a statement of case—
order that a non-party may not obtain a copy of a statement of case under paragraph (1);
restrict the persons or classes of persons who may obtain a copy of a statement of case;
order that persons or classes of persons may only obtain a copy of a statement of case if it is edited in accordance with the directions of the court; or
make such other order as it thinks fit.
A person wishing to apply for an order under paragraph (4) must file an application notice in accordance with Part 23.
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.
(Rules 5.4, 5.4B and 5.4C are disapplied by rules 76.34, 79.30, 80.30, 82.18 and 88.33; and rule 5.4C is disapplied, and rule 5.4B applied subject to court order, by paragraph 23 of Practice Direction 8A.)
A person wishing to obtain a copy of a document under rule 5.4B or rule 5.4C must pay any prescribed fee and—
if the court’s permission is required, file an application notice in accordance with Part 23; or
if permission is not required, file a written request for the document.
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.
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.
A practice direction may make provision for documents to be filed or sent to the court by—
facsimile; or
other electronic means.
Any such practice direction may—
provide that only particular categories of documents may be filed or sent to the court by such means;
provide that particular provisions only apply in specific courts; and
specify the requirements that must be fulfilled for any document filed or sent to the court by such means.
Any document placed before the court in civil proceedings in or having a connection with Wales may be in the English or Welsh language.
It is the responsibility of any party if acting in person or of that party’s legal representative to inform the court as soon as practicable if documents in the Welsh language will or may be placed before the court, so that appropriate arrangements can be made.
This Part applies to the service of documents, except where— (Other Parts, for example, Part 54 (Judicial Review) and Part 55 (Possession Claims) contain specific provisions about service.)
another Part, any other enactment or a practice direction makes different provision; or
the court orders otherwise.
In this Part—
“bank holiday” means a bank holiday under the Banking and Financial Dealings Act 1971 in the part of the United Kingdom where service is to take place;
“business day” means any day except Saturday, Sunday, a bank holiday, Good Friday or Christmas Day;
“claim” includes petition and any application made before action or to commence proceedings and “claim form”, “claimant” and “defendant” are to be construed accordingly; ...
“solicitor” includes any other 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); and
“European Lawyer” has the meaning set out in article 2 of the European Communities (Services of Lawyers) Order 1978 (S. I. 1978/1910). (The European Communities (Services of Lawyers) Order 1978 is annexed to Practice Direction 6A.)
A claim form may (subject to Section IV of this Part and the rules in this Section relating to service out of the jurisdiction on solicitors, European Lawyers and parties) be served by any of the following methods—
personal service in accordance with rule 6.5;
first class post, document exchange or other service which provides for delivery on the next business day, in accordance with Practice Direction 6A;
leaving it at a place specified in rule 6.7, 6.8, 6.9 or 6.10;
fax or other means of electronic communication in accordance with Practice Direction 6A; or
any method authorised by the court under rule 6.15.
A company may be served—
by any method permitted under this Part; or
by any of the methods of service permitted under the Companies Act 2006.
A limited liability partnership may be served—
by any method permitted under this Part; or
by any of the methods of service permitted under the Companies Act 2006 as applied with modification by regulations made under the Limited Liability Partnerships Act 2000.
Subject to Section IV of this Part and the rules in this Section relating to service out of the jurisdiction on solicitors, European Lawyers and parties, the court will serve the claim form except where—
a rule or practice direction provides that the claimant must serve it;
the claimant notifies the court that the claimant wishes to serve it; or
the court orders or directs otherwise.
Where the court is to serve the claim form, it is for the court to decide which method of service is to be used.
Where the court is to serve the claim form, the claimant must, in addition to filing a copy for the court, provide a copy for each defendant to be served.
Where the court has sent— the court will not try to serve the claim form again.
a notification of outcome of postal service to the claimant in accordance with rule 6.18; or
a notification of non-service by a bailiff in accordance with rule 6.19,
(Part 54 contains provisions about judicial review claims and Part 66 contains provisions about Crown proceedings.) (Practice Direction 6A sets out the meaning of “senior position”.)
Where required by another Part, any other enactment, a practice direction or a court order, a claim form must be served personally.
In other cases, a claim form may be served personally except—
where rule 6.7 applies; or
in any proceedings against the Crown.
A claim form is served personally on—
an individual by leaving it with that individual;
a company or other corporation by leaving it with a person holding a senior position within the company or corporation; or
a partnership (where partners are being sued in the name of their firm) by leaving it with—
a partner; or
a person who, at the time of service, has the control or management of the partnership business at its principal place of business.
(Paragraph 2.4 of Practice Direction 16 contains provisions about postcodes.)
The claim form must be served within the jurisdiction except where rule 6.7(2) , 6.7(3) or 6.11 applies or as provided by Section IV of this Part.
The claimant must include in the claim form an address at which the defendant may be served. That address must include a full postcode or its equivalent in any EEA state (if applicable), unless the court orders otherwise.
Paragraph (2) does not apply where an order made by the court under rule 6.15 (service by an alternative method or at an alternative place) specifies the place or method of service of the claim form.
(“Solicitor” has the extended meaning set out in rule 6.2(d).) (“European Lawyer” has the meaning set out in rule 6.2(e).) (For Production Centre Claims see paragraph 2.3(7A) of Practice Direction 7C; for Money Claims Online see paragraph 4(6) of Practice Direction 7E; and for Possession Claims Online see paragraph 5.1(4) of Practice Direction 55B.)
Solicitor within the jurisdiction: Subject to rule 6.5(1), where— the claim form must be served at the business address of that solicitor.
the defendant has given in writing the business address within the jurisdiction of a solicitor as an address at which the defendant may be served with the claim form; or
a solicitor acting for the defendant has notified the claimant in writing that the solicitor is instructed by the defendant to accept service of the claim form on behalf of the defendant at a business address within the jurisdiction,
Solicitor in Scotland or Northern Ireland or EEA state other than the United Kingdom: Subject to rule 6.5(1) and the provisions of Section IV of this Part, and except where any other rule or practice direction makes different provision, where— the claim form must be served at the business address of that solicitor.
the defendant has given in writing the business address in Scotland or Northern Ireland of a solicitor as an address at which the defendant may be served with the claim form;
a solicitor acting for the defendant has notified the claimant in writing that the solicitor is instructed by the defendant to accept service of the claim form on behalf of the defendant at a business address within Scotland or Northern Ireland;
the defendant has given in writing the business address within any other EEA state of a solicitor as an address at which the defendant may be served with the claim form; or
a solicitor acting for the defendant has notified the claimant in writing that the solicitor is instructed by the defendant to accept service of the claim form on behalf of the defendant at a business address within any other EEA state,
European Lawyer in any EEA state: Subject to rule 6.5(1) and the provisions of Section IV of this Part, and except where any other rule or practice direction makes different provision, where— the claim form must be served at the business address of that European Lawyer.
the defendant has given in writing the business address of a European Lawyer in any EEA state as an address at which the defendant may be served with the claim form; or
a European Lawyer in any EEA state has notified the claimant in writing that the European Lawyer is instructed by the defendant to accept service of the claim form on behalf of the defendant at a business address of the European Lawyer,
Subject to rules 6.5(1) and 6.7 and the provisions of Section IV of this Part , and except where any other rule or practice direction makes different provision— (For Production Centre Claims see paragraph 2.3(7A) of Practice Direction 7C; for Money Claims Online see paragraph 4(6) of Practice Direction 7E; and for Possession Claims Online see paragraph 5.1(4) of Practice Direction 55B.) (For service out of the jurisdiction see rules 6.40 to 6.47.)
the defendant may be served with the claim form at an address at which the defendant resides or carries on business within the UK or any other EEA state and which the defendant has given for the purpose of being served with the proceedings; or
in any claim by a tenant against a landlord, the claim form may be served at an address given by the landlord under section 48 of the Landlord and Tenant Act 1987.
(For service out of the jurisdiction see rules 6.40 to 6.47.)
This rule applies where— do not apply and the claimant does not wish to effect personal service under rule 6.5(2).
rule 6.5(1) (personal service);
rule 6.7 (service of claim form on solicitor or European Lawyer); and
rule 6.8 (defendant gives address at which the defendant may be served),
Subject to paragraphs (3) to (6), the claim form must be served on the defendant at the place shown in the following table.
Where a claimant has reason to believe that the address of the defendant referred to in entries 1, 2 or 3 in the table in paragraph (2) is an address at which the defendant no longer resides or carries on business, the claimant must take reasonable steps to ascertain the address of the defendant’s current residence or place of business (“current address”).
Where, having taken the reasonable steps required by paragraph (3), the claimant—
ascertains the defendant’s current address, the claim form must be served at that address; or
is unable to ascertain the defendant’s current address, the claimant must consider whether there is— service may be effected.
an alternative place where; or
an alternative method by which,
If, under paragraph (4)(b), there is such a place where or a method by which service may be effected, the claimant must make an application under rule 6.15.
Where paragraph (3) applies, the claimant may serve on the defendant’s usual or last known address in accordance with the table in paragraph (2) where the claimant—
cannot ascertain the defendant’s current residence or place of business; and
cannot ascertain an alternative place or an alternative method under paragraph (4)(b).
In proceedings against the Crown— (Practice Direction 66 gives the list published under section 17 of the Crown Proceedings Act 1947 of the solicitors acting in civil proceedings (as defined in that Act) for the different government departments on whom service is to be effected, and of their addresses.)
service on the Attorney General must be effected on the Treasury Solicitor; and
service on a government department must be effected on the solicitor acting for that department.
Where— the claim form may, subject to paragraph (2), be served on the defendant by the method or at the place specified in the contract.
a contract contains a term providing that, in the event of a claim being started in relation to the contract, the claim form may be served by a method or at a place specified in the contract; and
a claim solely in respect of that contract is started,
Where in accordance with the contract the claim form is to be served out of the jurisdiction, it may be served—
if permission to serve it out of the jurisdiction has been granted under rule 6.36; or
without permission under rule 6.32 or 6.33.
The court may, on application, permit a claim form relating to a contract to be served on the defendant’s agent where —
the defendant is out of the jurisdiction;
the contract to which the claim relates was entered into within the jurisdiction with or through the defendant’s agent; and
at the time of the application either the agent’s authority has not been terminated or the agent is still in business relations with the defendant.
An application under this rule—
must be supported by evidence setting out—
details of the contract and that it was entered into within the jurisdiction or through an agent who is within the jurisdiction;
that the principal for whom the agent is acting was, at the time the contract was entered into and is at the time of the application, out of the jurisdiction; and
why service out of the jurisdiction cannot be effected; and
may be made without notice.
An order under this rule must state the period within which the defendant must respond to the particulars of claim.
Where the court makes an order under this rule—
a copy of the application notice and the order must be served with the claim form on the agent; and
unless the court orders otherwise, the claimant must send to the defendant a copy of the application notice, the order and the claim form.
This rule does not exclude the court’s power under rule 6.15 (service by an alternative method or at an alternative place).
(Part 21 contains rules about the appointment of a litigation friend and “child” and “protected party” have the same meaning as in rule 21.1.)
Where the defendant is a child who is not also a protected party, the claim form must be served on—
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.
Where the defendant is a protected party, the claim form must be served on—
one of the following persons with authority in relation to the protected party as—
the attorney under a registered enduring power of attorney;
the donee of a lasting power of attorney; or
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.
Any reference in this Section to a defendant or a party to be served includes the person to be served with the claim form on behalf of a child or protected party under paragraph (1) or (2).
The court may make an order permitting a claim form to be served on a child or protected party, or on a person other than the person specified in paragraph (1) or (2).
An application for an order under paragraph (4) may be made without notice.
The court may order that, although a claim form has been sent or given to someone other than the person specified in paragraph (1) or (2), it is to be treated as if it had been properly served.
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.
A claim form served within the United Kingdom in accordance with this Part is deemed to be served on the second business day after completion of the relevant step under rule 7.5(1).
Where it appears to the court that there is a good reason to authorise service by a method or at a place not otherwise permitted by this Part, the court may make an order permitting service by an alternative method or at an alternative place.
On an application under this rule, the court may order that steps already taken to bring the claim form to the attention of the defendant by an alternative method or at an alternative place is good service.
An application for an order under this rule—
must be supported by evidence; and
may be made without notice.
An order under this rule must specify—
the method or place of service;
the date on which the claim form is deemed served; and
the period for—
filing an acknowledgment of service;
filing an admission; or
filing a defence.
The court may dispense with service of a claim form in exceptional circumstances.
An application for an order to dispense with service may be made at any time and—
must be supported by evidence; and
may be made without notice.
Where the court serves a claim form, the court will send to the claimant a notice which will include the date on which the claim form is deemed served under rule 6.14.
Where the claimant serves the claim form, the claimant—
must file a certificate of service within 21 days of service of the particulars of claim, unless all the defendants to the proceedings have filed acknowledgments of service within that time; and
may not obtain judgment in default under Part 12 unless a certificate of service has been filed.
The certificate of service must state—
where rule 6.7, 6.8, 6.9 or 6.10 applies, the category of address at which the claimant believes the claim form has been served; and
the details set out in the following table.
Where— the court will send notification to the claimant that the claim form has been returned.
the court serves the claim form by post; and
the claim form is returned to the court,
The claim form will be deemed to be served unless the address for the defendant on the claim form is not the relevant address for the purpose of rules 6.7 to 6.10.
Where— the court will send notification to the claimant.
the court bailiff is to serve a claim form; and
the bailiff is unable to serve it on the defendant,
Subject to Section IV of this Part and the rules in this Section relating to service out of the jurisdiction on solicitors, European Lawyers and parties, a document may be served by any of the following methods—
personal service, in accordance with rule 6.22;
first class post, document exchange or other service which provides for delivery on the next business day, in accordance with Practice Direction 6A;
leaving it at a place specified in rule 6.23;
fax or other means of electronic communication in accordance with Practice Direction 6A; or
any method authorised by the court under rule 6.27.
A company may be served—
by any method permitted under this Part; or
by any of the methods of service permitted under the Companies Act 2006.
A limited liability partnership may be served—
by any method permitted under this Part; or
by any of the methods of service permitted under the Companies Act 2006 as applied with modification by regulations made under the Limited Liability Partnerships Act 2000.
Subject to Section IV of this Part and the rules in this Section relating to service out of the jurisdiction on solicitors, European Lawyers and parties, a party to proceedings will serve a document which that party has prepared except where—
a rule or practice direction provides that the court will serve the document; or
the court orders otherwise.
The court will serve a document which it has prepared except where—
a rule or practice direction provides that a party must serve the document;
the party on whose behalf the document is to be served notifies the court that the party wishes to serve it; or
the court orders otherwise.
Where the court is to serve a document, it is for the court to decide which method of service is to be used.
Where the court is to serve a document prepared by a party, that party must provide a copy for the court and for each party to be served.
Where required by another Part, any other enactment, a practice direction or a court order, a document must be served personally.
In other cases, a document may be served personally except—
where the party to be served has given an address for service under rule 6.23...; or
in any proceedings by or against the Crown.
A document may be served personally as if the document were a claim form in accordance with rule 6.5(3). (For service out of the jurisdiction see rules 6.40 to 6.47.)
(Paragraph 2.4 of Practice Direction 16 contains provisions about postcodes.)
A party to proceedings must give an address at which that party may be served with documents relating to those proceedings. The address must include a full postcode or its equivalent in any EEA state (if applicable) unless the court orders otherwise.
Except where any other rule or practice direction makes different provision, a party’s address for service must be— (For Production Centre Claims see paragraph 2.3(7) and (7A) of Practice Direction 7C; for Money Claims Online see paragraph 4(3A) and (6) of Practice Direction 7E; and for Possession Claims Online see paragraph 5.1(3A) and (4) of Practice Direction 55B.)
the business address either within the United Kingdom or any other EEA state of a solicitor acting for the party to be served; or
the business address in any EEA state of a European Lawyer nominated to accept service of documents; or
where there is no solicitor acting for the party or no European Lawyer nominated to accept service of documents —
an address within the United Kingdom at which the party resides or carries on business; or
an address within any other EEA state at which the party resides or carries on business.
Where none of sub-paragraphs (2)(a), (b) or (c) applies, the party must give an address for service within the United Kingdom. (Part 42 contains provisions about change of solicitor. Rule 42.1 provides that where a party gives the business address of a solicitor as that party’s address for service, that solicitor will be considered to be acting for the party until the provisions of Part 42 are complied with.)
Subject to the provisions of Section IV of this Part (where applicable), any document to be served in proceedings must be sent or transmitted to, or left at, the party’s address for service under paragraph (2) or (3) unless it is to be served personally or the court orders otherwise.
Where, in accordance with Practice Direction 6A, a party indicates or is deemed to have indicated that they will accept service by fax, the fax number given by that party must be at the address for service.
Where a party indicates in accordance with Practice Direction 6A that they will accept service by electronic means other than fax, the e-mail address or electronic identification given by that party will be deemed to be at the address for service.
In proceedings by or against the Crown, service of any document in the proceedings on the Crown must be effected in the same manner prescribed in rule 6.10 as if the document were a claim form.
This rule does not apply where an order made by the court under rule 6.27 (service by an alternative method or at an alternative place) specifies where a document may be served. (For service out of the jurisdiction see rules 6.40 to 6.47.)
Where the address for service of a party changes, that party must give notice in writing of the change as soon as it has taken place to the court and every other party.
An application for an order appointing a litigation friend where a child or protected party has no litigation friend must be served in accordance with rule 21.8(1) and (2).
Any other document which would otherwise be served on a child or a protected party must be served on the litigation friend conducting the proceedings on behalf of the child or protected party.
The court may make an order permitting a document to be served on the child or protected party or on some person other than the person specified in rule 21.8 or paragraph (2).
An application for an order under paragraph (3) may be made without notice.
The court may order that, although a document has been sent or given to someone other than the person specified in rule 21.8 or paragraph (2), the document is to be treated as if it had been properly served.
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.
A document, other than a claim form within the United Kingdom, served in accordance with these Rules or any relevant practice direction is deemed to be served on the day shown in the following table— (Paragraphs 10.1 to 10.7 of Practice Direction 6A contain examples of how the date of deemed service is calculated.)
Rule 6.15 applies to any document in the proceedings as it applies to a claim form and reference to the defendant in that rule is modified accordingly.
The court may dispense with service of any document which is to be served in the proceedings.
An application for an order to dispense with service must be supported by evidence and may be made without notice.
Where a rule, practice direction or court order requires a certificate of service, the certificate must state the details required by the following table—
This Section contains rules about— (“Jurisdiction” is defined in rule 2.3(1).)
service of the claim form and other documents out of the jurisdiction;
when the permission of the court is required and how to obtain that permission; and
the procedure for service.
For the purposes of this Section—
“the Hague Convention” means the Convention on the service abroad of judicial and extrajudicial documents in civil or commercial matters signed at the Hague on 15 November 1965;
“the 1982 Act” means the Civil Jurisdiction and Judgments Act 1982;
“Civil Procedure Convention” means the Brussels and Lugano Conventions (as defined in section 1(1) of the 1982 Act) and any other Convention (including the Hague Convention) entered into by the United Kingdom regarding service out of the jurisdiction;
“the Judgments Regulation” means Regulation (EU) No. 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast), as amended from time to time and as applied pursuant to the Agreement made on 19 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; (For application of the recast Judgments Regulation to Denmark, see also the Official Journal of the European Union at OJ L79, 21.3.2013. p.4)
“the Service Regulation” means Regulation (EC) No. 1393/2007 of the European Parliament and of the Council of 13 November 2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents), and repealing Council Regulation (EC) No. 1348/2000, as amended from time to time and as applied by the Agreement made on 19 October 2005 between the European Community and the Kingdom of Denmark on the service of judicial and extrajudicial documents on civil and commercial matters;
“Commonwealth State” means a state listed in Schedule 3 to the British Nationality Act 1981;
“Contracting State” has the meaning given by section 1(3) of the 1982 Act;
“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; and
“domicile” is to be determined—
in relation to a Convention territory, in accordance with sections 41 to 46 of the 1982 Act; and
in relation to a Member State, in accordance with the Judgments Regulation and paragraphs 9 to 12 of Schedule 1 to the Civil Jurisdiction and Judgments Order 2001.
“the Lugano Convention” means the Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, between the European Community and the Republic of Iceland, the Kingdom of Norway, the Swiss Confederation and the Kingdom of Denmark and signed by the European Community on 30th October 2007.
“the 2005 Hague Convention” means the Convention on Choice of Court Agreements concluded on 30th June 2005 at the Hague.
The claimant may serve the claim form on a defendant in Scotland or Northern Ireland where each claim made against the defendant to be served and included in the claim form is a claim which the court has power to determine under the 1982 Act and—
no proceedings between the parties concerning the same claim are pending in the courts of any other part of the United Kingdom; and
the defendant is domiciled in the United Kingdom;
the proceedings are within paragraph 11 of Schedule 4 to the 1982 Act; or
the defendant is a party to an agreement conferring jurisdiction, within paragraph 12 of Schedule 4 to the 1982 Act.
The claimant may serve the claim form on a defendant in Scotland or Northern Ireland where each claim made against the defendant to be served and included in the claim form is a claim which the court has power to determine under any enactment other than the 1982 Act notwithstanding that—
the person against whom the claim is made is not within the jurisdiction; or
the facts giving rise to the claim did not occur within the jurisdiction.
The claimant may serve the claim form on the defendant out of the United Kingdom where each claim against the defendant to be served and included in the claim form is a claim which the court has power to determine under the 1982 Act or the Lugano Convention and—
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 Convention territory; and
the defendant is domiciled in the United Kingdom or in any Convention territory;
the proceedings are within article 16 of Schedule 1 to the 1982 Act or article 22 of the Lugano Convention; or
the defendant is a party to an agreement conferring jurisdiction, within article 17 of Schedule 1 to the 1982 Act or article 23 of the Lugano Convention.
The claimant may serve the claim form on a defendant out of the United Kingdom where each claim made against the defendant to be served and included in the claim form is a claim which the court has power to determine under the Judgments Regulation and—
subject to paragraph (2A) 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 Member State; and
the defendant is domiciled in the United Kingdom or in any Member State;
the defendant is not a consumer, but is a party to a consumer contract within article 17 of the Judgments Regulation;
the defendant is an employer and a party to a contract of employment within article 20 of the Judgments Regulation;
the proceedings are within article 24 of the Judgments Regulation; or
the defendant is a party to an agreement conferring jurisdiction within article 25 of the Judgments Regulation.
Paragraph (2)(a) does not apply if the jurisdiction conferred by the agreement referred to in paragraph (2)(b)(v) is exclusive.
The claimant may serve the claim form on the defendant out of the United Kingdom where each claim against the defendant to be served and included in the claim form is a claim which the court has power to determine under the 2005 Hague Convention and the defendant is a party to an exclusive choice of court agreement conferring jurisdiction on that court within the meaning of Article 3 of the 2005 Hague Convention.
The claimant may serve the claim form on a defendant out of the United Kingdom where each claim made against the defendant to be served and included in the claim form is a claim which the court has power to determine other than under the 1982 Act , the Lugano Convention, the 2005 Hague Convention, or the Judgments Regulation, notwithstanding that—
the person against whom the claim is made is not within the jurisdiction; or
the facts giving rise to the claim did not occur within the jurisdiction.
Where the claimant intends to serve a claim form on a defendant under rule 6.32 or 6.33, the claimant must—
file with the claim form a notice containing a statement of the grounds on which the claimant is entitled to serve the claim form out of the jurisdiction; and
serve a copy of that notice with the claim form.
Where the claimant fails to file with the claim form a copy of the notice referred to in paragraph (1)(a), the claim form may only be served—
once the claimant files the notice; or
if the court gives permission.
(Part 10 contains rules about acknowledgments of service, Part 14 contains rules about admissions and Part 15 contains rules about defences.) (Part 7 provides that particulars of claim must be contained in or served with the claim form or served separately on the defendant within 14 days after service of the claim form.)
This rule sets out the period for— where a claim form has been served out of the jurisdiction under rule 6.32 or 6.33.
filing an acknowledgment of service;
filing an admission; or
filing a defence,
Where the claimant serves on a defendant in Scotland or Northern Ireland under rule 6.32, the period—
for filing an acknowledgment of service or admission is 21 days after service of the particulars of claim; or
for filing a defence is—
21 days after service of the particulars of claim; or
where the defendant files an acknowledgment of service, 35 days after service of the particulars of claim.
Where the claimant serves the claim form on a defendant in a Convention territory within Europe or a Member State under rule 6.33, the period—
for filing an acknowledgment of service or admission, is 21 days after service of the particulars of claim; or
for filing a defence is—
21 days after service of the particulars of claim; or
where the defendant files an acknowledgment of service, 35 days after service of the particulars of claim.
Where the claimant serves the claim form on a defendant in a Convention territory outside Europe under rule 6.33, the period—
for filing an acknowledgment of service or admission, is 31 days after service of the particulars of claim; or
for filing a defence is—
31 days after service of the particulars of claim; or
where the defendant files an acknowledgment of service, 45 days after service of the particulars of claim.
Where the claimant serves the claim form under rule 6.33 in a country not referred to in paragraph (3) or (4), the period for responding to the claim form is set out in Practice Direction 6B.
In any proceedings to which rule 6.32 or 6.33 does not apply, the claimant may serve a claim form out of the jurisdiction with the permission of the court if any of the grounds set out in paragraph 3.1 of Practice Direction 6B apply.
(The periods referred to in paragraphs (5)(a)(i), (ii) and (iii) are those specified in the Table in Practice Direction 6B.)
An application for permission under rule 6.36 must set out—
which ground in paragraph 3.1 of Practice Direction 6B is relied on;
that the claimant believes that the claim has a reasonable prospect of success; and
the defendant’s address or, if not known, in what place the defendant is, or is likely, to be found.
Where the application is made in respect of a claim referred to in paragraph 3.1(3) of Practice Direction 6B, the application must also state the grounds on which the claimant believes that there is between the claimant and the defendant a real issue which it is reasonable for the court to try.
The court will not give permission unless satisfied that England and Wales is the proper place in which to bring the claim.
In particular, where—
the application is for permission to serve a claim form in Scotland or Northern Ireland; and
it appears to the court that the claimant may also be entitled to a remedy in Scotland or Northern Ireland, the court, in deciding whether to give permission, will—
compare the cost and convenience of proceeding there or in the jurisdiction; and
(where relevant) have regard to the powers and jurisdiction of the Sheriff court in Scotland or the County Court or courts of summary jurisdiction in Northern Ireland.
Where the court gives permission to serve a claim form out of the jurisdiction—
it will specify the periods within which the defendant may—
file an acknowledgment of service;
file or serve an admission;
file a defence; or
file any other response or document required by a rule in another Part, any other enactment or a practice direction; and
it may—
give directions about the method of service; and
give permission for other documents in the proceedings to be served out of the jurisdiction.
Unless paragraph (2) or (3) applies, where the permission of the court is required for the claimant to serve the claim form out of the jurisdiction, the claimant must obtain permission to serve any other document in the proceedings out of the jurisdiction.
Where— the permission of the court is not required to serve the particulars of claim.
the court gives permission for a claim form to be served on a defendant out of the jurisdiction; and
the claim form states that particulars of claim are to follow,
The permission of the court is not required if a party has given an address for service in Scotland or Northern Ireland.
(Part 11 contains provisions about disputing the court’s jurisdiction.)
Where an application notice is to be served out of the jurisdiction on a person who is not a party to the proceedings rules 6.35 and 6.37(5)(a)(i), (ii) and (iii) do not apply.
Where an application is served out of the jurisdiction on a person who is not a party to the proceedings, that person may make an application to the court under Part 11 as if that person were a defendant, but rule 11(2) does not apply.
(The texts of the Civil Procedure Treaties which the United Kingdom has entered into may be found on the Foreign and Commonwealth Office website at http://www.fco.gov.uk/en/publications-and-documents/treaties/lists-treaties/bilateral-civil-procedure.)
This rule contains general provisions about the method of service of a claim form or other document on a party out of the jurisdiction.
Where a party serves a claim form or other document on a party in Scotland or Northern Ireland, it must be served by a method permitted by Section II (and references to “jurisdiction” in that Section are modified accordingly) or Section III of this Part and rule 6.23(4) applies.
Where a party wishes to serve a claim form or ... other document on a party out of the United Kingdom, it may be served—
by any method provided for by—
rule 6.41 (service in accordance with the Service Regulation);
rule 6.42 (service through foreign governments, judicial authorities and British Consular authorities); or
rule 6.44 (service of claim form or other document on a State);
by any method permitted by a Civil Procedure Convention or Treaty; or
by any other method permitted by the law of the country in which it is to be served.
Nothing in paragraph (3) or in any court order authorises or requires any person to do anything which is contrary to the law of the country where the claim form or other document is to be served.
(The Service Regulation is annexed to Practice Direction 6B.) (Article 20(1) of the Service Regulation provides that the Regulation prevails over other provisions contained in any other agreement or arrangement concluded by Member States The Regulation does not apply to service in EEA states that are not member states of the EU.)
This rule applies where a party wishes to serve the claim form or other document in accordance with the Service Regulation.
The party must file—
the claim form or other document;
any translation; and
any other documents required by the Service Regulation.
When a party files the documents referred to in paragraph (2), the court officer will forward the relevant documents to the Senior Master.
Rule 6.47 does not apply to this rule.
Where a party wishes to serve a claim form or any other document ... in any country which is a party to a Civil Procedure Convention or Treaty providing for service in that country, it may be served—
through the authority designated under the Hague Convention or any other Civil Procedure Convention or Treaty (where relevant) in respect of that country; or
if the law of that country permits—
through the judicial authorities of that country, or
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).
Where a party wishes to serve a claim form or any other document ... in any country with respect to which there is no Civil Procedure Convention or Treaty providing for service in that country, the claim form or other document may be served, if the law of that country so permits—
through the government of that country, where that government is willing to serve it; or
through a British Consular authority in that country.
Where a party wishes to serve the claim form or other document in— the methods of service permitted by paragraphs (1)(b) and (2) are not available and the party or the party’s agent must effect service direct, unless Practice Direction 6B provides otherwise. (A list of British overseas territories is reproduced in paragraph 5.2 of Practice Direction 6B.)
any Commonwealth State which is not a party to the Hague Convention or is such a party but HM Government has not declared acceptance of its accession to the Convention;
the Isle of Man or the Channel Islands; or
any British overseas territory,
This rule applies where a party wishes to serve a claim form or any other document under rule 6.42(1) or 6.42(2).
Where this rule applies, that party must file—
a request for service of the claim form or other document specifying one or more of the methods in rule 6.42(1) or 6.42(2);
a copy of the claim form or other document;
any other documents or copies of documents required by Practice Direction 6B; and
any translation required under rule 6.45.
Where a party files the documents specified in paragraph (2), the court officer will—
seal (GL) the copy of the claim form or other document; and
forward the documents to the Senior Master.
The Senior Master will send documents forwarded under this rule—
where the claim form or other document is being served through the authority designated under the Hague Convention or any other Civil Procedure Convention or Treaty, to that authority; or
in any other case, to the Foreign and Commonwealth Office with a request that it arranges for the claim form or other document to be served.
An official certificate which— is evidence of the facts stated in the certificate.
states that the method requested under paragraph (2)(a) has been performed and the date of such performance;
states, where more than one method is requested under paragraph (2)(a), which method was used; and
is made by—
a British Consular authority in the country where the method requested under paragraph (2)(a) was performed;
the government or judicial authorities in that country; or
the authority designated in respect of that country under the Hague Convention a Civil Procedure Convention or Treaty,
A document purporting to be an official certificate under paragraph (5) is to be treated as such a certificate, unless it is proved not to be.
(Section 12(6) of the State Immunity Act 1978 provides that section 12(1) enables the service of a claim form or other document in a manner to which the State has agreed.)
This rule applies where a party wishes to serve the claim form or other document on a State.
In this rule, “State” has the meaning given by section 14 of the State Immunity Act 1978.
The party must file in the Central Office of the Royal Courts of Justice—
a request for service to be arranged by the Foreign and Commonwealth Office;
a copy of the claim form or other document; and
any translation required under rule 6.45.
The Senior Master will send the documents filed under this rule to the Foreign and Commonwealth Office with a request that it arranges for them to be served.
An official certificate by the Foreign and Commonwealth Office stating that a claim form or other document has been duly served on a specified date in accordance with a request made under this rule is evidence of that fact.
A document purporting to be such a certificate is to be treated as such a certificate, unless it is proved not to be.
Where— the claim form or other document may be served either by the method agreed or in accordance with this rule.
section 12(6) of the State Immunity Act 1978 applies; and
the State has agreed to a method of service other than through the Foreign and Commonwealth Office,
(The Service Regulation contains provisions about the translation of documents.)
Except where paragraph (4) or (5) applies, every copy of the claim form or other document filed under rule 6.43 (service through foreign governments, judicial authorities etc.) or 6.44 (service of claim form or other document on a State) must be accompanied by a translation of the claim form or other document.
The translation must be—
in the official language of the country in which it is to be served; or
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 or other document is to be served.
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 that person’s name, address and qualifications for making the translation.
A party is not required to file a translation of a claim form or other document filed under rule 6.43 (service through foreign governments, judicial authorities etc.) where the claim form or other document is to be served— unless a Civil Procedure Convention or Treaty requires a translation.
in a country of which English is an official language; or
on a British citizen (within the meaning of the British Nationality Act 1981),
A party is not required to file a translation of a claim form or other document filed under rule 6.44 (service of claim form or other document on a State) where English is an official language of the State in which the claim form or other document is to be served.
Every request for service filed under rule 6.43 (service through foreign governments, judicial authorities etc.) or rule 6.44 (service of claim form or other document on a State) must contain an undertaking by the person making the request—
to be responsible for all expenses incurred by the Foreign and Commonwealth Office or foreign judicial authority; and
to pay those expenses to the Foreign and Commonwealth Office or foreign judicial authority on being informed of the amount.
Where— the claimant may not obtain judgment against the defendant until the claimant files written evidence that the claim form has been duly served in accordance with this Part.
a hearing is fixed when the claim form is issued;
the claim form is served on a defendant out of the jurisdiction; and
that defendant does not appear at the hearing,
This Section—
applies to the service in England and Wales of any document in connection with civil or commercial proceedings in a foreign court or tribunal; but
does not apply where the Service Regulation (which has the same meaning as in rule 6.31(e)) applies.
In this Section—
“convention country” means a country in relation to which there is a Civil Procedure Convention (which has the same meaning as in rule 6.31(c));
“foreign court or tribunal” means a court or tribunal in a country outside of the United Kingdom; and
“process server” means—
a process server appointed by the Lord Chancellor to serve documents to which this Section applies, or
the process server’s agent.
The Senior Master will serve a document to which this Section applies upon receipt of—
a written request for service—
where the foreign court or tribunal is in a convention country, from a consular or other authority of that country; or
from the Secretary of State for Foreign and Commonwealth Affairs, with a recommendation that service should be effected;
a translation of that request into English;
two copies of the document to be served; and
unless the foreign court or tribunal certifies that the person to be served understands the language of the document, two copies of a translation of it into English.
The Senior Master will determine the method of service.
Where service of a document has been effected by a process server, the process server must—
send to the Senior Master a copy of the document, and
proof of service; or
a statement why the document could not be served; and
if the Senior Master directs, specify the costs incurred in serving or attempting to serve the document.
The Senior Master will send to the person who requested service—
a certificate, sealed with the seal of the Senior Courts for use out of the jurisdiction, stating—
when and how the document was served or the reason why it has not been served; and
where appropriate, an amount certified by a costs judge to be the costs of serving or attempting to serve the document; and
a copy of the document.
Restrictions on where proceedings may be started are set out in the relevant practice directions supplementing this Part.
(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) (Repealed) (Repealed)
Proceedings are started when the court issues a claim form at the request of the claimant.
A claim form is issued on the date entered on the form by the court.
A claimant may use a single claim form to start all claims which can be conveniently disposed of in the same proceedings.
(Rule 7.5 sets out the latest time for serving a claim form) (Part 16 sets out what the particulars of claim must include)
Particulars of claim must—
be contained in or served with the claim form; or
subject to paragraph (2) be served on the defendant by the claimant within 14 days after service of the claim form.
Particulars of claim must be served on the defendant no later than the latest time for serving a claim form.
Where the claimant serves particulars of claim , then unless a copy of the particulars has already been filed, the claimant must, within 7 days of service on the defendant, file a copy of the particulars except where—
paragraph 5.2(4) of Practice Direction 7C applies; or
paragraph 6.4 of Practice Direction 7E applies.
Where the claim form is served within the jurisdiction, the claimant must complete the step required by the following table in relation to the particular method of service chosen, before 12.00 midnight on the calendar day four months after the date of issue of the claim form.
Where the claim form is to be served out of the jurisdiction, the claim form must be served in accordance with Section IV of Part 6 within 6 months of the date of issue.
The claimant may apply for an order extending the period for compliance with rule 7.5.
The general rule is that an application to extend the time for compliance with rule 7.5 must be made—
within the period specified by rule 7.5; or
where an order has been made under this rule, within the period for service specified by that order.
If the claimant applies for an order to extend the time for compliance 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—
the court has failed to serve the claim form; or
the claimant has taken all reasonable steps to comply with rule 7.5 but has been unable to do so; and
in either case, the claimant has acted promptly in making the application.
An application for an order extending the time for compliance with rule 7.5—
must be supported by evidence; and
may be made without notice.
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.
The period specified in a notice served under paragraph (1) must be at least 14 days after service of the notice.
If the claimant fails to comply with the notice, the court may, on the application of the defendant—
dismiss the claim; or
make any other order it thinks just.
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 form for defending the claim;
a form for admitting the claim; and
a form for acknowledging service.
Where the claimant is using the procedure set out in Part 8 (alternative procedure for claims)—
paragraph (1) does not apply; and
a form for acknowledging service must accompany the claim form.
A practice direction—
may set out the circumstances in which the court may give a fixed date for a hearing when it issues a claim;
may list claims in respect of which there is a specific claim form for use and set out the claim form in question; and
may disapply or modify these Rules as appropriate in relation to the claims referred to in paragraphs (a) and (b).
There shall be a Production Centre for the issue of claim forms and other related matters.
Practice Direction 7C makes provision for—
which claimants may use the Production Centre;
the type of claims which the Production Centre may issue;
the functions which are to be discharged by the Production Centre;
the place where the Production Centre is to be located; and
other related matters.
Practice Direction 7C may disapply or modify these Rules as appropriate in relation to claims issued by the Production Centre.
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.
Any other claim under section 7(1)(a) of that Act may be brought in any court.
(Practice Direction 5C deals with electronic issue of claims started or continued under the Electronic Working scheme.)
A practice direction may make provision for a claimant to start a claim by requesting the issue of a claim form electronically.
The practice direction may, in particular—
specify—
the types of claim which may be issued electronically; and
the conditions which a claim must meet before it may be issued electronically;
specify—
the court where the claim will be issued; and
the circumstances in which the claim will be transferred to another court;
provide for the filing of other documents electronically where a claim has been started electronically;
specify the requirements that must be fulfilled for any document filed electronically; and
provide how a fee payable on the filing of any document is to be paid where that document is filed electronically.
The practice direction may disapply or modify these Rules as appropriate in relation to claims started electronically.
(Rule 8.9 provides for other modifications to the general rules where the Part 8 procedure is being used) (Part 78 provides procedures for European orders for payment and for the European small claims procedure. It also provides procedures for applications for mediation settlement enforcement orders in relation to certain cross-border disputes.)
The Part 8 procedure is the procedure set out in this Part.
A claimant may use the Part 8 procedure where—
he seeks the court’s decision on a question which is unlikely to involve a substantial dispute of fact; or
paragraph (6) applies.
In the County Court, a claim under the Part 8 procedure may be made at any County Court hearing centre unless an enactment, rule or practice direction provides otherwise. (Practice Direction 8A includes further direction in respect of claims which are not made at the appropriate County Court hearing centre in the first instance.)
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.
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.
Where the claimant uses the Part 8 procedure he may not obtain default judgment under Part 12.
A rule or practice direction may, in relation to a specified type of proceedings—
require or permit the use of the Part 8 procedure; and
disapply or modify any of the rules set out in this Part as they apply to those proceedings.
Where the claimant uses the Part 8 procedure the claim form must state— (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) (Repealed) (Repealed)
that this Part applies;
the question which the claimant wants the court to decide; or
the remedy which the claimant is seeking and the legal basis for the claim to that remedy;
if the claim is being made under an enactment, what that enactment is;
if the claimant is claiming in a representative capacity, what that capacity is; and
if the defendant is sued in a representative capacity, what that capacity is.
A practice direction may set out the circumstances in which a claim form may be issued under this Part without naming a defendant.
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.
The application notice for permission—
need not be served on any other person; and
must be accompanied by a copy of the claim form that the applicant proposes to issue.
Where the court gives permission it will give directions about the future management of the claim.
(Repealed) (Repealed)
The defendant must—
file an acknowledgment of service in the relevant practice form not more than 14 days after service of the claim form; and
serve the acknowledgment of service on the claimant and any other party.
The acknowledgment of service must state—
whether the defendant contests the claim; and
if the defendant seeks a different remedy from that set out in the claim form, what that remedy is.
The following rules of Part 10 (acknowledgment of service) apply—
rule 10.3(2) (exceptions to the period for filing an acknowledgment of service); and
rule 10.5 (contents of acknowledgment of service).
(Repealed)
This rule applies where—
the defendant has failed to file an acknowledgment of service; and
the time period for doing so has expired.
The defendant may attend the hearing of the claim but may not take part in the hearing unless the court gives permission.
The claimant must file any written evidence on which he intends to rely when he files his claim form.
The claimant’s evidence must be served on the defendant with the claim form.
A defendant who wishes to rely on written evidence must file it when he files his acknowledgment of service.
If he does so, he must also, at the same time, serve a copy of his evidence on the other parties.
The claimant may, within 14 days of service of the defendant’s evidence on him, file further written evidence in reply.
If he does so, he must also, within the same time limit, serve a copy of his evidence on the other parties.
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.
(Rule 32.1 contains a general power for the court to control evidence)
No written evidence may be relied on at the hearing of the claim unless—
it has been served in accordance with rule 8.5; or
the court gives permission.
The court may require or permit a party to give oral evidence at the hearing.
The court may give directions requiring the attendance for cross-examination(GL) of a witness who has given written evidence.
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.
(Rule 8.5 requires a defendant who wishes to rely on written evidence to file it when he files his acknowledgment of service) (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)
Where the defendant contends that the Part 8 procedure should not be used because—
there is a substantial dispute of fact; and
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.
When the court receives the acknowledgment of service and any written evidence it will give directions as to the future management of the case.
Where the Part 8 procedure is followed—
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—
Part 16 (statements of case) does not apply;
Part 15 (defence and reply) does not apply;
any time limit in these Rules which prevents the parties from taking a step before a defence is filed does not apply; and
the requirement under rule 7.8 to serve on the defendant a form for defending the claim does not apply;
the claimant may not obtain judgment by request on an admission and therefore—
rules 14.4 to 14.7 do not apply; and
the requirement under rule 7.8 to serve on the defendant a form for admitting the claim does not apply; and
the claim shall be treated as allocated to the multi-track and therefore Part 26 does not apply.
This Part sets out how a defendant may respond to particulars of claim.
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.
When particulars of claim are served on a defendant, the defendant may— (or do both, if he admits only part of the claim); or (Repealed)
file or serve an admission in accordance with Part 14;
file a defence in accordance with Part 15,
file an acknowledgment of service in accordance with Part 10.
(Part 11 sets out the procedure for disputing the court’s jurisdiction)
This Part deals with the procedure for filing an acknowledgment of service.
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.
A defendant may file an acknowledgment of service if—
he is unable to file a defence within the period specified in rule 15.4; or
he wishes to dispute the court’s jurisdiction.
If— the claimant may obtain default judgment if Part 12 allows it.
a defendant fails to file an acknowledgment of service within the period specified in rule 10.3; and
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 general rule is that the period for filing an acknowledgment of service is—
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
in any other case, 14 days after service of the claim form.
The general rule is subject to the following rules—
rule 6.35 (which specifies how the period for filing an acknowledgment of service is calculated where the claim form is served out of the jurisdiction under rule 6.32 or 6.33); ...
rule 6.12(3) (which requires the court to specify the period for responding to the particulars of claim when it makes an order under that rule) ; and
rule 6.37(5) (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).
On receipt of an acknowledgment of service, the court must notify the claimant in writing.
An acknowledgment of service must— (Rule 6.23 makes provision in relation to addresses for service.) (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)
be signed by the defendant or the defendant’s legal representative; and
include the defendant’s address for service.
...
A defendant who wishes to— 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.
dispute the court’s jurisdiction to try the claim; or
argue that the court should not exercise its jurisdiction,
A defendant who wishes to make such an application must first file an acknowledgment of service in accordance with Part 10.
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.
An application under this rule must—
be made within 14 days after filing an acknowledgment of service; and
be supported by evidence.
If the defendant— he is to be treated as having accepted that the court has jurisdiction to try the claim.
files an acknowledgment of service; and
does not make such an application within the period specified in paragraph (4),
An order containing a declaration that the court has no jurisdiction or will not exercise its jurisdiction may also make further provision including—
setting aside the claim form;
setting aside service of the claim form;
discharging any order made before the claim was commenced or before the claim form was served; and
staying(GL)the proceedings.
If on an application under this rule the court does not make a declaration—
the acknowledgment of service shall cease to have effect; ...
the defendant may file a further acknowledgment of service within 14 days or such other period as the court may direct ; and
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.
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.
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—
in a Part 7 claim, a defence; or
in a Part 8 claim, any other written evidence.
(Repealed)
In these Rules, “default judgment” means judgment without trial where a defendant— (Part 10 contains provisions about filing an acknowledgment of service and Part 15 contains provisions about filing a defence)
has failed to file an acknowledgment of service; or
has failed to file a defence.
A claimant may not obtain a default judgment—
on a claim for delivery of goods subject to an agreement regulated by the Consumer Credit Act 1974;
where he uses the procedure set out in Part 8 (alternative procedure for claims); or
in any other case where a practice direction provides that the claimant may not obtain default judgment.
(Rules 10.3 and 15.4 deal respectively with the period for filing an acknowledgment of service and the period for filing a defence) (Part 14 sets out the procedure where a defendant admits a money claim and asks for time to pay) (Rule 6.17 provides that, where the claim form is served by the claimant, the claimant may not obtain default judgment unless a certificate of service has been filed.) (Article 19(1) of the Service Regulation (which has the same meaning as in rule 6.31(e)) applies in relation to judgment in default where the claim form is served in accordance with that Regulation.)
The claimant may obtain judgment in default of an acknowledgment of service only if—
the defendant has not filed an acknowledgment of service or a defence to the claim (or any part of the claim); and
the relevant time for doing so has expired.
Judgment in default of defence may be obtained only— and, in either case, the relevant time limit for doing so has expired. (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)
where an acknowledgment of service has been filed but a defence has not been filed;
in a counterclaim made under rule 20.4, where a defence has not been filed,
The claimant may not obtain a default judgment if—
the defendant has applied— and, in either case, that application has not been disposed of;
to have the claimant’s statement of case struck out under rule 3.4; or
for summary judgment under Part 24,
the defendant has satisfied the whole claim (including any claim for costs) on which the claimant is seeking judgment; ...
the claimant is seeking judgment on a claim for money; and
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 ; or
notice has been given under rule 82.21 of a person’s intention to make an application for a declaration under section 6 of the Justice and Security Act 2013 in relation to the proceedings, and that application has not been disposed of.
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 specified amount of money;
an amount of money to be decided by the court;
delivery of goods where the claim form gives the defendant the alternative of paying their value; or
any combination of these remedies.
The claimant must make an application in accordance with Part 23 if he wishes to obtain a default judgment— 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.
on a claim which consists of or includes a claim for any other remedy; or
where rule 12.9 or rule 12.10 so provides ,
Where a claimant— he may still obtain a default judgment by filing a request under paragraph (1).
claims any other remedy in his claim form in addition to those specified in paragraph (1); but
abandons that claim in his request for judgment,
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 6.10.
(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 12.7 sets out the procedure for deciding the amount of a judgment or the value of the goods)
Where the claim is for a specified sum of money, the claimant may specify in a request filed under rule 12.4(1)—
the date by which the whole of the judgment debt is to be paid; or
the times and rate at which it is to be paid by instalments.
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—
to be paid by the date or at the rate specified in the request for judgment; or
if none is specified, immediately.
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.
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—
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
pay costs.
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).
If a claimant files a request for judgment in the County Court which includes an amount of money to be decided by the court in accordance with rules 12.4 and 12.5, the claim will be sent to the preferred hearing centre.
If a claim is sent to a preferred hearing centre pursuant to paragraph (1), any further correspondence should be sent to, and any further requests should be made at, the hearing centre to which the claim was sent.
(Rule 12.7 sets out the procedure for deciding the amount of interest)
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—
the particulars of claim include the details required by rule 16.4;
where interest is claimed under section 35A of the Supreme Court Act 1981 or section 69 of the County Courts Act 1984, the rate is no higher than the rate of interest payable on judgment debts at the date when the claim form was issued; and
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.
In any case where paragraph (1) does not apply, judgment will be for an amount of interest to be decided by the court.
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—
an amount of money to be decided by the court;
the value of goods to be decided by the court; or
an amount of interest to be decided by the court.
Where the court enters judgment it will—
give any directions it considers appropriate; and
if it considers it appropriate, allocate the case.
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.
Where a claimant applies for a default judgment against one of two or more defendants—
if the claim can be dealt with separately from the claim against the other defendants—
the court may enter a default judgment against that defendant; and
the claimant may continue the proceedings against the other defendants;
if the claim cannot be dealt with separately from the claim against the other defendants—
the court will not enter default judgment against that defendant; and
the court must deal with the application at the same time as it disposes of the claim against the other defendants.
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—
he has obtained a judgment for possession or delivery (whether or not obtained under this Part) against all the defendants to the claim; or
the court gives permission.
(Part 45 sets out when a claimant is entitled to fixed costs)
Where a claimant wishes to obtain a default judgment for costs only—
if the claim is for fixed costs, he may obtain it by filing a request in the relevant practice form;
if the claim is for any other type of costs, he must make an application in accordance with Part 23.
Where an application is made under this rule for costs only, judgment shall be for an amount to be decided by the court.
The claimant must make an application in accordance with Part 23 where—
the claim is—
a claim against a child or protected party; or
a claim in tort by one spouse or civil partner against the other.
the claimant wishes to obtain a default judgment where the defendant has failed to file an acknowledgment of service—
against a defendant who has been served with the claim out of the jurisdiction under rule 6.32(1), 6.33(1) , 6.33(2) or 6.33(2B) ( service where permission of the court is not required ...);
against a defendant domiciled in Scotland or Northern Ireland or in any other Convention territory or Member State;
against a State;
against a diplomatic agent who enjoys immunity from civil jurisdiction by virtue of the Diplomatic Privileges Act 1964; or
against persons or organisations who enjoy immunity from civil jurisdiction pursuant to the provisions of the International Organisations Acts 1968 and 1981.
(Rule 23.1 defines “application notice”)
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.
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.
An application for a default judgment on a claim against a child or protected party or a claim in tort between spouses or civil partners must be supported by evidence.
An application for a default judgment may be made without notice if—
the claim under the Civil Jurisdiction and Judgments Act 1982, the Lugano Convention, the Judgments Regulation or the 2005 Hague Convention was served in accordance with rules 6.32(1), 6.33(1), 6.33(2) or 6.33(2B) as appropriate;
the defendant has failed to file an acknowledgment of service; and
notice does not need to be given under any other provision of these Rules.
Where an application is made against a State for a default judgment where the defendant has failed to file an acknowledgment of service—
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;
if the court— the judgment or application notice (and the evidence in support) may be served out of the jurisdiction without any further order;
grants the application; or
directs that a copy of the application notice be served on the State,
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 Section III of Part 6 except where an alternative method of service has been agreed under section 12(6) of the State Immunity Act 1978.
For the purposes of this rule and rule 12.10—
“domicile” is to be determined—
in relation to a Convention territory, in accordance with sections 41 to 46 of the Civil Jurisdiction and Judgments Act 1982;
in relation to a Member State, in accordance with the Judgments Regulation and paragraphs 9 to 12 of Schedule 1 to the Civil Jurisdiction and Judgments Order 2001;
“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;
“State” has the meaning given by section 14 of the State Immunity Act 1978; ...
“Diplomatic agent” has the meaning given by Article 1 (e) of Schedule 1 to the Diplomatic Privileges Act 1964; and
“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 , 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.
“the Lugano Convention” means the Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, between the European Community and the Republic of Iceland, the Kingdom of Norway, the Swiss Confederation and the Kingdom of Denmark and signed by the European Community on 30th October 2007.;
“the 2005 Hague Convention” means the Convention on Choice of Court Agreements concluded on 30th June 2005 at the Hague.
The rules in this Part set out the procedure for setting aside or varying judgment entered under Part 12 (default judgment). (Repealed)
The court must set aside(GL) a judgment entered under Part 12 if judgment was wrongly entered because—
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;
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
the whole of the claim was satisfied before judgment was entered.
(Rule 3.1(3) provides that the court may attach conditions when it makes an order) (Article 19(4) of the Service Regulation (which has the same meaning as in rule 6.31(e)) applies to applications to appeal a judgment in default when the time limit for appealing has expired.)
In any other case, the court may set aside(GL) or vary a judgment entered under Part 12 if—
the defendant has a real prospect of successfully defending the claim; or
it appears to the court that there is some other good reason why—
the judgment should be set aside or varied; or
the defendant should be allowed to defend the claim.
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.
Where— in the High Court the court will transfer, or, in the County Court, the court officer will send, an application by a defendant under this Part to set aside(GL) or vary judgment to the defendant’s home court ...
the claim is for a specified amount of money;
the judgment was obtained in a court which is not the defendant’s home court;
the claim has not been transferred or, in the County Court, sent to another defendant’s home court ...; and
the defendant is an individual,
(Repealed)
Where— an application by a defendant under this Part to set aside or vary the judgment will be sent to the preferred hearing centre..
the claim is for a specified amount of money;
the claim has been started in the County Court Money Claims Centre;
the claim has not been sent to a County Court hearing centre; and
the defendant is not an individual,
If a claim is sent to a preferred hearing centre pursuant to paragraph (1B) any further correspondence should be sent to, and any further requests should be made at, the hearing centre to which the claim was sent.
Paragraph (1) does not apply where the claim was commenced in a specialist list.
An application under rule 13.3 (cases where the court may set aside(GL) or vary judgment) must be supported by evidence.
(Repealed)
Where— the abandoned claim is restored when the default judgment is set aside.
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);
the claimant abandoned his claim for that remedy in order to obtain default judgment on request in accordance with rule 12.4(3); and
that default judgment is set aside(GL) under this Part,
(Rule 21.10 provides that, where a claim is made by or on behalf of a child or protected party or against a child or protected 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) (Rule 3.1(3) provides that the court may attach conditions when it makes an order)
A party may admit the truth of the whole or any part of another party’s case.
The party may do this by giving notice in writing (such as in a statement of case or by letter).
Where the only remedy which the claimant is seeking is the payment of money, the defendant may also make an admission in accordance with—
rule 14.4 (admission of whole claim for specified amount of money);
rule 14.5 (admission of part of claim for specified amount of money);
rule 14.6 (admission of liability to pay whole of claim for unspecified amount of money); or
rule 14.7 (admission of liability to pay claim for unspecified amount of money where defendant offers a sum in satisfaction of the claim).
Where the defendant makes an admission as mentioned in paragraph (3), the claimant has a right to enter judgment except where—
the defendant is a child or protected party; or
the claimant is a child or protected party and the admission is made under rule 14.5 or 14.7.
The permission of the court is required to amend or withdraw an admission.
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’).
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 Practice Direction 14 if one of the following conditions is met—
it is made after the party making it has received a letter before claim in accordance with the Practice Direction (Pre-Action Conduct) or any relevant pre-action protocol; or
it is made before such letter before claim has been received, but it is stated to be made under Part 14.
A person may, by giving notice in writing, withdraw a pre-action admission—
before commencement of proceedings, if the person to whom the admission was made agrees;
after commencement of proceedings, if all parties to the proceedings consent or with the permission of the court.
After commencement of proceedings—
any party may apply for judgment on the pre-action admission; and
the party who made the pre-action admission may apply to withdraw it.
An application to withdraw a pre-action admission or to enter judgment on such an admission—
must be made in accordance with Part 23;
may be made as a cross-application.
This rule applies to a pre-action admission made in a case to which the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (“the RTA Protocol”) or the Pre-action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims (‘the EL/PL Protocol’) applies.
The defendant may, by giving notice in writing withdraw an admission of causation—
before commencement of proceedings—
during the initial consideration period (or any extension to that period) as defined in the relevant Protocol; or
at any time if the person to whom the admission was made agrees; or
after commencement of proceedings—
if all the parties to the proceedings consent; or
with the permission of the court.
The defendant may, by giving notice in writing withdraw any other pre-action admission after commencement of proceedings—
if all the parties to the proceedings consent; or
with the permission of the court.
An application under rule 14.1B(2)(b)(ii) or (3)(b) to withdraw a pre-action admission must be made in accordance with Part 23.
The period for returning an admission under rule 14.4 or for filing it under rules 14.5, 14.6 or 14.7 is—
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
in any other case, 14 days after service of the claim form.
Paragraph (1) is subject to the following rules—
rule 6.35 (which specifies how the period for filing or returning an admission is calculated where the claim form is served out of the jurisdiction under rule 6.32 or 6.33); and
rule 6.12(3) (which requires the court to specify the period for responding to the particulars of claim when it makes an order under that rule).
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.
If the defendant does so, this Part shall apply as if the admission had been made within that period.
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.
Judgment shall be such judgment as it appears to the court that the applicant is entitled to on the admission.
(Rule 14.14 deals with the circumstances in which judgment under this rule may include interest)
This rule applies where—
the only remedy which the claimant is seeking is the payment of a specified amount of money; and
the defendant admits the whole of the claim.
The defendant may admit the claim by returning to the claimant an admission in the relevant practice form.
The claimant may obtain judgment by filing a request in the relevant practice form and, if they do so—
if the defendant has not requested time to pay, the procedure in paragraphs (4) to (6) will apply;
if the defendant has requested time to pay, the procedure in rule 14.9 will apply.
The claimant may specify in his request for judgment—
the date by which the whole of the judgment debt is to be paid; or
the times and rate at which it is to be paid by instalments.
On receipt of the request for judgment the court will enter judgment.
Judgment will be for the amount of the claim (less any payments made) and costs—
to be paid by the date or at the rate specified in the request for judgment; or
if none is specified, immediately.
(If the claimant files notice under paragraph (3) that they wish the proceedings to continue, the procedure which then follows is set out in Part 26)
This rule applies where—
the only remedy which the claimant is seeking is the payment of a specified amount of money; and
the defendant admits part of the claim.
The defendant may admit part of the claim by filing an admission in the relevant practice form.
On receipt of the admission, the court will serve a notice on the claimant requiring the return of the notice stating that—
the claimant accepts the amount admitted in satisfaction of the claim;
the claimant does not accept the amount admitted by the defendant and wishes the proceedings to continue; or
if the defendant has requested time to pay, the claimant accepts the amount admitted in satisfaction of the claim, but not the defendant’s proposals as to payment.
The claimant must— within 14 days after it is served ....
file the notice; and
serve a copy on the defendant,
If the claimant does not file the notice within 14 days after it is served on him, the claim is stayed(GL) until the notice is filed.
If the claimant accepts the amount admitted in satisfaction of the claim, they may obtain judgment by filing a request in the relevant practice form and, if they do so—
if the defendant has not requested time to pay, the procedure in paragraphs (7) to (9) will apply;
if the defendant has requested time to pay, the procedure in rule 14.9 will apply.
The claimant may specify in his request for judgment—
the date by which the whole of the judgment debt is to be paid; or
the time and rate at which it is to be paid by instalments.
On receipt of the request for judgment, the court will enter judgment.
Judgment will be for the amount admitted (less any payments made) and costs—
to be paid by the date or at the rate specified in the request for judgment; or
if none is specified, immediately.
This rule applies where—
the only remedy which the claimant is seeking is the payment of money;
the amount of the claim is not specified; and
the defendant admits liability but does not offer to pay a specified amount of money in satisfaction of the claim.
The defendant may admit the claim by filing an admission in the relevant practice form.
On receipt of the admission, the court will serve a copy on the claimant.
The claimant may obtain judgment by filing a request in the relevant practice form.
If the claimant does not file a request for judgment within 14 days after service of the admission the claim is stayed until the request is filed.
On receipt of the request for judgment the court will enter judgment.
Judgment will be for an amount to be decided by the court and costs.
This rule applies where—
the only remedy which the claimant is seeking is the payment of money;
the amount of the claim is not specified; and
the defendant—
admits liability; and
offers to pay a specified amount of money in satisfaction of the claim.
The defendant may admit the claim by filing an admission in the relevant practice form.
On receipt of the admission, the court will serve a notice on the claimant requiring the return of the notice stating whether or not the claimant accepts the amount in satisfaction of the claim.
If the claimant does not file the notice within 14 days after it is served ..., the claim is stayed(GL) until the notice is filed.
If the claimant accepts the offer they may obtain judgment by filing a request in the relevant practice form and if they do so—
if the defendant has not requested time to pay, the procedure in paragraphs (6) to (8) will apply;
if the defendant has requested time to pay, the procedure in rule 14.9 will apply.
The claimant may specify in his request for judgment—
the date by which the whole of the judgment debt is to be paid; or
the times and rate at which it is to be paid by instalments.
On receipt of the request for judgment, the court will enter judgment.
Judgment will be for the amount offered by the defendant (less any payments made) and costs—
to be paid on the date or at the rate specified in the request for judgment; or
if none is specified, immediately.
If the claimant does not accept the amount offered by the defendant, the claimant may obtain judgment by filing a request in the relevant practice form.
Judgment under paragraph (9) will be for an amount to be decided by the court and costs.
If a claimant files a request for judgment in the County Court Money Claims Centre, for an amount of money to be decided by the court in accordance with rules 14.6 or14.7, the claim will be sent to the preferred hearing centre.
If a claim is sent to a preferred hearing centre pursuant to paragraph (1), any further correspondence should be sent to, and any further requests should be made at, the hearing centre to which the claim was sent.
Where the court enters judgment under rule 14.6 or 14.7 for an amount to be decided by the court it will—
give any directions it considers appropriate; and
if it considers it appropriate, allocate the case.
(Rule 14.10 sets out the procedure to be followed if the claimant does not accept the defendant’s request for time to pay)
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.
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.
The defendant’s request for time to pay must be served or filed (as the case may be) with his admission.
If the claimant accepts the defendant’s request, they may obtain judgment by filing a request in the relevant practice form.
On receipt of the request for judgment, the court will enter judgment.
Judgment will be— (in all cases) will be for payment at the time and rate specified in the defendant’s request for time to pay.
where rule 14.4 applies, for the amount of the claim (less any payments made) and costs;
where rule 14.5 applies, for the amount admitted (less any payments made) and costs; or
where rule 14.7 applies, for the amount offered by the defendant (less any payments made) and costs; and
This rule applies where the defendant makes a request for time to pay under rule 14.9.
If the claimant does not accept the defendant’s proposals for payment, they must file a notice in the relevant practice form.
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.
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.
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.
Where a court officer is to determine the time and rate of payment, this must be done without a hearing.
...
Where a judge is to determine the time and rate of payment, they may do so without a hearing.
Where a judge is to determine the time and rate of payment at a hearing, the proceedings will , in the High Court be transferred automatically , or, in the County Court, be sent to the defendant’s home court if—
the only claim is for a specified amount of money;
the defendant is an individual;
the claim has not been transferred or sent to another defendant’s home court ...;
the claim was not started in the defendant’s home court; and
the claim was not started in a specialist list.
Where the judge is to determine the time and rate of payment at a hearing, the proceedings will be sent to the preferred hearing centre if—
the only claim is for a specified amount of money;
the claim was started in the County Court;
the defendant is not an individual; and
the claim has not been sent to another court.
If there is to be a hearing to determine the time and rate of payment, the court will give each party at least 7 days' notice of the hearing.
...
Where—
a court officer has determined the time and rate of payment under rule 14.11; or
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.
An application for re-determination must be made within 14 days after service of the determination on the applicant.
Where an application for re-determination is made, the proceedings will , in the High Court be transferred , or, in the County Court, be sent to the defendant’s home court if—
the only claim (apart from a claim for interest or costs) is for a specified amount of money;
the defendant is an individual;
the claim has not been transferred or sent to another defendant’s home court ...;
the claim was not started in the defendant’s home court; and
the claim was not started in a specialist list.
Where an application for re-determination is made, the proceedings will be sent to the preferred hearing centre if—
the only claim (apart from a claim for interest or costs) is for a specified amount of money;
the claim was started in the County Court;
the defendant is not an individual; and
the claim has not been transferred or sent to another court.
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—
the particulars of claim include the details required by rule 16.4;
where interest is claimed under section 35A of the Supreme Court Act 1981 or section 69 of the County Courts Act 1984, the rate is no higher than the rate of interest payable on judgment debts at the date when the claim form was issued; and
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.
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.
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.
This Part does not apply where the claimant uses the procedure set out in Part 8 (alternative procedure for claims).
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)
If a defendant fails to file a defence, the claimant may obtain default judgment if Part 12 allows it.
(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)
The general rule is that the period for filing a defence is—
14 days after service of the particulars of claim; or
if the defendant files an acknowledgment of service under Part 10, 28 days after service of the particulars of claim.
The general rule is subject to the following rules—
rule 6.35 (which specifies how the period for filing a defence is calculated where the claim form is served out of the jurisdiction under rule 6.32 or 6.33);
rule 11 (which provides that, where the defendant makes an application disputing the court’s jurisdiction, the defendant need not file a defence before the hearing);
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
rule 6.12(3) (which requires the court to specify the period for responding to the particulars of claim when it makes an order under that rule).
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.
Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing.
A copy of the defence must be served on every other party. (Part 16 sets out what a defence must contain) (Repealed) (Repealed)
Part 20 applies to a defendant who wishes to make a counterclaim.
If a claimant files a reply to the defence, the claimant must (Rule 26.3(1) and (6) requires the parties to file directions questionnaires and specifies the period for doing so). (Part 22 requires a reply to be verified by a statement of truth).
file the reply with a directions questionnaire; and
serve the reply on the other parties at the same time as it is filed.
A party may not file or serve any statement of case after a reply without the permission of the court.
(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)
Where— the court will send notice to the claimant requiring him to state in writing whether he wishes the proceedings to continue.
the only claim (apart from a claim for costs and interest) is for a specified amount of money; and
the defendant states in his defence that he has paid to the claimant the amount claimed,
When the claimant responds, he must serve a copy of his response on the defendant.
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).
Where a claim is stayed under this rule any party may apply for the stay(GL) to be lifted.
Where— the claim shall be stayed(GL).
at least 6 months have expired since the end of the period for filing a defence specified in rule 15.4;
no defendant has served or filed an admission or filed a defence or counterclaim; and
the claimant has not entered or applied for judgment under Part 12 (default judgment), or Part 24 (summary judgment),
Where a claim is stayed(GL) under this rule any party may apply for the stay to be lifted.
This Part does not apply where the claimant uses the procedure set out in Part 8 (alternative procedure for claims).
(Part 22 requires a claim form to be verified by a statement of truth) (Repealed) (Repealed)
The claim form must—
contain a concise statement of the nature of the claim;
specify the remedy which the claimant seeks;
where the claimant is making a claim for money, contain a statement of value in accordance with rule 16.3; ...
where the claimant’s only claim is for a specified sum, contain a statement of the interest accrued on that sum; and
contain such other matters as may be set out in a practice direction.
In civil proceedings against the Crown, as defined in rule 66.1(2), the claim form must also contain—
the names of the government departments and officers of the Crown concerned; and
brief details of the circumstances in which it is alleged that the liability of the Crown arose.
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.
If the claimant is claiming in a representative capacity, the claim form must state what that capacity is.
If the defendant is sued in a representative capacity, the claim form must state what that capacity is.
The court may grant any remedy to which the claimant is entitled even if that remedy is not specified in the claim form.
This rule applies where the claimant is making a claim for money.
The claimant must, in the claim form, state—
the amount of money claimed;
that the claimant expects to recover—
not more than £10,000;
more than £10,000 but not more than £25,000; or
more than £25,000; or
that the claimant cannot say how much is likely to be recovered.
In a claim for personal injuries, the claimant must also state in the claim form whether the amount which the claimant expects to recover as general damages for pain, suffering and loss of amenity is—
not more than £1,000; or
more than £1,000.
In a claim which includes a claim by a tenant of residential premises against a 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–
whether the estimated costs of those repairs or other work is–
not more than £1000; or
more than £1000; and
whether the ... value of any other claim for damages is–
not more than £1000; or
more than £1000.
If the claim form is to be issued in the High Court it must, where this rule applies—
state that the claimant expects to recover more than £100,000;
state that some other enactment provides that the claim may be commenced only in the High Court and specify that enactment;
if the claim is a claim for personal injuries state that the claimant expects to recover £50,000 or more; or
state that the claim is to be in one of the specialist High Court lists and state which list.
When calculating how much the claimant expects to recover, the claimant must disregard any possibility—
that the court may make an award of—
interest;
costs;
that the court may make a finding of contributory negligence ...;
that the defendant may make a counterclaim or that the defence may include a set-off; or
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.
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.
(Part 22 requires particulars of claim to be verified by a statement of truth)
Particulars of claim must include—
a concise statement of the facts on which the claimant relies;
if the claimant is seeking interest, a statement to that effect and the details set out in paragraph (2);
if the claimant is seeking aggravated damages(GL) or exemplary damages(GL), a statement to that effect and his grounds for claiming them;
if the claimant is seeking provisional damages, a statement to that effect and his grounds for claiming them; and
such other matters as may be set out in a practice direction.
If the claimant is seeking interest he must—
state whether he is doing so—
under the terms of a contract;
under an enactment and if so which; or
on some other basis and if so what that basis is; and
if the claim is for a specified amount of money, state—
the percentage rate at which interest is claimed;
the date from which it is claimed;
the date to which it is calculated, which must not be later than the date on which the claim form is issued;
the total amount of interest claimed to the date of calculation; and
the daily rate at which interest accrues after that date.
(Part 22 requires a defence to be verified by a statement of truth) (Rule 6.23 makes provision in relation to addresses for service.)
In his defence, the defendant must state—
which of the allegations in the particulars of claim he denies;
which allegations he is unable to admit or deny, but which he requires the claimant to prove; and
which allegations he admits.
Where the defendant denies an allegation—
he must state his reasons for doing so; and
if he intends to put forward a different version of events from that given by the claimant, he must state his own version.
A defendant who— shall be taken to require that allegation to be proved.
fails to deal with an allegation; but
has set out in his defence the nature of his case in relation to the issue to which that allegation is relevant,
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.
Subject to paragraphs (3) and (4), a defendant who fails to deal with an allegation shall be taken to admit that allegation.
If the defendant disputes the claimant’s statement of value under rule 16.3 he must—
state why he disputes it; and
if he is able, give his own statement of the value of the claim.
If the defendant is defending in a representative capacity, he must state what that capacity is.
If the defendant has not filed an acknowledgment of service under Part 10, the defendant must give an address for service.
Where a defendant— the contention may be included in the defence and set off against the claim, whether or not it is also a Part 20 claim.
contends he is entitled to money from the claimant; and
relies on this as a defence to the whole or part of the claim,
(Part 22 requires a reply to be verified by a statement of truth)
A claimant who does not file a reply to the defence shall not be taken to admit the matters raised in the defence.
A claimant who— shall be taken to require that matter to be proved.
files a reply to a defence; but
fails to deal with a matter raised in the defence,
If a claim form has been— the court may make an order that the claim will continue without any other statement of case.
issued in accordance with rule 7.2; and
served in accordance with rule 7.5,
...
A party may amend his statement of case at any time before it has been served on any other party.
If his statement of case has been served, a party may amend it only—
with the written consent of all the other parties; or
with the permission of the court.
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.
If a party has amended his statement of case where permission of the court was not required, the court may disallow the amendment.
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.
Where the court gives permission for a party to amend his statement of case, it may give directions as to—
amendments to be made to any other statement of case; and
service of any amended statement of case.
The power of the court to give permission under this rule is subject to—
rule 19.1 (change of parties—general);
rule 19.4 (special provisions about adding or substituting parties after the end of a relevant limitation period(GL)); and
rule 17.4 (amendments of statement of case after the end of a relevant limitation period).
( Rule 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))
This rule applies where—
a party applies to amend his statement of case in one of the ways mentioned in this rule; and
a period of limitation has expired under—
the Limitation Act 1980;
the Foreign Limitation Periods Act 1984; or
any other enactment which allows such an amendment, or under which such an amendment is allowed.
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.
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.
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.
(Part 22 requires a response to be verified by a statement of truth) (Part 53 (defamation) restricts requirements for providing further information about sources of information in defamation claims)
The court may at any time order a party to— whether or not the matter is contained or referred to in a statement of case.
clarify any matter which is in dispute in the proceedings; or
give additional information in relation to any such matter,
Paragraph (1) is subject to any rule of law to the contrary.
Where the court makes an order under paragraph (1), the party against whom it is made must— within the time specified by the court.
file his response; and
serve it on the other parties,
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.
Any number of claimants or defendants may be joined as parties to a claim.
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)).
The court may order a person to be added as a new party if—
it is desirable to add the new party so that the court can resolve all the matters in dispute in the proceedings; or
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.
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.
The court may order a new party to be substituted for an existing one if—
the existing party’s interest or liability has passed to the new party; and
it is desirable to substitute the new party so that the court can resolve the matters in dispute in the proceedings.
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.
If any person does not agree to be a claimant, he must be made a defendant, unless the court orders otherwise.
This rule does not apply in probate proceedings.
The court’s permission is required to remove, add or substitute a party, unless the claim form has not been served.
An application for permission under paragraph (1) may be made by—
an existing party; or
a person who wishes to become a party.
An application for an order under rule 19.2(4) (substitution of a new party where existing party’s interest or liability has passed)—
may be made without notice; and
must be supported by evidence.
Nobody may be added or substituted as a claimant unless—
he has given his consent in writing; and
that consent has been filed with the court.
The Commissioners for HM Revenue and Customs may be added as a party to proceedings only if they consent in writing.
An order for the removal, addition or substitution of a party must be served on—
all parties to the proceedings; and
any other person affected by the order.
When the court makes an order for the removal, addition or substitution of a party, it may give consequential directions about—
filing and serving the claim form on any new defendant;
serving relevant documents on the new party; and
the management of the proceedings.
Section 4 of the Human Rights Act 1998 (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 (Practice Direction 19A makes provision for these notices)
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.
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.
Where a claim is made under that Act for damages in respect of a judicial act—
that claim must be set out in the statement of case or the appeal notice; and
notice must be given to the Crown.
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.
This rule applies to a change of parties after the end of a period of limitation under—
the Limitation Act 1980;
the Foreign Limitation Periods Act 1984; or
any other enactment which allows such a change, or under which such a change is allowed.
The court may add or substitute a party only if—
the relevant limitation period(gl) was current when the proceedings were started; and
the addition or substitution is necessary.
The addition or substitution of a party is necessary only if the court is satisfied that—
the new party is to be substituted for a party who was named in the claim form in mistake for the new party;
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
the original party has died or had a bankruptcy order made against him and his interest or liability has passed to the new party.
In addition, in a claim for personal injuries the court may add or substitute a party where it directs that— (Rule 17.4 deals with other changes after the end of a relevant limitation period(gl))
of the Limitation Act 1980 shall not apply to the claim by or against the new party; or
section 11 (special time limit for claims for personal injuries); or
section 12 (special time limit for claims under fatal accidents legislation),
the issue of whether those sections apply shall be determined at trial.
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.
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—
has a better right to the goods than the claimant; or
has a claim which might render the defendant doubly liable under section 7 of the Torts (Interference with Goods) Act 1977.
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.
The application notice must be served on all parties and on the person referred to in paragraph (2).
Where more than one person has the same interest in a claim— by or against one or more of the persons who have the same interest as representatives of any other persons who have that interest.
the claim may be begun; or
the court may order that the claim be continued,
The court may direct that a person may not act as a representative.
Any party may apply to the court for an order under paragraph (2).
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—
is binding on all persons represented in the claim; but
may only be enforced by or against a person who is not a party to the claim with the permission of the court.
This rule does not apply to a claim to which rule 19.7 applies.
This rule applies to claims about—
the estate of a deceased person;
property subject to a trust; or
the meaning of a document, including a statute.
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—
are unborn;
cannot be found;
cannot easily be ascertained; or
are a class of persons who have the same interest in a claim and—
one or more members of that class are within sub-paragraphs (a), (b) or (c); or
to appoint a representative would further the overriding objective.
An application for an order under paragraph (2)—
may be made by—
any person who seeks to be appointed under the order; or
any party to the claim; and
may be made at any time before or after the claim has started.
An application notice for an order under paragraph (2) must be served on—
all parties to the claim, if the claim has started;
the person sought to be appointed, if that person is not the applicant or a party to the claim; and
any other person as directed by the court.
The court’s approval is required to settle a claim in which a party is acting as a representative under this rule.
The court may approve a settlement where it is satisfied that the settlement is for the benefit of all the represented persons.
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—
is binding on all persons represented in the claim; but
may only be enforced by or against a person who is not a party to the claim with the permission of the court.
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”).
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.
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.
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.
Where a person who had an interest in a claim has died and that person has no personal representative the court may order—
the claim to proceed in the absence of a person representing the estate of the deceased; or
a person to be appointed to represent the estate of the deceased.
Where a defendant against whom a claim could have been brought has died and—
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;
a grant of probate or administration has not been made—
the claim must be brought against “the estate of” the deceased; and
the claimant must apply to the court for an order appointing a person to represent the estate of the deceased in the claim.
A claim shall be treated as having been brought against “the estate of” the deceased in accordance with paragraph (2)(b)(i) where—
the claim is brought against the “personal representatives” of the deceased but a grant of probate or administration has not been made; or
the person against whom the claim was brought was dead when the claim was started.
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.
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.
This rule applies to any claim relating to—
the estate of a deceased person;
property subject to a trust; or
the sale of any property.
The court may at any time direct that notice of— be served on any person who is not a party but who is or may be affected by it.
the claim; or
any judgment or order given in the claim,
An application under this rule—
may be made without notice; and
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.
Unless the court orders otherwise—
a notice of a claim or of a judgment or order under this rule must be—
in the form required by the practice direction;
issued by the court; and
accompanied by a form of acknowledgment of service with any necessary modifications;
a notice of a claim must also be accompanied by—
a copy of the claim form; and
such other statements of case, witness statements or affidavits as the court may direct; and
a notice of a judgment or order must also be accompanied by a copy of the judgment or order.
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.
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.
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.
Any person served with a notice of a judgment or order under this rule—
shall be bound by the judgment or order as if he had been a party to the claim; but
may, provided he acknowledges service—
within 28 days after the notice is served on him, apply to the court to set aside or vary the judgment or order; and
take part in any proceedings relating to the judgment or order.
The following rules of Part 10 (acknowledgment of service) apply—
rule 10.4; and
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.
A notice under this rule is issued on the date entered on the notice by the court.
This rule—
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
does not apply to a claim made pursuant to an order under section 996 of that Act.
A derivative claim must be started by a claim form.
The company, body corporate or trade union for the benefit of which a remedy is sought must be made a defendant to the claim.
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 step permitted or required by rule 19.9A or 19.9C; or
making an urgent application for interim relief.
In this rule—
When the claim form for a derivative claim is issued, the claimant must file—
an application notice under Part 23 for permission to continue the claim; and
the written evidence on which the claimant relies in support of the permission application.
The claimant must not make the company a respondent to the permission application.
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 notice in the form set out in Practice Direction 19C, and to which is attached a copy of the provisions of the Act required by that form;
copies of the claim form and the particulars of claim;
the application notice; and
a copy of the evidence filed by the claimant in support of the permission application.
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.
The claimant must file a witness statement confirming that the claimant has notified the company in accordance with paragraph (4).
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.
An application under paragraph (7) may be made without notice.
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.
The claimant may ask for an oral hearing to reconsider the decision to dismiss the permission application, but the claimant—
must make the request to the court in writing within seven days of being notified of the decision; and
must notify the company in writing, as soon as reasonably practicable, of that request unless the court orders otherwise.
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.
Where the court does not dismiss the application under section 261(2) of the Act, the court will—
order that the company and any other appropriate party must be made respondents to the permission application; and
give directions for the service on the company and any other appropriate party of the application notice and the claim form.
This rule applies to proceedings under section 262(1) or 264(1) of the Companies Act 2006.
The application for permission must be made by an application notice in accordance with Part 23.
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.
This rule sets out the procedure where—
either— is alleged to be entitled to a remedy; and
a body corporate to which Chapter 1 of Part 11 of the Companies Act 2006 does not apply; or
a trade union,
either—
a claim is made by a member for it to be given that remedy; or
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.
The member who starts, or seeks to take over, the claim must apply to the court for permission to continue the claim.
The application for permission must be made by an application notice in accordance with Part 23.
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.
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.
If a derivative claim (except such a claim in pursuance of an order under section 996 of the Companies Act 2006) arises in the course of other proceedings—
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
in any other case, rule 19.9C applies.
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.
Where the court has given permission to continue a derivative claim, the court may order that the claim may not be discontinued, settled or compromised without the permission of the court.
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”).
(Practice Direction 19B provides the procedure for applying for a GLO)
The court may make a GLO where there are or are likely to be a number of claims giving rise to the GLO issues.
A GLO must—
contain directions about the establishment of a register (the “group register”) on which the claims managed under the GLO will be entered;
specify the GLO issues which will identify the claims to be managed as a group under the GLO; and
specify the court (the “management court”) which will manage the claims on the group register.
A GLO may—
in relation to claims which raise one or more of the GLO issues—
direct their transfer to the management court;
order their stay (gl) until further order; and
direct their entry on the group register;
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
give directions for publicising the GLO.
Where a judgment or order is given or made in a claim on the group register in relation to one or more GLO issues—
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
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.
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.
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— but may apply to the court for an order that the judgment or order is not binding on him.
apply for the judgment or order to be set aside(gl), varied or stayed(gl); or
appeal the judgment or order,
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—
on the group register; and
which are subsequently entered on the group register.
Directions given by the management court may include directions— (Part 3 contains general provisions about the case management powers of the court)
varying the GLO issues;
providing for one or more claims on the group register to proceed as test claims;
appointing the solicitor of one or more parties to be the lead solicitor for the claimants or defendants;
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;
specifying a date after which no claim may be added to the group register unless the court gives permission; and
for the entry of any particular claim which meets one or more of the GLO issues on the group register.
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.
If the management court orders the claim to be removed from the register it may give directions about the future management of the claim.
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.
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.
The purpose of this Part is to enable counterclaims and other additional claims to be managed in the most convenient and effective manner.
This Part applies to—
a counterclaim by a defendant against the claimant or against the claimant and some other person;
an additional claim by a defendant against any person (whether or not already a party) for contribution or indemnity or some other remedy; and
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).
In these Rules—
“additional claim” means any claim other than the claim by the claimant against the defendant; and
unless the context requires otherwise, references to a claimant or defendant include a party bringing or defending an additional claim.
(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).
An additional claim shall be treated as if it were a claim for the purposes of these Rules, except as provided by this Part.
The following rules do not apply to additional claims—
rules 7.5 and 7.6 (time within which a claim form may be served);
rule 16.3(5) (statement of value where claim to be issued in the High Court); and
Part 26 (case management - preliminary stage).
Part 12 (default judgment) applies to a counterclaim but not to other additional claims.
Part 14 (admissions) applies to a counterclaim, but only— apply to other additional claims.
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
rule 14.3 (admission by notice in writing - application for judgment),
(Part 15 makes provision for a defence to a claim and applies to a defence to a counterclaim by virtue of rule 20.3).
A defendant may make a counterclaim against a claimant by filing particulars of the counterclaim.
A defendant may make a counterclaim against a claimant—
without the court’s permission if he files it with his defence; or
at any other time with the court’s permission.
Part 10 (acknowledgment of service) does not apply to a claimant who wishes to defend a counterclaim.
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.
An application for an order under paragraph (1) may be made without notice unless the court directs otherwise.
Where the court makes an order under paragraph (1), it will give directions as to the management of the case.
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—
filing a notice containing a statement of the nature and grounds of his additional claim; and
serving the notice on that party.
A defendant may file and serve a notice under this rule—
without the court’s permission, if he files and serves it—
with his defence; or
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
at any other time with the court’s permission.
(Rule 7.2(2) provides that a claim form is issued on the date entered on the form by the court)
This rule applies to any additional claim except—
a counterclaim only against an existing party; and
a claim for contribution or indemnity made in accordance with rule 20.6.
An additional claim is made when the court issues the appropriate claim form.
A defendant may make an additional claim— (Rule 15.4 sets out the period for filing a defence).
without the court’s permission if the additional claim is issued before or at the same time as he files his defence;
at any other time with the court’s permission.
Particulars of an additional claim must be contained in or served with the additional claim.
An application for permission to make an additional claim may be made without notice, unless the court directs otherwise.
Where an additional claim may be made without the court’s permission, any claim form must—
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;
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.
Paragraph (1) does not apply to a claim for contribution or indemnity made in accordance with rule 20.6.
Where the court gives permission to make an additional claim it will at the same time give directions as to its service.
This rule applies where the court is considering whether to— (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).
permit an additional claim to be made;
dismiss an additional claim; or
require an additional claim to be dealt with separately from the claim by the claimant against the defendant.
The matters to which the court may have regard include—
the connection between the additional claim and the claim made by the claimant against the defendant;
whether the additional claimant is seeking substantially the same remedy which some other party is claiming from him; and
whether the additional claimant wants the court to decide any question connected with the subject matter of the proceedings—
not only between existing parties but also between existing parties and a person not already a party; or
against an existing party not only in a capacity in which he is already a party but also in some further capacity.
A person on whom an additional claim is served becomes a party to the proceedings if he is not a party already.
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.
This rule applies if—
the additional claim is not—
a counterclaim; or
a claim by a defendant for contribution or indemnity against another defendant under rule 20.6; and
the party against whom an additional claim is made fails to file an acknowledgment of service or defence in respect of the additional claim.
The party against whom the additional claim is made—
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;
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.
An additional claimant may not enter judgment under paragraph (2)(b) without the court’s permission if—
he has not satisfied the default judgment which has been given against him; or
he wishes to obtain judgment for any remedy other than a contribution or indemnity.
An application for the court’s permission under paragraph (3) may be made without notice unless the court directs otherwise.
The court may at any time set aside or vary a judgment entered under paragraph (2)(b).
Where an additional claim form is served on a person who is not already a party it must be accompanied by—
a form for defending the claim;
a form for admitting the claim;
a form for acknowledging service; and
a copy of—
every statement of case which has already been served in the proceedings; and
such other documents as the court may direct.
A copy of the additional claim form must be served on every existing party.
(Part 66 contains provisions about counterclaims and other Part 20 claims in relation to proceedings by or against the Crown.)
Where a defence is filed to an additional claim the court must consider the future conduct of the proceedings and give appropriate directions.
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.
(Rules 6.13 and 6.25 contain provisions about the service of documents on children and protected parties.) (Rule 46.4 deals with costs where money is payable by or to a child or protected party.)
This Part—
contains special provisions which apply in proceedings involving children and protected parties;
sets out how a person becomes a litigation friend; and
does not apply to— where one of the parties to the proceedings is a child.
proceedings under Part 75;
enforcement of specified debts by taking control of goods; or
applications in relation to enforcement of specified debts by taking control of goods,
In this Part—
‘the 2005 Act’ means the Mental Capacity Act 2005;
‘child’ means a person under 18;
‘lacks capacity’ means lacks capacity within the meaning of the 2005 Act;
‘protected party’ means a party, or an intended party, who lacks capacity to conduct the proceedings;
‘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;
“specified debts” has the same meaning as in rule 75.1(2)(e); and
“taking control of goods” means using the procedure to take control of goods contained in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007.
the court may appoint a person to be the child’s litigation friend.
A protected party must have a litigation friend to conduct proceedings on his behalf.
A child must have a litigation friend to conduct proceedings on his behalf unless the court makes an order under paragraph (3).
The court may make an order permitting a child to conduct proceedings without a litigation friend.
An application for an order under paragraph (3)—
may be made by the child;
if the child already has a litigation friend, must be made on notice to the litigation friend; and
if the child has no litigation friend, may be made without notice.
Where—
the court has made an order under paragraph (3); and
it subsequently appears to the court that it is desirable for a litigation friend to conduct the proceedings on behalf of the child,
until the child or protected party has a litigation friend.
This rule does not apply where the court has made an order under rule 21.2(3).
A person may not, without the permission of the court—
make an application against a child or protected party before proceedings have started; or
take any step in proceedings except—
issuing and serving a claim form; or
applying for the appointment of a litigation friend under rule 21.6,
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.
Any step taken before a child or protected party has a litigation friend has no effect unless the court orders otherwise.
This rule does not apply if the court has appointed a person to be a litigation friend.
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.
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—
can fairly and competently conduct proceedings on behalf of the child or protected party;
has no interest adverse to that of the child or protected party; and
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.
( Rules 6.17 and 6.29 set out the details to be contained in a certificate of service.)
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.
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—
where the deputy is to act as a litigation friend for a claimant, at the time the claim is made; or
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.
Any other person must file a certificate of suitability stating that he satisfies the conditions specified in rule 21.4(3) either—
where the person is to act as a litigation friend for a claimant, at the time when the claim is made; or
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.
The litigation friend must—
serve the certificate of suitability on every person on whom, in accordance with rule 6.13 (service on a parent, guardian etc.), the claim form should be served; and
file a certificate of service when filing the certificate of suitability.
The court may make an order appointing a litigation friend.
An application for an order appointing a litigation friend may be made by—
a person who wishes to be the litigation friend; or
a party.
Where— the claimant must apply to the court for an order appointing a litigation friend for the child or protected party.
a person makes a claim against a child or protected party;
the child or protected party has no litigation friend;
the court has not made an order under rule 21.2(3) (order that a child can conduct proceedings without a litigation friend); and
either—
someone who is not entitled to be a litigation friend files a defence; or
the claimant wishes to take some step in the proceedings,
An application for an order appointing a litigation friend must be supported by evidence.
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).
The court may—
direct that a person may not act as a litigation friend;
terminate a litigation friend’s appointment; or
appoint a new litigation friend in substitution for an existing one.
An application for an order under paragraph (1) must be supported by evidence.
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).
An application for an order under rule 21.6 or 21.7 must be served on every person on whom, in accordance with rule 6.13 (service on parent, guardian etc.), the claim form must be served.
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.
An application for an order under rule 21.7 must also be served on—
the person who is the litigation friend, or who is purporting to act as the litigation friend, when the application is made; and
the person who it is proposed should be the litigation friend, if he is not the applicant.
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).
When a child who is not a protected party reaches the age of 18, the litigation friend’s appointment ceases.
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.
An application for an order under paragraph (2) may be made by—
the former protected party;
the litigation friend; or
a party.
The child or protected party in respect of whom the appointment to act has ceased must serve notice on the other parties—
stating that the appointment of his litigation friend to act has ceased;
giving his address for service; and
stating whether or not he intends to carry on the proceedings.
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.
The liability of a litigation friend for costs continues until—
the person in respect of whom his appointment to act has ceased serves the notice referred to in paragraph (4); or
the litigation friend serves notice on the parties that his appointment to act has ceased.
the claim must— (Rule 46.4 contains provisions about costs where money is payable to a child or protected party.)
Where a claim is made— 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.
by or on behalf of a child or protected party; or
against a child or protected party,
Where—
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
the sole purpose of proceedings is to obtain the approval of the court to a settlement or compromise of the claim,
be made using the procedure set out in Part 8 (alternative procedure for claims); and
include a request to the court for approval of the settlement or compromise.
In proceedings to which Section II or Section III 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.
Where in any proceedings— the money will be dealt with in accordance with directions given by the court under this rule and not otherwise.
money is recovered by or on behalf of or for the benefit of a child or protected party; or
money paid into court is accepted by or on behalf of a child or protected party,
Directions given under this rule may provide that the money shall be wholly or partly paid into court and invested or otherwise dealt with.
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.
(Costs and expenses which are also “costs” as defined in rule 44.1(1) are subject to rule 46.4(2) and (3).)
Subject to paragraph (1A), in proceedings to which rule 21.11 applies, a litigation friend who incurs costs or 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—
has been reasonably incurred; and
is reasonable in amount.
Costs recoverable under this rule are limited to—
costs incurred by or on behalf of a child and which have been assessed by way of detailed assessment pursuant to rule 46.4(2); or
costs incurred by or on behalf of a child by way of success fee under a conditional fee agreement or sum payable under a damages based agreement in a claim for damages for personal injury where the damages agreed or ordered to be paid do not exceed £25,000, where such costs have been assessed summarily pursuant to rule 46.4(5).
Expenses may include all or part of—
a premium in respect of a costs insurance policy (as defined by section 58C(5) of the Courts and Legal Services Act 1990); or
interest on a loan taken out to pay a premium in respect of a costs insurance policy or other recoverable disbursement.
No application may be made under this rule for costs or expenses that —
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
are disallowed in whole or in part on such an assessment.
In deciding whether the costs or 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 44.4(3) and rule 46.9.
When the court is considering the factors to be taken into account in assessing the reasonableness of the costs or 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 cost or expense was incurred.
Subject to paragraph (7), 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.
The amount which the litigation friend may recover under paragraph (1) in respect of costs must not (in proceedings at first instance) exceed 25% of the amount of the sum agreed or awarded in respect of— net of any sums recoverable by the Compensation Recovery Unit of the Department for Work and Pensions.
general damages for pain, suffering and loss of amenity; and
damages for pecuniary loss other than future pecuniary loss,
Except in a case in which the costs payable to a child or protected party are fixed by these rules, no application may be made under this rule for a payment out of the money recovered by the child or protected party until the costs payable to the child or protected party have been assessed or agreed.
The court may appoint the Official Solicitor to be a guardian of a child’s estate where—
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);
the Criminal Injuries Compensation Authority notifies the court that it has made or intends to make an award to the child;
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;
the child is absolutely entitled to the proceeds of a pension fund; or
in any other case, such an appointment seems desirable to the court.
The court may not appoint the Official Solicitor under this rule unless—
the persons with parental responsibility (within the meaning of section 3 of the Children Act 1989) agree; or
the court considers that their agreement can be dispensed with.
The Official Solicitor’s appointment may continue only until the child reaches 18.
(Part 17 provides for amendments to statements of case)
The following documents must be verified by a statement of truth—
a statement of case;
a response complying with an order under rule 18.1 to provide further information;
a witness statement;
an acknowledgement of service in a claim begun by way of the Part 8 procedure; ...
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); ...
a certificate of service; and
any other document where a rule or practice direction requires.
Where a statement of case is amended, the amendments must be verified by a statement of truth unless the court orders otherwise.
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.
Subject to paragraph (5), a statement of truth is a statement that— believes the facts stated in the document are true.
the party putting forward the document; ...
in the case of a witness statement, the maker of the witness statement... ; or
in the case of a certificate of service, the person who signs the certificate,
If a party is conducting proceedings with a litigation friend, the statement of truth in—
a statement of case;
a response; or
an application notice,
The statement of truth must be signed by—
in the case of a statement of case, a response or an application—
the party or litigation friend; or
the legal representative on behalf of the party or litigation friend; and
in the case of a witness statement, the maker of the statement.
A statement of truth which is not contained in the document which it verifies, must clearly identify that document.
A statement of truth in a statement of case may be made by—
a person who is not a party; or
by two parties jointly,
If a party fails to verify his statement of case by a statement of truth—
the statement of case shall remain effective unless struck out; but
the party may not rely on the statement of case as evidence of any of the matters set out in it.
The court may strike out(GL) a statement of case which is not verified by a statement of truth.
Any party may apply for an order under paragraph (2).
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.
The court may order a person who has failed to verify a document in accordance with rule 22.1 to verify the document.
Any party may apply for an order under paragraph (1).
In this Part—
The general rule is that an application must be made to the court or County Court hearing centre where the claim was started.
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.
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.
Subject 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.
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.
If an application is made after proceedings to enforce judgment have begun, it must be made to the court or County Court hearing centre which is dealing with the enforcement of the judgment unless any enactment, rule or practice direction provides otherwise.
The general rule is that an applicant must file an application notice.
An applicant may make an application without filing an application notice if—
this is permitted by a rule or practice direction; or
the court dispenses with the requirement for an application notice.
(Rule 23.7 deals with service of a copy of the application notice)
The general rule is that a copy of the application notice must be served on each respondent.
An application may be made without serving a copy of the application notice if this is permitted by—
a rule;
a practice direction; or
a court order.
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.
An application notice must state— (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)
what order the applicant is seeking; and
briefly, why the applicant is seeking the order.
(Part 6 contains the general rules about service of documents including who must serve a copy of the application notice)
A copy of the application notice—
must be served as soon as practicable after it is filed; and
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.
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.
When a copy of an application notice is served it must be accompanied by—
a copy of any written evidence in support; and
a copy of any draft order which the applicant has attached to his application.
If— the court may direct that, in the circumstances of the case, sufficient notice has been given and hear the application.
an application notice is served; but
the period of notice is shorter than the period required by these Rules or a practice direction,
This rule does not require written evidence—
to be filed if it has already been filed; or
to be served on a party on whom it has already been served.
The court may deal with an application without a hearing if—
the parties agree as to the terms of the order sought;
the parties agree that the court should dispose of the application without a hearing, or
the court does not consider that a hearing would be appropriate.
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.
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—
against whom the order was made; and
against whom the order was sought.
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.
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.
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.
(Part 40 deals with service of orders)
Where the applicant or any respondent fails to attend the hearing of an application, the court may proceed in his absence.
Where— the court may, on application or of its own initiative, re-list the application.
the applicant or any respondent fails to attend the hearing of an application; and
the court makes an order at the hearing,
If the court dismisses an application (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—
the court’s order must record that fact; and
the court must at the same time consider whether it is appropriate to make a civil restraint order.
This Part sets out a procedure by which the court may decide a claim or a particular issue without a trial. (Part 53 makes special provision about summary disposal of defamation claims in accordance with the Defamation Act 1996)
The court may give summary judgment against a claimant or defendant on the whole of a claim or on a particular issue if— (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)
it considers that—
that claimant has no real prospect of succeeding on the claim or issue; or
that defendant has no real prospect of successfully defending the claim or issue; and
there is no other compelling reason why the case or issue should be disposed of at a trial.
The court may give summary judgment against a claimant in any type of proceedings.
The court may give summary judgment against a defendant in any type of proceedings except—
proceedings for possession of residential premises against–
a mortgagor; or
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
proceedings for an admiralty claim in rem....
(Repealed)
(Rule 10.3 sets out the period for filing an acknowledgment of service and rule 15.4 the period for filing a defence) (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)
A claimant may not apply for summary judgment until the defendant against whom the application is made has filed—
an acknowledgement of service; or
a defence,
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.
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.
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—
the date fixed for the hearing; and
the issues which it is proposed that the court will decide at the hearing.
A practice direction may provide for a different period of notice to be given.
If the respondent to an application for summary judgment wishes to rely on written evidence at the hearing, he must—
file the written evidence; and
serve copies on every other party to the application, at least 7 days before the summary judgment hearing.
If the applicant wishes to rely on written evidence in reply, he must— at least 3 days before the summary judgment hearing.
file the written evidence; and
serve a copy on the respondent,
Where a summary judgment hearing is fixed by the court of its own initiative—
any party who wishes to rely on written evidence at the hearing must— at least 7 days before the date of the hearing;
file the written evidence; and
unless the court orders otherwise, serve copies on every other party to the proceedings,
any party who wishes to rely on written evidence at the hearing in reply to any other party’s written evidence must— at least 3 days before the date of the hearing.
file the written evidence in reply; and
unless the court orders otherwise serve copies on every other party to the proceedings,
This rule does not require written evidence—
to be filed if it has already been filed; or
to be served on a party on whom it has already been served.
When the court determines a summary judgment application it may— (Rule 3.1(3) provides that the court may attach conditions when it makes an order)
give directions as to the filing and service of a defence;
give further directions about the management of the case.
(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)
The court may grant the following interim remedies—
an interim injunction(GL);
an interim declaration;
an order—
for the detention, custody or preservation of relevant property;
for the inspection of relevant property;
for the taking of a sample of relevant property;
for the carrying out of an experiment on or with relevant property;
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
for the payment of income from relevant property until a claim is decided;
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);
an order under section 4 of the Torts (Interference with Goods) Act 1977 to deliver up goods;
an order (referred to as a “freezing injunction(GL)”)—
restraining a party from removing from the jurisdiction assets located there; or
restraining a party from dealing with any assets whether located within the jurisdiction or not;
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);
an order (referred to as a “search order”) under section 7 of the Civil Procedure Act 1997 (order requiring a party to admit another party to premises for the purpose of preserving evidence etc.);
an order under section 33 of the Supreme Court Act 1981 or section 52 of the County Courts Act 1984 (order for disclosure of documents or inspection of property before a claim has been made);
an order under section 34 of the Supreme Court Act 1981 or section 53 of the County Courts Act 1984 (order in certain proceedings for disclosure of documents or inspection of property against a non-party);
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;
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;
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; ...
an order directing a party to prepare and file accounts relating to the dispute ;
an order directing any account to be taken or inquiry to be made by the court ; and
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).
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.
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.
The court may grant an interim remedy whether or not there has been a claim for a final remedy of that kind.
(Rule 7.2 provides that proceedings are started when the court issues a claim form) (Part 10 provides for filing an acknowledgment of service and Part 15 for filing a defence)
An order for an interim remedy may be made at any time, including—
before proceedings are started; and
after judgment has been given.
However—
paragraph (1) is subject to any rule, practice direction or other enactment which provides otherwise;
the court may grant an interim remedy before a claim has been made only if—
the matter is urgent; or
it is otherwise desirable to do so in the interests of justice; and
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.
Where it grants an interim remedy before a claim has been commenced, the court should give directions requiring a claim to be commenced.
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).
(Part 3 lists general powers of the court)
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.
An application for an interim remedy must be supported by evidence, unless the court orders otherwise.
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.
(The following provisions are also relevant—
This rule applies where a party wishes to apply for an interim remedy but—
the remedy is sought in relation to proceedings which are taking place, or will take place, outside the jurisdiction; or
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.
An application under this rule must be made in accordance with the general rules about applications contained in Part 23.
This rule applies where a person makes an application under—
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);
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).
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—
is or may become the subject matter of such proceedings; or
is relevant to the issues that will arise in relation to such proceedings.
A copy of the application notice and a copy of the evidence in support must be served on—
the person against whom the order is sought; and
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.
(Rule 10.3 sets out the period for filing an acknowledgement of service) (Part 23 contains general rules about applications)
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.
The claimant may make more than one application for an order for an interim payment.
A copy of an application notice for an order for an interim payment must—
be served at least 14 days before the hearing of the application; and
be supported by evidence.
If the respondent to an application for an order for an interim payment wishes to rely on written evidence at the hearing, he must— at least 7 days before the hearing of the application.
file the written evidence; and
serve copies on every other party to the application,
If the applicant wishes to rely on written evidence in reply, he must—
file the written evidence; and
serve a copy on the respondent,
This rule does not require written evidence—
to be filed if it has already been filed; or
to be served on a party on whom it has already been served.
The court may order an interim payment in one sum or in instalments.
The court may only make an order for an interim payment where any of the following conditions are satisfied—
the defendant against whom the order is sought has admitted liability to pay damages or some other sum of money to the claimant;
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;
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;
the following conditions are satisfied—
the claimant is seeking an order for possession of land (whether or not any other order is also sought); and
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
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—
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
all the defendants are either—
(Repealed)
(Repealed)
The court must not order an interim payment of more than a reasonable proportion of the likely amount of the final judgment.
The court must take into account—
contributory negligence; and
any relevant set-off or counterclaim.
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.
The court may in particular—
order all or part of the interim payment to be repaid;
vary or discharge the order for the interim payment;
order a defendant to reimburse, either wholly or partly, another defendant who has made an interim payment.
The court may make an order under paragraph (2)(c) only if—
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
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.
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.
Where— the court may award him interest on the overpaid amount from the date when he made the interim payment.
a defendant has made an interim payment; and
the amount of the payment is more than his total liability under the final judgment or order,
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.
If—
the court has granted an interim injunction(GL) other than a freezing injunction; and
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.
If– the interim injunction shall cease to have effect 14 days after the date that the claim is struck out unless paragraph (2) applies.
the court has granted an interim injunction(GL); and
the claim is struck out under rule 3.7 (sanctions for non-payment of certain fees by the claimant) or under rule 3.7A1 (sanctions for non-payment of the trial fee by the claimant),
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.
(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)
A defendant to any claim may apply under this Section of this Part for security for his costs of the proceedings.
An application for security for costs must be supported by written evidence.
Where the court makes an order for security for costs, it will—
determine the amount of security; and
direct— the security must be given.
the manner in which; and
the time within which
The court may make an order for security for costs under rule 25.12 if—
it is satisfied, having regard to all the circumstances of the case, that it is just to make such an order; and
one or more of the conditions in paragraph (2) applies, or
an enactment permits the court to require security for costs.
The conditions are— (Rule 3.4 allows the court to strike out a statement of case and Part 24 for it to give summary judgment)
the claimant is—
resident out of the jurisdiction; but
not resident in a Brussels Contracting State, a State bound by the Lugano Convention , a State bound by the 2005 Hague Convention or a Regulation State, as defined in section 1(3) of the Civil Jurisdiction and Judgments Act 1982;
(Repealed)
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;
the claimant has changed his address since the claim was commenced with a view to evading the consequences of the litigation;
the claimant failed to give his address in the claim form, or gave an incorrect address in that form;
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;
the claimant has taken steps in relation to his assets that would make it difficult to enforce an order for costs against him.
(Rule 46.2 makes provision for costs orders against non-parties)
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—
it is satisfied, having regard to all the circumstances of the case, that it is just to make such an order; and
one or more of the conditions in paragraph (2) applies.
The conditions are that the person— is a person against whom a costs order may be made.
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
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
The court may order security for costs of an appeal against— on the same grounds as it may order security for costs against a claimant under this Part.
an appellant;
a respondent who also appeals,
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.
(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)
This Part provides for—
the automatic transfer of some defended cases in the High Court;
the circumstances in which defended cases may be sent from one County Court hearing centre or court office to another; and
the allocation of defended cases to case management tracks.
There are three tracks—
the small claims track;
the fast track; and
the multi-track.
(Rule 2.3 defines “defendant’s home court”) (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) (Rule 7.10 makes provision for the Production Centre)
... This rule applies to proceedings in the High Court where—
the claim is for a specified amount of money;
the claim was commenced in a court which is not the defendant’s home court;
the claim has not been transferred to another defendant’s home court ...; and
the defendant is an individual.
This rule does not apply where the claim was commenced in a specialist list(GL).
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.
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.
Where— proceedings are to be transferred under this rule to the home court of that defendant.
the claim is against two or more defendants with different home courts; and
the defendant whose defence is filed first is an individual,
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.
This rule applies where the claim is for an amount of money in the County Court, specified or unspecified.
If at any time ... a court officer considers that the claim should be referred to a judge for directions, the court officer may send the proceedings to the defendant’s home court or the preferred hearing centre or other County Court hearing centre as may be appropriate.
Subject to paragraphs (5) and (5A), if the defendant is an individual and the claim is for a specified sum of money, at the relevant time the claim must be sent to the defendant’s home court (save that where there are two or more defendants, one or more of whom are individuals, the claim must be sent to the home court of the defendant who first files their defence).
Subject to paragraphs (5) and (5A), in any other claim to which this rule applies, the court must, at the relevant time, send the claim to the preferred hearing centre.
Subject to paragraph (5A), if, on their directions questionnaire— the claim must be sent to that other hearing centre.
a defendant under paragraph (3) has specified a hearing centre other than the defendant’s home court; or
a claimant under paragraph (4) has specified a hearing centre other than the preferred hearing centre,
At the relevant time, the claim must be sent to the County Court at Central London if—
the claim is started at the County Court Business Centre or the County Court Money Claims Centre;
a court officer provisionally decides, pursuant to rule 26.3, that the track which appears to be most suitable for the claim is the multi-track; and
either— is one of the hearing centres listed in Practice Direction 26 at paragraph 10.4.
in respect of a defendant under paragraphs (3) and (5)(a), the home court (or the home court of the defendant who first files their defence) or the hearing centre specified on the directions questionnaire; or
in respect of a claimant under paragraphs (4) and (5)(b), the preferred hearing centre or the hearing centre specified on the directions questionnaire,
The relevant time for the purposes of this rule is when—
all parties have filed their directions questionnaires;
any stay ordered by the court or period to attempt settlement through mediation has expired; or
if the claim falls within Practice Direction 7D— whichever occurs first.
the defence is filed; or
enforcement of a default judgment other than by a warrant of control is requested,
(Rule 15.4 specifies the period for filing a defence) (Rule 7.10 makes provision for the Production Centre) (Rules 6.14 and 6.26 specify when a document is deemed to be served)
If a defendant files a defence—
a court officer will—
provisionally decide the track which appears to be most suitable for the claim; and
serve on each party a notice of proposed allocation; and
the notice of proposed allocation will—
specify any matter to be complied with by the date specified in the notice;
require the parties to file a completed directions questionnaire and serve copies on all other parties;
state the address of the court or the court office to which the directions questionnaire must be returned;
inform the parties how to obtain the directions questionnaire; and
if a case appears suitable for allocation to the fast track or multi-track, require the parties to file proposed directions by the date specified in the notice.
(Repealed)
The court will always serve on any unrepresented party the appropriate directions questionnaire.
Where there are two or more defendants and at least one of them files a defence, the court will serve the a notice under paragraph (1) — whichever is the sooner.
when all the defendants have filed a defence; or
when the period for the filing of the last defence has expired,
If proceedings are automatically transferred under rule 26.2 or rule 26.2A the court in which the proceedings have been commenced—
will serve the notice of proposed allocation before the proceedings are transferred; and
will not transfer the proceedings until all parties have complied with the notice or the time for doing so has expired.
If rule 15.10 or rule 14.5 applies, the court will not serve a notice under rule 26.3(1) until the claimant has filed a notice requiring the proceedings to continue.
(Repealed)
If a notice is served under rule 26.3(1)—
each party must file ..., and serve on all other parties, the documents required by the notice by no later than the date specified in it; and
the date specified will be—
if the notice relates to the small claims track, at least 14 days; or
if the notice relates to the fast track or multi-track, at least 28 days, after the date when it is deemed to be served on the party in question.
The date for complying with a notice served under rule 26.3(1) may not be varied by agreement between the parties.
The time when the court serves a directions questionnaire under this rule may be varied by a practice direction in respect of claims issued by the Production Centre.
If a claim is a claim to which rule 26.2A applies and a party does not comply with the notice served under rule 26.3(1) by the date specified—
the court will serve a further notice on that party, requiring them to comply within 7 days; and
if that party fails to comply with the notice served under subparagraph (a), the party’s statement of case will be struck out without further order of the court.
If a claim is a claim to which rule 26.2 applies and a party does not comply with the notice served under rule 26.3(1) by the date specified, the court will make such order as it considers appropriate, including—
an order for directions;
an order striking out the claim;
an order striking out the defence and entering judgment; or
listing the case for a case management conference.
(Repealed)
Where a case has been struck out under rule 26.3(7A)(b) or an order has been made under 26.3(8), a party who was in default will not normally be entitled to an order for the costs of any application to set aside or vary that order nor of attending any case management conference and will, unless the court thinks it unjust to do so, be ordered to pay the costs that the default caused to any other party.
A party may, when filing the completed directions 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.
If all parties request a stay the proceedings will be stayed for one month and the court will notify the parties accordingly.
If the court otherwise considers that such a stay would be appropriate, the court will direct that the proceedings, either in whole or in part, be stayed for one month, or for such other period as it considers appropriate.
The court may extend the stay(GL) until such date or for such specified period as it considers appropriate.
Where the court stays(GL) the proceedings under this rule, the claimant must tell the court if a settlement is reached.
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.
This rule applies to claims started in the County Court which would normally be allocated to the small claims track pursuant to rule 26.6.
This rule does not apply to—
road traffic accident, personal injury or housing disrepair claims; or
any claim in which any party to the proceedings does not agree to referral to the Mediation Service.
In this rule, “the Mediation Service” means the Small Claims Mediation Service operated by Her Majesty’s Courts and Tribunals Service.
Where all parties indicate on their directions questionnaire that they agree to mediation, the claim will be referred to the Mediation Service.
If a claim to which this rule applies is settled, the proceedings will automatically be stayed with permission to apply for— unless the parties have agreed that the claim is to be discontinued or dismissed.
judgment for the unpaid balance of the outstanding sum of the settlement agreement; or
the claim to be restored for hearing of the full amount claimed,
(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)
The court will allocate the claim to a track— unless it has stayed the proceedings under rule 26.4.
when all parties have filed their directions questionnaires; or
when giving directions pursuant to rule 26.3(8),
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.
If— the claim will be allocated to a track in accordance with this rule no later than four weeks from the date on which the last directions questionnaire is filed.
a claim is referred to the Mediation Service pursuant to rule 26.4A; and
the court has not been notified in writing that a settlement has been agreed,
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.
The court may hold an allocation hearing if it thinks it is necessary.
(Repealed)
(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) (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)
The small claims track is the normal track for—
any claim for personal injuries where—
the ... value of the claim is not more than £10,000; and
the ... value of any claim for damages for personal injuries is not more than £1,000;
any claim which includes a claim by a tenant of residential premises against a landlord where—
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);
the cost of the repairs or other work to the premises is estimated to be not more than £1,000; and
the ... value of any other claim for damages is not more than £1,000.
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.
Subject to paragraph (1), the small claims track is the normal track for any claim which has a ... value of not more than £10,000.
Subject to paragraph (5), the fast track is the normal track for any claim—
for which the small claims track is not the normal track; and
which has a value—
for proceedings issued on or after 6th April 2009, of not more than £25,000; and
for proceedings issued before 6th April 2009, of not more than £15,000.
The fast track is the normal track for the claims referred to in paragraph (4) only if the court considers that—
the trial is likely to last for no longer than one day; and
oral expert evidence at trial will be limited to—
one expert per party in relation to any expert field; and
expert evidence in two expert fields.
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.
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).
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).
(Repealed)
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.
When deciding the track for a claim, the matters to which the court shall have regard include—
the financial value, if any, of the claim;
the nature of the remedy sought;
the likely complexity of the facts, law or evidence;
the number of parties or likely parties;
the value of any counterclaim or other Part 20 claim and the complexity of any matters relating to it;
the amount of oral evidence which may be required;
the importance of the claim to persons who are not parties to the proceedings;
the views expressed by the parties; and
the circumstances of the parties.
It is for the court to assess the financial value of a claim and in doing so it will disregard—
any amount not in dispute;
any claim for interest;
costs; and
any contributory negligence.
Where— the court will consider the claim of each claimant separately when it assesses financial value under paragraph (1).
two or more claimants have started a claim against the same defendant using the same claim form; and
each claimant has a claim against the defendant separate from the other claimants,
(Rule 26.5 provides that the court may, before allocating proceedings, order a party to provide further information about their case)
When it has allocated a claim to a track, the court will serve notice of allocation on every party.
(Repealed)
The court may subsequently re-allocate a claim to a different track.
An application for a claim, other than a claim for libel and slander, to be tried with a jury must be made within 28 days of service of the defence.
A claim for libel or slander must be tried by Judge alone, unless at the first case management conference a party applies for trial with a jury and the court makes an order to that effect.
(Rule 27.14 deals with costs on the small claims track) (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—
This Part—
sets out the special procedure for dealing with claims which have been allocated to the small claims track under Part 26; and
limits the amount of costs that can be recovered in respect of a claim which has been allocated to the small claims track.
A claim being dealt with under this Part is called a small claim.
The following Parts of these Rules do not apply to small claims—
Part 25 (interim remedies) except as it relates to interim injunctions(GL);
Part 31 (disclosure and inspection);
Part 32 (evidence) except rule 32.1 (power of court to control evidence);
Part 33 (miscellaneous rules about evidence);
Part 35 (experts and assessors) except rules 35.1 (duty to restrict expert evidence), 35.3 (experts—overriding duty to the court) , 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);
Subject to paragraph (3), Part 18 (further information);
Part 36 (offers to settle ...); and
Part 39 (hearings) except rule 39.2 (general rule—hearing to be in public).
The other Parts of these Rules apply to small claims except to the extent that a rule limits such application.
The court of its own initiative may order a party to provide further information if it considers it appropriate to do so.
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.
After allocation the court will—
give standard directions and fix a date for the final hearing;
give special directions and fix a date for the final hearing;
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;
fix a date for a preliminary hearing under rule 27.6; or
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.
The court will—
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
inform them of the amount of time allowed for the final hearing.
In this rule
“standard directions” means—
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
any other standard directions set out in Practice Direction 27; and
“special directions” means directions given in addition to or instead of the standard directions.
No expert may give evidence, whether written or oral, at a hearing without the permission of the court. (Repealed)
The court may hold a preliminary hearing for the consideration of the claim, but only—
where—
it considers that special directions, as defined in rule 27.4, are needed to ensure a fair hearing; and
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
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
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.
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.
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.
The court may treat the preliminary hearing as the final hearing of the claim if all the parties agree.
At or after the preliminary hearing the court will—
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;
inform them of the amount of time allowed for the final hearing; and
give any appropriate directions.
The court may add to, vary or revoke directions.
The court may adopt any method of proceeding at a hearing that it considers to be fair.
Hearings will be informal.
The strict rules of evidence do not apply.
The court need not take evidence on oath.
The court may limit cross-examination(GL).
The court must give reasons for its decision.
If a party who does not attend a final hearing— 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.
has given written notice to the court and the other party at least 7 days before the hearing date that he will not attend;
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
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,
If a claimant does not— the court may strike out(GL) the claim.
attend the hearing; and
give the notice referred to in paragraph (1)
If—
a defendant does not
attend the hearing; or
give the notice referred to in paragraph (1); and
the claimant either— the court may decide the claim on the basis of the evidence of the claimant alone.
does attend the hearing; or
gives the notice referred to in paragraph (1),
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.
The court may, if all parties agree, deal with the claim without a hearing.
A party— may apply for an order that a judgment under this Part shall be set aside(GL) and the claim re-heard.
who was neither present nor represented at the hearing of the claim; and
who has not given written notice to the court under rule 27.9(1),
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.
The court may grant an application under paragraph (2) only if the applicant—
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
has a reasonable prospect of success at the hearing.
If a judgment is set aside(GL)—
the court must fix a new hearing for the claim; and
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.
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.
(Repealed)
(Repealed)
(Rules 46.11 and 46.13 make provision in relation to orders for costs made before a claim has been allocated to the small claims track) (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)
This rule applies to any case which has been allocated to the small claims track ....
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—
the fixed costs attributable to issuing the claim which—
are payable under Part 45; or
would be payable under Part 45 if that Part applied to the claim;
in proceedings which included a claim for an injunction or an order for specific performance a sum not exceeding the amount specified in Practice Direction 27 for legal advice and assistance relating to that claim;
any court fees paid by that other party;
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;
a sum not exceeding the amount specified in Practice Direction 27 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;
a sum not exceeding the amount specified in Practice Direction 27 for an expert’s fees; ...
such further costs as the court may assess by the summary procedure and order to be paid by a party who has behaved unreasonably ; ...
the Stage 1 and, where relevant, the Stage 2 fixed costs in rule 45.18 where—
the claim was within the scope of the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (“the RTA Protocol”) or the Pre-action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims (‘the EL/PL Protocol’);
the claimant reasonably believed that the claim was valued at more than the small claims track limit in accordance with paragraph 4.1(4) of the relevant Protocol; and
the defendant admitted liability under the process set out in the relevant Protocol; but
the defendant did not pay those Stage 1 and, where relevant, Stage 2 fixed costs ; and
in an appeal, the cost of any approved transcript reasonably incurred.
A party’s rejection of an offer in settlement will not of itself constitute unreasonable behaviour under paragraph (2)(g) but the court may take it into consideration when it is applying the unreasonableness test. ...
(Repealed)
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 (a lay representative).
(Repealed)
(Repealed)
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.
This Part contains general provisions about management of cases allocated to the fast track and applies only to cases allocated to that track.
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.
When it gives directions, the court will—
fix the trial date; or
fix a period, not exceeding 3 weeks, within which the trial is to take place.
The trial date or trial period will be specified in the notice of allocation.
The standard period between the giving of directions and the trial will be not more than 30 weeks.
The court’s power to award trial costs is limited in accordance with Section VI of Part 45.
(Rule 31.6 explains what is meant by standard disclosure)
The matters to be dealt with by directions under rule 28.2(1) include—
disclosure of documents;
service of witness statements; and
expert evidence.
If the court decides not to direct standard disclosure, it may—
direct that no disclosure take place; or
specify the documents or the classes of documents which the parties must disclose.
(Rule 2.11 allows the parties to vary a date by written agreement except where the rules provide otherwise or the court orders otherwise)
A party must apply to the court if he wishes to vary the date which the court has fixed for—
the return of a pre-trial check list under rule 28.5;
the trial; or
the trial period.
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).
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.
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.
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.
If— the court may give such directions as it thinks appropriate.
a party files a completed pre-trial checklist but another party does not;
a party has failed to give all the information requested by the pre-trial checklist; or
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,
As soon as practicable after the date specified for filing a completed pre-trial check list the court will—
fix the date for the trial (or, if it has already done so, confirm that date);
give any directions for the trial, including a trial timetable, which it considers appropriate; and
specify any further steps that need to be taken before trial.
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.
Unless the trial judge otherwise directs, the trial will be conducted in accordance with any order previously made.
This Part contains general provisions about management of cases allocated to the multi-track and applies only to cases allocated to that track.
When drafting case management directions both the parties and the court should take as their starting point any relevant model directions and standard directions which can be found online at www.justice.gov.uk/courts/procedure-rules/civil and adapt them as appropriate to the circumstances of the particular case.
When it allocates a case to the multi-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 directions and the trial; or may
fix— or both, and give such other directions relating to the management of the case as it sees fit.
a case management conference; or
a pre-trial review,
The court will fix the trial date or the period in which the trial is to take place as soon as practicable.
When the court fixes the trial date or the trial period under paragraph (2), it will—
give notice to the parties of the date or period; and
specify the date by which the parties must file a pre-trial check list.
(Rule 3.1(2)(c) provides that the court may require a party to attend the court)
The court may fix— at any time after the claim has been allocated.
a case management conference; or
a pre-trial review,
If a party has a legal representative, a representative—
familiar with the case; and
with sufficient authority to deal with any issues that are likely to arise, must attend case management conferences and pre-trial reviews.
The parties must endeavour to agree appropriate directions for the management of the proceedings and submit agreed directions, or their respective proposals to the court at least seven days before any case management conference. Where the court approves agreed directions, or issues its own directions, the parties will be so notified by the court and the case management conference will be vacated.
(Rule 2.11 allows the parties to vary a date by written agreement except where the rules provide otherwise or the court orders otherwise)
A party must apply to the court if he wishes to vary the date which the court has fixed for—
a case management conference;
a pre-trial review;
the return of a pre-trial check list under rule 29.6;
the trial; or
the trial period.
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).
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.
Each party must file the completed pre-trial check list by the date specified by the court.
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.
If— the court may give such directions as it thinks appropriate.
a party files a completed pre-trial checklist but another party does not;
a party has failed to give all the information requested by the pre-trial checklist; or
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,
If, on receipt of the parties' pre-trial check lists, the court decides— 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.
to hold a pre-trial review; or
to cancel a pre-trial review which has already been fixed,
As soon as practicable after— the court will—
each party has filed a completed pre-trial check list;
the court has held a listing hearing under rule 29.6(3); or
the court has held a pre-trial review under rule 29.7,
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;
confirm the date for trial or the week within which the trial is to begin; and
notify the parties of the trial timetable (where one is fixed under this rule) and the date or trial period.
Unless the trial judge otherwise directs, the trial will be conducted in accordance with any order previously made.
...
This Part deals with the transfer of proceedings within the County Court, between the High Court and the County Court and within the High Court.
Practice Direction 30 makes provision about the transfer of proceedings between the court and a tribunal.
In the County Court, a court may order that proceedings, or any part of them (such as a counterclaim or an application made in the proceedings), may be transferred to another County Court hearing centre if it is satisfied that—
an order should be made having regard to the criteria in rule 30.3; or
proceedings for could be more conveniently or fairly taken elsewhere.
the detailed assessment of costs; or
the enforcement of a judgment or order,
(Repealed)
An application for an order under paragraph (1) ... must be made to the County Court hearing centre where the claim is proceeding.
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—
from the Royal Courts of Justice to a district registry; or
from a district registry to the Royal Courts of Justice or to another district registry.
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.
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.
Where some enactment, other than these Rules, requires proceedings to be started by sending, or making, the claim or application to a particular County Court hearing centre, paragraph (1) does not give the court power to order proceedings to be transferred elsewhere.
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.
Paragraph (2) sets out the matters to which the court must have regard when considering whether to make an order under—
s.40(2), 41(1) or 42(2) of the County Courts Act 1984 (transfer between the High Court and the County Court );
rule 30.2(1) (transfer within the County Court); or
rule 30.2(4) (transfer between the Royal Courts of Justice and the district registries).
The matters to which the court must have regard include—
the financial value of the claim and the amount in dispute, if different;
whether it would be more convenient or fair for hearings (including the trial) to be held in some other court;
the availability of a judge specialising in the type of claim in question and in particular the availability of a specialist judge sitting in an appropriate regional specialist court;
whether the facts, legal issues, remedies or procedures involved are simple or complex;
the importance of the outcome of the claim to the public in general;
the facilities available to the court at which the claim is being dealt with, particularly in relation to—
any disabilities of a party or potential witness;
any special measures needed for potential witnesses; or
security;
whether the making of a declaration of incompatibility under section 4 of the Human Rights Act 1998 has arisen or may arise;
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.
Where in proceedings in the County Court the court considers that there is a real possibility that a party would in the course of the proceedings be required to disclose material the disclosure of which would be damaging to the interests of national security, the court must transfer the proceedings to the High Court.
Where the court orders proceedings to be transferred, it will give notice of that transfer to all the parties.
An order made before the transfer of the proceedings shall not be affected by the order to transfer.
The High Court may order proceedings in any Division of the High Court to be transferred to another Division.
A judge dealing with claims in a specialist list may order proceedings to be transferred to or from that list.
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.
An order for transfer of proceedings between the Chancery Division and a Queen’s Bench Division specialist list may only be made with the consent of the Chancellor of the High Court.
The court may specify the place (for instance, a particular County Court hearing centre) 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. (Practice Direction 54D ... contains provisions about where hearings may be held in proceedings in the Administrative Court.)
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 protected party) be transferred to another court or County Court hearing centre if that court or hearing centre would be more convenient.
This rule applies if, in any proceedings in the Queen’s Bench Division (other than proceedings in the Commercial or Admiralty Courts), a district registry of the High Court or the County Court, a party’s statement of case raises an issue relating to the application of—
Article 101 or Article 102 of the Treaty on the Functioning of the European Union; or
Chapter I or II of Part I of the Competition Act 1998.
Rules 30.2 and 30.3 do not apply.
The court must transfer the proceedings to the Chancery Division of the High Court at the Royal Courts of Justice.
If any such proceedings which have been commenced in the Queen’s Bench Division or a Circuit Commercial 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.
This Part sets out rules about the disclosure and inspection of documents.
This Part applies to all claims except a claim on the small claims track.
A party discloses a document by stating that the document exists or has existed.
(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) (Rule 78.26 contains rules in relation to the disclosure and inspection of evidence arising out of mediation of certain cross-border disputes.) (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)
A party to whom a document has been disclosed has a right to inspect that document except where—
the document is no longer in the control of the party who disclosed it;
the party disclosing the document has a right or a duty to withhold inspection of it; ...
paragraph (2) applies ; or
rule 78.26 applies.
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)—
he is not required to permit inspection of documents within that category or class; but
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.
In this Part—
(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)
In all claims to which rule 31.5(2) does not apply—
an order to give disclosure is an order to give standard disclosure unless the court directs otherwise;
the court may dispense with or limit standard disclosure; and
the parties may agree in writing to dispense with or to limit standard disclosure.
Unless the court otherwise orders, paragraphs (3) to (8) apply to all multi-track claims, other than those which include a claim for personal injuries.
Not less than 14 days before the first case management conference each party must file and serve a report verified by a statement of truth, which—
describes briefly what documents exist or may exist that are or may be relevant to the matters in issue in the case;
describes where and with whom those documents are or may be located;
in the case of electronic documents, describes how those documents are stored;
estimates the broad range of costs that could be involved in giving standard disclosure in the case, including the costs of searching for and disclosing any electronically stored documents; and
states which of the directions under paragraphs (7) or (8) are to be sought.
In cases where the Electronic Documents Questionnaire has been exchanged, the Questionnaire should be filed with the report required by paragraph (3).
Not less than seven days before the first case management conference, and on any other occasion as the court may direct, the parties must, at a meeting or by telephone, discuss and seek to agree a proposal in relation to disclosure that meets the overriding objective.
If— the court may approve them without a hearing and give directions in the terms proposed.
the parties agree proposals for the scope of disclosure; and
the court considers that the proposals are appropriate in all the circumstances,
At the first or any subsequent case management conference, the court will decide, having regard to the overriding objective and the need to limit disclosure to that which is necessary to deal with the case justly, which of the following orders to make in relation to disclosure—
an order dispensing with disclosure;
an order that a party disclose the documents on which it relies, and at the same time request any specific disclosure it requires from any other party;
an order that directs, where practicable, the disclosure to be given by each party on an issue by issue basis;
an order that each party disclose any documents which it is reasonable to suppose may contain information which enables that party to advance its own case or to damage that of any other party, or which leads to an enquiry which has either of those consequences;
an order that a party give standard disclosure;
any other order in relation to disclosure that the court considers appropriate.
The court may at any point give directions as to how disclosure is to be given, and in particular—
what searches are to be undertaken, of where, for what, in respect of which time periods and by whom and the extent of any search for electronically stored documents;
whether lists of documents are required;
how and when the disclosure statement is to be given;
in what format documents are to be disclosed (and whether any identification is required);
what is required in relation to documents that once existed but no longer exist; and
whether disclosure shall take place in stages.
To the extent that the documents to be disclosed are electronic, the provisions of Practice Direction 31B – Disclosure of Electronic Documents will apply in addition to paragraphs (3) to (8).
Standard disclosure requires a party to disclose only—
the documents on which he relies; and
the documents which—
adversely affect his own case;
adversely affect another party’s case; or
support another party’s case; and
the documents which he is required to disclose by a relevant practice direction.
(Rule 31.10 makes provision for a disclosure statement)
When giving standard disclosure, a party is required to make a reasonable search for documents falling within rule 31.6(b) or (c).
The factors relevant in deciding the reasonableness of a search include the following—
the number of documents involved;
the nature and complexity of the proceedings;
the ease and expense of retrieval of any particular document; and
the significance of any document which is likely to be located during the search.
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.
A party’s duty to disclose documents is limited to documents which are or have been in his control.
For this purpose a party has or has had a document in his control if—
it is or was in his physical possession;
he has or has had a right to possession of it; or
he has or has had a right to inspect or take copies of it.
(Rule 31.4 sets out the meaning of a copy of a document)
A party need not disclose more than one copy of a document.
A copy of a document that contains a modification, obliteration or other marking or feature— shall be treated as a separate document.
on which a party intends to rely; or
which adversely affects his own case or another party’s case or supports another party’s case;
(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)
The procedure for standard disclosure is as follows.
Each party must make and serve on every other party, a list of documents in the relevant practice form.
The list must identify the documents in a convenient order and manner and as concisely as possible.
The list must indicate—
those documents in respect of which the party claims a right or duty to withhold inspection; and
those documents which are no longer in the party’s control; and
what has happened to those documents.
The list must include a disclosure statement.
A disclosure statement is a statement made by the party disclosing the documents—
setting out the extent of the search that has been made to locate documents which he is required to disclose;
certifying that he understands the duty to disclose documents; and
certifying that to the best of his knowledge he has carried out that duty.
Where the party making the disclosure statement is a company, firm, association or other organisation, the statement must also—
identify the person making the statement; and
explain why he is considered an appropriate person to make the statement.
The parties may agree in writing—
to disclose documents without making a list; and
to disclose documents without the disclosing party making a disclosure statement.
A disclosure statement may be made by a person who is not a party where this is permitted by a relevant practice direction.
Any duty of disclosure continues until the proceedings are concluded.
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.
(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) (Rule 78.26 contains rules in relation to the disclosure and inspection of evidence arising out of mediation of certain cross-border disputes.)
The court may make an order for specific disclosure or specific inspection.
An order for specific disclosure is an order that a party must do one or more of the following things—
disclose documents or classes of documents specified in the order;
carry out a search to the extent stated in the order;
disclose any documents located as a result of that search.
An order for specific inspection is an order that a party permit inspection of a document referred to in rule 31.3(2).
The parties may agree in writing, or the court may direct, that disclosure or inspection or both shall take place in stages.
(Rule 35.10(4) makes provision in relation to instructions referred to in an expert’s report)
A party may inspect a document mentioned in—
a statement of case;
a witness statement;
a witness summary; or
an affidavit(GL).
(Repealed)
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.
Where a party has a right to inspect a document— (Rule 31.3 and 31.14 deal with the right of a party to inspect a document)
that party must give the party who disclosed the document written notice of his wish to inspect it;
the party who disclosed the document must permit inspection not more than 7 days after the date on which he received the notice; and
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 78.26 contains rules in relation to the disclosure and inspection of evidence arising out of mediation of certain cross-border disputes.)
This rule applies where an application is made to the court under any Act for disclosure before proceedings have started.
The application must be supported by evidence.
The court may make an order under this rule only where—
the respondent is likely to be a party to subsequent proceedings;
the applicant is also likely to be a party to those proceedings;
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
disclosure before proceedings have started is desirable in order to—
dispose fairly of the anticipated proceedings;
assist the dispute to be resolved without proceedings; or
save costs.
An order under this rule must—
specify the documents or the classes of documents which the respondent must disclose; and
require him, when making disclosure, to specify any of those documents—
which are no longer in his control; or
in respect of which he claims a right or duty to withhold inspection.
Such an order may—
require the respondent to indicate what has happened to any documents which are no longer in his control; and
specify the time and place for disclosure and inspection.
(Rule 78.26 contains rules in relation to the disclosure and inspection of evidence arising out of mediation of certain cross-border disputes.)
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.
The application must be supported by evidence.
The court may make an order under this rule only where—
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
disclosure is necessary in order to dispose fairly of the claim or to save costs.
An order under this rule must—
specify the documents or the classes of documents which the respondent must disclose; and
require the respondent, when making disclosure, to specify any of those documents—
which are no longer in his control; or
in respect of which he claims a right or duty to withhold inspection.
Such an order may—
require the respondent to indicate what has happened to any documents which are no longer in his control; and
specify the time and place for disclosure and inspection.
Rules 31.16 and 31.17 do not limit any other power which the court may have to order—
disclosure before proceedings have started; and
disclosure against a person who is not a party to proceedings.
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.
Unless the court orders otherwise, an order of the court under paragraph (1)—
must not be served on any other person; and
must not be open to inspection by any person.
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—
that he has such a right or duty; and
the grounds on which he claims that right or duty.
The statement referred to in paragraph (3) must be made—
in the list in which the document is disclosed; or
if there is no list, to the person wishing to inspect the document.
A party may apply to the court to decide whether a claim made under paragraph (3) should be upheld.
For the purpose of deciding an application under paragraph (1) (application to withhold disclosure) or paragraph (3) (claim to withhold inspection) the court may—
require the person seeking to withhold disclosure or inspection of a document to produce that document to the court; and
invite any person, whether or not a party, to make representations.
An application under paragraph (1) or paragraph (5) must be supported by evidence.
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.
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.
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.
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—
the document has been read to or by the court, or referred to, at a hearing which has been held in public;
the court gives permission; or
the party who disclosed the document and the person to whom the document belongs agree.
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.
An application for such an order may be made—
by a party; or
by any person to whom the document belongs.
For the purpose of this rule, an Electronic Documents Questionnaire which has been completed and served by another party pursuant to Practice Direction 31B is to be treated as if it is a document which has been disclosed.
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. (Section 6 of Part 81 contains provisions in relation to committal for making a false disclosure statement.)
(Repealed)
The court may control the evidence by giving directions as to—
the issues on which it requires evidence;
the nature of the evidence which it requires to decide those issues; and
the way in which the evidence is to be placed before the court.
The court may use its power under this rule to exclude evidence that would otherwise be admissible.
The court may limit cross-examination(GL).
The general rule is that any fact which needs to be proved by the evidence of witnesses is to be proved—
at trial, by their oral evidence given in public; and
at any other hearing, by their evidence in writing.
This is subject—
to any provision to the contrary contained in these Rules or elsewhere; or
to any order of the court.
The court may give directions—
identifying or limiting the issues to which factual evidence may be directed;
identifying the witnesses who may be called or whose evidence may be read; or
limiting the length or format of witness statements.
The court may allow a witness to give evidence through a video link or by other means.
A witness statement is a written statement signed by a person which contains the evidence which that person would be allowed to give orally.
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.
The court may give directions as to—
the order in which witness statements are to be served; and
whether or not the witness statements are to be filed.
(Part 33 contains provisions about hearsay evidence)
If— he must call the witness to give oral evidence unless the court orders otherwise or he puts the statement in as hearsay evidence.
a party has served a witness statement; and
he wishes to rely at trial on the evidence of the witness who made the statement,
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.
A witness giving oral evidence at trial may with the permission of the court—
amplify his witness statement; and
give evidence in relation to new matters which have arisen since the witness statement was served on the other parties.
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.
If a party who has served a witness statement does not— any other party may put the witness statement in as hearsay evidence.
call the witness to give evidence at trial; or
put the witness statement in as hearsay evidence,
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.
At hearings other than the trial, a party may ... rely on the matters set out in— if the statement of case or application notice is verified by a statement of truth.
his statement of case; or
his application notice,
(Rules 78.26 to 78.28 contain rules in relation to evidence arising out of mediation of certain cross-border disputes. Rule 78.27(1)(b) relates specifically to this rule.)
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.
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.
A witness statement must comply with the requirements set out in Practice Direction 32. (Part 22 requires a witness statement to be verified by a statement of truth)
A party who— may apply, without notice, for permission to serve a witness summary instead.
is required to serve a witness statement for use at trial; but
is unable to obtain one,
A witness summary is a summary of—
the evidence, if known, which would otherwise be included in a witness statement; or
if the evidence is not known, the matters about which the party serving the witness summary proposes to question the witness.
Unless the court orders otherwise, a witness summary must include the name and address of the intended witness.
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.
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.
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.
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).
Except as provided by this rule, a witness statement may be used only for the purpose of the proceedings in which it is served.
Paragraph (1) does not apply if and to the extent that—
the witness gives consent in writing to some other use of it;
the court gives permission for some other use; or
the witness statement has been put in evidence at a hearing held in public.
A witness statement which stands as evidence in chief(GL) is open to inspection during the course of the trial unless the court otherwise directs.
Any person may ask for a direction that a witness statement is not open to inspection.
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—
the interests of justice;
the public interest;
the nature of any expert medical evidence in the statement;
the nature of any confidential information (including information relating to personal financial matters) in the statement; or
the need to protect the interests of any child or protected party.
The court may exclude from inspection words or passages in the statement.
(Part 22 makes provision for a statement of truth) (Section 6 of Part 81 contains provisions in relation to committal for making a false statement of truth.).
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.
(Repealed)
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.
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.
An affidavit(GL) must comply with the requirements set out in Practice Direction 32.
A person may make an affidavit(GL) outside the jurisdiction in accordance with—
this Part; or
the law of the place where he makes the affidavit(GL).
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.
A notice to admit facts must be served no later than 21 days before the trial.
Where the other party makes any admission in response to the notice, the admission may be used against him only—
in the proceedings in which the notice to admit is served; and
by the party who served the notice.
The court may allow a party to amend or withdraw any admission made by him on such terms as it thinks just.
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.
A notice to prove a document must be served— whichever is later.
by the latest date for serving witness statements; or
within 7 days of disclosure of the document,
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.
In this Part—
“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
references to hearsay include hearsay of whatever degree.
Where a party intends to rely on hearsay evidence at trial and either— that party complies with section 2(1)(a) of the Civil Evidence Act 1995 by serving a witness statement on the other parties in accordance with the court’s order.
that evidence is to be given by a witness giving oral evidence; or
that evidence is contained in a witness statement of a person who is not being called to give oral evidence;
Where paragraph (1)(b) applies, the party intending to rely on the hearsay evidence must, when he serves the witness statement—
inform the other parties that the witness is not being called to give oral evidence; and
give the reason why the witness will not be called.
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—
identifies the hearsay evidence;
states that the party serving the notice proposes to rely on the hearsay evidence at trial; and
gives the reason why the witness will not be called.
The party proposing to rely on the hearsay evidence must—
serve the notice no later than the latest date for serving witness statements; and
if the hearsay evidence is to be in a document, supply a copy to any party who requests him to do so.
Section 2(1) of the Civil Evidence Act 1995 (duty to give notice of intention to rely on hearsay evidence) does not apply—
to evidence at hearings other than trials;
to an affidavit or witness statement which is to be used at trial but which does not contain hearsay evidence;
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
where the requirement is excluded by a practice direction.
Where a party— 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.
proposes to rely on hearsay evidence; and
does not propose to call the person who made the original statement to give oral evidence,
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.
Where a party— the party who so wishes must give notice of his intention to the party who proposes to give the hearsay statement in evidence.
proposes to rely on hearsay evidence; but
does not propose to call the person who made the original statement to give oral evidence; and
another party wishes to call evidence to attack the credibility of the person who made the statement,
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.
This rule applies to evidence (such as a plan, photograph or model) which is not—
contained in a witness statement, affidavit(GL) or expert’s report;
to be given orally at trial; or
evidence of which prior notice must be given under rule 33.2.
This rule includes documents which may be received in evidence without further proof under section 9 of the Civil Evidence Act 1995.
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.
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.
He must give notice at least 21 days before the hearing at which he proposes to put in the evidence, if—
there are not to be witness statements; or
he intends to put in the evidence solely in order to disprove an allegation made in a witness statement.
Where the evidence forms part of expert evidence, he must give notice when the expert’s report is served on the other party.
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.
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.
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.
He must give any other party notice of his intention.
He must give the notice—
if there are to be witness statements, not later than the latest date for serving them; or
otherwise, not less than 21 days before the hearing at which he proposes to put the finding in evidence.
The notice must—
specify the question on which the finding was made; and
enclose a copy of a document where it is reported or recorded.
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.
This rule applies where a claim is—
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
based on a finding by a court or tribunal that the claimant’s Convention rights have been infringed.
The court hearing the claim—
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
may reach its own conclusion in the light of that finding and of the evidence heard by that other court or tribunal.
This Section of this Part provides—
for the circumstances in which a person may be required to attend court to give evidence or produce a document; and
for a party to obtain evidence before a hearing to be used at the hearing.
In this Section, reference to a hearing includes a reference to the trial.
A witness summons is a document issued by the court requiring a witness to—
attend court to give evidence; or
produce documents to the court.
A witness summons must be in the relevant practice form.
There must be a separate witness summons for each witness.
A witness summons may require a witness to produce documents to the court either—
on the date fixed for a hearing; or
on such date as the court may direct.
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.
A witness summons is issued on the date entered on the summons by the court.
A party must obtain permission from the court where he wishes to—
have a summons issued less than 7 days before the date of the trial;
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
have a summons issued for a witness to attend court to give evidence or to produce documents at any hearing except the trial.
A witness summons must be issued by—
the court where the case is proceeding; or
the court where the hearing in question will be held.
The court may set aside(GL) or vary a witness summons issued under this rule.
The court may issue a witness summons in aid of an inferior court or of a tribunal.
The court which issued the witness summons under this rule may set it aside.
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.
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.
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.
A witness summons which is— is binding until the conclusion of the hearing at which the attendance of the witness is required.
served in accordance with this rule; and
requires the witness to attend court to give evidence,
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.
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.
At the time of service of a witness summons the witness must be offered or paid—
a sum reasonably sufficient to cover his expenses in travelling to and from the court; and
such sum by way of compensation for loss of time as may be specified in Practice Direction 34A.
(Rule 34.15 makes provision for the appointment of examiners of the court) (Part 32 contains the general rules about witness statements and witness summaries)
A party may apply for an order for a person to be examined before the hearing takes place.
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”.
An order under this rule shall be for a deponent to be examined on oath before—
a judge;
an examiner of the court; or
such other person as the court appoints.
The order may require the production of any document which the court considers is necessary for the purposes of the examination.
The order must state the date, time and place of the examination.
At the time of service of the order the deponent must be offered or paid—
a sum reasonably sufficient to cover his expenses in travelling to and from the place of examination; and
such sum by way of compensation for loss of time as may be specified in Practice Direction 34A.
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.
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.
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.
The examiner may conduct the examination in private if he considers it appropriate to do so.
The examiner must ensure that the evidence given by the witness is recorded in full.
The examiner must send a copy of the deposition—
to the person who obtained the order for the examination of the witness; and
to the court where the case is proceeding.
The party who obtained the order must send each of the other parties a copy of the deposition which he receives from the examiner.
If a person served with an order to attend before an examiner— a certificate of his failure or refusal, signed by the examiner, must be filed by the party requiring the deposition.
fails to attend; or
refuses to be sworn for the purpose of the examination or to answer any lawful question or produce any document at the examination,
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.
An application for an order under this rule may be made without notice.
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.
A deposition ordered under rule 34.8 may be given in evidence at a hearing unless the court orders otherwise.
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.
He must serve the notice at least 21 days before the day fixed for the hearing.
The court may require a deponent to attend the hearing and give evidence orally.
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).
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.
However, it may be used for some other purpose—
by the party who was examined;
if the party who was examined agrees; or
if the court gives permission.
This rule applies where a party wishes to take a deposition from a person who is—
out of the jurisdiction; and
not in a Regulation State within the meaning of Section III of this Part.
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.
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.
The High Court may make an order under this rule in relation to County Court proceedings.
If the government of a country ... 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.
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.
If the High Court makes an order for the issue of a letter of request, the party who sought the order must file—
the following documents and, except where paragraph (7) applies, a translation of them—
a draft letter of request;
a statement of the issues relevant to the proceedings;
a list of questions or the subject matter of questions to be put to the person to be examined; and
an undertaking to be responsible for the Secretary of State’s expenses.
There is no need to file a translation if—
English is one of the official languages of the country where the examination is to take place; or
a practice direction has specified that country as a country where no translation is necessary.
This rule applies where a party to existing or contemplated proceedings in— 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.
the High Court; or
a magistrates' court,
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.
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.
An examiner of the court may charge a fee for the examination.
He need not send the deposition to the court unless the fee is paid.
The examiner’s fees and expenses must be paid by the party who obtained the order for examination.
If the fees and expenses due to an examiner are not paid within a reasonable time, he may report that fact to the court.
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.
An order under this rule does not affect any decision as to the party who is ultimately to bear the costs of the examination.
The Lord Chancellor shall appoint persons to be examiners of the court.
The persons appointed shall be barristers or solicitor-advocates who have been practising for a period of not less than three years.
The Lord Chancellor may revoke an appointment at any time.
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 another Regulation State.
In this Section—
“the 1975 Act” means the Evidence (Proceedings in Other Jurisdictions) Act 1975; and
“Regulation State” has the same meaning as in Section III of this Part.
An application for an order under the 1975 Act for evidence to be obtained—
must be—
made to the High Court;
supported by written evidence; and
accompanied by the request as a result of which the application is made, and where appropriate, a translation of the request into English; and
may be made without notice.
The court may order an examination to be taken before—
any fit and proper person nominated by the person applying for the order;
an examiner of the court; or
any other person whom the court considers suitable.
Unless the court orders otherwise—
the examination will be taken as provided by rule 34.9; and
rule 34.10 applies.
The court may make an order under rule 34.14 for payment of the fees and expenses of the examination.
The examiner must send the deposition of the witness to the Senior Master unless the court orders otherwise.
The Senior Master will—
give a certificate sealed with the seal of the Senior Courts for use out of the jurisdiction identifying the following documents—
the request;
the order of the court for examination; and
the deposition of the witness; and
send the certificate and the documents referred to in paragraph (a) to— for transmission to the court or tribunal requesting the examination.
the Secretary of State; or
where the request was sent to the Senior Master by another person in accordance with a Civil Procedure Convention, to that other person,
This rule applies where—
a witness claims to be exempt from giving evidence on the ground specified in section 3(1)(b) of the 1975 Act; and
that claim is not supported or conceded as referred to in section 3(2) of that Act.
The examiner may require the witness to give the evidence which he claims to be exempt from giving.
Where the examiner does not require the witness to give that evidence, the court may order the witness to do so.
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.
Where such evidence is taken—
it must be contained in a document separate from the remainder of the deposition;
the examiner will send to the Senior Master—
the deposition; and
a signed statement setting out the claim to be exempt and the ground on which it was made.
On receipt of the statement referred to in paragraph (5)(b)(ii), the Senior Master will—
retain the document containing the part of the witness’s evidence to which the claim to be exempt relates; and
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.
The Senior Master will—
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;
if the claim is upheld, send the document to the witness; and
in either case, notify the witness and person who obtained the order under section 2 of the foreign court or tribunal’s decision.
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—
attend the examination and examine the witnesses; or
request the court or the examiner before whom the examination takes place to put specified questions to them.
In this Section—
“designated court” has the meaning given in Practice Direction 34A;
“Regulation State” has the same meaning as “Member State” in the Taking of Evidence Regulation, that is all Member States except Denmark;
“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.
Subject to rule 34.13A, this rule applies where a party wishes to take a deposition from a person who is in another Regulation State.
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.
If the court makes an order for the issue of a request, the party who sought the order must file—
a draft Form A as set out in the annex to the Taking of Evidence Regulation (request for the taking of evidence);
except where paragraph (4) applies, a translation of the form;
an undertaking to be responsible for costs sought by the requested court in relation to—
fees paid to experts and interpreters; and
where requested by that party, the use of special procedures or communications technology; and
an undertaking to be responsible for the court’s expenses.
There is no need to file a translation if—
English is one of the official languages of the Regulation State where the examination is to take place; or
the Regulation State has indicated, in accordance with the Taking of Evidence Regulation, that English is a language which it will accept.
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.
If the court makes an order for the submission of a request under paragraph (5), the party who sought the order must file—
a draft Form I as set out in the annex to the Taking of Evidence Regulation (request for direct taking of evidence);
except where paragraph (4) applies, a translation of the form; and
an undertaking to be responsible for the court’s expenses.
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.
An application for an order for evidence to be taken—
must be made to a designated court;
must be accompanied by—
the form of request for the taking of evidence as a result of which the application is made; and
where appropriate, a translation of the form of request; and
may be made without notice.
Rule 34.18(1) and (2) apply.
The examiner must send—
the deposition to the court for transmission to the requesting court; and
a copy of the deposition to the person who obtained the order for evidence to be taken.
Expert evidence shall be restricted to that which is reasonably required to resolve the proceedings.
A reference to an ‘expert’ in this Part is a reference to a person who has been instructed to give or prepare expert evidence for the purpose of proceedings.
‘Single joint expert’ means an expert instructed to prepare a report for the court on behalf of two or more of the parties (including the claimant) to the proceedings.
It is the duty of experts to help the court on matters within their expertise.
This duty overrides any obligation to the person from whom experts have received instructions or by whom they are paid.
No party may call an expert or put in evidence an expert’s report without the court’s permission.
When parties apply for permission they must provide an estimate of the costs of the proposed expert evidence and identify—
the field in which expert evidence is required and the issues which the expert evidence will address; and
where practicable, the name of the proposed expert.
If permission is granted ... it shall be in relation only to the expert named or the field identified under paragraph (2). The order granting permission may specify the issues which the expert evidence should address.
Where a claim has been allocated to the small claims track or the fast track, if permission is given for expert evidence, it will normally be given for evidence from only one expert on a particular issue. (Paragraph 7 of Practice Direction 35 sets out some of the circumstances the court will consider when deciding whether expert evidence should be given by a single joint expert.)
In a soft tissue injury claim, permission—
may normally only be given for one expert medical report;
may not be given initially unless the medical report is a fixed cost medical report. Where the claimant seeks permission to obtain a further medical report, if the report is from a medical expert in any of the following disciplines— the report must be a fixed cost medical report.
Consultant Orthopaedic Surgeon;
Consultant in Accident and Emergency Medicine;
General Practitioner registered with the General Medical Council; or
Physiotherapist registered with the Health and Care Professions Council,
In this rule, ‘fixed cost medical report’ and ‘soft tissue injury claim’ have the same meaning as in paragraph 1.1(10A) and (16A), respectively, of the RTA Protocol.
The court may limit the amount of a party’s expert’s fees and expenses that may be recovered from any other party.
Expert evidence is to be given in a written report unless the court directs otherwise.
If a claim is on the small claims track or 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.
A party may put written questions about an expert’s report (which must be proportionate) to—
an expert instructed by another party; or
a single joint expert appointed under rule 35.7.
Written questions under paragraph (1)— unless in any case,
may be put once only;
must be put within 28 days of service of the expert’s report; and
must be for the purpose only of clarification of the report,
the court gives permission; or
the other party agrees.
An expert’s answers to questions put in accordance with paragraph (1) shall be treated as part of the expert’s report.
Where— the court may make one or both of the following orders in relation to the party who instructed the expert—
a party has put a written question to an expert instructed by another party ...; and
the expert does not answer that question,
that the party may not rely on the evidence of that expert; or
that the party may not recover the fees and expenses of that expert from any other party.
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 be given by a single joint expert.
Where the parties who wish to submit the evidence (“the relevant parties”) cannot agree who should be the single joint expert, the court may—
select the expert from a list prepared or identified by the relevant parties; or
direct that the expert be selected in such other manner as the court may direct.
Where the court gives a direction under rule 35.7 for a single joint expert to be used, any relevant party may give instructions to the expert.
When a party gives instructions to the expert that party must, at the same time, send a copy to the other relevant parties.
The court may give directions about—
the payment of the expert’s fees and expenses; and
any inspection, examination or experiments which the expert wishes to carry out.
The court may, before an expert is instructed—
limit the amount that can be paid by way of fees and expenses to the expert; and
direct that some or all of the relevant parties pay that amount into court.
Unless the court otherwise directs, the relevant parties are jointly and severally liable(GL) for the payment of the expert’s fees and expenses.
Where a party has access to information which is not reasonably available to another party, the court may direct the party who has access to the information to—
prepare and file a document recording the information; and
serve a copy of that document on the other party.
An expert’s report must comply with the requirements set out in Practice Direction 35.
At the end of an expert’s report there must be a statement that the expert understands and has complied with their duty to the court.
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.
The instructions referred to in paragraph (3) shall not be privileged(GL) against disclosure but the court will not, in relation to those instructions— unless it is satisfied that there are reasonable grounds to consider the statement of instructions given under paragraph (3) to be inaccurate or incomplete.
order disclosure of any specific document; or
permit any questioning in court, other than by the party who instructed the expert,
Where a party has disclosed an expert’s report, any party may use that expert’s report as evidence at the trial.
The court may, at any stage, direct a discussion between experts for the purpose of requiring the experts to—
identify and discuss the expert issues in the proceedings; and
where possible, reach an agreed opinion on those issues.
The court may specify the issues which the experts must discuss.
The court may direct that following a discussion between the experts they must prepare a statement for the court setting out those issues on which—
they agree; and
they disagree, with a summary of their reasons for disagreeing.
The content of the discussion between the experts shall not be referred to at the trial unless the parties agree.
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.
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.
Experts may file written requests for directions for the purpose of assisting them in carrying out their functions.
Experts must, unless the court orders otherwise, provide copies of the proposed requests for directions under paragraph (1)—
to the party instructing them, at least 7 days before they file the requests; and
to all other parties, at least 4 days before they file them.
The court, when it gives directions, may also direct that a party be served with a copy of the directions.
(Repealed)
(Repealed)
This rule applies where the court appoints one or more persons under section 70 of the Senior Courts Act 1981 or section 63 of the County Courts Act 1984 as an assessor.
An assessor will assist the court in dealing with a matter in which the assessor has skill and experience.
An assessor will take such part in the proceedings as the court may direct and in particular the court may direct an assessor to—
prepare a report for the court on any matter at issue in the proceedings; and
attend the whole or any part of the trial to advise the court on any such matter.
If an assessor prepares a report for the court before the trial has begun—
the court will send a copy to each of the parties; and
the parties may use it at trial.
The remuneration to be paid to an assessor is to be determined by the court and will form part of the costs of the proceedings.
The court may order any party to deposit in the court office a specified sum in respect of an assessor’s fees and, where it does so, the assessor will not be asked to act until the sum has been deposited.
Paragraphs (5) and (6) do not apply where the remuneration of the assessor is to be paid out of money provided by Parliament.
This Part contains a self-contained procedural code about offers to settle made pursuant to the procedure set out in this Part (“Part 36 offers”).
Section I of this Part contains general rules about Part 36 offers.
Section II of this Part contains rules about offers to settle where the parties have followed the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (“the RTA Protocol”) or the Pre-Action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims (“the EL/PL Protocol”) and have started proceedings under Part 8 in accordance with Practice Direction 8B.
This Section does not apply to an offer to settle to which Section II of this Part applies.
Nothing in this Section prevents a party making an offer to settle in whatever way that party chooses, but if the offer is not made in accordance with rule 36.5, it will not have the consequences specified in this Section. (Rule 44.2 requires the court to consider an offer to settle that does not have the costs consequences set out in this Section in deciding what order to make about costs.)
A Part 36 offer may be made in respect of the whole, or part of, or any issue that arises in— (Rules 20.2 and 20.3 provide that counterclaims and other additional claims are treated as claims and that references to a claimant or a defendant include a party bringing or defending an additional claim.)
a claim, counterclaim or other additional claim; or
an appeal or cross-appeal from a decision made at a trial.
In this Section—
the party who makes an offer is the “offeror”;
the party to whom an offer is made is the “offeree”;
a “trial” means any trial in a case whether it is a trial of all issues or a trial of liability, quantum or some other issue in the case;
a trial is “in progress” from the time when it starts until the time when judgment is given or handed down;
a case is “decided” when all issues in the case have been determined, whether at one or more trials;
“trial judge” includes the judge (if any) allocated in advance to conduct a trial; and
“the relevant period” means—
in the case of an offer made not less than 21 days before a trial, the period specified under rule 36.5(1)(c) or such longer period as the parties agree;
otherwise, the period up to the end of such trial.
Except where a Part 36 offer is made in appeal proceedings, it shall have the consequences set out in this Section 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 a decision in those proceedings.
Where a Part 36 offer is made in appeal proceedings, references in this Section to a term in the first column below shall be treated, unless the context requires otherwise, as references to the corresponding term in the second column—
A Part 36 offer must— (Rule 36.7 makes provision for when a Part 36 offer is made.)
be in writing;
make clear that it is made pursuant to Part 36;
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 36.13 or 36.20 if the offer is accepted;
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
state whether it takes into account any counterclaim.
Paragraph (1)(c) does not apply if the offer is made less than 21 days before the start of a trial.
In appropriate cases, a Part 36 offer must contain such further information as is required by rule 36.18 (personal injury claims for future pecuniary loss), rule 36.19 (offer to settle a claim for provisional damages), and rule 36.22 (deduction of benefits).
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—
the date on which the period specified under rule 36.5(1)(c) expires; or
if rule 36.5(2) applies, a date 21 days after the date the offer was made.
Subject to rules 36.18(3) and 36.19(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.
A defendant’s offer that includes an offer to pay all or part of the sum 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.
A Part 36 offer may be made at any time, including before the commencement of proceedings.
A Part 36 offer is made when it is served on the offeree. (Part 6 provides detailed rules about service of documents.)
The offeree may, within 7 days of a Part 36 offer being made, request the offeror to clarify the offer.
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 the offeror do so. (Part 23 contains provisions about making an application to the court.)
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.
A Part 36 offer can only be withdrawn, or its terms changed, if the offeree has not previously served notice of acceptance.
The offeror withdraws the offer or changes its terms by serving written notice of the withdrawal or change of terms on the offeree. (Rule 36.17(7) deals with the costs consequences following judgment of an offer which is withdrawn.)
Subject to rule 36.10, such notice of withdrawal or change of terms takes effect when it is served on the offeree. (Rule 36.10 makes provision about when permission is required to withdraw or change the terms of an offer before the expiry of the relevant period.)
Subject to paragraph (1), after expiry of the relevant period—
the offeror may withdraw the offer or change its terms without the permission of the court; or
the offer may be automatically withdrawn in accordance with its terms.
Where the offeror changes the terms of a Part 36 offer to make it more advantageous to the offeree—
such improved offer shall be treated, not as the withdrawal of the original offer; but as the making of a new Part 36 offer on the improved terms; and
subject to rule 36.5(2), the period specified under rule 36.5(1)(c) shall be 21 days or such longer period (if any) identified in the written notice referred to in paragraph (2).
Subject to rule 36.9(1), this rule applies where the offeror serves notice before expiry of the relevant period of withdrawal of the offer or change of its terms to be less advantageous to the offeree.
Where this rule applies—
if the offeree has not served notice of acceptance of the original offer by the expiry of the relevant period, the offeror’s notice has effect on the expiry of that period; and
if the offeree serves notice of acceptance of the original offer before the expiry of the relevant period, that acceptance has effect unless the offeror applies to the court for permission to withdraw the offer or to change its terms—
within 7 days of the offeree’s notice of acceptance; or
if earlier, before the first day of trial.
On an application under paragraph (2)(b), the court may give permission for the original offer to be withdrawn or its terms changed if satisfied that there has been a change of circumstances since the making of the original offer and that it is in the interests of justice to give permission.
A Part 36 offer is accepted by serving written notice of acceptance on the offeror.
Subject to paragraphs (3) and (4) and to rule 36.12, a Part 36 offer may be accepted at any time (whether or not the offeree has subsequently made a different offer), unless it has already been withdrawn. (Rule 21.10 deals with compromise, etc. by or on behalf of a child or protected party.) (Rules 36.9 and 36.10 deal with withdrawal of Part 36 offers.)
The court’s permission is required to accept a Part 36 offer where— (Rule 36.15 deals with offers by some but not all of multiple defendants.) (Rule 36.22 defines “deductible amounts”.) (Rule 41.3A requires an apportionment in proceedings under the Fatal Accidents Act 1976 and Law Reform (Miscellaneous Provisions) Act 1934.)
rule 36.15(4) applies;
rule 36.22(3)(b) applies, the relevant period has expired and further deductible amounts have been paid to the claimant since the date of the offer;
an apportionment is required under rule 41.3A; or
a trial is in progress.
Where the court gives permission under paragraph (3), unless all the parties have agreed costs, the court must make an order dealing with costs, and may order that the costs consequences set out in rule 36.13 apply.
This rule applies in any case where there has been a trial but the case has not been decided within the meaning of rule 36.3.
Any Part 36 offer which relates only to parts of the claim or issues that have already been decided can no longer be accepted.
Subject to paragraph (2) and unless the parties agree, any other Part 36 offer cannot be accepted earlier than 7 clear days after judgment is given or handed down in such trial.
Subject to paragraphs (2) and (4) and to rule 36.20, where a Part 36 offer is accepted within the relevant period the claimant will be entitled to the costs of the proceedings (including their recoverable pre-action costs) up to the date on which notice of acceptance was served on the offeror. (Rule 36.20 makes provision for the costs consequences of accepting a Part 36 offer in certain personal injury claims where the claim no longer proceeds under the RTA or EL/PL Protocol.)
Where— the claimant will only be entitled to the costs of such part of the claim unless the court orders otherwise.
a defendant’s Part 36 offer relates to part only of the claim; and
at the time of serving notice of acceptance within the relevant period the claimant abandons the balance of the claim,
Except where the recoverable costs are fixed by these Rules, costs under paragraphs (1) and (2) are to be assessed on the standard basis if the amount of costs is not agreed. (Rule 44.3(2) explains the standard basis for the assessment of costs.) (Rule 44.9 contains provisions about when a costs order is deemed to have been made and applying for an order under section 194(3) of the Legal Services Act 2007.) (Part 45 provides for fixed costs in certain classes of case.)
Where— the liability for costs must be determined by the court unless the parties have agreed the costs.
a Part 36 offer which was made less than 21 days before the start of a trial is accepted; or
a Part 36 offer which relates to the whole of the claim is accepted after expiry of the relevant period; or
subject to paragraph (2), a Part 36 offer which does not relate to the whole of the claim is accepted at any time,
Where paragraph (4)(b) applies but the parties cannot agree the liability for costs, the court must, unless it considers it unjust to do so, order that—
the claimant be awarded costs up to the date on which the relevant period expired; and
the offeree do pay the offeror’s costs for the period from the date of expiry of the relevant period to the date of acceptance.
In considering whether it would be unjust to make the orders specified in paragraph (5), the court must take into account all the circumstances of the case including the matters listed in rule 36.17(5).
The claimant’s costs include any costs incurred in dealing with the defendant’s counterclaim if the Part 36 offer states that it takes it into account.
If a Part 36 offer is accepted, the claim will be stayed.
In the case of acceptance of a Part 36 offer which relates to the whole claim, the stay will be upon the terms of the offer.
If a Part 36 offer which relates to part only of the claim is accepted, the claim will be stayed as to that part upon the terms of the offer.
If the approval of the court is required before a settlement can be binding, any stay which would otherwise arise on the acceptance of a Part 36 offer will take effect only when that approval has been given.
Any stay arising under this rule will not affect the power of the court—
to enforce the terms of a Part 36 offer; or
to deal with any question of costs (including interest on costs) relating to the proceedings.
Unless the parties agree otherwise in writing, where a Part 36 offer that is or includes an offer to pay or accept a single sum of money is accepted, that sum must be paid to the claimant within 14 days of the date of—
acceptance; or
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.
If such sum is not paid within 14 days of acceptance of the offer, or such other period as has been agreed, the claimant may enter judgment for the unpaid sum.
Where— that party may apply to enforce the terms of the offer without the need for a new claim.
a Part 36 offer (or part of a Part 36 offer) which is not an offer to which paragraph (6) applies is accepted; and
a party alleges that the other party has not honoured the terms of the offer,
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.
If the defendants are sued jointly or in the alternative, the claimant may accept the offer if—
the claimant discontinues the claim against those defendants who have not made the offer; and
those defendants give written consent to the acceptance of the offer.
If the claimant alleges that the defendants have a several liability(GL) to the claimant, the claimant may—
accept the offer; and
continue with the claims against the other defendants if entitled to do so.
In all other cases the claimant must apply to the court for permission to accept the Part 36 offer.
A Part 36 offer will be treated as “without prejudice except as to costs”.
The fact that a Part 36 offer has been made and the terms of such offer must not be communicated to the trial judge until the case has been decided.
Paragraph (2) does not apply—
where the defence of tender before claim has been raised;
where the proceedings have been stayed under rule 36.14 following acceptance of a Part 36 offer;
where the offeror and the offeree agree in writing that it should not apply; or
where, although the case has not been decided—
any part of, or issue in, the case has been decided; and
the Part 36 offer relates only to parts or issues that have been decided.
In a case to which paragraph (3)(d)(i) applies, the trial judge—
may be told whether or not there are Part 36 offers other than those referred to in paragraph (3)(d)(ii); but
must not be told the terms of any such other offers unless any of paragraphs (3)(a) to (c) applies.
(Rule 44.2 requires the court to consider an offer to settle that does not have the costs consequences set out in this Section in deciding what order to make about costs.)
Subject to rule 36.21, this rule applies where upon judgment being entered— (Rule 36.21 makes provision for the costs consequences following judgment in certain personal injury claims where the claim no longer proceeds under the RTA or EL/PL Protocol.)
a claimant fails to obtain a judgment more advantageous than a defendant’s Part 36 offer; or
judgment against the defendant is at least as advantageous to the claimant as the proposals contained in a claimant’s Part 36 offer.
For the purposes of paragraph (1), in relation to any money claim or money element of a claim, “more advantageous” means better in money terms by any amount, however small, and “at least as advantageous” shall be construed accordingly.
Subject to paragraphs (7) and (8), where paragraph (1)(a) applies, the court must, unless it considers it unjust to do so, order that the defendant is entitled to—
costs (including any recoverable pre-action costs) from the date on which the relevant period expired; and
interest on those costs.
Subject to paragraph (7), where paragraph (1)(b) applies, the court must, unless it considers it unjust to do so, order that the claimant is entitled to—
interest on the whole or part of any sum of money (excluding interest) awarded, at a rate not exceeding 10% above base rate for some or all of the period starting with the date on which the relevant period expired;
costs (including any recoverable pre-action costs) on the indemnity basis from the date on which the relevant period expired;
interest on those costs at a rate not exceeding 10% above base rate; and
provided that the case has been decided and there has not been a previous order under this sub-paragraph, an additional amount, which shall not exceed £75,000, calculated by applying the prescribed percentage set out below to an amount which is—
the sum awarded to the claimant by the court; or
where there is no monetary award, the sum awarded to the claimant by the court in respect of costs—
In considering whether it would be unjust to make the orders referred to in paragraphs (3) and (4), the court must take into account all the circumstances of the case including—
the terms of any Part 36 offer;
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;
the information available to the parties at the time when the Part 36 offer was made;
the conduct of the parties with regard to the giving of or refusal to give information for the purposes of enabling the offer to be made or evaluated; and
whether the offer was a genuine attempt to settle the proceedings.
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 must not exceed 10% above base rate.
Paragraphs (3) and (4) do not apply to a Part 36 offer—
which has been withdrawn;
which has been changed so that its terms are less advantageous to the offeree where the offeree has beaten the less advantageous offer;
made less than 21 days before trial, unless the court has abridged the relevant period.
Paragraph (3) does not apply to a soft tissue injury claim to which rule 36.21 applies.
This rule applies to a claim for damages for personal injury which is or includes a claim for future pecuniary loss.
An offer to settle such a claim will not have the consequences set out in this Section unless it is made by way of a Part 36 offer under this rule.
A Part 36 offer to which this rule applies may contain an offer to pay, or an offer to accept—
the whole or part of the damages for future pecuniary loss in the form of—
a lump sum;
periodical payments; or
both a lump sum and periodical payments;
the whole or part of any other damages in the form of a lump sum.
A Part 36 offer to which this rule applies—
must state the amount of any offer to pay or to accept the whole or part of any damages in the form of a lump sum;
may state—
what part of the lump sum, if any, relates to damages for future pecuniary loss; and
what part relates to other damages to be paid or accepted in the form of a lump sum;
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—
the amount and duration of the periodical payments;
the amount of any payments for substantial capital purchases and when they are to be made; and
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
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 payments 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.
Rule 36.6 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.
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.
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. (Practice Direction 41B contains information about periodical payments under the Damages Act 1996.)
An offeror may make a Part 36 offer in respect of a claim which includes a claim for provisional damages.
Where the offeror 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.
Where the offeror is offering to agree to the making of an award of provisional damages, the Part 36 offer must also state—
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;
that the offer is subject to the condition that the claimant must make any claim for further damages within a limited period; and
what that period is.
Rule 36.6 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.
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 award of provisional damages under rule 41.2.
This rule applies where—
a claim no longer continues under the RTA or EL/PL Protocol pursuant to rule 45.29A(1); or
the claim is one to which the Pre-Action Protocol for Resolution of Package Travel Claims applies.
Where a Part 36 offer is accepted within the relevant period, the claimant is entitled to the fixed costs in Table 6B, Table 6C or Table 6D in Section IIIA of Part 45 for the stage applicable at the date on which notice of acceptance was served on the offeror.
Where— the claimant will be entitled to the fixed costs in paragraph (2).
a defendant’s Part 36 offer relates to part only of the claim; and
at the time of serving notice of acceptance within the relevant period the claimant abandons the balance of the claim,
Subject to paragraphs (5), (6) and (7), where a defendant’s Part 36 offer is accepted after the relevant period—
the claimant will be entitled to the fixed costs in Table 6B, Table 6C or Table 6D in Section IIIA of Part 45 for the stage applicable at the date on which the relevant period expired; and
the claimant will be liable for the defendant’s costs for the period from the date of expiry of the relevant period to the date of acceptance.
Subject to paragraphs (6) and (7), where the claimant accepts the defendant’s Protocol offer after the date on which the claim leaves the Protocol—
the claimant will be entitled to the applicable Stage 1 and Stage 2 fixed costs in Table 6 or Table 6A in Section III of Part 45; and
the claimant will be liable for the defendant’s costs from the date on which the Protocol offer is deemed to have been made to the date of acceptance.
In a soft tissue injury claim, if the defendant makes a Part 36 offer before the defendant receives a fixed cost medical report, paragraphs (4) and (5) will only have effect if the claimant accepts the offer more than 21 days after the defendant received the report.
In this rule, “fixed cost medical report” and “soft tissue injury claim” have the same meaning as in paragraph 1.1(10A) and (16A) respectively of the RTA Protocol.
For the purposes of this rule a defendant’s Protocol offer is either—
defined in accordance with rules 36.25 and 36.26; or
if the claim leaves the Protocol before the Court Proceedings Pack Form is sent to the defendant—
the last offer made by the defendant before the claim leaves the Protocol; and
deemed to be made on the first business day after the claim leaves the Protocol.
A reference to—
the “Court Proceedings Pack Form” is a reference to the form used in the Protocol; and
“business day” is a reference to a business day as defined in rule 6.2.
Fixed costs shall be calculated by reference to the amount of the offer which is accepted.
Where the parties do not agree the liability for costs, the court must make an order as to costs.
Where the court makes an order for costs in favour of the defendant— the fixed costs in Table 6B, Table 6C or Table 6D in Section IIIA of Part 45 applicable at the date of acceptance, less the fixed costs to which the claimant is entitled under paragraph (4) or (5).
the court must have regard to; and
the amount of costs ordered must not exceed,
The parties are entitled to disbursements allowed in accordance with rule 45.29I incurred in any period for which costs are payable to them.
Where— rule 36.17 applies with the following modifications.
a claim no longer continues under the RTA or EL/PL protocol pursuant to rule 45.29A(1); or
the claim is one to which the Pre-Action Protocol for Resolution of Package Travel Claims applies,
Subject to paragraphs (3), (4) and (5), where an order for costs is made pursuant to rule 36.17(3)—
the claimant will be entitled to the fixed costs in Table 6B, 6C or 6D in Section IIIA of Part 45 for the stage applicable at the date on which the relevant period expired; and
the claimant will be liable for the defendant’s costs from the date on which the relevant period expired to the date of judgment.
Subject to paragraphs (4) and (5), where in a claim to which paragraph (1)(a) applies, the claimant fails to obtain a judgment more advantageous than the defendant’s Protocol offer— (“Deductible amount” is defined in rule 36.22(1)(d).)
the claimant will be entitled to the applicable Stage 1 and Stage 2 fixed costs in Table 6 or 6A in Section III of Part 45; and
the claimant will be liable for the defendant’s costs from the date on which the Protocol offer is deemed to be made to the date of judgment; and
in this rule, the amount of the judgment is less than the Protocol offer where the judgment is less than the offer once deductible amounts identified in the judgment are deducted.
In a soft tissue injury claim, if the defendant makes a Part 36 offer or Protocol offer before the defendant receives a fixed cost medical report, paragraphs (2) and (3) will only have effect in respect of costs incurred by either party more than 21 days after the defendant received the report.
In this rule “fixed cost medical report” and “soft tissue injury claim” have the same meaning as in paragraph 1.1(10A) and (16A) respectively of the RTA Protocol.
For the purposes of this rule a defendant’s Protocol offer is either—
defined in accordance with rules 36.25 and 36.26; or
if the claim leaves the Protocol before the Court Proceedings Pack Form is sent to the defendant—
the last offer made by the defendant before the claim leaves the Protocol; and
deemed to be made on the first business day after the claim leaves the Protocol.
A reference to—
the “Court Proceedings Pack Form” is a reference to the form used in the Protocol; and
“business day” is a reference to a business day as defined in rule 6.2.
Fixed costs must be calculated by reference to the amount which is awarded.
Where the court makes an order for costs in favour of the defendant— the fixed costs in Table 6B, 6C or 6D in Section IIIA of Part 45 applicable at the date of judgment, less the fixed costs to which the claimant is entitled under paragraph (2) or (3).
the court must have regard to; and
the amount of costs ordered shall not exceed,
The parties are entitled to disbursements allowed in accordance with rule 45.29I incurred in any period for which costs are payable to them.
In this rule and rule 36.11—
“the 1997 Act” means the Social Security (Recovery of Benefits) Act 1997;
“the 2008 Regulations” means the Social Security (Recovery of Benefits)(Lump Sum Payments) Regulations 2008;
“recoverable amount” means—
“recoverable benefits” as defined in section 1(4)(c) of the 1997 Act; and
“recoverable lump sum payments” as defined in regulation 1 of the 2008 Regulations;
“deductible amount” means—
any benefits by the amount of which damages are to be reduced in accordance with section 8 of, and Schedule 2 to the 1997 Act (“deductible benefits”); and
any lump sum payment by the amount of which damages are to be reduced in accordance with regulation 12 of the 2008 Regulations (“deductible lump sum payments”); and
“certificate”—
in relation to recoverable benefits, is construed in accordance with the provisions of the 1997 Act; and
in relation to recoverable lump sum payments, has the meaning given in section 29 of the 1997 Act, as applied by regulation 2 of, and modified by Schedule 1 to, the 2008 Regulations.
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(4)(b) or 1A(5)(b) of the 1997 Act.
A defendant who makes a Part 36 offer must, where relevant, state either—
that the offer is made without regard to any liability for recoverable amounts; or
that it is intended to include any deductible amounts.
Where paragraph (3)(b) applies, paragraphs (5) to (9) will apply to the Part 36 offer.
Before making the Part 36 offer, the offeror must apply for a certificate.
Subject to paragraph (7), the Part 36 offer must state—
the gross amount of compensation;
the name and amount of any deductible amounts by which the gross amount is reduced; and
the net amount of compensation.
If at the time the offeror makes the Part 36 offer, the offeror has applied for, but has not received, a certificate, the offeror must clarify the offer by stating the matters referred to in paragraph (6)(b) and (c) not more than 7 days after receipt of the certificate.
For the purposes of rule 36.17(1)(a), a claimant fails to recover more than any sum offered (including a lump sum offered under rule 36.6) if the claimant fails upon judgment being entered to recover a sum, once deductible amounts identified in the judgment have been deducted, greater than the net amount stated under paragraph (6)(c). (Section 15(2) of the 1997 Act provides that the court must specify the compensation payment attributable to each head of damage. Schedule 1 to the 2008 Regulations modifies section 15 of the 1997 Act in relation to lump sum payments and provides that the court must specify the compensation payment attributable to each or any dependant who has received a lump sum payment.)
Where— the court may direct that the amount of the offer payable to the offeree shall be reduced by a sum equivalent to the deductible amounts paid to the claimant since the date of the offer. (Rule 36.11(3)(b) states that permission is required to accept an offer where the relevant period has expired and further deductible amounts have been paid to the claimant.)
further deductible amounts have accrued since the Part 36 offer was made; and
the court gives permission to accept the Part 36 offer,
This rule applies in any case where the offeror is treated as having filed a costs budget limited to applicable court fees, or is otherwise limited in their recovery of costs to such fees. (Rule 3.14 provides that a litigant may be treated as having filed a budget limited to court fees for failure to file a budget.)
“Costs” in rules 36.13(5)(b), 36.17(3)(a) and 36.17(4)(b) shall mean—
in respect of those costs subject to any such limitation, 50% of the costs assessed without reference to the limitation; together with
any other recoverable costs.
Where this Section applies, Section I does not apply.
This Section applies to an offer to settle where the parties have followed the RTA Protocol or the EL/PL Protocol and started proceedings under Part 8 in accordance with Practice Direction 8B (“the Stage 3 Procedure”).
A reference to the Court Proceedings Pack Form is a reference to the form used in the relevant Protocol.
Nothing in this Section prevents a party making an offer to settle in whatever way that party chooses, but if the offer is not made in accordance with this Section, it will not have any costs consequences.
An offer to settle which is made in accordance with this rule is called a Protocol offer.
A Protocol offer must—
be set out in the Court Proceedings Pack (Part B) Form; and
contain the final total amount of the offers from both parties.
The Protocol offer is deemed to be made on the first business day after the Court Proceedings Pack (Part A and Part B) Form is sent to the defendant.
In this Section “business day” has the same meaning as in rule 6.2.
A Protocol offer—
is treated as exclusive of all interest; and
has the consequences set out in this Section only in relation to the fixed costs of the Stage 3 Procedure as provided for in rule 45.18, and not in relation to the costs of any appeal from the final decision of those proceedings.
The amount of the Protocol offer must not be communicated to the court until the claim is determined.
Any other offer to settle must not be communicated to the court at all.
This rule applies where, on any determination by the court, the claimant obtains judgment against the defendant for an amount of damages that is—
less than or equal to the amount of the defendant’s Protocol offer;
more than the defendant’s Protocol offer but less than the claimant’s Protocol offer; or
equal to or more than the claimant’s Protocol offer.
Where paragraph (1)(a) applies, the court must order the claimant to pay—
the fixed costs in rule 45.26; and
interest on those fixed costs from the first business day after the deemed date of the Protocol offer under rule 36.26.
Where paragraph (1)(b) applies, the court must order the defendant to pay the fixed costs in rule 45.20.
Where paragraph (1)(c) applies, the court must order the defendant to pay—
interest on the whole of the damages awarded at a rate not exceeding 10% above base rate for some or all of the period starting with the date specified in rule 36.26;
the fixed costs in rule 45.20;
interest on those fixed costs at a rate not exceeding 10% above base rate; and
an additional amount calculated in accordance with rule 36.17(4)(d).
For the purposes of rule 36.29(1)(a) the amount of the judgment is less than the Protocol offer where the judgment is less than that offer once deductible amounts identified in the judgment are deducted. (“Deductible amount” is defined in rule 36.22(1)(d).)
A party who makes a payment into court under a court order must—
serve notice of the payment on every other party; and
in relation to each such notice, file a certificate of service.
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.
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.
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— (Rule 36.11 sets out when the court’s permission is required to accept a Part 36 offer)
a Part 36 offer is accepted without needing the permission of the court; and
the defendant agrees that a sum paid into court by him should be used to satisfy the offer (in whole or in part).
A practice direction may set out special provisions with regard to payments into court under various enactments.
(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)
The rules in this Part set out the procedure by which a claimant may discontinue all or part of a claim.
A claimant who— is not treated as discontinuing all or part of a claim for the purposes of this Part.
claims more than one remedy; and
subsequently abandons his claim to one or more of the remedies but continues with his claim for the other remedies,
A claimant may discontinue all or part of a claim at any time.
However—
a claimant must obtain the permission of the court if he wishes to discontinue all or part of a claim in relation to which—
the court has granted an interim injunction(GL); or
any party has given an undertaking to the court;
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—
the defendant who made the interim payment consents in writing; or
the court gives permission;
where there is more than one claimant, a claimant may not discontinue unless—
every other claimant consents in writing; or
the court gives permission.
Where there is more than one defendant, the claimant may discontinue all or part of a claim against all or any of the defendants.
To discontinue a claim or part of a claim, a claimant must—
file a notice of discontinuance; and
serve a copy of it on every other party to the proceedings.
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.
Where the claimant needs the consent of some other party, a copy of the necessary consent must be attached to the notice of discontinuance.
Where there is more than one defendant, the notice of discontinuance must specify against which defendants the claim is discontinued.
Where the claimant discontinues under rule 38.2(1) the defendant may apply to have the notice of discontinuance set aside(GL).
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.
Discontinuance against any defendant takes effect on the date when notice of discontinuance is served on him under rule 38.3(1).
Subject to rule 38.4, the proceedings are brought to an end as against him on that date.
However, this does not affect proceedings to deal with any question of costs.
(Rule 44.9 provides for the basis of assessment where the right to costs arises on discontinuance and contains provisions about when a costs order is deemed to have been made and applying for an order under section 194(3) of the Legal Services Act 2007)
Unless the court orders otherwise, a claimant who discontinues is liable for the costs which a defendant against whom the claimant discontinues incurred on or before the date on which notice of discontinuance was served on the defendant.
If proceedings are only partly discontinued—
the claimant is liable under paragraph (1) for costs relating only to the part of the proceedings which he is discontinuing; and
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.
This rule does not apply to claims allocated to the small claims track.
A claimant who discontinues a claim needs the permission of the court to make another claim against the same defendant if—
he discontinued the claim after the defendant filed a defence; and
the other claim arises out of facts which are the same or substantially the same as those relating to the discontinued claim.
This rule applies where—
proceedings are partly discontinued;
a claimant is liable to—
pay costs under rule 38.6; or
make a payment pursuant to an order under section 194(3) of the Legal Services Act 2007; and
the claimant fails to pay those costs or make the payment within 14 days of—
the date on which the parties agreed the sum payable by the claimant; or
the date on which the court ordered the costs to be paid or the payment to be made.
Where this rule applies, the court may stay(GL) the remainder of the proceedings until the claimant pays the whole of the costs which the claimant is liable to pay under rule 38.6 or makes the payment pursuant to an order under section 194(3) of the Legal Services Act 2007 (Rules 44.9 and 46.7 contain provisions about applying for an order under section 194(3) of the Legal Services Act 2007.)
In this Part, reference to a hearing includes a reference to the trial.
The general rule is that a hearing is to be in public.
The requirement for a hearing to be in public does not require the court to make special arrangements for accommodating members of the public.
A hearing, or any part of it, may be in private if—
publicity would defeat the object of the hearing;
it involves matters relating to national security;
it involves confidential information (including information relating to personal financial matters) and publicity would damage that confidentiality;
a private hearing is necessary to protect the interests of any child or protected party;
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;
it involves uncontentious matters arising in the administration of trusts or in the administration of a deceased person’s estate; or
the court considers this to be necessary, in the interests of justice.
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.
The court may proceed with a trial in the absence of a party but—
if no party attends the trial, it may strike out(GL) the whole of the proceedings;
if the claimant does not attend, it may strike out his claim and any defence to counterclaim; and
if a defendant does not attend, it may strike out his defence or counterclaim (or both).
Where the court strikes out proceedings, or any part of them, under this rule, it may subsequently restore the proceedings, or that part.
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).
An application under paragraph (2) or paragraph (3) ... must be supported by evidence.
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—
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;
had a good reason for not attending the trial; and
has a reasonable prospect of success at the trial.
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 ...confirming the trial date or week—multi-track) it will do so in consultation with the parties.
Unless the court orders otherwise, the claimant must file a trial bundle containing documents required by—
a relevant practice direction; and
any court order.
The claimant must file the trial bundle not more than 7 days and not less than 3 days before the start of the trial.
A company or other corporation may be represented at trial by an employee if—
the employee has been authorised by the company or corporation to appear at trial on its behalf; and
the court gives permission.
Documents impounded by order of the court must not be released from the custody of the court except in compliance—
with a court order; or
with a written request made by a Law Officer or the Director of Public Prosecutions.
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.
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.
(Repealed)
This Section sets out rules about judgments and orders which apply except where any other of these Rules or a practice direction makes a different provision in relation to the judgment or order in question.
(Repealed)
Every judgment or order must state the name and judicial title of the person who made it, unless it is—
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;
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); ...
a consent order under rule 40.6(2) (consent orders made by court officers) ;
an order made by a court officer under rule 70.5 (orders to enforce awards as if payable under a court order); or
an order made by a court officer under rule 71.2 (orders to obtain information from judgment debtors).
Every judgment or order must—
bear the date on which it is given or made; and
be sealed(GL) by the court.
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.
Where this paragraph applies, the judgment or order shall state—
(Repealed)
whether an appeal lies from the judgment or order and, if so, to which appeal court , with an indication of the division of the High Court where the High Court is the appeal court;
whether the court gives permission to appeal; and
if not, the appropriate appeal court , including the appropriate division where relevant, to which any further application for permission may be made.
Except as is provided at paragraph (4) below or by any Practice Direction, every judgment or order will be drawn up by the court unless—
the court orders a party to draw it up;
a party, with the permission of the court, agrees to draw it up;
the court dispenses with the need to draw it up; or
it is a consent order under rule 40.6.
The court may direct that—
a judgment or an order drawn up by a party must be checked by the court before it is sealed(GL); or
before a judgment or an order is drawn up by the court, the parties must file an agreed statement of its terms.
Where a judgment or an order is to be drawn up by a party—
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
if he fails to file it within that period, any other party may draw it up and file it.
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.
(Repealed)
Where a judgment or an order has been drawn up by a party and is to be served by the court—
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
once it has been sealed(GL), the court must serve a copy of it on each party to the proceedings.
Unless the court directs otherwise, any order made otherwise than at trial must be served on— (Rule 6.21 sets out who is to serve a document other than the claim form.)
the applicant and the respondent; and
any other person on whom the court orders it to be served.
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.
This rule applies where all the parties agree the terms in which a judgment should be given or an order should be made.
A court officer may enter and seal(GL) an agreed judgment or order if—
the judgment or order is listed in paragraph (3);
none of the parties is a litigant in person; and
the approval of the court is not required by these Rules, a practice direction or any enactment before an agreed order can be made.
The judgments and orders referred to in paragraph (2) are—
a judgment or order for—
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
the delivery up of goods with or without the option of paying the value of the goods or the agreed value.
an order for—
the dismissal of any proceedings, wholly or in part;
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;
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;
the setting aside under Part 13 of a default judgment which has not been satisfied;
the payment out of money which has been paid into court;
the discharge from liability of any party;
the payment, assessment or waiver of costs, or such other provision for costs as may be agreed.
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.
Where paragraph (2) does not apply, any party may apply for a judgment or order in the terms agreed.
The court may deal with an application under paragraph (5) without a hearing.
Where this rule applies—
the order which is agreed by the parties must be drawn up in the terms agreed;
it must be expressed as being “By Consent”;
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.
A judgment or order takes effect from the day when it is given or made, or such later date as the court may specify.
This rule applies to all judgments and orders except those to which rule 40.10 (judgment against a State) applies.
Where interest is payable on a judgment pursuant to section 17 of the Judgments Act 1838 or section 74 of the County Courts Act 1984, the interest shall begin to run from the date that judgment is given unless—
a rule in another Part or a practice direction makes different provision; or
the court orders otherwise.
The court may order that interest shall begin to run from a date before the date that judgment is given.
Without prejudice to rule 83.7(1), a party against whom a judgment has been given or an order made may apply to the court for— 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.
a stay of execution of the judgment or order; or
other relief,
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.
In this rule—
“creditor” means the person entitled to the benefit of a judgment or order;
“debtor” means the person liable to make the payment under the judgment or order; and
“debtor’s home court” means the court, or County Court hearing centre, serving the address of the debtor.
Where a judgment or order has been given or made in the County Court for the payment of money, the creditor or, as the case may be, the debtor may apply in accordance with this rule for a variation in the date or rate of payment.
The creditor may apply in writing, without notice being served on any other party, for an order that the money— and the court officer may make an order accordingly, subject to paragraph (4).
if payable in one sum, be paid—
at a later date than that by which it is due; or
by instalments; or
if already payable by instalments, be paid by the same or smaller instalments,
If no payment has been made under the judgment or order for 6 years before the date of the application, the court officer must refer the application to the District Judge.
The creditor may apply to the District Judge in writing and 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 payable by instalments, be paid in one sum or by larger instalments.
Any application under paragraph (5) must state the proposed terms and the grounds on which it is made.
Where an application is made under paragraph (5)—
the proceedings will be automatically transferred to the debtor’s home court if the judgment or order was not given or made in that court; and
the court officer will fix a day for the hearing of the application before the District Judge and give to the creditor and the debtor not less than 8 days’ notice of the day so fixed.
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 already payable by instalments, be paid by smaller instalments.
Any application under paragraph (8) must—
be in the appropriate form;
state the proposed terms;
state the grounds on which it is made; and
include a signed statement of the debtor’s means.
Where an application is made under paragraph (8), the court officer will—
send the creditor a copy of the debtor’s application and statement of means; and
require the creditor to notify the court in writing, within 14 days of service of notification, giving reasons for any objection the creditor may have to the granting of the application.
If the creditor does not notify the court of any objection within the time stated, the court officer will make an order in the terms applied for.
Upon receipt of a notice from the creditor under paragraph (10), the court officer may determine the date and rate of payment and make an order accordingly.
Any party affected by an order made under paragraph (12) may, within 14 days of service of the order and giving reasons, apply on notice for the order to be re-considered and, where such an application is made—
the proceedings will be automatically transferred to the debtor’s home court if the judgment or order was not given or made in that court; and
the court officer shall fix a day for the hearing of the application before the District Judge and give to the creditor and the debtor not less than 8 days’ notice of the day so fixed.
On hearing an application under paragraph (13), the District Judge may confirm the order or set it aside and make such new order as the District Judge thinks fit and the order so made will be entered in the records of the court.
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.
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 copy of the judgment; and
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).
In this rule, “State” has the meaning given by section 14 of the State Immunity Act 1978.
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— (Parts 12 and 14 specify different dates for complying with certain default judgments and judgments on admissions)
the judgment or order specifies a different date for compliance (including specifying payment by instalments);
any of these Rules specifies a different date for compliance; or
the court has stayed the proceedings or judgment.
The court may at any time correct an accidental slip or omission in a judgment or order.
A party may apply for a correction without notice.
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.
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.
In a case to which this rule applies, the court may make a separate order as to costs against each party.
This rule applies to applications under section 72 of the County Courts Act 1984 for permission to set off any sums, including costs, payable under several judgments or orders each of which was obtained in the County Court.
Where the judgments or orders have been obtained in the same County Court hearing centre, the application—
may be made to that hearing centre on the day when the last judgment or order is obtained, if both parties are present; and
in any other case must be made on notice.
Where the judgments or orders have been obtained in different County Court hearing centres, the application may be made to any of them on notice.
The District Judge located at the hearing centre to which the application is made will—
forthwith stay execution on any judgment or order to which the application relates; and
notify any hearing centre that made the relevant judgments or orders of the stay.
Where execution has been stayed under paragraph (4), any money paid into court under the judgment or order will be retained until the application has been disposed of and the court has directed how any money paid into court is to be dealt with.
Paragraphs (7) and (8) apply 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 the County Court.
The High Court will send to the County Court a copy of the order giving permission, and the County Court will deal with any money paid into court in accordance with that order.
The court officer of the County Court will enter satisfaction in the County Court records for any sums ordered to be set off, and execution or other process for the enforcement of any judgment or order not wholly satisfied will issue only for the balance remaining payable.
In this rule “part owner” means one of two or more persons who have an interest in the same goods.
Where— 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.
a part owner makes a claim relating to the detention of the goods; and
the claim is not based on a right to possession,
This rule applies notwithstanding anything in subsection (3) of section 3 of the Torts (Interference with Goods) Act 1977, but does not affect the remedies and jurisdiction mentioned in subsection (8) of that section.
Any person who wishes to have a certificate of any judgment or order given or made in a claim in the County Court (“the applicant”) may make a request in writing to the court.
If the applicant is a party to the claim, the request must state whether the certificate—
is required for the purpose of taking proceedings on the judgment or order in another court;
is required for the purpose of enforcing the judgment or order in the High Court; or
is for the purpose of evidence only.
If the applicant is not a party to the claim, the request must state—
the purpose for which the certificate is required;
the capacity in which the person asks for the certificate; and
any other facts showing that the certificate may properly be granted.
Where the certificate is required for the purpose of enforcing the judgment or order in the High Court, the applicant must also either—
state that—
it is intended to enforce the judgment or order by execution against goods; or
the judgment or order to be enforced is an order for possession of land made in a possession claim against trespassers; or
confirm that an application has been made for an order under section 42 of the County Courts Act 1984 (transfer to High Court by order of the County Court) and attach a copy of the application to the request for a certificate.
Where the applicant making the request is not a party to the claim, the request will be referred to the District Judge, who may refer it to the judge.
Without prejudice to paragraph (5), for the purposes of section 12(2) of the County Courts Act 1984 a certificate under this rule may be signed by a court officer.
Where the Court of Appeal or High Court has heard and determined an appeal from the County Court, the party entitled to the benefit of the order of the appeal court must deposit the order or an office copy of it in the office of the relevant hearing centre of the County Court.
This Section— (Section 131 of the Supreme Court Act 1981 provides for the appointment of the conveyancing counsel of the Supreme Court)
deals with the court’s power to order the sale, mortgage, partition or exchange of land; and
contains provisions about conveyancing counsel.
In this Section “land” includes any interest in, or right over, land.
In any proceedings relating to land, the court may order the land, or part of it, to be—
sold;
mortgaged;
exchanged; or
partitioned.
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—
possession of the land;
receipt of rents or profits relating to it; or
both.
(Provisions dealing with the fees payable to conveyancing counsel are set out in paragraph 5.2 of Practice Direction 44. )
The court may direct conveyancing counsel to investigate and prepare a report on the title of any land or to draft any document.
The court may take the report on title into account when it decides the issue in question.
(Part 23 contains general rules about making an application)
Any party to the proceedings may object to the report on title prepared by conveyancing counsel.
Where there is an objection, the issue will be referred to a judge for determination.
The court may make binding declarations whether or not any other remedy is claimed.
This Section of this Part applies to proceedings to which SCA s.32A or CCA s.51 applies.
In this Section—
“SCA s.32A” means section 32A of the Supreme Court Act 1981;
“CCA s.51” means section 51 of the County Courts Act 1984; and
“award of provisional damages” means an award of damages for personal injuries under which—
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
the injured person is entitled to apply for further damages at a future date if he develops the disease or suffers the deterioration.
(Rule 16.4(1)(d) sets out what must be included in the particulars of claim where the claimant is claiming provisional damages)
The court may make an order for an award of provisional damages if—
the particulars of claim include a claim for provisional damages; and
the court is satisfied that SCA s.32A or CCA s.51 applies.
An order for an award of provisional damages—
must specify the disease or type of deterioration in respect of which an application may be made at a future date;
must specify the period within which such an application may be made; and
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.
The claimant may make more than one application to extend the period specified under paragraph (2)(b) or (2)(c).
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.
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.
The claimant must give at least 28 days written notice to the defendant of his intention to apply for further damages.
If the claimant knows— he must also give at least 28 days written notice to the insurers.
that the defendant is insured in respect of the claim; and
the identity of the defendant’s insurers,
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.
(Repealed)
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.
In this Section—
“the 1996 Act” means the Damages Act 1996;
“damages” means damages for future pecuniary loss; and
“periodical payments” means periodical payments under section 2(1) of the 1996 Act.
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.
Where a statement under paragraph (1) is not given, the court may order a party to make such a statement.
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.
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.
When considering— 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 Practice Direction 41B.
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
whether to make an order under section 2(1)(a) of the 1996 Act,
Where the court awards damages in the form of periodical payments, the order must specify—
the annual amount awarded, how each payment is to be made during the year and at what intervals;
the amount awarded for future—
loss of earnings and other income; and
care and medical costs and other recurring or capital costs;
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
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.
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.
Where an amount awarded under paragraph (1)(b) is to increase or decrease on a certain date, the order must also specify—
the date on which the increase or decrease will take effect; and
the amount of the increase or decrease at current value.
Where damages for substantial capital purchases are awarded under paragraph (1)(b)(ii), the order must also specify—
the amount of the payments at current value;
when the payments are to be made; and
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.
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.
Before ordering an alternative method of funding, the court must be satisfied that—
the continuity of payment under the order is reasonably secure; and
the criteria set out in Practice Direction 41B are met.
An order under paragraph (2) must specify the alternative method of funding.
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 Practice Direction 41B.
(Part 6 contains provisions about the address for service)
Where the address for service of a party is the business address of that party’s solicitor, the solicitor will be considered to be acting for that party until the provisions of this Part have been complied with.
For the purposes of this Part, “solicitor” has the meaning set out in rule 6.2(d).
(Rules 6.23 and 6.24 contain provisions about a party’s address forservice.) ...
This rule applies where—
a party for whom a solicitor is acting wants to change his solicitor;
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
a party, after having conducted the claim by a solicitor, intends to act in person.
Where this rule applies, the party or his solicitor (where one is acting) must—
file notice of the change; and
serve notice of the change on every other party and, where paragraph (1)(a) or (c) applies, on the former solicitor.
The notice must state the party’s new address for service.
The notice filed at court must state that notice has been served as required by paragraph (2)(b).
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—
notice is filed and served in accordance with paragraph (2); or
the court makes an order under rule 42.3 and the order is served as required by paragraph (3) of that rule.
Where the certificate of a person to whom legal aid is provided is revoked or withdrawn—
the solicitor who acted for that person will cease to be a solicitor acting in the case as soon as the solicitor’s retainer is determined under regulation 24 or 41 of the Civil Legal Aid (Procedure) Regulations 2012; and
if that person wishes to continue—
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
where he wants to act in person, he must give an address for service.
“Certificate” in paragraph (6) means a certificate issued under the Civil Legal Aid (Procedure) Regulations 2012.
A solicitor may apply for an order declaring that he has ceased to be the solicitor acting for a party.
Where an application is made under this rule—
notice of the application must be given to the party for whom the solicitor is acting, unless the court directs otherwise; and
the application must be supported by evidence.
Where the court makes an order that a solicitor has ceased to act—
a copy of the order must be served on every party to the proceedings; and
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.
Where— 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.
a solicitor who has acted for a party—
has died;
has become bankrupt;
has ceased to practice; or
cannot be found; and
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),
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.
Where the court makes an order made under this rule—
a copy of the order must be served on every other party to the proceedings; and
where it is served by a party, that party must file a certificate of service.
(Repealed)
(Repealed)
(Repealed)
(Repealed)
In Parts 44 to 47, unless the context otherwise requires— (“Legal representative” has the meaning given in rule 2.3).
The costs to which Parts 44 to 47 apply include—
the following costs where those costs may be assessed by the court—
costs of proceedings before an arbitrator or umpire;
costs of proceedings before a tribunal or other statutory body; and
costs payable by a client to their legal representative; and
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.
Where advocacy or litigation services are provided to a client under a conditional fee agreement, costs are recoverable under Parts 44 to 47 notwithstanding that the client is liable to pay the legal representative’s fees and expenses only to the extent that sums are recovered in respect of the proceedings, whether by way of costs or otherwise.
The court has discretion as to—
whether costs are payable by one party to another;
the amount of those costs; and
when they are to be paid.
If the court decides to make an order about costs—
the general rule is that the unsuccessful party will be ordered to pay the costs of the successful party; but
the court may make a different order.
The general rule does not apply to the following proceedings—
proceedings in the Court of Appeal on an application or appeal made in connection with proceedings in the Family Division; or
proceedings in the Court of Appeal from a judgment, direction, decision or order given or made in probate proceedings or family proceedings.
In deciding what order (if any) to make about costs, the court will have regard to all the circumstances, including—
the conduct of all the parties;
whether a party has succeeded on part of its case, even if that party has not been wholly successful; and
any admissible offer to settle made by a party which is drawn to the court’s attention, and which is not an offer to which costs consequences under Part 36 apply.
The conduct of the parties includes—
conduct before, as well as during, the proceedings and in particular the extent to which the parties followed the Practice Direction – Pre-Action Conduct or any relevant pre-action protocol;
whether it was reasonable for a party to raise, pursue or contest a particular allegation or issue;
the manner in which a party has pursued or defended its case or a particular allegation or issue; and
whether a claimant who has succeeded in the claim, in whole or in part, exaggerated its claim.
The orders which the court may make under this rule include an order that a party must pay—
a proportion of another party’s costs;
a stated amount in respect of another party’s costs;
costs from or until a certain date only;
costs incurred before proceedings have begun;
costs relating to particular steps taken in the proceedings;
costs relating only to a distinct part of the proceedings; and
interest on costs from or until a certain date, including a date before judgment.
Before the court considers making an order under paragraph (6)(f), it will consider whether it is practicable to make an order under paragraph (6)(a) or (c) instead.
Where the court orders a party to pay costs subject to detailed assessment, it will order that party to pay a reasonable sum on account of costs, unless there is good reason not to do so.
(Rule 44.5 sets out how the court decides the amount of costs payable under a contract.) (Factors which the court may take into account are set out in rule 44.4.)
Where the court is to assess the amount of costs (whether by summary or detailed assessment) it will assess those costs— but the court will not in either case allow costs which have been unreasonably incurred or are unreasonable in amount.
on the standard basis; or
on the indemnity basis,
Where the amount of costs is to be assessed on the standard basis, the court will—
only allow costs which are proportionate to the matters in issue. Costs which are disproportionate in amount may be disallowed or reduced even if they were reasonably or necessarily incurred; and
resolve any doubt which it may have as to whether costs were reasonably and proportionately incurred or were reasonable and proportionate in amount in favour of the paying party.
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.
Where— the costs will be assessed on the standard basis.
the court makes an order about costs without indicating the basis on which the costs are to be assessed; or
the court makes an order for costs to be assessed on a basis other than the standard basis or the indemnity basis,
Costs incurred are proportionate if they bear a reasonable relationship to—
the sums in issue in the proceedings;
the value of any non-monetary relief in issue in the proceedings;
the complexity of the litigation;
any additional work generated by the conduct of the paying party; and
any wider factors involved in the proceedings, such as reputation or public importance.
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 , 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 44.4.
Paragraphs (2)(a) and (5) do not apply in relation to— and in relation to such cases or costs, rule 44.4.(2)(a) as it was in force immediately before 1st April 2013 will apply instead.
cases commenced before 1st April 2013; or
costs incurred in respect of work done before 1st April 2013,
(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.)
The court will have regard to all the circumstances in deciding whether costs were—
if it is assessing costs on the standard basis—
proportionately and reasonably incurred; or
proportionate and reasonable in amount, or
if it is assessing costs on the indemnity basis—
unreasonably incurred; or
unreasonable in amount.
In particular, the court will give effect to any orders which have already been made.
The court will also have regard to—
the conduct of all the parties, including in particular—
conduct before, as well as during, the proceedings; and
the efforts made, if any, before and during the proceedings in order to try to resolve the dispute;
the amount or value of any money or property involved;
the importance of the matter to all the parties;
the particular complexity of the matter or the difficulty or novelty of the questions raised;
the skill, effort, specialised knowledge and responsibility involved;
the time spent on the case;
the place where and the circumstances in which work or any part of it was done; and
the receiving party’s last approved or agreed budget.
and the court will assess them accordingly.
Subject to paragraphs (2) and (3), where the court assesses (whether by summary or detailed assessment) 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—
have been reasonably incurred; and
are reasonable in amount,
The presumptions in paragraph (1) are rebuttable. Practice Direction 44 – General rules about costs sets out circumstances where the court may order otherwise.
Paragraph (1) does not apply where the contract is between a solicitor and client.
unless any rule, practice direction or other enactment provides otherwise. (Practice Direction 44 – General rules about costs sets out the factors which will affect the court’s decision under paragraph (1).)
Where the court orders a party to pay costs to another party (other than fixed costs) it may either—
make a summary assessment of the costs; or
order detailed assessment of the costs by a costs officer,
A party may recover the fixed costs specified in Part 45 in accordance with that Part.
(Part 47 sets out the procedure for detailed assessment of costs.)
A party must comply with an order for the payment of costs within 14 days of—
the date of the judgment or order if it states the amount of those costs;
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; or
in either case, such other date as the court may specify.
Where— the party’s legal representative must notify that party in writing of the costs order no later than 7 days after the legal representative receives notice of the order. (Paragraph 10.1 of Practice Direction 44 defines “party” for the purposes of this rule.)
the court makes a costs order against a legally represented party; and
the party is not present when the order is made,
a costs order will be deemed to have been made on the standard basis.
Subject to paragraph (2), where a right to costs arises under—
rule 3.7 or 3.7A1 (defendant’s right to costs where claim is struck out for non-payment of fees);
rule 3.7B (sanctions for dishonouring cheque);
rule 36.13 (1) or (2) (claimant’s entitlement to costs where a Part 36 offer is accepted); or
rule 38.6 (defendant’s right to costs where claimant discontinues),
Paragraph 1(b) does not apply where a Part 36 offer is accepted before the commencement of proceedings.
Where such an order is deemed to be made in favour of a party with pro bono representation, that party may apply for an order under section 194(3) of the 2007 Act.
Interest payable under section 17 of the Judgments Act 1838 or section 74 of the County Courts Act 1984 on the costs deemed to have been ordered under paragraph (1) will begin to run from the date on which the event which gave rise to the entitlement to costs occurred.
Where the court makes an order which does not mention costs—
subject to paragraphs (2) and (3), the general rule is that no party is entitled— in relation to that order; but
to costs; or
to seek an order under section 194(3) of the 2007 Act,
this does not affect any entitlement of a party to recover costs out of a fund held by that party as trustee or personal representative, or under any lease, mortgage or other security.
Where the court makes—
an order granting permission to appeal;
an order granting permission to apply for judicial review; or
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.
Any party affected by a deemed order for costs under paragraph (2) may apply at any time to vary the order.
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.
Subject to any order made by the transferring court, 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.
The court may make an order under this rule where—
a party or that party’s legal representative, in connection with a summary or detailed assessment, fails to comply with a rule, practice direction or court order; or
it appears to the court that the conduct of a party or that party’s legal representative, before or during the proceedings or in the assessment proceedings, was unreasonable or improper.
Where paragraph (1) applies, the court may—
disallow all or part of the costs which are being assessed; or
order the party at fault or that party’s legal representative to pay costs which that party or legal representative has caused any other party to incur.
Where—
the court makes an order under paragraph (2) against a legally represented party; and
the party is not present when the order is made, the party’s legal representative must notify that party in writing of the order no later than 7 days after the legal representative receives notice of the order.
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—
set off the amount assessed against the amount the party is entitled to be paid and direct that party to pay any balance; or
delay the issue of a certificate for the costs to which the party is entitled until the party has paid the amount which that party is liable to pay.
but does not apply to applications pursuant to section 33 of the Senior Courts Act 1981 or section 52 of the County Courts Act 1984 (applications for pre-action disclosure), or where rule 44.17 applies.
This Section applies to proceedings which include a claim for damages—
for personal injuries;
under the Fatal Accidents Act 1976; or
which arises out of death or personal injury and survives for the benefit of an estate by virtue of section 1(1) of the Law Reform (Miscellaneous Provisions) Act 1934,
In this Section, “claimant” means a person bringing a claim to which this Section applies or an estate on behalf of which such a claim is brought, and includes a person making a counterclaim or an additional claim.
Subject to rules 44.15 and 44.16, orders for costs made against a claimant may be enforced without the permission of the court but only to the extent that the aggregate amount in money terms of such orders does not exceed the aggregate amount in money terms of any orders for damages and interest made in favour of the claimant.
Orders for costs made against a claimant may only be enforced after the proceedings have been concluded and the costs have been assessed or agreed.
An order for costs which is enforced only to the extent permitted by paragraph (1) shall not be treated as an unsatisfied or outstanding judgment for the purposes of any court record.
Orders for costs made against the claimant may be enforced to the full extent of such orders without the permission of the court where the proceedings have been struck out on the grounds that— is likely to obstruct the just disposal of the proceedings.
the claimant has disclosed no reasonable grounds for bringing the proceedings;
the proceedings are an abuse of the court’s process; or
the conduct of—
the claimant; or
a person acting on the claimant’s behalf and with the claimant’s knowledge of such conduct,
Orders for costs made against the claimant may be enforced to the full extent of such orders with the permission of the court where the claim is found on the balance of probabilities to be fundamentally dishonest.
Orders for costs made against the claimant may be enforced up to the full extent of such orders with the permission of the court, and to the extent that it considers just, where—
the proceedings include a claim which is made for the financial benefit of a person other than the claimant or a dependant within the meaning of section 1(3) of the Fatal Accidents Act 1976 (other than a claim in respect of the gratuitous provision of care, earnings paid by an employer or medical expenses); or
a claim is made for the benefit of the claimant other than a claim to which this Section applies.
Where paragraph (2)(a) applies, the court may, subject to rule 46.2, make an order for costs against a person, other than the claimant, for whose financial benefit the whole or part of the claim was made.
This Section does not apply to proceedings where the claimant has entered into a pre-commencement funding arrangement (as defined in rule 48.2).
The fact that a party has entered into a damages-based agreement will not affect the making of any order for costs which otherwise would be made in favour of that party.
Where costs are to be assessed in favour of a party who has entered into a damages-based agreement—
the party’s recoverable costs will be assessed in accordance with rule 44.3; and
the party may not recover by way of costs more than the total amount payable by that party under the damages-based agreement for legal services provided under that agreement.
(Practice Direction 7B sets out the types of case where a court will give a fixed date for a hearing when it issues a claim.)
This Section sets out the amounts which, unless the court orders otherwise, are to be allowed in respect of legal representatives’ charges.
This Section applies where—
the only claim is a claim for a specified sum of money where the value of the claim exceeds £25 and—
judgment in default is obtained under rule 12.4(1);
judgment on admission is obtained under rule 14.4(3);
judgment on admission on part of the claim is obtained under rule 14.5(6);
summary judgment is given under Part 24;
the court has made an order to strike out a defence under rule 3.4(2)(a) as disclosing no reasonable grounds for defending the claim; or
rule 45.4 applies;
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;
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;
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—
has neither delivered a defence, or counterclaim, nor otherwise denied liability; or
has delivered a defence which is limited to specifying his proposals for the payment of arrears of rent;
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;
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
a judgment creditor has taken steps under Parts 70 to 73 to enforce a judgment or order.
No sum in respect of legal representatives’ charges will be allowed where the only claim is for a sum of money or goods not exceeding £25.
Any appropriate court fee will be allowed in addition to the costs set out in this Section.
The claim form may include a claim for fixed commencement costs.
The amount of fixed commencement costs in a claim to which rule 45.1(2)(a) or (b) applies—
will be calculated by reference to Table 1; and
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.
The amounts shown in Table 4 are to be allowed in addition, if applicable.
Where— the defendant is not liable for any further costs unless the court orders otherwise.
the only claim is for a specified sum of money; and
the defendant pays the money claimed within 14 days after being served with the particulars of claim, together with the fixed commencement costs stated in the claim form,
Where—
the claimant has claimed fixed commencement costs under rule 45.2; and
judgment is entered in a claim to which rule 45.1(2)(a) or (b) applies in the circumstances specified in Table 2, the amount to be included in the judgment for the claimant’s legal representative’s charges is the total of—
the fixed commencement costs; and
the relevant amount shown in Table 2.
The amount of fixed commencement costs in a claim to which rule 45.1(2)(c), (d) or (f) applies will be calculated by reference to Table 3.
The amounts shown in Table 4 are to be allowed in addition, if applicable.
Where—
the claimant has claimed fixed commencement costs under rule 45.5; and
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 legal representative’s charges is the total of—
the fixed commencement costs; and
the sum of £57.25.
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 legal representative’s charges for preparing and filing—
the claim form;
the documents that accompany the claim form; and
the request for possession, is £79.50.
Table 4 shows the amount to be allowed in respect of legal representative’s charges in the circumstances mentioned.
Table 5 shows the amount to be allowed in respect of legal representatives’ costs in the circumstances mentioned. The amounts shown in Table 4 are to be allowed in addition, if applicable.
in cases to which this Section applies.
Subject to paragraph (3), this Section sets out the costs which are to be allowed in—
proceedings to which rule 46.14(1) applies (costs-only proceedings); or
proceedings for approval of a settlement or compromise under rule 21.10(2),
This Section applies where—
the dispute arises from a road traffic accident occurring on or after 6 October 2003;
the agreed damages include damages in respect of personal injury, damage to property, or both;
the total value of the agreed damages does not exceed £10,000; and
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.
This Section does not apply where—
the claimant is a litigant in person; or
Section III or Section IIIA of this Part applies.
In this Section—
Subject to rule 45.13, the only costs which are to be allowed are— (Rule 45.13 provides for where a party issues a claim for more than the fixed recoverable costs.)
fixed recoverable costs calculated in accordance with rule 45.11; and
disbursements allowed in accordance with rule 45.12.
Subject to paragraphs (2) and (3), the amount of fixed recoverable costs is the total of—
£800;
20% of the damages agreed up to £5,000; and
15% of the damages agreed between £5,000 and £10,000.
Where the claimant— the fixed recoverable costs will include, in addition to the costs specified in paragraph (1), an amount equal to 12.5% of the costs allowable under that paragraph.
lives or works in an area set out in Practice Direction 45; and
instructs a legal representative who practises in that area,
Where appropriate, 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.
The court—
may allow a claim for a disbursement of a type mentioned in paragraph (2); but
will not allow a claim for any other type of disbursement.
The disbursements referred to in paragraph (1) are—
the cost of obtaining—
medical records;
a medical report;
a police report;
an engineer’s report; or
a search of the records of the Driver Vehicle Licensing Authority;
where they are necessarily incurred by reason of one or more of the claimants being a child or protected party as defined in Part 21—
fees payable for instructing counsel; or
court fees payable on an application to the court; or
any other disbursement that has arisen due to a particular feature of the dispute.
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.
If the court considers such a claim appropriate, it may—
summarily assess the costs; or
make an order for the costs to be subject to detailed assessment.
If the court does not consider the claim appropriate, it will make an order for fixed recoverable costs (and any permitted disbursements) only.
This rule applies where—
costs are assessed in accordance with rule 45.13(2); and
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.
The court must order the defendant to pay to the claimant the lesser of—
the fixed recoverable costs; and
the assessed costs.
Where—
the court makes an order for fixed recoverable costs in accordance with rule 45.13(3); or
rule 45.14 applies, the court may—
decide not to make an award of the payment of the claimant’s costs in bringing the proceedings under rule 46.14; and
make orders in relation to costs that may include an order that the claimant pay the defendant’s costs of defending those proceedings.
This Section applies to claims that have been or should have been started under Part 8 in accordance with Practice Direction 8B (“the Stage 3 Procedure”).
Where a party has not complied with the relevant Protocol rule 45.24 will apply.
A reference to “Claim Notification Form or Court Proceedings Pack” is a reference to the form used in the relevant Protocol.
The only costs allowed are—
fixed costs in rule 45.18; and
disbursements in accordance with rule 45.19 ;and
where applicable, fixed costs in accordance with rule 45.23A or 45.23B.
Subject to paragraph (4), the amount of fixed costs is set out in Tables 6 and 6A.
In Tables 6 and 6A—
“Advocate” has the same meaning as in rule 45.37(2)(a).
Subject to rule 45.24(2) the court will not award more or less than the amounts shown in Tables 6 or 6A.
Where the claimant—
lives or works in an area set out in Practice Direction 45; and
instructs a legal representative who practises in that area, the fixed costs will include, in addition to the costs set out in Tables 6 or 6A, an amount equal to 12.5% of the Stage 1 and 2 and Stage 3 Type A fixed costs.
Where appropriate, VAT may be recovered in addition to the amount of fixed costs and any reference in this Section to fixed costs is a reference to those costs net of any such VAT.
Subject to paragraphs (2A) to (2E), the court—
may allow a claim for a disbursement of a type mentioned in paragraphs (2) or (3); but
will not allow a claim for any other type of disbursement.
In a claim to which either the RTA Protocol or EL/PL Protocol applies, the disbursements referred to in paragraph (1) are—
the cost of obtaining—
medical records;
a medical report or reports or non-medical expert reports as provided for in the relevant Protocol;
(Repealed)
(Repealed)
court fees as a result of Part 21 being applicable;
court fees payable where proceedings are started as a result of a limitation period that is about to expire;
court fees in respect of the Stage 3 Procedure; and
any other disbursement that has arisen due to a particular feature of the dispute.
In a soft tissue injury claim to which the RTA Protocol applies, the only sums (exclusive of VAT) that are recoverable in respect of the cost of obtaining a fixed cost medical report or medical records are as follows—
obtaining the first report from an accredited medical expert selected via the MedCo Portal: £180;
obtaining a further report where justified from an expert from one of the following disciplines—
Consultant Orthopaedic Surgeon (inclusive of a review of medical records where applicable): £420;
Consultant in Accident and Emergency Medicine: £360;
General Practitioner registered with the General Medical Council: £180; or
Physiotherapist registered with the Health and Care Professions Council: £180;
obtaining medical records: no more than £30 plus the direct cost from the holder of the records, and limited to £80 in total for each set of records required. Where relevant records are required from more than one holder of records, the fixed fee applies to each set of records required;
addendum report on medical records (except by Consultant Orthopaedic Surgeon): £50; and
answer to questions under Part 35: £80.
Save in exceptional circumstances, no fee may be allowed for the cost of obtaining a report to which paragraph (2A) applies where the medical expert—
has provided treatment to the claimant;
is associated with any person who has provided treatment; or
proposes or recommends treatment that they or an associate then provide.
The cost of obtaining a further report from an expert not listed in paragraph (2A)(b) is not fixed, but the use of that expert and the cost must be justified.
Where appropriate, VAT may be recovered in addition to the cost of obtaining a fixed cost medical report or medical records.
In this rule, ‘accredited medical expert’, ‘associate’, ‘associated with’, ‘fixed cost medical report’ ‘MedCo’ and ‘soft tissue injury claim’ have the same meaning as in paragraph 1.1(A1), (1A), (10A), (12A), and (16A), respectively, of the RTA Protocol.
In a claim to which the RTA Protocol applies, the disbursements referred to in paragraph (1) are also the cost of—
an engineer’s report; and
a search of the records of the—
Driver Vehicle Licensing Authority; and
Motor Insurance Database.
Where rule 36.29(1)(b) or (c) applies, the court will order the defendant to pay—
where not already paid by the defendant, the Stage 1 and 2 fixed costs;
where the claim is determined—
on the papers, Stage 3 Type A fixed costs;
at a Stage 3 hearing, Stage 3 Type A and B fixed costs; or
at a Stage 3 hearing and the claimant is a child, Type A, B and C fixed costs; and
disbursements allowed in accordance with rule 45.19.
This rule applies where—
the claimant is a child;
there is a settlement at Stage 2 of the relevant Protocol; and
an application is made to the court to approve the settlement.
Where the court approves the settlement at a settlement hearing it will order the defendant to pay—
the Stage 1 and 2 fixed costs;
the Stage 3 Type A, B and C fixed costs; and
disbursements allowed in accordance with rule 45.19.
Where the court does not approve the settlement at a settlement hearing it will order the defendant to pay the Stage 1 and 2 fixed costs.
Paragraphs (5) and (6) apply where the court does not approve the settlement at the first settlement hearing but does approve the settlement at a second settlement hearing.
At the second settlement hearing the court will order the defendant to pay—
the Stage 3 Type A and C fixed costs for the first settlement hearing;
disbursements allowed in accordance with rule 45.19; and
the Stage 3 Type B fixed costs for one of the hearings.
The court in its discretion may also order—
the defendant to pay an additional amount of either or both the Stage 3—
Type A fixed costs;
Type B fixed costs; or
the claimant to pay an amount equivalent to either or both the Stage 3—
Type A fixed costs;
Type B fixed costs.
This rule applies where—
the claimant is a child;
there is a settlement after proceedings are started under the Stage 3 Procedure;
the settlement is more than the defendant’s relevant Protocol offer; and
an application is made to the court to approve the settlement.
Where the court approves the settlement at the settlement hearing it will order the defendant to pay—
the Stage 1 and 2 fixed costs;
the Stage 3 Type A, B and C fixed costs; and
disbursements allowed in accordance with rule 45.19.
Where the court does not approve the settlement at the settlement hearing it will order the defendant to pay the Stage 1 and 2 fixed costs.
Paragraphs (5) and (6) apply where the court does not approve the settlement at the first settlement hearing but does approve the settlement at the Stage 3 hearing.
At the Stage 3 hearing the court will order the defendant to pay—
the Stage 3 Type A and C fixed costs for the settlement hearing;
disbursements allowed in accordance with rule 45.19; and
the Stage 3 Type B fixed costs for one of the hearings.
The court in its discretion may also order—
he defendant to pay an additional amount of either or both the Stage 3—
Type A fixed costs;
Type B fixed costs; or
the claimant to pay an amount equivalent to either or both of the Stage 3—
Type A fixed costs;
Type B fixed costs.
Where the settlement is not approved at the Stage 3 hearing the court will order the defendant to pay the Stage 3 Type A fixed costs.
Where— the court will order the defendant to pay—
the claimant is a child; and
at a settlement hearing or the Stage 3 hearing the court orders that the claim is not suitable to be determined under the Stage 3 Procedure,
the Stage 1 and 2 fixed costs; and
the Stage 3 Type A, B and C fixed costs.
Where— the fixed costs will include an additional amount equivalent to the Stage 3 Type A fixed costs.
there is a settlement after the Court Proceedings Pack has been sent to the defendant but before proceedings are issued under Stage 3; and
the settlement is more than the defendant’s relevant Protocol offer,
Where— the fixed costs may include an additional amount equivalent to the Stage 3 Type C fixed costs.
the value of the claim for damages is more than £10,000;
an additional advice has been obtained from a specialist solicitor or from counsel;
that advice is reasonably required to value the claim,
and starts proceedings under Part 7.
This rule applies where the claimant—
does not comply with the process set out in the relevant Protocol; or
elects not to continue with that process,
Subject to paragraph (2A), where a judgment is given in favour of the claimant but— the court may order the defendant to pay no more than the fixed costs in rule 45.18 together with the disbursements allowed in accordance with rule 45.19.
the court determines that the defendant did not proceed with the process set out in the relevant Protocol because the claimant provided insufficient information on the Claim Notification Form;
the court considers that the claimant acted unreasonably—
by discontinuing the process set out in the relevant Protocol and starting proceedings under Part 7;
by valuing the claim at more than £25,000, so that the claimant did not need to comply with the relevant Protocol; or
except for paragraph (2)(a), in any other way that caused the process in the relevant Protocol to be discontinued; or
the claimant did not comply with the relevant Protocol at all despite the claim falling within the scope of the RTA Protocol,
Where a judgment is given in favour of the claimant but the claimant did not comply with the process in paragraph 6.3A(2) of the RTA Protocol, the court may not order the defendant to pay the claimant’s costs and disbursements save in exceptional circumstances.
Where the claimant starts proceedings under paragraph 7.28 of the RTA Protocol or paragraph 7.26 of the EL/PL Protocol and the court orders the defendant to make an interim payment of no more than the interim payment made under paragraph 7.14(2) or (3) of the RTA Protocol or paragraph 7.17(2) or (3) of the EL/PL Protocol the court will, on the final determination of the proceedings, order the defendant to pay no more than–
the Stage 1 and 2 fixed costs; and
the disbursements allowed in accordance with rule 45.19.
This rule applies where an application is made under rule 45.29 (costs-only application after a claim is started under Part 8 in accordance with Practice Direction 8B).
Where the settlement is more than the defendant’s relevant Protocol offer the court will order the defendant to pay—
the Stage 1 and 2 fixed costs where not already paid by the defendant;
the Stage 3 Type A fixed costs; and
disbursements allowed in accordance with rule 45.19.
Where the settlement is less than or equal to the defendant’s relevant Protocol offer the court will order the defendant to pay—
the Stage 1 and 2 fixed costs where not already paid by the defendant; and
disbursements allowed in accordance with rule 45.19.
The court may, in its discretion, order either party to pay the costs of the application.
Where rule 36.29(1)(a) applies, the court will order the claimant to pay—
where the claim is determined—
on the papers, Stage 3 Type A fixed costs; or
at a hearing, Stage 3 Type A and B fixed costs;
any Stage 3 disbursements allowed in accordance with rule 45.19.
Where the court adjourns a settlement hearing or a Stage 3 hearing it may, in its discretion, order a party to pay—
an additional amount of the Stage 3 Type B fixed costs; and
any court fee for that adjournment.
Where a claim no longer continues under the relevant Protocol the court will, when making any order as to costs including an order for fixed recoverable costs under Section II or Section IIIA of this Part, take into account the Stage 1 and Stage 2 fixed costs that have been paid by the defendant.
This rule sets out the procedure where—
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
they have failed to agree the amount of those costs; and
proceedings have been started under Part 8 in accordance with Practice Direction 8B.
Either party may make an application for the court to determine the costs.
Where an application is made under this rule the court will assess the costs in accordance with rule 45.22 or rule 45.25.
Rule 44.5 (amount of costs where costs are payable pursuant to a contract) does not apply to an application under this rule.
Subject to paragraph (3), this section applies—
to a claim started under— where such a claim no longer continues under the relevant Protocol or the Stage 3 Procedure in Practice Direction 8B; and
the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (‘the RTA Protocol’); or
the Pre-Action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims (‘the EL/PL Protocol’),
to a claim to which the Pre-Action Protocol for Resolution of Package Travel Claims applies.
This section does not apply to a disease claim which is started under the EL/PL Protocol.
Nothing in this section shall prevent the court making an order under rule 45.24.
Subject to rules 45.29F, 45.29G, 45.29H and 45.29J, , and for as long as the case is not allocated to the multi-track, if, in a claim started under the RTA Protocol, the Claim Notification Form is submitted on or after 31st July 2013, the only costs allowed are—
the fixed costs in rule 45.29C;
disbursements in accordance with rule 45.29I.
Subject to paragraph (2), the amount of fixed costs is set out in Table 6B.
Where the claimant— the fixed costs will include, in addition to the costs set out in Table 6B, an amount equal to 12.5% of the costs allowable under paragraph (1) and set out in Table 6B.
lives or works in an area set out in Practice Direction 45; and
instructs a legal representative who practises in that area,
Where appropriate, VAT may be recovered in addition to the amount of fixed recoverable costs and any reference in this Section to fixed costs is a reference to those costs net of VAT.
In Table 6B—
in Part B, “on or after” means the period beginning on the date on which the court respectively—
issues the claim;
allocates the claim under Part 26; or
lists the claim for trial; and
unless stated otherwise, a reference to “damages” means agreed damages; and
a reference to “trial” is a reference to the final contested hearing.
Subject to rules 45.29F, 45.29H and 45.29J, and for as long as the case is not allocated to the multi-track, in a claim started under the EL/PL Protocol or in a claim to which the Pre-Action Protocol for Resolution of Package Travel Claims applies, the only costs allowed are—
fixed costs in rule 45.29E; and
disbursements in accordance with rule 45.29I.
Subject to paragraph (2), the amount of fixed costs is set out—
in respect of employers’ liability claims, in Table 6C; and
in respect of public liability claims and claims to which the Pre-Action Protocol for Resolution of Package Travel Claims applies, in Table 6D.
Where the claimant— the fixed costs will include, in addition to the costs set out in Tables 6C and 6D, an amount equal to 12.5% of the costs allowable under paragraph (1) and set out in table 6C and 6D.
lives or works in an area set out in Practice Direction 45; and
instructs a legal representative who practises in that area,
Where appropriate, VAT may be recovered in addition to the amount of fixed recoverable costs and any reference in this Section to fixed costs is a reference to those costs net of VAT.
In Tables 6C and 6D—
in Part B, “on or after” means the period beginning on the date on which the court respectively—
issues the claim;
allocates the claim under Part 26; or
lists the claim for trial; and
unless stated otherwise, a reference to “damages” means agreed damages; and
a reference to “trial” is a reference to the final contested hearing.
In this rule—
paragraphs (8) and (9) apply to assessments of defendants’ costs under Part 36;
paragraph (10) applies to assessments to which the exclusions from qualified one way costs shifting in rules 44.15 and 44.16 apply; and
paragraphs (2) to (7) apply to all other cases under this Section in which a defendant’s costs are assessed.
If, in any case to which this Section applies, the court makes an order for costs in favour of the defendant— the amount which would have been payable by the defendant if an order for costs had been made in favour of the claimant at the same stage of the proceedings.
the court will have regard to; and
the amount of costs order to be paid shall not exceed,
For the purpose of assessing the costs payable to the defendant by reference to the fixed costs in Table 6, Table 6A, Table 6B, Table 6C and Table 6D, “value of the claim for damages” and “damages” shall be treated as references to the value of the claim.
For the purposes of paragraph (3), “the value of the claim” is—
the amount specified in the claim form, excluding—
any amount not in dispute;
in a claim started under the RTA Protocol, any claim for vehicle related damages;
interest;
costs; and
any contributory negligence;
if no amount is specified in the claim form, 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
£25,000, if the claim form states that the claimant cannot reasonably say how much is likely to be recovered.
Where the defendant— the costs will include, in addition to the costs allowable under paragraph (2), an amount equal to 12.5% of those costs.
lives, works or carries on business in an area set out in Practice Direction 45; and
instructs a legal representative who practises in that area,
Where an order for costs is made pursuant to this rule, the defendant is entitled to disbursements in accordance with rule 45.29I
Where appropriate, VAT may be recovered in addition to the amount of any costs allowable under this rule.
Where, in a case to which this Section applies, a Part 36 offer is accepted, rule 36.20 will apply instead of this rule.
Where, in a case to which this Section applies, upon judgment being entered, the claimant fails to obtain a judgment more advantageous than the defendant’s Part 36 offer, rule 36.21 will apply instead of this rule.
Where, in a case to which this Section applies, any of the exceptions to qualified one way costs shifting in rules 44.15 and 44.16 is established, the court will assess the defendant’s costs without reference to this rule.
If in any case to which this Section applies— rules 45.29B, 45.29C, 45.29I, 45.29J, 45.29K and 45.29L shall apply.
the defendant brings a counterclaim which includes a claim for personal injuries to which the RTA Protocol applies;
the counterclaim succeeds; and
the court makes an order for the costs of the counterclaim,
Where a successful counterclaim does not include a claim for personal injuries— the costs will include, in addition to the costs allowable under paragraph (a), an amount equal to 12.5% of those costs;
the order for costs of the counterclaim shall be for a sum equivalent to one half of the applicable Type A and Type B costs in Table 6;
where the defendant—
lives, works, or carries on business in an area set out in Practice Direction 45; and
instructs a legal representative who practises in that area,
if an order for costs is made pursuant to this rule, the defendant is entitled to disbursements in accordance with rule 45.29I; and
where appropriate, VAT may be recovered in addition to the amount of any costs allowable under this rule.
Where the court makes an order for costs of an interim application to be paid by one party in a case to which this Section applies, the order shall be for a sum equivalent to one half of the applicable Type A and Type B costs in Table 6 or 6A.
Where the order for costs is made in a claim to which the Pre-Action Protocol for Resolution of Package Travel Claims applies, the order shall be for a sum equivalent to one half of the applicable Type A and Type B costs in Table 6A.
Where the party in whose favour the order for costs is made— the costs will include, in addition to the costs allowable under paragraph (1), an amount equal to 12.5% of those costs.
lives, works or carries on business in an area set out in Practice Direction 45; and
instructs a legal representative who practises in that area,
If an order for costs is made pursuant to this rule, the party in whose favour the order is made is entitled to disbursements in accordance with rule 45.29I.
Where appropriate, VAT may be recovered in addition to the amount of any costs allowable under this rule.
Subject to paragraphs (2A) to (2E), the court—
may allow a claim for a disbursement of a type mentioned in paragraphs (2) or (3); but
will not allow a claim for any other type of disbursement.
In a claim started under the RTA Protocol, the EL/PL Protocol or the Pre-Action Protocol for Resolution of Package Travel Claims, the disbursements referred to in paragraph (1) are—
the cost of obtaining medical records and expert medical reports as provided for in the relevant Protocol;
the cost of any non-medical expert reports as provided for in the relevant Protocol;
the cost of any advice from a specialist solicitor or counsel as provided for in the relevant Protocol;
court fees;
any expert’s fee for attending the trial where the court has given permission for the expert to attend;
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;
a sum not exceeding the amount specified in Practice Direction 45 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 purpose of attending a hearing; and
any other disbursement reasonably incurred due to a particular feature of the dispute.
In a soft tissue injury claim started under the RTA Protocol, the only sums (exclusive of VAT) that are recoverable in respect of the cost of obtaining a fixed cost medical report or medical records are as follows—
obtaining the first report from an accredited medical expert selected via the MedCo Portal: £180;
obtaining a further report where justified from an expert from one of the following disciplines—
Consultant Orthopaedic Surgeon (inclusive of a review of medical records where applicable): £420;
Consultant in Accident and Emergency Medicine: £360;
General Practitioner registered with the General Medical Council: £180; or
Physiotherapist registered with the Health and Care Professions Council: £180;
obtaining medical records: no more than £30 plus the direct cost from the holder of the records, and limited to £80 in total for each set of records required. Where relevant records are required from more than one holder of records, the fixed fee applies to each set of records required;
addendum report on medical records (except by Consultant Orthopaedic Surgeon): £50; and
answer to questions under Part 35: £80.
Save in exceptional circumstances, no fee may be allowed for the cost of obtaining a report to which paragraph (2A) applies where the medical expert—
has provided treatment to the claimant;
is associated with any person who has provided treatment; or
proposes or recommends treatment that they or an associate then provide.
The cost of obtaining a further report from an expert not listed in paragraph (2A)(b) is not fixed, but the use of that expert and the cost must be justified.
Where appropriate, VAT may be recovered in addition to the cost of obtaining a fixed cost medical report or medical records.
In this rule, ‘accredited medical expert’, ‘associate’, ‘associated with’, ‘fixed cost medical report’ ‘MedCo’ and ‘soft tissue injury claim’ have the same meaning as in paragraph 1.1(A1), (1A), (10A), (12A), and (16A), respectively, of the RTA Protocol.
In a claim started under the RTA Protocol only, the disbursements referred to in paragraph (1) are also the cost of—
an engineer’s report; and
a search of the records of the—
Driver Vehicle Licensing Authority; and
Motor Insurance Database.
If it considers that there are exceptional circumstances making it appropriate to do so, the court will consider a claim for an amount of costs (excluding disbursements) which is greater than the fixed recoverable costs referred to in rules 45.29B to 45.29H.
If the court considers such a claim to be appropriate, it may—
summarily assess the costs; or
make an order for the costs to be subject to detailed assessment.
If the court does not consider the claim to be appropriate, it will make an order— and any permitted disbursements only.
if the claim is made by the claimant, for the fixed recoverable costs; or
if the claim is made by the defendant, for a sum which has regard to, but which does not exceed the fixed recoverable costs,
This rule applies where—
costs are assessed in accordance with rule 45.29J(2); and
the court assesses the costs (excluding any VAT) as being an amount which is in a sum less than 20% greater than the amount of the fixed recoverable costs.
The court will make an order for the party who made the claim to be paid the lesser of—
the fixed recoverable costs; and
the assessed costs.
Where— the court may—
the court makes an order for costs in accordance with rule 45.29J(3); or
rule 45.29K applies,
decide not to award the party making the claim the costs of the costs only proceedings or detailed assessment; and
make orders in relation to costs that may include an order that the party making the claim pay the costs of the party defending those proceedings or that assessment.
Subject to paragraph (2), this Section applies to proceedings in the Intellectual Property Enterprise Court.
This Section does not apply where—
the court considers that a party has behaved in a manner which amounts to an abuse of the court’s process; or
the claim concerns the infringement or revocation of a patent or registered design or registered trade mark the validity of which has been certified by a court or by the Comptroller-General of Patents, Designs and Trade Marks in earlier proceedings.
The court will make a summary assessment of the costs of the party in whose favour any order for costs is made. Rules 44.2(8), 44.7(b) and Part 47 do not apply to this Section.
“Scale costs” means the costs set out in Table A and Table B of the Practice Direction supplementing this Part.
Subject to rule 45.32, the court will not order a party to pay total costs of more than—
£50,000 on the final determination of a claim in relation to liability; and
£25,000 on an inquiry as to damages or account of profits.
The amounts in paragraph (1) apply after the court has applied the provision on set off in accordance with rule 44.12(a).
The maximum amount of scale costs that the court will award for each stage of the claim is set out in Practice Direction 45.
The amount of the scale costs awarded by the court in accordance with paragraph (3) will depend on the nature and complexity of the claim.
Subject to assessment where appropriate, the following may be recovered in addition to the amount of the scale costs set out in Practice Direction 45 – Fixed Costs—
court fees;
costs relating to the enforcement of any court order; and
wasted costs.
Where appropriate, VAT may be recovered in addition to the amount of the scale costs and any reference in this Section to scale costs is a reference to those costs net of any such VAT.
Costs awarded to a party under rule 63.26(2) are in addition to the total costs that may be awarded to that party under rule 45.31.
This Section sets out the amounts which, unless the court orders otherwise, are to be allowed in respect of HM Revenue and Customs charges in the cases to which this Section applies.
For the purpose of this Section—
“HMRC Officer” means a person appointed by the Commissioners under section 2 of the Commissioners for Revenue and Customs Act 2005 and authorised to conduct County Court proceedings for recovery of debt under section 25(1A) of that Act;
“Commissioners” means commissioners for HMRC appointed under section 1 of the Commissioners for Revenue and Customs Act 2005;
“debt” means any sum payable to the Commissioners under or by virtue of an enactment or under a contract settlement; and
“HMRC charges” means the fixed costs set out in Tables 7 and 8 in this Section.
HMRC charges must, for the purpose of this Section, be claimed as “legal representative’s costs” on relevant court forms.
This Section applies where the only claim is a claim conducted by an HMRC Officer in the County Court for recovery of a debt and the Commissioners obtain judgment on the claim.
Any appropriate court fee will be allowed in addition to the costs set out in this Section.
The claim form may include a claim for fixed commencement costs.
The amount of fixed commencement costs in a claim to which rule 45.33 applies—
will be calculated by reference to Table 7; and
the amount claimed in the claim form is to be used for determining which claim band in Table 7 applies.
Where—
an HMRC Officer has claimed fixed commencement costs under Rule 45.34; and
judgment is entered in a claim to which rule 45.33 applies, the amount to be included in the judgment for HMRC charges is the total of—
the fixed commencement costs; and
the amount in Table 8 relevant to the value of the claim.
Where— the defendant is not liable for any further costs unless the court orders otherwise.
the only claim is for a specified sum of money; and
the defendant pays the money claimed within 14 days after service of the particulars of claim, together with the fixed commencement costs stated in the claim form,
This Section 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”).
For the purposes of this Section—
Table 9 shows the amount of fast track trial costs which the court may award (whether by summary or detailed assessment).
The court may not award more or less than the amount shown in the table except where—
it decides not to award any fast track trial costs; or
rule 45.39 applies, but the court may apportion the amount awarded between the parties to reflect their respective degrees of success on the issues at trial.
Where the only claim is for the payment of money—
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—
interest and costs; and
any reduction made for contributory negligence ; and
for the purpose of quantifying fast track trial costs awarded to a defendant, the value of the claim is—
the amount specified in the claim form (excluding interest and costs);
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
more than £15,000, if the claim form states that the claimant cannot reasonably say how much is likely to be recovered.
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.
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— unless the court orders otherwise.
the value of the money claim decided in accordance with paragraph (3); or
the deemed value of the other remedy decided in accordance with paragraph (4),
Where— 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.
a defendant has made a counterclaim against the claimant;
the counterclaim has a higher value than the claim; and
the claimant succeeds at trial both on the claim and the counterclaim,
This rule sets out when a court may award—
an additional amount to the amount of fast track trial costs shown in Table 9 in rule 45.38(1); or
less than those amounts.
If— the court may award an additional £345 in respect of the legal representative’s attendance at the trial.
in addition to the advocate, a party’s legal representative attends the trial;
the court considers that it was necessary for a legal representative to attend to assist the advocate; and
the court awards fast track trial costs to that party,
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.
The additional amount the court may award under paragraph (3) will not exceed two-thirds of the amount payable for that claim, subject to a minimum award of £485.
Where the party to whom fast track trial costs are to be awarded is a litigant in person, the court will award—
if the litigant in person can prove financial loss, two-thirds of the amount that would otherwise be awarded; or
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 Practice Direction 46.
Where a defendant has made a counterclaim against the claimant, and— the court will quantify the amount of the award of fast track trial costs to which— and make one award of the difference, if any, to the party entitled to the higher award of costs.
the claimant has succeeded on his claim; and
the defendant has succeeded on his counterclaim,
but for the counterclaim, the claimant would be entitled for succeeding on his claim; and
but for the claim, the defendant would be entitled for succeeding on his counterclaim,
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.
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.
Where the same advocate is acting for more than one party—
the court may make only one award in respect of fast track trial costs payable to that advocate; and
the parties for whom the advocate is acting are jointly entitled to any fast track trial costs awarded by the court.
Where— 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).
the same advocate is acting for more than one claimant; and
each claimant has a separate claim against the defendant,
The value of the claim in the circumstances mentioned in paragraph (2) or (5) is— and in either case, quantified in accordance with rule 45.38(3);
where the only claim of each claimant is for the payment of money—
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
if the award is in favour of the defendant, the total amount claimed by the claimants,
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
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—
more than £3,000 but not more than £10,000; or
if greater, the value of the money claims calculated in accordance with subparagraph (a) above.
Where— the court may award fast track trial costs to each party who is separately represented.
there is more than one defendant; and
any or all of the defendants are separately represented,
Where— the court may make only one award to the defendant of fast track trial costs, for which the claimants are jointly and severally liable.
there is more than one claimant; and
a single defendant,
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.
(Rule 52.19A makes provision in relation to costs of an appeal.) The Aarhus Convention is available on the UNECE website at https://www.unece.org/env/pp/welcome.html.)
This section provides for the costs which are to be recoverable between the parties in Aarhus Convention claims.
In this Section—
“Aarhus Convention claim” means a claim brought by one or more members of the public—
by judicial review or review under statute which challenges the legality of any decision, act or omission of a body exercising public functions, and which is within the scope of Article 9(1) or 9(2) of the UNECE Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters done at Aarhus, Denmark on 25 June 1998 (“the Aarhus Convention”); or
by judicial review which challenges the legality of any such decision, act or omission and which is within the scope of Article 9(3) of the Aarhus Convention;
references to a member or members of the public are to be construed in accordance with the Aarhus Convention.
This Section does not apply to appeals other than appeals brought under section 289(1) of the Town and Country Planning Act 1990 or section 65(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990, which are for the purposes of this Section to be treated as reviews under statute.
Subject to paragraph (2), rules 45.43 to 45.45 apply where a claimant who is a member of the public has—
stated in the claim form that the claim is an Aarhus Convention claim; and
filed and served with the claim form a schedule of the claimant’s financial resources, which is verified by a statement of truth and provides details of—
the claimant’s significant assets, liabilities, income and expenditure; and
in relation to any financial support which any person has provided or is likely to provide to the claimant, the aggregate amount which has been provided and which is likely to be provided.
Subject to paragraph (3), rules 45.43 to 45.45 do not apply where the claimant has stated in the claim form that although the claim is an Aarhus Convention claim, the claimant does not wish those rules to apply.
If there is more than one claimant, rules 45.43 to 45.45 do not apply in relation to the costs payable by or to any claimant who has not acted as set out in paragraph (1), or who has acted as set out in paragraph (2), or who is not a member of the public.
Subject to rules 45.42 and 45.45, a claimant or defendant in an Aarhus Convention claim may not be ordered to pay costs exceeding the amounts in paragraph (2) or (3) or as varied in accordance with rule 45.44.
For a claimant the amount is—
£5,000 where the claimant is claiming only as an individual and not as, or on behalf of, a business or other legal person;
£10,000 in all other cases.
For a defendant the amount is £35,000.
In an Aarhus Convention claim with multiple claimants or multiple defendants, the amounts in paragraphs (2) and (3) (subject to any direction of the court under rule 45.44) apply in relation to each such claimant or defendant individually and may not be exceeded, irrespective of the number of receiving parties.
(Rule 39.2(3)(c) makes provision for a hearing (or any part of it) to be in private if it involves confidential information (including information relating to personal financial matters) and publicity would damage that confidentiality.)
The court may vary the amounts in rule 45.43 or may remove altogether the limits on the maximum costs liability of any party in an Aarhus Convention claim.
The court may vary such an amount or remove such a limit only on an application made in accordance with paragraphs (5) to (7) (“an application to vary”) if satisfied that—
to do so would not make the costs of the proceedings prohibitively expensive for the claimant; and
in the case of a variation which would reduce a claimant’s maximum costs liability or increase that of a defendant, without the variation the costs of the proceedings would be prohibitively expensive for the claimant.
Proceedings are to be considered prohibitively expensive for the purpose of this rule if their likely costs (including any court fees which are payable by the claimant) either—
exceed the financial resources of the claimant; or
are objectively unreasonable having regard to—
the situation of the parties;
whether the claimant has a reasonable prospect of success;
the importance of what is at stake for the claimant;
the importance of what is at stake for the environment;
the complexity of the relevant law and procedure; and
whether the claim is frivolous.
When the court considers the financial resources of the claimant for the purposes of this rule, it must have regard to any financial support which any person has provided or is likely to provide to the claimant.
Subject to paragraph (6), an application to vary must—
if made by the claimant, be made in the claim form and provide the claimant’s reasons why, if the variation were not made, the costs of the proceedings would be prohibitively expensive for the claimant;
if made by the defendant, be made in the acknowledgment of service and provide the defendant’s reasons why, if the variation were made, the costs of the proceedings would not be prohibitively expensive for the claimant; and
be determined by the court at the earliest opportunity.
An application to vary may be made at a later stage if there has been a significant change in circumstances (including evidence that the schedule of the claimant’s financial resources contained false or misleading information) which means that the proceedings would now—
be prohibitively expensive for the claimant if the variation were not made; or
not be prohibitively expensive for the claimant if the variation were made.
An application under paragraph (6) must—
if made by the claimant—
be accompanied by a revised schedule of the claimant’s financial resources or confirmation that the claimant’s financial resources have not changed; and
provide reasons why the proceedings would now be prohibitively expensive for the claimant if the variation were not made; and
if made by the defendant, provide reasons why the proceedings would now not be prohibitively expensive for the claimant if the variation were made.
Where a claimant has complied with rule 45.42(1), and subject to rule 45.42(2) and (3), rule 45.43 will apply unless—
the defendant has in the acknowledgment of service—
denied that the claim is an Aarhus Convention claim; and
set out the defendant’s grounds for such denial; and
the court has determined that the claim is not an Aarhus Convention claim.
Where the defendant denies that the claim is an Aarhus Convention claim, the court must determine that issue at the earliest opportunity.
In any proceedings to determine whether the claim is an Aarhus Convention claim—
if the court holds that the claim is not an Aarhus Convention claim, it will normally make no order for costs in relation to those proceedings;
if the court holds that the claim is an Aarhus Convention claim, it will normally order the defendant to pay the claimant’s costs of those proceedings to be assessed on the standard basis, and that order may be enforced even if this would increase the costs payable by the defendant beyond the amount stated in rule 45.43(3) or any variation of that amount.
(which give the court powers exercisable before commencement of proceedings); or (which give the court power to make an order against a non-party for disclosure of documents, inspection of property etc.).
This paragraph applies where a person applies—
for an order under—
section 33 of the Senior Courts Act 1981; or
section 52 of the County Courts Act 1984,
for an order under—
section 34 of the Senior Courts Act 1981; or
section 53 of the County Courts Act 1984,
The general rule is that the court will award the person against whom the order is sought that person’s costs—
of the application; and
of complying with any order made on the application.
The court may however make a different order, having regard to all the circumstances, including—
the extent to which it was reasonable for the person against whom the order was sought to oppose the application; and
whether the parties to the application have complied with any relevant pre-action protocol.
Where the court is considering whether to exercise its power under section 51 of the Senior Courts Act 1981 (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, that person must—
be added as a party to the proceedings for the purposes of costs only; and
be given a reasonable opportunity to attend a hearing at which the court will consider the matter further.
This rule does not apply—
where the court is considering whether to—
make an order against the Lord Chancellor in proceedings in which the Lord Chancellor has provided legal aid to a party to the proceedings;
make a wasted costs order (as defined in rule 46.8); and
in proceedings to which rule 46.1 applies (pre-commencement disclosure and orders for disclosure against a person who is not a party).
This rule applies where—
a person is or has been a party to any proceedings in the capacity of trustee or personal representative; and
rule 44.5 does not apply.
The general rule is that that person 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.
Where that person is entitled to be paid any of those costs out of the fund or estate, those costs will be assessed on the indemnity basis.
(“Child” and “protected party” have the same meaning as in rule 21.1(2).) (This rule applies to a counterclaim by or on behalf of a child or protected party by virtue of rule 20.3.)
This rule applies to any proceedings where a party is a child or protected party and—
money is ordered or agreed to be paid to, or for the benefit of, that party; or
money is ordered to be paid by that party or on that party’s behalf.
The general rule is that—
the court must order a detailed assessment of the costs payable by, or out of money belonging to, any party who is a child or protected party; and
on an assessment under paragraph (a), the court must also assess any costs payable to that party in the proceedings, unless—
the court has issued a default costs certificate in relation to those costs under rule 47.11; or
the costs are payable in proceedings to which Section II or Section III of Part 45 applies.
The court need not order detailed assessment of costs in the circumstances set out in paragraph (5) or in Practice Direction 46.
Where— the only amount payable by the child or protected party is the amount which the court certifies as payable.
a claimant is a child or protected party; and
a detailed assessment has taken place under paragraph (2)(a),
Where the costs payable comprise only the success fee claimed by the child’s or protected party’s legal representative under a conditional fee agreement or the balance of any payment under a damages based agreement, the court may direct that—
the assessment procedure referred to in rule 46.10 and paragraph 6 of Practice Direction 46 shall not apply; and
such costs be assessed summarily.
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.
The costs allowed under this rule will 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.
The litigant in person shall be allowed— 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;
costs for the same categories of—
work; and
disbursements,
the payments reasonably made by the litigant in person for legal services relating to the conduct of the proceedings; and
the costs of obtaining expert assistance in assessing the costs claim.
The amount of costs to be allowed to the litigant in person for any item of work claimed will be—
where the litigant can prove financial loss, the amount that the litigant can prove to have been lost for time reasonably spent on doing the work; or
where the litigant cannot prove financial loss, an amount for the time reasonably spent on doing the work at the rate set out in Practice Direction 46.
A litigant who is allowed costs for attending at court to conduct the case is not entitled to a witness allowance in respect of such attendance in addition to those costs.
For the purposes of this rule, a litigant in person includes—
a company or other corporation which is acting without a legal representative; and
any of the following who acts in person (except where any such person is represented by a firm in which that person is a partner)—
a barrister;
a solicitor;
a solicitor’s employee;
a manager of a body recognised under section 9 of the Administration of Justice Act 1985 ; or
a person who, for the purposes of the 2007 Act, is an authorised person in relation to an activity which constitutes the conduct of litigation (within the meaning of that Act).
(Part 19 sets out rules about group litigation.)
This rule applies where the court has made a Group Litigation Order (“GLO”).
In this rule—
Unless the court orders otherwise, any order for common costs against group litigants imposes on each group litigant several liability for an equal proportion of those common costs.
The general rule is that a group litigant who is the paying party will, in addition to any liability to pay the receiving party, be liable for—
the individual costs of that group litigant’s claim; and
an equal proportion, together with all the other group litigants, of the common costs.
Where the court makes an order about costs in relation to any application or hearing which involved— 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.
one or more GLO issues; and
issues relevant only to individual claims,
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.
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.
Where the court makes an order under section 194(3) of the 2007 Act— of a sum equivalent to all or part of the costs the paying party would have been ordered to pay to the party with pro bono representation in respect of that representation had it not been provided free of charge.
the court may order the payment to the prescribed charity of a sum no greater than the costs specified in Part 45 to which the party with pro bono representation would have been entitled in accordance with that Part and in respect of that representation had it not been provided free of charge; or
where Part 45 does not apply, the court may determine the amount of the payment (other than a sum equivalent to fixed costs) to be made by the paying party to the prescribed charity by—
making a summary assessment; or
making an order for detailed assessment,
Where the court makes an order under section 194(3) of the 2007 Act, the order must direct that the payment by the paying party be made to the prescribed charity.
The receiving party must send a copy of the order to the prescribed charity within 7 days of receipt of the order.
Where the court considers making or makes an order under section 194(3) of the 2007 Act, Parts 44 to 47 apply, where appropriate, with the following modifications—
references to “costs orders”, “orders about costs” or “orders for the payment of costs” are to be read, unless otherwise stated, as if they refer to an order under section 194(3);
references to “costs” are to be read as if they referred to a sum equivalent to the costs that would have been claimed by, incurred by or awarded to the party with pro bono representation in respect of that representation had it not been provided free of charge; and
references to “receiving party” are to be read, as meaning a party who has pro bono representation and who would have been entitled to be paid costs in respect of that representation had it not been provided free of charge.
This rule applies where the court is considering whether to make an order under section 51(6) of the Senior Courts Act 1981 (court’s power to disallow or (as the case may be) order a legal representative to meet, “wasted costs”).
The court will give the legal representative a reasonable opportunity to make written submissions or, if the legal representative prefers, to attend a hearing before it makes such an order.
When the court makes a wasted costs order, it will—
specify the amount to be disallowed or paid; or
direct a costs judge or a District Judge to decide the amount of costs to be disallowed or paid.
The court may direct that notice must be given to the legal representative’s client, in such manner as the court may direct—
of any proceedings under this rule; or
of any order made under it against his legal representative.
This rule applies to every assessment of a solicitor’s bill to a 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 or by the Lord Chancellor under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
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.
Subject to paragraph (2), costs are to be assessed on the indemnity basis but are to be presumed—
to have been reasonably incurred if they were incurred with the express or implied approval of the client;
to be reasonable in amount if their amount was expressly or impliedly approved by the client;
to have been unreasonably incurred if—
they are of an unusual nature or amount; and
the solicitor did not tell the client that as a result the costs might not be recovered from the other party.
Where the court is considering a percentage increase 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.
This rule sets out the procedure to be followed where the court has made an order under Part III of the Solicitors Act 1974 for the assessment of costs payable to a solicitor by the solicitor’s client.
The solicitor must serve a breakdown of costs within 28 days of the order for costs to be assessed.
The client must serve points of dispute within 14 days after service on the client of the breakdown of costs.
The solicitor must serve any reply within 14 days of service on the solicitor of the points of dispute.
Either party may file a request for a hearing date—
after points of dispute have been served; but
no later than 3 months after the date of the order for the costs to be assessed.
This procedure applies subject to any contrary order made by the court.
Part 27 (small claims) and Part 45 Section VI (fast track trial costs) contain special rules about—
liability for costs;
the amount of costs which the court may award; and
the procedure for assessing costs.
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.
Where the court— 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.
assesses costs in relation to a claim which—
has been allocated to the fast track; and
settles before the start of the trial; and
is considering the amount of costs to be allowed in respect of a party’s advocate for preparing for the trial,
When deciding the amount to be allowed in respect of the advocate’s costs, the court will have regard to—
when the claim was settled; and
when the court was notified that the claim had settled.
In this rule, “advocate” and “fast track trial costs” have the meanings given to them by Part 45 Section VI .
Any costs orders made before a claim is allocated will not be affected by allocation.
Where— then unless the court orders otherwise, any special rules about costs applying—
claim is allocated to a track; and
the court subsequently re-allocates that claim to a different track,
to the first track, will apply to the claim up to the date of re-allocation; and
to the second track, will apply from the date of re-allocation.
Where the court is assessing costs on the standard basis of a claim which concluded without being allocated to a track, it may restrict those costs to costs that would have been allowed on the track to which the claim would have been allocated if allocation had taken place.
This rule applies where—
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
they have failed to agree the amount of those costs; and
no proceedings have been started.
Where this rule applies, the procedure set out in this rule must be followed.
Proceedings under this rule are commenced by issuing a claim form in accordance with Part 8.
The claim form must contain or be accompanied by the agreement or confirmation.
In proceedings to which this rule applies the court may make an order for the payment of costs the amount of which is to be determined by assessment and/or, where appropriate, for the payment of fixed costs.
Where this rule applies but the procedure set out in this rule has not been followed by a party—
that party will not be allowed costs greater than those that would have been allowed to that party had the procedure been followed; and
the court may award the other party the costs of the proceedings up to the point where an order for the payment of costs is made.
Rule 44.5 (amount of costs where costs are payable pursuant to a contract) does not apply to claims started under the procedure in this rule.
(Section 87 of the 2015 Act applies to judicial review proceedings in the High Court and Court of Appeal.) (Rule 54.17 makes provision for any person to be able to apply for permission to file evidence or make representations at the hearing of a judicial review.)
In this rule the terms “intervener” and “relevant party” have the same meaning as in section 87 of the Criminal Justice and Courts Act 2015 (“the 2015 Act”).
A relevant party may apply to the court for an order for an intervener to pay costs in accordance with section 87 of the 2015 Act.
(Rule 3.19 makes provision for orders limiting the amount of future costs (including disbursements) which a party may recover pursuant to an order for costs subsequently made.)
For the purposes of this Section—
“judicial review costs capping order” means a costs capping order made by the High Court or the Court of Appeal in accordance with sections 88, 89 and 90 of the 2015 Act; and
“the 2015 Act” means the Criminal Justice and Courts Act 2015.
This Section does not apply to a costs capping order under rule 3.19.
An application for a judicial review costs capping order must—
be made on notice and, subject to paragraphs (2) and (3), in accordance with Part 23; and
be supported by evidence setting out—
why a judicial review costs capping order should be made, having regard, in particular, to the matters at subsections (6) to (8) of section 88 of the 2015 Act and subsection (1) of section 89 of that Act;
a summary of the applicant’s financial resources;
the costs (and disbursements) which the applicant considers the parties are likely to incur in the future conduct of the proceedings; and
if the applicant is a body corporate, whether it is able to demonstrate that it is likely to have financial resources available to meet liabilities arising in connection with the proceedings.
Subject to paragraph (3), the applicant must serve a copy of the application notice and copies of the supporting documents on every other party.
On application by the applicant, the court may dispense with the need for the applicant to serve the evidence setting out a summary of the applicant’s financial resources on one or more of the parties.
The court may direct the applicant to provide additional information or evidence to support its application.
If the applicant is a body corporate, and the evidence supporting its application in accordance with rule 46.17(1)(b)(iv) sets out that it is unable to demonstrate that it is likely to have financial resources available to meet liabilities arising in connection with the proceedings, the court must consider giving directions for the provision of information about the applicant’s members and their ability to provide financial support for the purposes of the proceedings.
An application to vary a judicial review costs capping order must be made on notice and, subject to paragraphs (2) and (3), in accordance with Part 23.
Subject to paragraph (3), the applicant must serve a copy of the application notice and copies of any supporting documents on every other party.
If the application is supported by evidence setting out a summary of the applicant’s financial resources, the court may, on application by the applicant, dispense with the need for the applicant to serve such evidence on one or more of the parties.
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. (Practice Direction 47 gives further guidance about when proceedings are concluded for the purpose of this rule.)
Detailed assessment is not stayed pending an appeal unless the court so orders.
(Practice Direction 47 sets out the relevant procedure.)
An authorised court officer has all the powers of the court when making a detailed assessment, except—
power to make a wasted costs order as defined in rule 46.8;
power to make an order under—
rule 44.11 (powers in relation to misconduct);
rule 47.8 (sanction for delay in commencing detailed assessment proceedings);
paragraph (2) (objection to detailed assessment by authorised court officer); and
power to make a detailed assessment of costs payable to a solicitor by that solicitor’s client, unless the costs are being assessed under rule 46.4 (costs where money is payable to a child or protected party).
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.
(Practice Direction 47 sets out the meaning of “appropriate office” in any particular case) (Rule 30.2 makes provision for the transfer within the County Court of proceedings for detailed assessment of costs.)
All applications and requests in detailed assessment proceedings must be made to or filed at the appropriate office.
The court may direct that the appropriate office is to be the Costs Office.
In the County Court, a court may direct that another County Court hearing centre is to be the appropriate office.
A direction under paragraph (3) may be made without proceedings being transferred to that court.
This Section of Part 47 applies where a cost officer is to make a detailed assessment of—
costs which are payable by one party to another; or
the sum which is payable by one party to the prescribed charity pursuant to an order under section 194(3) of the 2007 Act.
(Rule 47.7 sets out the period for commencing detailed assessment proceedings.) ( Practice Direction 47 deals with— (Paragraphs 7B.2 to 7B.7 of the Practice Direction - Civil Recovery Proceedings contain provisions about detailed assessment of costs in relation to civil recovery orders.)
Detailed assessment proceedings are commenced by the receiving party serving on the paying party—
notice of commencement in the relevant practice form; ...
a copy or copies of the bill of costs, as required by Practice Direction 47; and
if required by Practice Direction 47, a breakdown of the costs claimed for each phase of the proceedings
The receiving party must also serve a copy of the notice of commencement , the bill and, if required by Practice Direction 47, the breakdown on any other relevant persons specified in Practice Direction 47.
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 following table shows the period for commencing detailed assessment proceedings.
Where the receiving party fails to commence detailed assessment proceedings within the period specified— 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.
in rule 47.7; or
by any direction of the court,
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.
If— the court may disallow all or part of the interest otherwise payable to the receiving party under— but will not impose any other sanction except in accordance with rule 44.11 (powers in relation to misconduct).
the paying party has not made an application in accordance with paragraph (1); and
the receiving party commences the proceedings later than the period specified in rule 47.7,
section 17 of the Judgments Act 1838; or
section 74 of the County Courts Act 1984,
Where the costs to be assessed in a detailed assessment are payable out of the Community 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 Legal Services Commission.
Where the costs to be assessed in a detailed assessment are payable by the Lord Chancellor under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, this rule applies as if the receiving party were the solicitor to whom the costs are payable and the paying party were the Lord Chancellor.
(Practice Direction 47 sets out requirements about the form of points of dispute.) (Section IV of this Part sets out the procedure to be followed after points of dispute have been served.)
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—
the receiving party; and
every other party to the detailed assessment proceedings.
The period for serving points of dispute is 21 days after the date of service of the notice of commencement.
If a party serves points of dispute after the period set out in paragraph (2), that party may not be heard further in the detailed assessment proceedings unless the court gives permission.
The receiving party may file a request for a default costs certificate if—
the period set out in paragraph (2) for serving points of dispute has expired; and
the receiving party has not been served with any points of dispute.
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.
(Rule 47.16 and rule 47.17 contain further provisions about interim and final costs certificates respectively)
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.
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.
( Practice Direction 47 deals with the procedure by which the receiving party may obtain a default costs certificate.)
Where the receiving party is permitted by rule 47.9 to obtain a default costs certificate, that party does so by filing a request in the relevant practice form.
A default costs certificate will include an order to pay the costs to which it relates.
Where a receiving party obtains a default costs certificate, the costs payable to that party for the commencement of detailed assessment proceedings will be the sum set out in Practice Direction 47.
A receiving party who obtains a default costs certificate in detailed assessment proceedings pursuant to an order under section 194(3) of the 2007 Act must send a copy of the default costs certificate to the prescribed charity.
(Practice Direction 47 contains further details about the procedure for setting aside a default costs certificate and the matters which the court must take into account)
The court will set aside a default costs certificate if the receiving party was not entitled to it.
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.
Where the court sets aside or varies a default costs certificate in detailed assessment proceedings pursuant to an order under section 194(3) of the Legal Services Act 2007, the receiving party must send a copy of the order setting aside or varying the default costs certificate to the prescribed charity.
(Practice Direction 47 sets out the meaning of “reply”.)
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.
The receiving party may do so within 21 days after being served with the points of dispute to which the reply relates.
(Practice Direction 47 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.)
Where points of dispute are served in accordance with this Part, the receiving party must file a request for a detailed assessment hearing within 3 months of the expiry of the period for commencing detailed assessment proceedings as specified—
in rule 47.7; or
by any direction of the court.
Where the receiving party fails to file a request in accordance with paragraph (1), the paying party may apply for an order requiring the receiving party to file the request within such time as the court may specify.
On an application under paragraph (2), 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.
If— the court may disallow all or part of the interest otherwise payable to the receiving party under— but will not impose any other sanction except in accordance with rule 44.11 (powers in relation to misconduct).
the paying party has not made an application in accordance with paragraph (2); and
the receiving party files a request for a detailed assessment hearing later than the period specified in paragraph (1),
section 17 of the Judgments Act 1838; or
section 74 of the County Courts Act 1984,
No party other than— may be heard at the detailed assessment hearing unless the court gives permission.
the receiving party;
the paying party; and
any party who has served points of dispute under rule 47.9,
Only items specified in the points of dispute may be raised at the hearing, unless the court gives permission.
If an assessment is carried out at more than one hearing, then for the purposes of rule 52.12 time for appealing shall not start to run until the conclusion of the final hearing, unless the court orders otherwise.
This rule applies to any detailed assessment proceedings commenced in the High Court or the County Court on or after 1 April 2013 in which the costs claimed are the amount set out in paragraph 14.1 of the practice direction supplementing this Part, or less.
In proceedings to which this rule applies, the parties must comply with the procedure set out in Part 47 as modified by paragraph 14 Practice Direction 47.
The court will undertake a provisional assessment of the receiving party’s costs on receipt of Form N258 and the relevant supporting documents specified in Practice Direction 47.
The provisional assessment will be based on the information contained in the bill and supporting papers and the contentions set out in Precedent G (the points of dispute and any reply).
In proceedings which do not go beyond provisional assessment, the maximum amount the court will award to any party as costs of the assessment (other than the costs of drafting the bill of costs) is £1,500 together with any VAT thereon and any court fees paid by that party.
The court may at any time decide that the matter is unsuitable for a provisional assessment and may give directions for the matter to be listed for hearing. The matter will then proceed under rule 47.14 without modification.
When a provisional assessment has been carried out, the court will send a copy of the bill, as provisionally assessed, to each party with a notice stating that any party who wishes to challenge any aspect of the provisional assessment must, within 21 days of the receipt of the notice, file and serve on all other parties a written request for an oral hearing. If no such request is filed and served within that period, the provisional assessment shall be binding upon the parties, save in exceptional circumstances.
The written request referred to in paragraph (7) must—
identify the item or items in the court’s provisional assessment which are sought to be reviewed at the hearing; and
provide a time estimate for the hearing.
The court then will fix a date for the hearing and give at least 14 days’ notice of the time and place of the hearing to all parties.
Any party which has requested an oral hearing, will pay the costs of and incidental to that hearing unless—
it achieves an adjustment in its own favour by 20% or more of the sum provisionally assessed; or
the court otherwise orders.
in detailed assessment proceedings pursuant to an order under section 194(3) of the 2007 Act, the receiving party must send a copy of the interim costs certificate or the order amending or cancelling the interim costs certificate to the prescribed charity.
The court may at any time after the receiving party has filed a request for a detailed assessment hearing –
issue an interim costs certificate for such sum as it considers appropriate; or
amend or cancel an interim certificate.
An interim certificate will include an order to pay the costs to which it relates, unless the court orders otherwise.
The court may order the costs certified in an interim certificate to be paid into court.
Where the court –
issues an interim costs certificate; or
amends or cancels an interim certificate,
(Practice Direction 47 deals with the form of a final costs certificate.)
In this rule a “completed bill” means a bill calculated to show the amount due following the detailed assessment of the costs.
The period for filing the completed bill is 14 days after the end of the detailed assessment hearing.
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.
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.
A final costs certificate will include an order to pay the costs to which it relates, unless the court orders otherwise.
Where the court issues a final costs certificate in detailed assessment proceedings pursuant to an order under section 194(3) of the 2007 Act, the receiving party must send a copy of the final costs certificate to the prescribed charity.
Where the court is to assess costs of a LSC funded client , an assisted person or a person to whom legal aid is provided which are payable out of the Community Legal Services Fund or by the Lord Chancellor under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, that person’s solicitor may commence detailed assessment proceedings by filing a request in the relevant practice form.
A request under paragraph (1) must be filed within 3 months after the date when the right to detailed assessment arose.
The solicitor must also serve a copy of the request for detailed assessment on the LSC funded client , the assisted person or the person to whom legal aid is provided, if notice of that person’s interest has been given to the court in accordance with community legal service or legal aid regulations.
Where the solicitor has certified that the LSC funded client or that person wishes to attend an assessment hearing, the court will, on receipt of the request for assessment, fix a date for the assessment hearing.
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.
After the court has provisionally assessed the bill, it will return the bill to the solicitor.
The court will fix a date for an assessment hearing if the solicitor informs the court, within 14 days after receiving the provisionally assessed bill, that the solicitor wants the court to hold such a hearing.
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.
A request under paragraph (1) must be filed within 3 months after the date when the right to detailed assessment arose.
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.
The court will, on receipt of the request for assessment, provisionally assess the costs without the attendance of the receiving party, unless the court considers that a hearing is necessary.
After the court has provisionally assessed the bill, it will return the bill to the receiving party.
The court will fix a date for an assessment hearing if the receiving party informs the court, within 14 days after receiving the provisionally assessed bill, that the receiving party wants the court to hold such a hearing.
The receiving party is entitled to the costs of the detailed assessment proceedings except where—
the provisions of any Act, any of these Rules or any relevant practice direction provide otherwise; or
the court makes some other order in relation to all or part of the costs of the detailed assessment proceedings.
Paragraph (1) does not apply where the receiving party has pro bono representation in the detailed assessment proceedings but that party may apply for an order in respect of that representation under section 194(3) of the 2007 Act.
In deciding whether to make some other order, the court must have regard to all the circumstances, including—
the conduct of all the parties;
the amount, if any, by which the bill of costs has been reduced; and
whether it was reasonable for a party to claim the costs of a particular item or to dispute that item.
The provisions of Part 36 apply to the costs of detailed assessment proceedings with the following modifications—
“claimant” refers to “receiving party” and “defendant” refers to “paying party”;
“trial” refers to “detailed assessment hearing”;
a detailed assessment hearing is “in progress” from the time when it starts until the bill of costs has been assessed or agreed;
for rule 36.14(7) substitute “If such sum is not paid within 14 days of acceptance of the offer, or such other period as has been agreed, the receiving party may apply for a final costs certificate for the unpaid sum.”;
a reference to “judgment being entered” is to the completion of the detailed assessment, and references to a “judgment” being advantageous or otherwise are to the outcome of the detailed assessment.
The court will usually summarily assess the costs of detailed assessment proceedings at the conclusion of those proceedings.
Unless the court otherwise orders, interest on the costs of detailed assessment proceedings will run from the date of default, interim or final costs certificate, as the case may be.
For the purposes of rule 36.17, detailed assessment proceedings are to be regarded as an independent claim.
Any party to detailed assessment proceedings may appeal against a decision of an authorised court officer in those proceedings.
An appeal against a decision of an authorised court officer lies to a costs judge or a District Judge of the High Court.
The appellant must file an appeal notice within 21 days after the date of the decision against which it is sought to appeal.
On receipt of the appeal notice, the court will—
serve a copy of the notice on the parties to the detailed assessment proceedings; and
give notice of the appeal hearing to those parties.
On an appeal from an authorised court officer the court will—
re-hear the proceedings which gave rise to the decision appealed against; and
make any order and give any directions as it considers appropriate.
The rules in this Part apply to appeals to—
the civil division of the Court of Appeal;
the High Court; and
the County Court.
This Part does not apply to an appeal in detailed assessment proceedings against a decision of an authorised court officer.
In this Part—
“appeal” includes an appeal by way of case stated;
“appeal court” means the court to which an appeal is made;
“lower court” means the court, tribunal or other person or body from whose decision an appeal is brought;
“appellant” means a person who brings or seeks to bring an appeal;
“respondent” means—
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
a person who is permitted by the appeal court to be a party to the appeal; and
“appeal notice” means an appellant’s or respondent’s notice.
This Part is subject to any rule, enactment or practice direction which sets out special provisions with regard to any particular category of appeal.
All parties to an appeal must comply with Practice Directions 52A to 52E.
(Other enactments may provide that permission is required for particular appeals.) (Rule 52.12 sets out the time limits for filing an appellant’s notice at the appeal court. Rule 52.13 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 52.12(1) and 52.13(3)).)
An appellant or respondent requires permission to appeal—
where the appeal is from a decision of a judge in the County Court or the High Court, or to the Court of Appeal from a decision of a judge in the family court, except where the appeal is against—
a committal order;
a refusal to grant habeas corpus; or
a secure accommodation order made under section 25 of the Children Act 1989 or section 119 of the Social Services and Well-being (Wales) Act 2014; or
as provided by Practice Directions 52A to 52E.
An application for permission to appeal may be made—
to the lower court at the hearing at which the decision to be appealed was made; or
to the appeal court in an appeal notice.
Where the lower court refuses an application for permission to appeal—
a further application for permission may be made to the appeal court; and
the order refusing permission must specify—
the court to which any further application for permission should be made; and
the level of judge who should hear the application.
Where an application for permission to appeal is made to an appeal court other than the Court of Appeal, the appeal court will determine the application on paper without an oral hearing, unless the court otherwise directs, or as provided for under paragraph (2).
Subject to paragraph (3) and except where a rule or practice direction provides otherwise, where the appeal court, without a hearing, refuses permission to appeal, the person seeking permission may request the decision to be reconsidered at an oral hearing.
Where in the appeal court a judge of the High Court, a Designated Civil Judge or a Specialist Circuit Judge refuses permission to appeal without an oral hearing and considers that the application is totally without merit, the judge may make an order that the person seeking permission may not request the decision to be reconsidered at an oral hearing.
For the purposes of paragraph (3), “Specialist Circuit Judge” means any Circuit Judge in the County Court nominated to hear cases in the Circuit Commercial, Chancery or Technology and Construction Court lists.
Rule 3.3(5) (party able to apply to set aside, etc., a decision made of court’s own initiative) does not apply to an order made under paragraph (3) that the person seeking permission may not request the decision to be reconsidered at an oral hearing.
A request under paragraph (2) must be filed within 7 days after service of the notice that permission has been refused.
Where an application for permission to appeal is made to the Court of Appeal, the Court of Appeal will determine the application on paper without an oral hearing, except as provided for under paragraph (2).
The judge considering the application on paper may direct that the application be determined at an oral hearing, and must so direct if the judge is of the opinion that the application cannot be fairly determined on paper without an oral hearing.
An oral hearing directed under paragraph (2) must be listed— unless the court directs otherwise.
no later than 14 days from the date of the direction under that paragraph; and
before the judge who made that direction,
The Court of Appeal may, in any direction under paragraph (2)—
identify any issue or issues on which the party seeking permission should specifically focus its submissions at the oral hearing in order to assist the court to determine the application; and
direct the respondent to serve and file written submissions and to attend the oral hearing.
(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.)
Except where rule 52.7 applies, permission to appeal may be given only where—
the court considers that the appeal would have a real prospect of success; or
there is some other compelling reason for the appeal to be heard.
An order giving permission under this rule or under rule 52.7 may—
limit the issues to be heard; and
be made subject to conditions.
Permission is required from the Court of Appeal for any appeal to that court from a decision of the County Court, the family court or the High Court which was itself made on appeal, or a decision of the Upper Tribunal which was made on appeal from a decision of the First-tier Tribunal on a point of law where the Upper Tribunal has refused permission to appeal to the Court of Appeal.
The Court of Appeal will not give permission unless it considers that—
the appeal would—
have a real prospect of success; and
raise an important point of principle or practice; or
there is some other compelling reason for the Court of Appeal to hear it.
Where permission to apply for judicial review has been refused at a hearing in the High Court, an application for permission to appeal may be made to the Court of Appeal.
Where permission to apply for judicial review of a decision of the Upper Tribunal has been refused by the High Court on the papers or where permission to apply for judicial review has been refused on the papers and recorded as being totally without merit in accordance with rule 23.12, an application for permission to appeal may be made to the Court of Appeal.
An application under 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.
An application under paragraph (2) must be made within 7 days of service of the order of the High Court refusing permission to apply for judicial review.
On an application under paragraph (1) or (2), the Court of Appeal may, instead of giving permission to appeal, give permission to apply for judicial review.
Where the Court of Appeal gives permission to apply for judicial review in accordance with paragraph (5), the case will proceed in the High Court unless the Court of Appeal orders otherwise.
Where permission to bring judicial review proceedings has been refused by the Upper Tribunal at a hearing and permission to appeal has been refused by the Upper Tribunal, an application for permission to appeal may be made to the Court of Appeal.
Where an application for permission to bring judicial review proceedings has been determined by the Upper Tribunal on the papers and recorded as being totally without merit and permission to appeal has been refused by the Upper Tribunal, an application for permission to appeal may be made to the Court of Appeal.
An application under this rule to the Court of Appeal must be made within 7 days of—
the decision of the Upper Tribunal refusing permission to appeal to the Court of Appeal, where that decision was made at a hearing; or
service of the order of the Upper Tribunal refusing permission to appeal to the Court of Appeal, where the decision to refuse permission was made on the papers.
Where permission to apply for a planning statutory review has been refused at a hearing in the High Court, an application for permission to appeal may be made to the Court of Appeal. (See Part 8 and Practice Direction 8C.)
Where permission to apply for a planning statutory review has been refused by the High Court on the papers and recorded as totally without merit in accordance with rule 23.12, an application for permission to appeal may be made to the Court of Appeal.
An application under paragraph (1) must be made within 7 days of the decision of the High Court to refuse to give permission to apply for a planning statutory review.
An application under paragraph (2) must be made within 7 days of service of the order of the High Court refusing permission to apply for a planning statutory review.
On an application under paragraph (1) or (2) the Court of Appeal may, instead of giving permission to appeal, give permission to apply for a planning statutory review.
Where the Court of Appeal gives permission to apply for a planning statutory review in accordance with paragraph (5), the case will proceed in the High Court unless the Court of Appeal orders otherwise.
the appellant may apply to the Court of Appeal for permission to appeal. as the case may be.
Where on an appeal to the Employment Appeal Tribunal either—
the appellant or special advocate has been given notice under rule 3(7) of the Employment Appeal Tribunal Rules 1993 (“the 1993 Rules”) and an order has been made under rule 3(7ZA) of those Rules; or
a direction has been made under rule 3(10) of the 1993 Rules that no further action shall be taken on the notice of appeal,
An application under paragraph (1) must be made within 7 days of the date of—
service of the notice under rule 3(7) of the 1993 Rules; or
the direction made under rule 3(10) of those Rules,
The Court of Appeal may, instead of giving permission to appeal, direct that the notice under rule 3(7) of the 1993 Rules or (as the case may be) the direction under rule 3(10) of those Rules shall be of no effect so that the appeal shall proceed in the Employment Appeal Tribunal as if the notice or direction had not been given or made, but such a direction shall not be given unless the test for the grant of permission to appeal under rule 52.6(2) is met.
after it is filed.
Where the appellant seeks permission from the appeal court, it must be requested in the appellant’s notice.
The appellant must file the appellant’s notice at the appeal court within—
such period as may be directed by the lower court (which may be longer or shorter than the period referred to in sub-paragraph (b)); or
where the court makes no such direction, and subject to the specific provision about time limits in rules 52.8 to 52.11 and Practice Direction 52D, 21 days after the date of the decision of the lower court which the appellant wishes to appeal.
Subject to paragraph (4) and unless the appeal court orders otherwise, an appellant’s notice must be served on each respondent—
as soon as practicable; and
in any event not later than 7 days,
Where an appellant seeks permission to appeal against a decision to refuse to grant an interim injunction under section 41 of the Policing and Crime Act 2009, the appellant is not required to serve the appellant’s notice on the respondent.
must file a respondent’s notice. after it is filed.
A respondent may file and serve a respondent’s notice.
A respondent who—
is seeking permission to appeal from the appeal court; or
wishes to ask the appeal court to uphold the decision of the lower court for reasons different from or additional to those given by the lower court,
Where the respondent seeks permission from the appeal court it must be requested in the respondent’s notice.
A respondent’s notice must be filed within—
such period as may be directed by the lower court; or
where the court makes no such direction, 14 days after the date in paragraph (5).
The date referred to in paragraph (4) is—
the date the respondent is served with the appellant’s notice where—
permission to appeal was given by the lower court; or
permission to appeal is not required;
the date the respondent is served with notification that the appeal court has given the appellant permission to appeal; or
the date the respondent is served with notification that the application for permission to appeal and the appeal itself are to be heard together.
Unless the appeal court orders otherwise, a respondent’s notice must be served on the appellant and any other respondent—
as soon as practicable; and
in any event not later than 7 days,
This rule does not apply where rule 52.12(4) applies.
Subject to paragraph (2), the lower court or the appeal court may direct, on the application of a party to the proceedings, that an official transcript of the judgment of the lower court, or of any part of the evidence or the proceedings in the lower court, be obtained at public expense for the purposes of an appeal.
Before making a direction under paragraph (1), the court must be satisfied that—
the applicant qualifies for fee remission or is otherwise in such poor financial circumstances that the cost of obtaining a transcript would be an excessive burden; and
it is necessary in the interests of justice for such a transcript to be obtained.
(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.)
An application to vary the time limit for filing an appeal notice must be made to the appeal court.
The parties may not agree to extend any date or time set by—
these Rules;
Practice Directions 52A to 52E; or
an order of the appeal court or the lower court.
Unless— an appeal shall not operate as a stay of any order or decision of the lower court.
the appeal court or the lower court orders otherwise; or
the appeal is from the Immigration and Asylum Chamber of the Upper Tribunal,
An appeal notice may not be amended without the permission of the appeal court.
The appeal court may—
strike out the whole or part of an appeal notice;
set aside permission to appeal in whole or in part;
impose or vary conditions upon which an appeal may be brought.
The court will only exercise its powers under paragraph (1) where there is a compelling reason for doing so.
Where a party was present at the hearing at which permission was given, that party may not subsequently apply for an order that the court exercise its powers under sub-paragraphs (1)(b) or (1)(c).
Subject to rule 52.19A, in any proceedings in which costs recovery is normally limited or excluded at first instance, an appeal court may make an order that the recoverable costs of an appeal will be limited to the extent which the court specifies.
In making such an order the court will have regard to—
the means of both parties;
all the circumstances of the case; and
the need to facilitate access to justice.
If the appeal raises an issue of principle or practice upon which substantial sums may turn, it may not be appropriate to make an order under paragraph (1).
An application for such an order must be made as soon as practicable and will be determined without a hearing unless the court orders otherwise.
In this rule, “Aarhus Convention claim” and “prohibitively expensive” have the same meanings as in Section VII of Part 45, and “claimant” means a claimant to whom rules 45.43 to 45.45 apply.
In an appeal against a decision made in an Aarhus Convention claim to which rules 45.43 to 45.45 apply, the court must—
consider whether the costs of the proceedings will be prohibitively expensive for a party who was a claimant; and
if they will be, make an order limiting the recoverable costs to the extent necessary to prevent this.
When the court considers the financial resources of a party for the purposes of this rule, it must have regard to any financial support which any person has provided or is likely to provide to that party.
(Part 3 contains general rules about the court’s case management powers.) 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.
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.)
The appeal court has power to—
affirm, set aside or vary any order or judgment made or given by the lower court;
refer any claim or issue for determination by the lower court;
order a new trial or hearing;
make orders for the payment of interest;
make a costs order.
In an appeal from a claim tried with a jury the Court of Appeal may, instead of ordering a new trial—
make an order for damages; or
vary an award of damages made by the jury.
The appeal court may exercise its powers in relation to the whole or part of an order of the lower court.
If the appeal court—
refuses an application for permission to appeal;
strikes out an appellant’s notice; or
dismisses an appeal,
Where paragraph (5) applies—
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
the court must at the same time consider whether it is appropriate to make a civil restraint order.
Every appeal will be limited to a review of the decision of the lower court unless—
a practice direction makes different provision for a particular category of appeal; or
the court considers that in the circumstances of an individual appeal it would be in the interests of justice to hold a re-hearing.
Unless it orders otherwise, the appeal court will not receive—
oral evidence; or
evidence which was not before the lower court.
The appeal court will allow an appeal where the decision of the lower court was—
wrong; or
unjust because of a serious procedural or other irregularity in the proceedings in the lower court.
The appeal court may draw any inference of fact which it considers justified on the evidence.
At the hearing of the appeal, a party may not rely on a matter not contained in that party’s appeal notice unless the court gives permission.
until all questions (other than costs) have been determined. (Rule 36.4 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, this rule applies to a Part 36 offer whether made in the original proceedings or in the appeal.)
The fact that a Part 36 offer or payment into court has been made must not be disclosed to any judge of the appeal court who is to hear or determine—
an application for permission to appeal; or
an appeal,
Paragraph (1) does not apply if the Part 36 offer or payment into court is relevant to the substance of the appeal.
Paragraph (1) does not prevent disclosure in any application in the appeal proceedings if disclosure of the fact that a Part 36 offer or payment into court has been made is properly relevant to the matter to be decided.
the relevant court may order the appeal to be transferred to the Court of Appeal. (The Master of the Rolls has the separate statutory power to direct that an appeal which would be heard by the 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.)
Where the court from or to which an appeal is made or from which permission to appeal is sought (“the relevant court”) considers that—
an appeal which is to be heard by the County Court or the High Court would raise an important point of principle or practice; or
there is some other compelling reason for the Court of Appeal to hear it,
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.
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. (Section 54(4) of the Access to Justice Act 1999 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 Senior Courts Act 1981 provides that there is no appeal to the Supreme Court from decisions of the Court of Appeal that— and which may be called into question by rules of court. Paragraphs (5) and (6) of this rule provide the procedure for the calling into question of such decisions.)
A court officer assigned to the Civil Appeals Office who is—
a barrister; or
a solicitor
The matters referred to in paragraph (1) are—
any matter incidental to proceedings in the Court of Appeal;
any other matter where there is no substantial dispute between the parties; and
the dismissal of an appeal or application where a party has failed to comply with any order, rule or practice direction.
A court officer may not decide an application for—
permission to appeal;
bail pending an appeal;
an injunction(GL);
a stay(GL) of execution of any order or decision of the lower court other than a temporary stay over a period when the Court of Appeal is not sitting or cannot conveniently be convened;
a stay of proceedings in the lower court.
Decisions of a court officer will be made without an oral hearing, unless a court officer directs otherwise.
A party may request any decision of a court officer to be reviewed by a single judge, and—
the review will be determined on paper without an oral hearing; except that
the judge determining the review on paper may direct that the review be determined at an oral hearing, and must so direct if the judge is of the opinion that the review cannot be fairly determined on paper without an oral hearing.
A party may request a decision of a single judge made without a hearing (other than a decision made on a review under paragraph (5) and a decision determining an application for permission to appeal) to be reconsidered, and—
the reconsideration will be determined by the same or another judge on paper without an oral hearing; except that
the judge determining the reconsideration on paper may direct that the reconsideration be determined at an oral hearing, and must so direct if the judge is of the opinion that the reconsideration cannot be fairly determined on paper without an oral hearing.
A request under paragraph (5) or (6) must be filed within 7 days after the party is served with notice of the decision.
A single judge may refer any matter for a decision by a court consisting of two or more judges.
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
do not involve the determination of an appeal or of an application for permission to appeal,
In a statutory appeal any person may apply for permission—
to file evidence; or
to make representations at the appeal hearing.
An application under paragraph (1) must be made promptly.
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.
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.
The tribunal may, on 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.
may appeal to the High Court against the decision on a point of law. may appeal to the High Court against the decision on a point of law. may appeal to the High Court against the decision on a point of law.
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—
the appellant;
the local planning authority; or
another person having an interest in the land to which the notice relates,
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—
the appellant;
the local planning authority; or
another person (other than the appellant) on whom the notice was served,
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—
the appellant;
the local planning authority; or
any other person having an interest in the land to which the notice relates,
Where an appeal lies to the High Court— the permission of the High Court is required for such an appeal to be brought.
under section 151(4) of the Pension Schemes Act 1993 from a determination or direction of the Pensions Ombudsman; or
under section 217(1) of the Pensions Act 2004 from a determination or direction of the Pension Protection Fund Ombudsman,
The Court of Appeal or the High Court will not reopen a final determination of any appeal unless—
it is necessary to do so in order to avoid real injustice;
the circumstances are exceptional and make it appropriate to reopen the appeal; and
there is no alternative effective remedy.
In paragraphs (1), (3), (4) and (6), “appeal” includes an application for permission to appeal.
This rule does not apply to appeals to the County Court.
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.
There is no right to an oral hearing of an application for permission unless, exceptionally, the judge so directs.
The judge must not grant permission without directing the application to be served on the other party to the original appeal and giving that party an opportunity to make representations.
There is no right of appeal or review from the decision of the judge on the application for permission, which is final.
The procedure for making an application for permission is set out in Practice Direction 52A.
This Part contains rules about defamation claims.
This rule provides for summary disposal in accordance with the Defamation Act 1996 (“the Act”).
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.
An application for summary judgment under Part 24 may not be made if—
an application has been made for summary disposal in accordance with the Act, and that application has not been disposed of; or
summary relief has been granted on an application for summary disposal under the Act.
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.
When it makes a direction under paragraph (4), the court will specify the time by which and the manner in which—
the election is to be made; and
notification of it is to be given to the court and the other parties.
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)
(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)
This Section of this Part contains rules about judicial review.
In this Section—
a “claim for judicial review” means a claim to review the lawfulness of—
an enactment; or
a decision, action or failure to act in relation to the exercise of a public function.
(Repealed)
(Repealed)
(Repealed)
“the judicial review procedure” means the Part 8 procedure as modified by this Section;
“interested party” means any person (other than the claimant and defendant) who is directly affected by the claim; and
“court” means the High Court, unless otherwise stated.
may exercise the jurisdiction of the High Court with regard to the matters set out in paragraph (2) with the consent of the President of the Queen’s Bench Division.
A court officer assigned to the Administrative Court office who is—
a barrister; or
a solicitor,
The matters referred to in paragraph (1) are—
any matter incidental to any proceedings in the High Court;
any other matter where there is no substantial dispute between the parties; and
the dismissal of an appeal or application where a party has failed to comply with any order, rule or practice direction.
A court officer may not decide an application for—
permission to bring judicial review proceedings;
an injunction;
a stay of any proceedings, other than a temporary stay of any order or decision of the lower court over a period when the High Court is not sitting or cannot conveniently be convened, unless the parties seek a stay by consent.
Decisions of a court officer may be made without a hearing.
A party may request any decision of a court officer to be reviewed by a judge of the High Court.
At the request of a party, a hearing will be held to reconsider a decision of a court officer, made without a hearing.
A request under paragraph (5) or (6) must be filed within 7 days after the party is served with notice of the decision.
—The judicial review procedure must be used in a claim for judicial review where the claimant is seeking—
a mandatory order;
a prohibiting order;
a quashing order; or
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).
(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) (Section 31(4) of the Supreme Court Act 1981 sets out the circumstances in which the court may award damages , restitution or the recovery of a sum due on a claim for judicial review)
The judicial review procedure may be used in a claim for judicial review where the claimant is seeking—
a declaration; or
an injunction(gl).
A claim for judicial review may include a claim for damages , restitution or the recovery of a sum due but may not seek such a remedy alone.
The court’s permission to proceed is required in a claim for judicial review whether started under this Section or transferred to the Administrative Court.
In this rule—
The claim form must be filed—
promptly; and
in any event not later than 3 months after the grounds to make the claim first arose.
The time limits in this rule may not be extended by agreement between the parties.
This rule does not apply when any other enactment specifies a shorter time limit for making the claim for judicial review.
Paragraph (1) does not apply in the cases specified in paragraphs (5) and (6).
Where the application for judicial review relates to a decision made by the Secretary of State or local planning authority under the planning acts, the claim form must be filed not later than six weeks after the grounds to make the claim first arose.
Where the application for judicial review relates to a decision governed by the Public Contracts Regulations 2015, the claim form must be filed within the time within which an economic operator would have been required by regulation 92(2) of those Regulations (and disregarding the rest of that regulation) to start any proceedings under those Regulations in respect of that decision.
(Rules 45.41 to 45.44 make provision about costs in Aarhus Convention claims.) (Part 25 sets out how to apply for an interim remedy)
In addition to the matters set out in rule 8.2 (contents of the claim form) the claimant must also state—
the name and address of any person he considers to be an interested party;
that he is requesting permission to proceed with a claim for judicial review; ...
any remedy (including any interim remedy) he is claiming ; and
where appropriate, the grounds on which it is contended that the claim is an Aarhus Convention claim.
The claim form must be accompanied by the documents required by Practice Direction 54A.
The claim form must be served on—
the defendant; and
unless the court otherwise directs, any person the claimant considers to be an interested party, within 7 days after the date of issue.
This rule applies where an application is made, following refusal by the Upper Tribunal of permission to appeal against a decision of the First Tier Tribunal, for judicial review—
of the decision of the Upper Tribunal refusing permission to appeal; or
which relates to the decision of the First Tier Tribunal which was the subject of the application for permission to appeal.
Where this rule applies—
the application may not include any other claim, whether against the Upper Tribunal or not; and
any such other claim must be the subject of a separate application.
The claim form and the supporting documents required by paragraph (4) must be filed no later than 16 days after the date on which notice of the Upper Tribunal’s decision was sent to the applicant.
The supporting documents are—
the decision of the Upper Tribunal to which the application relates, and any document giving reasons for the decision;
the grounds of appeal to the Upper Tribunal and any documents which were sent with them;
the decision of the First Tier Tribunal, the application to that Tribunal for permission to appeal and its reasons for refusing permission; and
any other documents essential to the claim.
The claim form and supporting documents must be served on the Upper Tribunal and any other interested party no later than 7 days after the date of issue.
The Upper Tribunal and any person served with the claim form who wishes to take part in the proceedings for judicial review must, no later than 21 days after service of the claim form, file and serve on the applicant and any other party an acknowledgment of service in the relevant practice form.
The court will give permission to proceed only if it considers—
that there is an arguable case, which has a reasonable prospect of success, that both the decision of the Upper Tribunal refusing permission to appeal and the decision of the First Tier Tribunal against which permission to appeal was sought are wrong in law; and
that either—
the claim raises an important point of principle or practice; or
there is some other compelling reason to hear it.
If the application for permission is refused on paper without an oral hearing, rule 54.12(3) (request for reconsideration at a hearing) does not apply.
If permission to apply for judicial review is granted—
if the Upper Tribunal or any interested party wishes there to be a hearing of the substantive application, it must make its request for such a hearing no later than 14 days after service of the order granting permission; and
if no request for a hearing is made within that period, the court will make a final order quashing the refusal of permission without a further hearing.
The power to make a final order under paragraph (9)(b) may be exercised by the Master of the Crown Office or a Master of the Administrative Court.
(Section 31(3C) of the Senior Courts Act 1981 requires the court, where it is asked to do so by the defendant, to consider whether the outcome for the claimant would have been substantially different if the conduct complained of had not occurred.)
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.
Any acknowledgment of service must be—
filed not more than 21 days after service of the claim form; and
served on— as soon as practicable and, in any event, not later than 7 days after it is filed.
the claimant; and
subject to any direction under rule 54.7(b), any other person named in the claim form,
The time limits under this rule may not be extended by agreement between the parties.
The acknowledgment of service—
must—
where the person filing it intends to contest the claim, set out a summary of his grounds for doing so; and
where the person filing it intends to contest the application for permission on the basis that it is highly likely that the outcome for the claimant would not have been substantially different if the conduct complained of had not occurred, set out a summary of the grounds for doing so; and
state the name and address of any person the person filing it considers to be an interested party; and
may include or be accompanied by an application for directions.
Rule 10.3(2) does not apply.
Where a person served with the claim form has failed to file an acknowledgment of service in accordance with rule 54.8, he—
may not take part in a hearing to decide whether permission should be given unless the court allows him to do so; but
provided he complies with rule 54.14 or any other direction of the court regarding the filing and service of— may take part in the hearing of the judicial review.
detailed grounds for contesting the claim or supporting it on additional grounds; and
any written evidence,
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.
Rule 8.4 does not apply.
Where permission to proceed is given the court may also give directions.
Directions under paragraph (1) may include—
a stay(GL) of proceedings to which the claim relates;
directions requiring the proceedings to be heard by a Divisional Court.
The court will serve— on—
the order giving or refusing permission; and
any certificate (if not included in the order) that permission has been granted for reasons of exceptional public interest in accordance with section 31(3F) of the Senior Courts Act 1981; and
any directions,
the claimant;
the defendant; and
any other person who filed an acknowledgment of service.
This rule applies where the court wishes to hear submissions on—
whether it is highly likely that the outcome for the claimant would not have been substantially different if the conduct complained of had not occurred; and if so
whether there are reasons of exceptional public interest which make it nevertheless appropriate to give permission.
The court may direct a hearing to determine whether to give permission.
The claimant, defendant and any other person who has filed an acknowledgment of service must be given at least 2 days’ notice of the hearing date.
The court may give directions requiring the proceedings to be heard by a Divisional Court.
The court must give its reasons for giving or refusing permission.
This rule applies where the court, without a hearing—
refuses permission to proceed; or
gives permission to proceed—
subject to conditions; or
on certain grounds only.
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.
Subject to paragraph (7), the claimant may not appeal but may request the decision to be reconsidered at a hearing.
A request under paragraph (3) must be filed within 7 days after service of the reasons under paragraph (2).
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.
The court may give directions requiring the proceedings to be heard by a Divisional Court.
Where the court refuses permission to proceed and records the fact that the application is totally without merit in accordance with rule 23.12, the claimant may not request that decision to be reconsidered at a hearing.
Neither the defendant nor any other person served with the claim form may apply to set aside(gl) an order giving permission to proceed.
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— within 35 days after service of the order giving permission.
detailed grounds for contesting the claim or supporting it on additional grounds; and
any written evidence,
The following rules do not apply—
rule 8.5(3) and 8.5(4) (defendant to file and serve written evidence at the same time as acknowledgment of service); and
rule 8.5(5) and 8.5(6) (claimant to file and serve any reply within 14 days).
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.
Rule 8.6 (1) does not apply.
No written evidence may be relied on unless—
it has been served in accordance with any—
rule under this Section; or
direction of the court; or
the court gives permission.
Any person may apply for permission—
to file evidence; or
make representations at the hearing of the judicial review.
An application under paragraph (1) should be made promptly.
The court may decide the claim for judicial review without a hearing where all the parties agree.
This rule applies where the court makes a quashing order in respect of the decision to which the claim relates.
The court may— (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.)
remit the matter to the decision-maker; and
direct it to reconsider the matter and reach a decision in accordance with the judgment of the court; or
in so far as any enactment permits, substitute its own decision for the decision to which the claim relates.
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The court may— (Part 30 (transfer) applies to transfers to and from the Administrative Court)
order a claim to continue as if it had not been started under this Section; and
where it does so, give directions about the future management of the claim.
(Part 30 (Transfer) applies to transfers to and from the Planning Court.)
This Section applies to Planning Court claims.
In this Section, “Planning Court claim” means a judicial review or statutory challenge which —
involves any of the following matters —
planning permission, other development consents, the enforcement of planning control and the enforcement of other statutory schemes;
applications under the Transport and Works Act 1992;
wayleaves;
highways and other rights of way;
compulsory purchase orders;
village greens;
European Union environmental legislation and domestic transpositions, including assessments for development consents, habitats, waste and pollution control;
national, regional or other planning policy documents, statutory or otherwise; or
any other matter the judge appointed under rule 54.22(2) considers appropriate considers appropriate; and
has been issued or transferred to the Planning Court.
The Planning Court claims form a specialist list.
A judge nominated by the President of the Queen’s Bench Division will be in charge of the Planning Court specialist list and will be known as the Planning Liaison Judge.
The President of the Queen’s Bench Division will be responsible for the nomination of specialist planning judges to deal with Planning Court claims which are significant within the meaning of Practice Direction 54E, and of other judges to deal with other Planning Court claims.
These Rules and their practice directions will apply to Planning Court claims unless this section or a practice direction provides otherwise.
Practice Direction 54E makes further provision about Planning Court claims, in particular about the timescales for determining such claims.
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In this Part—
“a possession claim” means a claim for the recovery of possession of land (including buildings or parts of buildings);
“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;
“mortgage” includes a legal or equitable mortgage and a legal or equitable charge and “mortgagee” is to be interpreted accordingly; ...
“the 1985 Act” means the Housing Act 1985;
“the 1988 Act” means the Housing Act 1988;
“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”); ...
“a demoted tenancy” means a tenancy created by virtue of a demotion order ; and
“a suspension claim” means a claim made by a landlord for an order under section 121A of the 1985 Act.
The procedure set out in this Section of this Part must be used where the claim includes— (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).
a possession claim brought by a—
landlord (or former landlord);
mortgagee; or
licensor (or former licensor);
a possession claim against trespassers; or
a claim by a tenant seeking relief from forfeiture.
This Section of this Part
is subject to any enactment or practice direction which sets out special provisions with regard to any particular category of claim; ...
does not apply where the claimant uses the procedure set out in Section II of this Part ; and
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
In the County Court— (Practice Direction 55A includes further direction in respect of claims which are not made at the County Court hearing centre which serves the address where the land is situated.)
the claimant may make the claim at any County Court hearing centre, unless paragraph (2) applies or an enactment provides otherwise;
the claim will be issued by the hearing centre where the claim is made; and
if the claim is not made at the County Court hearing centre which serves the address where the land is situated, the claim will be sent to the hearing centre serving that address when it is issued.
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).
Practice Direction 55A refers to circumstances which may justify starting the claim in the High Court.
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.
The claim form and form of defence sent with it must be in the forms set out in Practice Direction 55A.
The particulars of claim must be filed and served with the claim form. (Part 16 and Practice Direction 55A provide details about the contents of the particulars of claim)
Subject to paragraph (1A), the court will fix a date for the hearing when it issues the claim form.
If the claim is not made at the County Court hearing centre which serves the address where the land is situated, a date will be fixed for hearing when the claim is received by that hearing centre.
In a possession claim against trespassers the defendant must be served with the claim form, particulars of claim and any witness statements—
in the case of residential property, not less than 5 days; and
in the case of other land, not less than 2 days,
In all other possession claims—
the hearing date will be not less than 28 days from the date of issue of the claim form;
the standard period between the issue of the claim form and the hearing will be not more than 8 weeks; and
the defendant must be served with the claim form and particulars of claim not less than 21 days before the hearing date.
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—
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
if practicable, inserting copies of those documents in a sealed transparent envelope addressed to “the occupiers” through the letter box; or
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”.
An acknowledgment of service is not required and Part 10 does not apply.
In a possession claim against trespassers rule 15.2 does not apply and the defendant need not file a defence.
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.
Part 12 (default judgment) does not apply in a claim to which this Part applies.
At the hearing fixed in accordance with rule 55.5(1) or at any adjournment of that hearing, the court may—
decide the claim; or
give case management directions.
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.
Except where— 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.
the claim is allocated to the fast track or the multi-track; or
the court orders otherwise,
Subject to paragraph (5), all witness statements must be filed and served at least 2 days before the hearing.
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.
Where the claimant serves the claim form and particulars of claim, the claimant must produce at the hearing a certificate of service of those documents and rule 6.17(2)(a) does not apply.
When the court decides the track for a possession claim, the matters to which it shall have regard include—
the matters set out in rule 26.8 as modified by the relevant practice direction;
the amount of any arrears of rent or mortgage instalments;
the importance to the defendant of retaining possession of the land; ...
the importance of vacant possession to the claimant ; and
if applicable, the alleged conduct of the defendant
The court will only allocate possession claims to the small claims track if all the parties agree.
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 45.38 (amount of fast track costs) if the value of the claim were up to £3,000.
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.
This rule applies where a mortgagee seeks possession of land which consists of or includes residential property.
Within 5 days of receiving notification of the date of the hearing by the court, the claimant must send a notice to—
the property, addressed to “the tenant or the occupier”; ...
the housing department of the local authority within which the property is located ; and
any registered proprietor (other than the claimant) of a registered charge over the property.
The notice referred to in paragraph (2)(a) must—
state that a possession claim for the property has started;
show the name and address of the claimant, the defendant and the court which issued the claim form; and
give details of the hearing.
The notice referred to in paragraph 2(b) must contain the information in paragraph (3) and must state the full address of the property.
The claimant must produce at the hearing—
a copy of the notices; and
evidence that they have been sent.
An unauthorised tenant of residential property may apply to the court for the order for possession to be suspended.
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.
The practice direction may, in particular—
provide that only particular provisions apply in specific courts;
specify—
the type of possession claim which may be issued electronically;
the conditions that a claim must meet before it may be issued electronically;
specify the court where the claim may be issued;
enable the parties to make certain applications or take further steps in relation to the claim electronically;
specify the requirements that must be fulfilled in relation to such applications or steps;
enable the parties to correspond electronically with the court about the claim;
specify the requirements that must be fulfilled in relation to electronic correspondence;
provide how any fee payable on the filing of any document is to be paid where the document is filed electronically.
The Practice Direction may disapply or modify these Rules as appropriate in relation to possession claims started electronically.
The claimant may bring a possession claim under this Section of this Part where—
the claim is brought under section 21 of the 1988 Act to recover possession of residential property let under an assured shorthold tenancy; and
subject to rule 55.12(2), all the conditions listed in rule 55.12(1) are satisfied.
The claim—
may be brought in any County Court hearing centre; and
will be issued by the hearing centre where it is brought.
In this Section of this Part, a “demoted assured shorthold tenancy” means a demoted tenancy where the landlord is a registered social landlord or a private registered provider of social housing.
The conditions referred to in rule 55.11(1)(b) are that—
the tenancy and any agreement for the tenancy were entered into on or after 15 January 1989;
the only purpose of the claim is to recover possession of the property and no other claim is made;
the tenancy did not immediately follow an assured tenancy which was not an assured shorthold tenancy;
the tenancy fulfilled the conditions provided by section 19A or 20(1)(a) to (c) of the 1988 Act;
the tenancy—
was the subject of a written agreement;
arises by virtue of section 5 of the 1988 Act but follows a tenancy that was the subject of a written agreement; or
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
a notice in accordance with sections 21(1) or 21(4) of the 1988 Act was given to the tenant in writing.
If the tenancy is a demoted assured shorthold tenancy, only the conditions in paragraph (1)(b) and (f) need be satisfied.
The claim form must—
be in the form set out in Practice Direction 55A; and
contain such information; and
be accompanied by such documents,
All relevant sections of the form must be completed.
The court will serve the claim form by first class post (or an alternative service which provides for delivery on the next working day).
A defendant who wishes to—
oppose the claim; or
seek a postponement of possession in accordance with rule 55.18,
The defence should be in the form set out in Practice Direction 55A.
On receipt of the defence the court will—
send a copy to the claimant; and
refer the claim and defence to a judge.
Where the period set out in rule 55.14 has expired without the defendant filing a defence—
the claimant may file a written request for an order for possession; and
the court will refer that request to a judge.
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.
Where—
the period set out in rule 55.14 has expired without the defendant filing a defence; and
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,
After considering the claim and any defence, the judge will—
make an order for possession under rule 55.17;
where the judge is not satisfied as to any of the matters set out in paragraph (2)—
direct that a date be fixed for a hearing; and
give any appropriate case management directions; or
strike out the claim if the claim form discloses no reasonable grounds for bringing the claim.
If— the judge will direct that the proceedings should be transferred to that hearing centre.
the judge directs that a date be fixed for hearing in accordance either with paragraph (2) or rule 55.18(1); and
the claim has not been brought in the County Court hearing centre which serves the address where the land is situated,
The matters referred to in paragraph (1)(b) are that—
the claim form was served; and
the claimant has established that he is entitled to recover possession under section 21 of the 1988 Act against the defendant.
The court will give all parties not less than 14 days' notice of a hearing fixed under paragraph (1)(b)(i).
Where a claim is struck out under paragraph (1)(c)—
the court will serve its reasons for striking out the claim with the order; and
the claimant may apply to restore the claim within 28 days after the date the order was served on him.
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.
Where the defendant seeks postponement of possession on the ground of exceptional hardship under section 89 of the Housing Act 1980, the judge may direct a hearing of that issue.
Where the judge directs a hearing under paragraph (1)—
the hearing must be held before the date on which possession is to be given up; and
the judge will direct how many days' notice the parties must be given of that hearing.
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.
The court may—
on application by a party within 14 days of service of the order; or
of its own initiative,
This Section of this Part applies where the claimant seeks an Interim Possession Order.
In this Section—
“IPO” means Interim Possession Order; and
“premises” has the same meaning as in section 12 of the Criminal Law Act 1977.
Where this Section requires an act to be done within a specified number of hours, rule 2.8(4) does not apply.
An application for an IPO may be made where the following conditions are satisfied—
the only claim made is a possession claim against trespassers for the recovery of premises;
the claimant—
has an immediate right to possession of the premises; and
has had such a right throughout the period of alleged unlawful occupation; and
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.
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.
Rules 55.3(1) and (4) apply to the claim.
The claim form and the defendant’s form of witness statement must be in the form set out in Practice Direction 55A.
When he files his claim form, the claimant must also file—
an application notice in the form set out in Practice Direction 55A; and
written evidence.
The written evidence must be given—
by the claimant personally; or
where the claimant is a body corporate, by a duly authorised officer.
The court will—
issue—
the claim form; and
the application for the IPO; and
set a date for the hearing of the application.
The hearing of the application will be as soon as practicable but not less than 3 days after the date of issue.
Within 24 hours of the issue of the application, the claimant must serve on the defendant—
the claim form;
the application notice together with the written evidence in support; and
a blank form for the defendant’s witness statement (as set out in Practice Direction 55A) which must be attached to the application notice.
The claimant must serve the documents listed in paragraph (1) in accordance with rule 55.6(a).
At or before the hearing the claimant must file a certificate of service in relation to the documents listed in paragraph (1) and rule 6.17(2)(a) does not apply.
At any time before the hearing the defendant may file a witness statement in response to the application.
The witness statement should be in the form set out in Practice Direction 55A.
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—
if, after an IPO is made, the court decides that the claimant was not entitled to the order to—
reinstate the defendant if so ordered by the court; and
pay such damages as the court may order; and
before the claim for possession is finally decided, not to—
damage the premises;
grant a right of occupation to any other person; and
damage or dispose of any of the defendant’s property.
The court will make an IPO if—
the claimant has—
filed a certificate of service of the documents referred to in rule 55.23(1); or
proved service of those documents to the satisfaction of the court; and
the court considers that—
the conditions set out in rule 55.21(1) are satisfied; and
any undertakings given by the claimant as a condition of making the order are adequate.
An IPO will be in the form set out in Practice Direction 55A and will require the defendant to vacate the premises specified in the claim form within 24 hours of the service of the order.
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.
Where the court does not make an IPO—
the court will set a date for the hearing of the claim;
the court may give directions for the future conduct of the claim; and
subject to such directions, the claim shall proceed in accordance with Section I of this Part.
An IPO must be served within 48 hours after it is sealed.
The claimant must serve the IPO on the defendant together with copies of— in accordance with rule 55.6(a).
the claim form; and
the written evidence in support,
Rules 83.2, 83.3 and 83.26(1) to (9) do not apply to the enforcement of an IPO.
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.
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).
The IPO will expire on the date of the hearing of the claim.
At the hearing the court may make any order it considers appropriate and may, in particular—
make a final order for possession;
dismiss the claim for possession;
give directions for the claim for possession to continue under Section I of this Part; or
enforce any of the claimant’s undertakings.
Unless the court directs otherwise, the claimant must serve any order or directions in accordance with rule 55.6(a).
Rule 83.26(10) to (12) applies to the enforcement of a final order for possession.
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.
An application under paragraph (1) must be supported by a witness statement.
On receipt of the application, the court will give directions as to-
the date for the hearing; and
the period of notice, if any, to be given to the claimant and the method of service of any such notice.
No application to set aside an IPO may be made under rule 39.3.
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— and all other matters will be dealt with at the hearing of the claim.
the IPO should be set aside; and
any undertaking to re-instate the defendant should be enforced,
The court will serve on all the parties—
a copy of the order made under paragraph (5); and
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.
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.
In this Section of this Part “landlord and tenant claim” means a claim under—
the Landlord and Tenant Act 1927;
the Leasehold Property (Repairs) Act 1938;
the Landlord and Tenant Act 1954;
the Landlord and Tenant Act 1985; ...
the Landlord and Tenant Act 1987 ; or
section 214 of the Housing Act 2004.
A practice direction may set out special provisions with regard to any particular category of landlord and tenant claim.
(Practice Direction 56 includes further direction in respect of claims which are not made at the County Court hearing centre which serves the address where the land is situated.)
In the County Court—
the claim may be made at any County Court hearing centre, unless paragraph (2) applies or an enactment provides otherwise;
the claim will be issued by the hearing centre where the claim is made; and
if the claim is not made at the County Court hearing centre which serves the address where the land is situated, the claim will be sent to the hearing centre serving that address.
Unless an enactment provides otherwise, the claim may be started in the High Court if the claimant files with the 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).
Practice Direction 55A refers to circumstances which may justify starting the claim in the High Court.
(Repealed)
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.
In this rule—
“the 1954 Act” means the Landlord and Tenant Act 1954;
“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;
“an opposed 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 opposed; or
the termination of a tenancy under section 29(2) of the 1954 Act.
Where the claim is an unopposed claim—
the claimant must use the Part 8 procedure, but the following rules do not apply—
rule 8.5; and
rule 8.6; and
(Repealed)
the court will give directions about the future management of the claim following receipt of the acknowledgment of service.
Where the claim is an opposed claim the claimant must use the Part 7 procedure. (Practice Direction 56 contains provisions about evidence, including expert evidence in opposed claims)
A practice direction may set out special provisions with regard to claims under the following enactments—
the Chancel Repairs Act 1932;
the Leasehold Reform Act 1967;
the Access to Neighbouring Land Act 1992; ...
the Leasehold Reform, Housing and Urban Development Act 1993 ; and
the Commonhold and Leasehold Reform Act 2002
(Section 128 of the Supreme Court Act 1981 defines non-contentious (or common form) probate business.)
This Part contains rules about—
probate claims;
claims for the rectification of wills; ...
claims and applications to—
substitute another person for a personal representative; or
remove a personal representative ; ...
claims under the Inheritance (Provision for Family and Dependants) Act 1975; and
proceedings under the Presumption of Death Act 2013.
In this Part:
“probate claim” means a claim for— not being a claim which is non-contentious (or common form) probate business;
the grant of probate of the will, or letters of administration of the estate, of a deceased person;
the revocation of such a grant; or
a decree pronouncing for or against the validity of an alleged will;
“relevant office” means—
in the case of High Court proceedings in a Chancery district registry, that registry;
in the case of any other High Court proceedings, Chancery Chambers at the Royal Courts of Justice, Strand, London, WC2A 2LL; and
in the case of County Court proceedings, the office of the County Court hearing centre in question;
“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;
“will” includes a codicil.
This Section contains rules about probate claims.
Probate claims in the High Court are assigned to the Chancery Division.
Probate claims in the County Court must only be started by sending the claim to, or making the claim at—
a County Court hearing centre where there is also a Chancery district registry; or
the County Court at Central London.
All probate claims are allocated to the multi-track.
A probate claim must be commenced—
in the relevant office; and
using the procedure in Part 7.
A defendant who is served with a claim form must file an acknowledgment of service.
Subject to paragraph (3), the period for filing an acknowledgment of service is—
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
in any other case, 28 days after service of the claim form.
If the claim form is served out of the jurisdiction under rule 6.32 or 6.33, the period for filing an acknowledgment of service is 14 days longer than the relevant period specified in rule 6.35 or Practice Direction 6B.
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).
(A specimen form for the written evidence about testamentary documents is annexed to Practice Direction 57.)
Any testamentary document of the deceased person in the possession or control of any party must be lodged with the court.
Unless the court directs otherwise, the testamentary documents must be lodged in the relevant office—
by the claimant when the claim form is issued; and
by a defendant when he acknowledges service.
The claimant and every defendant who acknowledges service of the claim form must in written evidence—
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
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.
Unless the court directs otherwise, the written evidence required by paragraph (3) must be filed in the relevant office—
by the claimant, when the claim form is issued; and
by a defendant when he acknowledges service.
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.
The provisions of paragraphs (2) and (4) may be modified by a practice direction under this Part.
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.
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.
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.
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.
The claim form must contain a statement of the nature of the interest of the claimant and of each defendant in the estate.
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.
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.
Any party who wishes to contend that— must set out the contention specifically and give particulars of the facts and matters relied on.
a will was not duly executed;
at the time of the execution of a will the testator lacked testamentary capacity; or
the execution of a will was obtained by undue influence or fraud,
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.
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.
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.
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.
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).
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.
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.
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 will order the transfer of the proceedings to either—
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
if the County Court has jurisdiction, to a County Court hearing centre where there is also a Chancery District Registry or the County Court at Central London.
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).
A default judgment cannot be obtained in a probate claim and rule 10.2 and Part 12 do not apply.
If any of several defendants fails to acknowledge service the claimant may— proceed with the probate claim as if that defendant had acknowledged service.
after the time for acknowledging service has expired; and
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;
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.
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.
Where the court makes an order under paragraph (3), it may direct that the claim be tried on written evidence.
Part 38 does not apply to probate claims.
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—
the claim be discontinued or dismissed on such terms as to costs or otherwise as it thinks just; and
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.
This Section contains rules about claims under the Inheritance (Provision for Family and Dependants) Act 1975 (“the Act”).
Proceedings in the High Court under the Act shall be issued in either—
the Chancery Division; or
the Family Division.
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 relating to the drawing up and service of orders apply instead of the provisions in Part 40 and Practice Direction 40B.
(Section 4 of the 1975 Act as amended confirms that nothing prevents the making of an application under the Act before representation with respect to the estate of the deceased person is taken out.)
A claim under section 1 of the Act must be made by issuing a claim form in accordance with Part 8.
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.
The written evidence filed and served by the claimant with the claim form must , except in the circumstances specified in paragraph (3A), have exhibited to it an official copy of—
the grant of probate or letters of administration in respect of the deceased’s estate; and
every testamentary document in respect of which probate or letters of administration were granted.
Where no grant has been obtained, the claimant may make a claim without naming a defendant and may apply for directions as to the representation of the estate. The written evidence must—
explain the reasons why it has not been possible for a grant to be obtained;
be accompanied by the original or a copy (if either is available) of the will or other testamentary document in respect of which probate or letters of administration are to be granted; and
contain the following information, so far as known to the claimant—
brief details of the property comprised in the estate, with an approximate estimate of its capital value and any income that is received from it;
brief details of the liabilities of the estate;
the names and addresses of the persons who are in possession of the documents relating to the estate; and
the names of the beneficiaries and their respective interests in the estate.
Where a claim is made in accordance with paragraph (3A), the court may give directions as to the parties to the claim and as to the representation of the estate either on the claimant’s application or on its own initiative.
Subject to paragraph (4A), the time within which a defendant must file and serve— is not more than 21 days after service of the claim form on him.
an acknowledgment of service; and
any written evidence,
If the claim form is served out of the jurisdiction under rule 6.32 or 6.33, the period for filing an acknowledgment of service and any written evidence is 7 days longer than the relevant period specified in rule 6.35 or Practice Direction 6B.
A defendant who is a personal representative of the deceased must file and serve written evidence, which must include the information required by Practice Direction 57.
This Section contains rules about proceedings under the Presumption of Death Act 2013.
In this Section, terms used in the Presumption of Death Act 2013 Act have the meaning given by that Act, and—
“the 2013 Act” means the Presumption of Death Act 2013;
“a claim for a declaration of presumed death” means a claim under section 1 of the 2013 Act for a declaration that a missing person is presumed to be dead;
“a claim for a variation order” means a claim for an order under section 5 of the 2013 Act varying or revoking a declaration of presumed death.
Proceedings under the 2013 Act must be issued in the High Court in either—
the Chancery Division; or
the Family Division.
The Civil Procedure Rules apply to proceedings under the 2013 Act which are brought in the Family Division, except that the provisions of the Family Procedure Rules 2010 relating to the drawing up and service of orders apply instead of the provisions in Part 40 and Practice Direction 40B.
A claim for a declaration of presumed death or for a variation order must be made by issuing a claim form in accordance with Part 8.
In addition to the matters set out in rule 8.2 (contents of the claim form), the claim form must also include or be accompanied by the information required by Practice Direction 57B.
Rules 8.2A, 8.3, 8.4 and 8.5 apply as modified by paragraphs (4) to (7) of this rule (and references elsewhere in these Rules to a defendant and to an acknowledgment of service are, where relevant, to be read as references to the substitute terms in rules 8.2A, 8.3, 8.4 and 8.5 as so modified).
Rule 8.2A (issue of claim form without naming defendants) applies as if for “without naming a defendant” in paragraph (1) there were substituted “without serving notice on any person”.
Rule 8.3 (acknowledgment of service) applies—
as if, instead of referring to a defendant, it referred to a person giving notice of intention to intervene or applying for permission to intervene, as the case may be;
as if, instead of referring to an acknowledgment of service, it referred to a notice of intention to intervene or an application for permission to intervene, as the case may be; and
subject to paragraph (7), with the substitution of 21 days for 14 days as the time within which the notice of intention to intervene or application for permission to intervene must be filed and served.
Rules 8.4 (consequence of not filing an acknowledgment of service) and 8.5 (filing and serving written evidence) apply—
as if, instead of referring to a defendant, they referred to a person giving notice of intention to intervene or applying for permission to intervene, as the case may be; and
as if, instead of referring to an acknowledgment of service, they referred to a notice of intention to intervene or an application for permission to intervene, as the case may be.
If the claim form is served out of the jurisdiction under rule 6.32 or 6.33, the period for filing notice of intention to intervene or an application for permission to intervene, as the case may be, and any written evidence, is 7 days longer than the relevant period for serving an acknowledgement of service specified in rule 6.35 or Practice Direction 6B.
Where the claim is for a declaration of presumed death, the claimant must give notice of the claim by serving a copy of it on the following persons (where not the claimant)—
the spouse or civil partner of the missing person;
any parent of the missing person;
any child of the missing person;
any sibling of the missing person;
if there are no persons within sub-paragraphs (a) to (d), the nearest relative of the missing person known to the claimant; and
any other person (including in particular any insurance company) appearing to the claimant to have an interest in the claim.
Where the claim is for a variation order, the claimant must give notice of the claim by serving a copy of it on the following persons (where not the claimant)—
the person who was the claimant for the declaration of presumed death or (as the case may be) previous variation order which it is sought to have varied or revoked;
the spouse or civil partner of the missing person;
any parent of the missing person;
any child of the missing person;
any sibling of the missing person;
if there are no persons within sub-paragraphs (b) to (e), the nearest relative of the missing person known to the claimant; and
any other person (including in particular any insurance company) appearing to the claimant to have an interest in the claim.
Notice under paragraph (1)(a) to (f) or paragraph (2)(a) to (g) must be given within 7 days after the claim is issued.
The claimant (whether the claim is for a declaration of presumed death or for a variation order) must, within 7 days of issue of the claim, ensure that notice of the claim is published—
in a form which meets the requirements set out in Practice Direction 57B; and
in at least one newspaper circulating in the vicinity of the last known address of the missing person.
The claimant must, at least 5 days before the hearing, file a copy of the page of the newspaper bearing the advertisement of notice of the claim required by paragraph (1) and the date on which it was published.
The Attorney General, or a person who is entitled to intervene in proceedings under section 11(1), must first notify the court of the intention to intervene in accordance with the requirements of Practice Direction 57B.
Any other person who wishes to intervene in such proceedings must submit an application for permission to intervene in accordance with the requirements of Practice Direction 57B.
Where the court grants permission to intervene, it may do so on conditions and may give case management directions.
The court may direct that a person who intervenes in proceedings, other than the Attorney General, be joined as a claimant or defendant.
An application for an order under section 12(1) of the 2013 Act must be supported by evidence and must in particular—
specify or describe the information in respect of which the order is sought;
set out the reasons why the person making the application believes that the person against whom the order is sought is likely to have such information; and
include any further details, where known, of the missing person which are likely to assist in providing the information sought.
The person making the application must serve a copy of the application notice on the person against whom the order is sought, and on every other party to the proceedings (within the meaning of section 20(2) of the 2013 Act), at least 14 days before the date fixed for the hearing of the application.
An application for discharge or variation under section 12(6) of an order made under section 12(1) may be made without notice unless the court directs otherwise.
The courts listed in paragraph (2) together constitute the Business and Property Courts.
The courts referred to in paragraph (1) are—
the Chancery Division of the High Court, the Commercial Court, the Technology and Construction Court, the Circuit Commercial Court and the Admiralty Court located in the Royal Courts of Justice, Rolls Building; together with
the Chancery Division of the High Court, the Technology and Construction Court and the Circuit Commercial Courts in the District Registries of the High Court specified in Practice Direction 57AA – Business and Property Courts.
The work of the Business and Property Courts is divided and listed into the courts or lists specified in Practice Direction 57AA – Business and Property Courts.
These Rules and their practice directions apply to claims in the Business and Property Courts unless this Part or a practice direction provides otherwise.
This Part applies to claims in the Commercial Court of the Queen’s Bench Division.
In this Part and Practice Direction 58, “commercial claim” means any claim arising out of the transaction of trade and commerce and includes any claim relating to—
a business document or contract;
the export or import of goods;
the carriage of goods by land, sea, air or pipeline;
the exploitation of oil and gas reserves or other natural resources;
insurance and re-insurance;
banking and financial services;
the operation of markets and exchanges;
the purchase and sale of commodities;
the construction of ships;
business agency; and
arbitration.
The commercial list is a specialist list for claims proceeding in the Commercial Court.
One of the judges of the Commercial Court shall be in charge of the commercial list.
These Rules and their practice directions apply to claims in the commercial list unless this Part or a practice direction provides otherwise.
(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)
A commercial claim may be started in the commercial list.
Rule 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.
If, in a Part 7 claim, particulars of claim are not contained in or served with the claim form—
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;
when the claim form is served, it must be accompanied by the documents specified in rule 7.8(1);
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
rule 7.4(2) does not apply.
A statement of value is not required to be included in the claim form.
If the claimant is claiming interest, he must— in both the claim form and the particulars of claim.
include a statement to that effect; and
give the details set out in rule 16.4(2),
A defendant must file an acknowledgment of service in every case.
Unless paragraph (3) applies, the period for filing an acknowledgment of service is 14 days after service of the claim form.
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 6.12(3), 6.35 and 6.37(5) apply after service of the claim form.
Part 11 applies to claims in the commercial list with the modifications set out in this rule.
An application under rule 11(1) must be made within 28 days after filing an acknowledgment of service.
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.
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.
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.
Rule 14.5 does not apply to claims in the commercial list.
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.
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.
Part 15 (defence and reply) applies to claims in the commercial list with the modification to rule 15.8 that the claimant must— within 21 days after service of the defence.
file any reply to a defence; and
serve it on all other parties,
Rule 6.35 (in relation to the 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.
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 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.
All proceedings in the commercial list are treated as being allocated to the multi-track and Part 26 does not apply.
The following parts only of Part 29 apply—
rule 29.3(2) (legal representative to attend case management conferences and pre-trial reviews);
rule 29.5 (variation of case management timetable) with the exception of rule 29.5(1)(c).
As soon as practicable the court will hold a case management conference which must be fixed in accordance with Practice Direction 58.
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.
If, in proceedings relating to a marine insurance policy, the underwriters apply for specific disclosure under rule 31.12, the court may—
order a party to produce all the ships papers; and
require that party to use his best endeavours to obtain and disclose documents which are not or have not been in his control.
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.
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.
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.
Rule 40.6 (consent judgments and orders) does not apply.
This Part applies to claims in Circuit Commercial Courts.
A claim may only be started in a Circuit Commercial Court if it—
relates to a commercial or business matter in a broad sense; and
is not required to proceed in another specialist list of the Business and Property Courts.
In this Part and Practice Direction 59—
“Circuit Commercial Court” means a specialist list established within the courts listed in Practice Direction 59;
“Circuit Commercial claim” means a claim proceeding in a Circuit Commercial Court; and
“Circuit Commercial judge” means a judge authorised to sit in a Circuit Commercial Court.
These Rules and their practice directions apply to Circuit Commercial claims unless this Part or a practice direction provides otherwise.
Rule 30.5 applies applies with the modifications that— (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)
a Circuit Commercial judge may transfer a Circuit Commercial claim to another Circuit Commercial Court; and
a Commercial Court judge may transfer a claim from the Commercial Court to a Circuit Commercial Court.
If particulars of claim are not contained in or served with the claim form—
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;
when the claim form is served, it must be accompanied by the documents specified in rule 7.8(1);
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
rule 7.4(2) does not apply.
If the claimant is claiming interest, he must— in both the claim form and the particulars of claim.
include a statement to that effect; and
give the details set out in rule 16.4(2),
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.
A defendant must file an acknowledgment of service in every case.
Unless paragraph (3) applies, the period for filing an acknowledgment of service is 14 days after service of the claim form.
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 6.12(3), 6.35 and 6.37(5) apply after service of the claim form.
Part 11 applies to Circuit Commercial claims with the modifications set out in this rule.
An application under rule 11(1) must be made within 28 days after filing an acknowledgment of service.
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.
Part 12 applies to Circuit Commercial claims, except that rules 12.10 and 12.11 apply as modified by paragraphs (2) and (3) of this rule.
If, in a Part 7 claim— the claimant must make an application if he wishes to obtain a default judgment.
the claim form has been served but no particulars of claim have been served; and
the defendant has failed to file an acknowledgment of service,
The application may be made without notice, but the court may direct it to be served on the defendant.
Rule 14.5 does not apply to Circuit Commercial claims.
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.
Part 15 (Defence and Reply) applies to Circuit Commercial claims with the modification to rule 15.8 that the claimant must— within 21 days after service of the defence.
file any reply to a defence; and
serve it on all other parties,
Rule 6.35 (in relation to the period for filing a defence where the claim form is served out of the jurisdiction) applies to Circuit Commercial 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.
The court may at any time before or after issue of the claim form order a Circuit Commercial claim to proceed without the filing or service of statements of case.
All Circuit Commercial claims are treated as being allocated to the multi-track, and Part 26 does not apply.
The following parts only of Part 29 apply—
rule 29.3(2) (appropriate legal representative to attend case management conferences and pre-trial reviews); and
rule 29.5 (variation of case management timetable) with the exception of rule 29.5(1)(c).
As soon as practicable the court will hold a case management conference which must be fixed in accordance with Practice Direction 59.
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.
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.
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.
Rule 40.6 (consent judgments and orders) does not apply.
This Part applies to Technology and Construction Court claims (“TCC claims”).
In this Part and Practice Direction 60—
“TCC claim” means a claim which—
satisfies the requirements of paragraph (3); and
has been issued in or transferred into the specialist list for such claims;
“Technology and Construction Court” means any court in which TCC claims are dealt with in accordance with this Part or Practice Direction 60; and
“TCC judge” means any judge authorised to hear TCC claims.
A claim may be brought as a TCC claim if— (Practice Direction 60 gives examples of types of claims which it may be appropriate to bring as TCC claims.)
it involves issues or questions which are technically complex; or
a trial by a TCC judge is desirable.
TCC claims include all official referees' business referred to in section 68(1)(a) of the Supreme Court Act 1981.
TCC claims will be dealt with—
in a Technology and Construction Court; and
by a TCC judge, unless—
this Part or Practice Direction 60 permits otherwise; or
a TCC judge directs otherwise.
TCC claims form a specialist list.
A judge will be appointed to be the judge in charge of the TCC specialist list.
These Rules and their practice directions apply to TCC claims unless this Part or a practice direction provides otherwise.
A TCC claim must be issued in—
the High Court in London;
a district registry of the High Court; or
a County Court hearing centre specified in Practice Direction 60.
Part 15 (Defence and Reply) applies to TCC claims with the modification to rule 15.8 that the claimant must— within 21 days after service of the defence.
file any reply to a defence; and
serve it on all other parties,
All TCC claims are treated as being allocated to the multi-track and Part 26 does not apply.
Part 29 and Practice Direction 29 apply to the case management of TCC claims, except where they are varied by or inconsistent with Practice Direction 60.
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.
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.
Rule 40.6 (consent judgments and orders) does not apply.
This Part applies to admiralty claims.
In this Part—
“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;
“the Admiralty Court” means the Admiralty Court of the Queen’s Bench Division of the High Court of Justice;
“claim in rem” means a claim in an admiralty action in rem;
“collision claim” means a claim within section 20(3)(b) of the Supreme Court Act 1981;
“limitation claim” means a claim under the Merchant Shipping Act 1995 for the limitation of liability in connection with a ship or other property;
“salvage claim” means a claim—
for or in the nature of salvage;
for special compensation under Article 14 of Schedule 11 to the Merchant Shipping Act 1995;
for the apportionment of salvage; and
arising out of or connected with any contract for salvage services;
“caution against arrest” means a caution entered in the Register under rule 61.7;
“caution against release” means a caution entered in the Register under rule 61.8;
“the Register” means the Register of cautions against arrest and release which is open to inspection as provided by Practice Direction 61;
“the Marshal” means the Admiralty Marshal;
“ship” includes any vessel used in navigation; and
“the Registrar” means the Queen’s Bench Master with responsibility for Admiralty claims;
“electronic track data” means a digital or electronic recording of the track of a vessel (including any associated visual or aural recordings) as recorded by, for example, ship or shore-based AIS (Automatic Identification System), ECDIS (Electronic Chart and Display Information System), or a voyage data recorder.
Part 58 (Commercial Court) applies to claims in the Admiralty Court except where this Part provides otherwise.
The Registrar has all the powers of the Admiralty judge except where a rule or practice direction provides otherwise.
The following claims must be started in the Admiralty Court—
a claim—
in rem;
for damage done by a ship;
concerning the ownership of a ship;
under the Merchant Shipping Act 1995;
for loss of life or personal injury specified in section 20(2)(f) of the Supreme Court Act 1981;
by a master or member of a crew for wages;
in the nature of towage; or
in the nature of pilotage;
a collision claim;
a limitation claim; or
a salvage claim.
Any other admiralty claim may be started in the Admiralty Court.
Rule 30.5 applies to claims in the Admiralty Court except that the Admiralty Court may order the transfer of a claim to—
the Commercial list;
a Circuit Commercial Court;
the Circuit Commercial list at the County Court at Central London; or
any other appropriate court.
This rule applies to claims in rem.
A claim in rem is started by the issue of an in rem claim form as set out in Practice Direction 61.
Subject to rule 61.4, the particulars of claim must—
be contained in or served with the claim form; or
be served on the defendant by the claimant within 75 days after service of the claim form.
An acknowledgment of service must be filed within 14 days after service of the claim form.
The claim form must be served—
in accordance with Practice Direction 61; and
within 12 months after the date of issue and rules 7.5 and 7.6 are modified accordingly.
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.
This rule applies to collision claims.
A claim form need not contain or be followed by particulars of claim and rule 7.4 does not apply.
An acknowledgment of service must be filed.
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.
Every party must— disclose any electronic track data which is or has been in its control, in accordance with Part 31, and, where every party has electronic track data in its control, each must provide copies, or permit inspection, of that electronic track data within 7 days of a request by another party to do so.
within 21 days after the defendant files their acknowledgment of service; or
where the defendant applies under Part 11, within 21 days after the defendant files their further acknowledgment of service,
Every party must— file at the court a completed collision statement of case in the form specified in Practice Direction 61.
within 2 months after the defendant files the acknowledgment of service; or
where the defendant applies under Part 11, within 2 months after the defendant files the further acknowledgment of service,
A collision statement of case must be—
in the form set out in Practice Direction 61; and
verified by a statement of truth.
A claim form in a collision claim may not be served out of the jurisdiction unless—
the case falls within section 22(2)(a), (b) or (c) of the Supreme Court Act 1981; or
the defendant has submitted to or agreed to submit to the jurisdiction; andthe court gives permission in accordance with Section IV of Part 6.
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.
Where, in a collision claim in rem (“the original claim”)—
arising out of the same collision or occurrence is made; and
a Part 20 claim; or
a cross claim in rem
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.
the party bringing the original claim has caused the arrest of a ship or has obtained security in order to prevent such arrest; and
the party bringing the Part 20 claim or cross claim is unable to arrest a ship or otherwise obtain security,
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)—
makes an offer to settle in the form set out in paragraph (12) not less than 21 days before the start of the trial;
that offer is not accepted; and
the maker of the offer obtains at trial an apportionment equal to or more favourable than his offer.
Where paragraph (10) applies the parties will, unless the court considers it unjust, be entitled to the following costs—
the maker of the offer will be entitled to—
all his costs from 21 days after the offer was made; and
his costs before then in the percentage to which he would have been entitled had the offer been accepted; and
all other parties to whom the offer was made—
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
will not be entitled to their costs thereafter.
An offer under paragraph (10) must be in writing and must contain—
an offer to settle liability at stated percentages;
an offer to pay costs in accordance with the same percentages;
a term that the offer remain open for 21 days after the date it is made; and
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.
In a claim in rem— may apply to have the property proceeded against arrested.
a claimant; and
a judgment creditor
Practice Direction 61 sets out the procedure for applying for arrest.
A party making an application for arrest must—
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
file a declaration in the form set out in Practice Direction 61.
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.
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—
notice in the form set out in Practice Direction 61 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
a copy of that notice is attached to any declaration under paragraph (3)(b).
Except— 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.
with the permission of the court; or
where notice has been given under paragraph (5),
A warrant of arrest is valid for 12 months but may only be executed if the claim form—
has been served; or
remains valid for service at the date of execution.
Property may only be arrested by the Marshal or his substitute.
Property under arrest—
may not be moved unless the court orders otherwise; and
may be immobilised or prevented from sailing in such manner as the Marshal may consider appropriate.
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.
This rule applies if, in a claim in rem, security has been given to—
obtain the release of property under arrest; or
prevent the arrest of property.
The court may order that the—
amount of security be reduced and may stay the claim until the order is complied with; or
claimant may arrest or re-arrest the property proceeded against to obtain further security.
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—
of the original arrest; or
security was first given (if the property was not arrested).
Any person may file a request for a caution against arrest.
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 Practice Direction 61 and—
the person filing the request undertakes—
to file an acknowledgment of service; and
to give sufficient security to satisfy the claim with interest and costs; or
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—
states that such a fund has been constituted; and
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.
A caution against arrest—
is valid for 12 months after the date it is entered in the Register; but
may be renewed for a further 12 months by filing a further request.
Paragraphs (1) and (2) apply to a further request under paragraph (3)(b).
Property may be arrested if a caution against arrest has been entered in the Register but the court may order that—
the arrest be discharged; and
the party procuring the arrest pays compensation to the owner of or other persons interested in the arrested property.
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—
Where property is under arrest—
an in rem claim form may be served upon it; and
it may be arrested by any other person claiming to have an in rem claim against it.
Any person who— may file a request for a caution against release in the form set out in Practice Direction 61.
claims to have an in rem right against any property under arrest; and
wishes to be given notice of any application in respect of that property or its proceeds of sale,
When a request under paragraph (2) is filed, a caution against release will be entered in the Register.
Property will be released from arrest if—
it is sold by the court;
the court orders release on an application made by any party;
file a request for release in the form set out in Practice Direction 61; or
the arresting party; and
all persons who have entered cautions against release
any party files—
a request for release in the form set out in Practice Direction 61 (containing an undertaking); and
consents to the release of the arresting party and all persons who have entered cautions against release.
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.
the court may not make an order under paragraph (5) if satisfied that there was good reason to— the caution.
request the entry of; and
maintain
Any person— may be made a party to any claim in rem against the property or proceeds of sale.
interested in property under arrest or in the proceeds of sale of such property; or
whose interests are affected by any order sought or made,
Where— they may, without being made parties, request the Marshal to authorise steps to discharge the cargo.
a ship is not under arrest but cargo on board her is; or
a ship is under arrest but cargo on board her is not; and
persons interested in the ship or cargo wish to discharge the cargo,
If— the Marshal will apply to the court for an order to permit the discharge of the cargo.
the Marshal considers a request under paragraph (8) reasonable; and
the applicant gives an undertaking in writing acceptable to the Marshal to pay— on demand,
his fees; and
all expenses to be incurred by him or on his behalf
be made parties to the claim; and
apply to the court for an order for—
discharge of the cargo; and
directions as to the fees and expenses of the Marshal with regard to the discharge and storage of the cargo.
In a claim in rem (other than a collision claim) the claimant may obtain judgment in default of—
an acknowledgment of service only if—
the defendant has not filed an acknowledgment of service; and
the time for doing so set out in rule 61.3(4) has expired; and
defence only if—
a defence has not been filed; and
the relevant time limit for doing so has expired.
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—
the party against whom judgment is sought has not filed a collision statement of case; and
the time for doing so set out in rule 61.4(5) has expired.
An application for judgment in default—
under paragraph (1) or paragraph (2) in an in rem claim must be made by filing—
an application notice as set out in Practice Direction 61;
a certificate proving service of the claim form; and
evidence proving the claim to the satisfaction of the court; and
under paragraph (2) in any other claim must be made in accordance with Part 12 with any necessary modifications.
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.
The court may set aside or vary any judgment in default entered under this rule.
The claimant may apply to the court for judgment against a party at whose instance a notice against arrest was entered where—
the claim form has been served on that party;
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
that party has not fulfilled that undertaking within 14 days after service on him of the claim form.
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.
If the court makes an order for sale, it may—
set a time within which notice of claims against the proceeds of sale must be filed; and
the time and manner in which such notice must be advertised.
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.
An application notice under paragraph (3) must be served on all persons who have filed a claim against the property.
Payment out of the proceeds of sale will be made only to judgment creditors and—
in accordance with the determination of priorities; or
as the court orders.
This rule applies to limitation claims.
A claim is started by the issue of a limitation claim form as set out in Practice Direction 61.
The— must be named in the claim form, but all other defendants may be described.
claimant; and
at least one defendant
The claim form—
must be served on all named defendants and any other defendant who requests service upon him; and
may be served on any other defendant.
The claim form may not be served out of the jurisdiction unless— the court grants permission in accordance with Section IV of Part 6.
the claim falls within section 22(2)(a), (b) or (c) of the Supreme Court Act 1981;
the defendant has submitted to or agreed to submit to the jurisdiction of the court; or
the Admiralty Court has jurisdiction over the claim under any applicable Convention; and
An acknowledgment of service is not required.
Every defendant upon whom a claim form is served must—
within 28 days of service file—
a defence; or
a notice that the defendant admits the right of the claimant to limit liability; or
if the defendant wishes to— file within 14 days of service (or where the claim form is served out of the jurisdiction, within the time specified in rule 6.35) an acknowledgment of service as set out in Practice Direction 61.
dispute the jurisdiction of the court; or
argue that the court should not exercise its jurisdiction,
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.
Where one or more named defendants admits the right to limit—
the claimant may apply for a restricted limitation decree in the form set out in Practice Direction 61; and
the court will issue a decree in the form set out in Practice Direction 61 limiting liability only against those named defendants who have admitted the claimant’s right to limit liability.
A restricted limitation decree—
may be obtained against any named defendant who fails to file a defence within the time specified for doing so; and
need not be advertised, but a copy must be served on the defendants to whom it applies.
Where all the defendants upon whom the claim form has been served admit the claimant’s right to limit liability—
the claimant may apply to the Admiralty Registrar for a general limitation decree in the form set out in Practice Direction 61; and
the court will issue a limitation decree.
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 Practice Direction 61.
When a limitation decree is granted the court—
may—
order that any proceedings relating to any claim arising out of the occurrence be stayed;
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
if the decree is a restricted limitation decree, distribute the limitation fund; and
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.
When the court grants a general limitation decree the claimant must—
advertise it in such manner and within such time as the court directs; and
file—
a declaration that the decree has been advertised in accordance with paragraph (a); and
copies of the advertisements.
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—
the limiting party; and
all other defendants except where the court orders otherwise.
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.
An application under paragraph (16) must be supported by a declaration—
stating that the applicant has a claim against the claimant arising out of the occurrence; and
setting out grounds for contending that the claimant is not entitled to the decree, either in the amount of limitation or at all.
The claimant may constitute a limitation fund by making a payment into court.
A limitation fund may be established before or after a limitation claim has been started.
If a limitation claim is not commenced within 75 days after the date the fund was established—
the fund will lapse; and
all money in court (including interest) will be repaid to the person who made the payment into court.
Money paid into court under paragraph (18) will not be paid out except under an order of the court.
A limitation claim for—
a restricted decree may be brought by counterclaim; and
a general decree may only be brought by counterclaim with the permission of the court.
Where the court orders a stay of any claim in rem— unless the court orders otherwise.
any property under arrest in the claim remains under arrest; and
any security representing the property remains in force,
The court may sit with assessors when hearing— the parties will not be permitted to call expert witnesses unless the court orders otherwise.
collision claims; or
other claims involving issues of navigation or seamanship, and
This Part contains rules about arbitration claims.
In this Part—
“the 1950 Act” means the Arbitration Act 1950;
“the 1975 Act” means the Arbitration Act 1975;
“the 1979 Act” means the Arbitration Act 1979;
“the 1996 Act” means the Arbitration Act 1996;
references to— 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
the 1996 Act; or
any particular section of that Act
“arbitration claim form” means a claim form in the form set out in Practice Direction 62.
Part 58 (Commercial Court) applies to arbitration claims in the Commercial Court, Part 59 (Circuit Commercial Court) applies to arbitration claims in the Circuit Commercial 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.
In this Section of this Part “arbitration claim” means—
any application to the court under the 1996 Act;
a claim to determine— what matters have been submitted to arbitration in accordance with an arbitration agreement;
whether there is a valid arbitration agreement;
whether an arbitration tribunal is properly constituted; or
a claim to declare that an award by an arbitral tribunal is not binding on a party; and
any other application affecting—
arbitration proceedings (whether started or not); or
an arbitration agreement.
This Section of this Part does not apply to an arbitration claim to which Sections II or III of this Part apply.
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.
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.
The courts in which an arbitration claim may be started are set out in Practice Direction 62.
Rule 30.5 applies with the modification that a judge of the Technology and Construction Court may transfer the claim to any other court or specialist list.
An arbitration claim form must—
include a concise statement of—
the remedy claimed; and
any questions on which the claimant seeks the decision of the court;
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;
show that any statutory requirements have been met;
specify under which section of the 1996 Act the claim is made;
identify against which (if any) defendants a costs order is sought; and
specify either—
the persons on whom the arbitration claim form is to be served, stating their role in the arbitration and whether they are defendants; or
that the claim is made without notice under section 44(3) of the 1996 Act and the grounds relied on.
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.
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.
The court may give permission to serve an arbitration claim form out of the jurisdiction if— (The place where an award is treated as made is determined by section 53 of the 1996 Act.)
the claimant seeks to— an arbitration award made within the jurisdiction;
challenge; or
appeal on a question of law arising out of,
the claim is for an order under section 44 of the 1996 Act; or
the claimant—
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
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.
An application for permission under paragraph (1) must be supported by written evidence—
stating the grounds on which the application is made; and
showing in what place or country the person to be served is, or probably may be found.
Rules 6.40 to 6.46 apply to the service of an arbitration claim form under paragraph (1).
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.
Where an arbitration claim is made under section 24, 28 or 56 of the 1996 Act, each arbitrator must be a defendant.
Where notice must be given to an arbitrator or any other person it may be given by sending him a copy of—
the arbitration claim form; and
any written evidence in support.
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.
Part 26 and any other rule that requires a party to file a directions questionnaire does not apply.
Arbitration claims are allocated to the multi-track.
Part 29 does not apply.
The automatic directions set out in Practice Direction 62 apply unless the court orders otherwise.
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.
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—
his last known address; or
a place where it is likely to come to his attention.
Where a question arises as to whether— 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.
an arbitration agreement has been concluded; or
the dispute which is the subject-matter of the proceedings falls within the terms of such an agreement,
The court may vary the period of 28 days fixed by section 70(3) of the 1996 Act for—
challenging the award under section 67 or 68 of the Act; and
appealing against an award under section 69 of the Act.
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.
After the period of 28 days has expired—
an application for an order extending time under paragraph (1) must—
be made in the arbitration claim form; and
state the grounds on which the application is made;
any defendant may file written evidence opposing the extension of time within 7 days after service of the arbitration claim form; and
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.
The court may order that an arbitration claim be heard either in public or in private.
Rule 39.2 does not apply.
Subject to any order made under paragraph (1)—
the determination of— will be heard in public; and
a preliminary point of law under section 45 of the 1996 Act; or
an appeal under section 69 of the 1996 Act on a question of law arising out of an award,
all other arbitration claims will be heard in private.
Paragraph (3)(a) does not apply to—
the preliminary question of whether the court is satisfied of the matters set out in section 45(2)(b); or
an application for permission to appeal under section 69(2)(b).
This Section of this Part contains rules about arbitration claims to which the old law applies.
In this Section—
“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
“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.
This Section does not apply to—
a claim to which Section III of this Part applies; or
a claim on the award.
A claim— must be made in the High Court and will be heard by a judge of the Commercial Court unless any such judge directs otherwise.
seeking permission to appeal under section 1(2) of the 1979 Act;
under section 1(5) of that Act (including any claim seeking permission); or
under section 5 of that Act,
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.
Where an arbitration claim is to be made in existing proceedings—
it must be made by way of application notice; and
any reference in this Section of this Part to an arbitration claim form includes a reference to an application notice.
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—
the arbitrator or umpire; and
any other party to the reference.
If— the claim may be started in that Registry.
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
the attendance of the witness is required within the district of a District Registry,
An arbitration claim to— must be made, and the arbitration claim form served, within 21 days after the award has been made and published to the parties.
remit an award under section 22 of the 1950 Act;
set aside an award under section 23(2) of that Act or otherwise; or
direct an arbitrator or umpire to state the reasons for an award under section 1(5) of the 1979 Act,
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—
the arbitrator or umpire gave his consent in writing to the claim being made; or
the other parties so consented.
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.
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.
In every arbitration claim to which this rule applies—
the arbitration claim form must state the grounds of the claim or appeal;
where the claim or appeal is based on written evidence, a copy of that evidence must be served with the arbitration claim form; and
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.
In an appeal under section 1(2) of the 1979 Act— must be filed and served with the arbitration claim form.
a statement of the grounds for the appeal specifying the relevant parts of the award and reasons; and
where permission is required, any written evidence in support of the contention that the question of law concerns— which is not a “one-off” term or event,
a term of a contract; or
an event,
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.
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.
Subject to paragraph (2)— may be served out of the jurisdiction with the permission of the court if the arbitration to which the claim relates—
any arbitration claim form in an arbitration claim under the 1950 Act or the 1979 Act; or
any order made in such a claim,
is governed by the law of England and Wales; or
has been, is being, or will be, held within the jurisdiction.
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.
An application for permission to serve an arbitration claim form out of the jurisdiction must be supported by written evidence—
stating the grounds on which the application is made; and
showing in what place or country the person to be served is, or probably may be found.
Rules 6.40 to 6.46 apply to the service of an arbitration claim form under paragraph (1).
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.
This Section of this Part applies to all arbitration enforcement proceedings other than by a claim on the award.
An application for permission under— to enforce an award in the same manner as a judgment or order may be made without notice in an arbitration claim form.
section 66 of the 1996 Act;
section 101 of the 1996 Act;
section 26 of the 1950 Act; or
section 3(1)(a) of the 1975 Act,
The court may specify parties to the arbitration on whom the arbitration claim form must be served.
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.
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.
Where the applicant applies to enforce an agreed award within the meaning of section 51(2) of the 1996 Act—
the arbitration claim form must state that the award is an agreed award; and
any order made by the court must also contain such a statement.
An application for permission must be supported by written evidence—
exhibiting—
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);
where the application is under section 101 of the 1996 Act, the documents required to be produced by section 102 of that Act; or
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;
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
stating either—
that the award has not been complied with; or
the extent to which it has not been complied with at the date of the application.
An order giving permission must—
be drawn up by the claimant; and
be served on the defendant by—
delivering a copy to him personally; or
sending a copy to him at his usual or last known place of residence or business.
An order giving permission may be served out of the jurisdiction—
without permission; and
in accordance with rules 6.40 to 6.46 as if the order were an arbitration claim form.
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—
the defendant may apply to set aside the order; and
the award must not be enforced until after—
the end of that period; or
any application made by the defendant within that period has been finally disposed of.
The order must contain a statement of—
the right to make an application to set the order aside; and
the restrictions on enforcement under rule 62.18(9)(b).
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.
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—
whether simple or compound interest was awarded;
the date from which interest was awarded;
where rests were provided for, specifying them;
the rate of interest awarded; and
a calculation showing—
the total amount claimed up to the date of the statement; and
any sum which will become due on a daily basis.
A statement under paragraph (1) must be filed whenever the amount of interest has to be quantified for the purpose of—
obtaining a judgment or order under section 66 of the 1996 Act (enforcement of the award); or
enforcing such a judgment or order.
Where— rules 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).
an award is made in proceedings on an arbitration in any part of a British overseas territory or other territory to which Part I of the Foreign Judgments (Reciprocal Enforcement) Act 1933 (“the 1933 Act”) extends;
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
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,
The modifications referred to in paragraph (1) are as follows—
for references to the State of origin are substituted references to the place where the award was made; and
the written evidence required by rule 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.
In this rule—
“the 1966 Act” means the Arbitration (International Investment Disputes) Act 1966;
“award” means an award under the Convention;
“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;
“judgment creditor” means the person seeking recognition or enforcement of an award; and
“judgment debtor” means the other party to the award.
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—
rule 74.1;
rule 74.3;
rule 74.4(1), (2)(a) to (d), and (4);
rule 74.6 (except paragraph (3)(c) to (e)); and
rule 74.9(2).
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.
The written evidence required by rule 74.4 in support of an application for registration must—
exhibit the award certified under the Convention instead of the judgment (or a copy of it); and
in addition to stating the matters referred to in rule 74.4(2)(a) to (d), state whether—
at the date of the application the enforcement of the award has been stayed (provisionally or otherwise) under the Convention; and
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.
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— the court may stay the enforcement of the award for such time as it considers appropriate.
that the enforcement of the award has been stayed (whether provisionally or otherwise) under the Convention; or
that an application has been made under the Convention which, if granted, might result in a stay of the enforcement of the award,
This Part applies to all intellectual property claims including—
registered intellectual property rights such as—
patents;
registered designs; and
registered trade marks; and
unregistered intellectual property rights such as—
copyright;
design right;
the right to prevent passing off; and
the other rights set out in Practice Direction 63.
In this Part—
“the 1977 Act” means the Patents Act 1977;
“the 1988 Act” means the Copyright, Designs and Patents Act 1988;
“the 1994 Act” means the Trade Marks Act 1994;
“the Comptroller” means the Comptroller General of Patents, Designs and Trade Marks;
“patent” means a patent under the 1977 Act or a supplementary protection certificate granted by the Patent Office under Article 10(1) of Council Regulation (EEC) No. 1768/92 or of Regulation (EC) No. 1610/96 of the European Parliament and the Council and includes any application for a patent or supplementary protection certificate;
“Patents Court” means the Patents Court of the High Court constituted as part of the Chancery Division by section 6(1) of the Senior Courts Act 1981;
‘Intellectual Property Enterprise Court’ means a specialist list established within the Chancery Division of the High Court;
‘enterprise judge’ means a judge authorised by the Chancellor of the High Court to sit in the Intellectual Property Enterprise Court;
(Repealed)
“the register” means whichever of the following registers is appropriate—
patents maintained by the Comptroller under section 32 of the 1977 Act;
designs maintained by the registrar under section 17 of the Registered Designs Act 1949;
trade marks maintained by the registrar under section 63 of the 1994 Act;
Community trade marks maintained by the Office for Harmonisation in the Internal Market under Article 83 of Council Regulation (EC) No. 207/2009 ;
Community designs maintained by the Office for Harmonisation in the Internal Market under Article 72 of Council Regulation (EC) No. 6/2002; ...
plant varieties maintained by the Controller under regulation 12 of the Plant Breeders’ Rights Regulations 1998; and
Community plant variety rights maintained by the Community Plant Variety Right Office under Article 87 of Council Regulation (EC) No. 2100/94; and
“the registrar” means— whichever is appropriate.
the registrar of trade marks; or
the registrar of registered designs,
Save as provided in rule 63.27, claims to which this Part applies are allocated to the multi-track. Rule 26.3(1) applies save for the modification that the court will send the parties a notice requiring the parties to file proposed directions by the date specified in the notice. For a claim which is allocated to the multi-track by this rule, rule 26.3(1B) and rules 26.4 to 26.10 do not apply.
This Section applies to—
any claim under—
the 1977 Act;
the Registered Designs Act 1949;
the Defence Contracts Act 1958; and
any claim relating to—
Community registered designs;
semiconductor topography rights; or
plant varieties.
Claims to which this Section applies must be started in—
the Patents Court; or
the Intellectual Property Enterprise Court.
Claims in the Patents Court form a specialist list for the purpose of rule 30.5.
(Repealed)
Claims to which this Section applies must be started—
by a Part 7 claim form; or
in existing proceedings under Part 20.
A statement of case in a claim for infringement or a claim in which the validity of a patent or registered design is challenged must contain particulars as set out in Practice Direction 63.
Part 15 applies with the modification—
to rule 15.4(1)(b) that in a claim for infringement under rule 63.6, the period for filing a defence where the defendant files an acknowledgment of service under Part 10 is 42 days after service of the particulars of claim;
that where rule 15.4(2) provides for a longer period to file a defence than in rule 63.7(a), then the period of time in rule 15.4(2) will apply; and
to rule 15.8 that the claimant must— within 21 days of service of the defence.
file any reply to a defence; and
serve it on all other parties,
Parties do not need to file a directions questionnaire.
The following provisions only of Part 29 apply—
rule 29.3(2) (legal representatives to attend case management conferences);
rule 29.4 (the parties must endeavour to agree case management directions); and
rule 29.5 (variation of case management timetable) with the exception of paragraph (1)(b) and (c).
As soon as practicable the court will hold a case management conference which must be fixed in accordance with Practice Direction 63.
Part 31 is modified to the extent set out in Practice Direction 63.
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.
The application notice must—
give particulars of—
the proposed amendment sought; and
the grounds upon which the amendment is sought;
state whether the applicant will contend that the claims prior to the amendment are valid; and
be served by the applicant on all parties and the Comptroller within 7 days of it being filed.
The application notice must, if it is reasonably possible, be served on the Comptroller electronically.
Unless the court otherwise orders, the Comptroller will, as soon as practicable, advertise the application to amend in the journal.
The advertisement will state that any person may apply to the Comptroller for a copy of the application notice.
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.
Within 28 days of the first appearance of the advertisement the applicant must apply to the court for directions.
Unless the court otherwise orders, the applicant must within 7 days serve on the Comptroller any order of the court on the application.
In this rule “the journal” means the journal published pursuant to rules under section 123(6) of the 1977 Act.
This rule applies where the Comptroller—
declines to deal with a question under section 8(7), 12(2), 37(8) or 61(5) of the 1977 Act;
declines to deal with an application under section 40(5) of the 1977 Act; or
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 start a claim for that purpose within 14 days of receiving notification of the Comptroller’s decision.
A person who fails to start a claim within the time prescribed by rule 63.11(2) will be deemed to have abandoned the reference or application.
A party may apply to the Comptroller or the court to extend the period for starting a claim prescribed by rule 63.11(2) even where the application is made after expiration of that period.
An application by an employee for compensation under section 40(1) or (2) of the 1977 Act must be made—
in a claim form; and
within the period prescribed by paragraphs (2), (3) and (4).
The prescribed period begins on the date of the grant of the patent and ends 1 year after the patent has ceased to have effect.
Where the patent has ceased to have effect as a result of failure to pay renewal fees, the prescribed period continues as if the patent has remained continuously in effect provided that—
the renewal fee and any additional fee are paid in accordance with section 25(4) of the 1977 Act; or
restoration is ordered by the Comptroller following an application under section 28 of the 1977 Act.
Where restoration is refused by the Comptroller following an application under section 28 of the 1977 Act, the prescribed period will end 1 year after the patent has ceased to have effect or 6 months after the date of refusal, whichever is the later.
Claims relating to matters arising out of the 1994 Act and other intellectual property rights set out in Practice Direction 63 must be started in—
the Chancery Division;
the Intellectual Property Enterprise Court; or
save as set out in Practice Direction 63, a County Court hearing centre where there is also a Chancery District Registry.
Subject to paragraph (2), Part 6 applies to service of a claim form and any document in any proceedings under this Part.
A claim form relating to a registered right may be served—
on a party who has registered the right at the address for service given for that right in the appropriate register at— provided the address is within the United Kingdom; or
the United Kingdom Patent Office; or
the Office for Harmonisation in the Internal Market,
in accordance with rule ... 6.33(1) or 6.33(2) on a party who has registered the right at the address for service given for that right in the appropriate register at—
the United Kingdom Patent Office; or
the Office for Harmonisation in the Internal Market.
Where a party seeks any remedy (whether by claim form, counterclaim or application notice), which would if granted affect an entry in any United Kingdom Patent Office register, that party must serve on the Comptroller or registrar—
the claim form, counterclaim or application notice;
any other statement of case where relevant (including any amended statement of case); and
any accompanying documents.
Where the documents set out in rule 63.14(3) are served, the Comptroller or registrar—
may take part in proceedings; and
need not serve a defence or other statement of case unless the court orders otherwise.
Part 52 applies to appeals from decisions of the Comptroller and the registrar.
Appeals about patents and registered designs must be made to the Patents Court, and other appeals to the Chancery Division.
Where Part 52 requires a document to be served, it must also be served on the Comptroller or registrar, as appropriate.
This Part, as modified by this Section, applies to claims started in or transferred to the Intellectual Property Enterprise Court.
In proceedings in the Intellectual Property Enterprise Court in which a claim is made for damages or an account of profits, the amount or value of that claim shall not exceed £500,000.
In determining the amount or value of a claim for the purpose of paragraph (1), a claim for— shall be disregarded.
interest, other than interest payable under an agreement; or
costs,
Paragraph (1) shall not apply if the parties agree that the Intellectual Property Enterprise Court shall have jurisdiction to award damages or profits in excess of £500,000.
Rule 30.5 applies save for the modifications—
a judge sitting in the County Court or the general Chancery Division may order proceedings to be transferred to the Intellectual Property Enterprise Court; and
an application for the transfer of proceedings from the County Court or the general Chancery Division to the Intellectual Property Enterprise Court may be made to a judge sitting in the County Court or the general Chancery Division respectively.
When considering whether to transfer proceedings to or from the Intellectual Property Enterprise Court, the court will have regard to the provisions of Practice Direction 30.
Subject to paragraph (2), proceedings in the Intellectual Property Enterprise Court will be dealt with by an enterprise judge.
(Repealed)
Unless the court otherwise orders, the following matters will be dealt with by a District Judge—
allocation of claims to the small claims track or multi-track in accordance with rule 63.27(3);
claims allocated to the small claims track; and
all proceedings for the enforcement of any financial element of an Intellectual Property Enterprise Court judgment.
For the purposes of the Practice Direction 52A – Appeals: General Provisions, a decision of a District Judge shall be treated as a decision by a District Judge hearing a ... claim in the County Court. An appeal from such a decision shall be heard by an enterprise judge.
Part 16 applies with the modification that a statement of case must set out concisely all the facts and arguments upon which the party serving it relies.
The particulars of claim must state whether the claimant has complied with paragraph 6 of the Practice Direction (Pre-Action Conduct).
Part 22 applies with the modification that the statement of truth verifying a statement of case must be signed by a person with knowledge of the facts alleged, or if no one person has knowledge of all the facts, by persons who between them have knowledge of all the facts alleged.
Rule 63.7 does not apply and Part 15 applies with the following modifications.
Where the particulars of claim contain a confirmation in accordance with rule 63.20(2), the period for filing a defence where the defendant files an acknowledgment of service under Part 10 is 42 days after service of the particulars of claim unless rule 15.4(2) provides for a longer period to do so.
Where the particulars of claim do not contain a confirmation in accordance with rule 63.20(2), the period for filing a defence where the defendant files an acknowledgment of service under Part 10 is 70 days after service of the particulars of claim.
Where the claimant files a reply to a defence it must be filed and served on all other parties within 28 days of service of the defence.
Where the defendant files a reply to a defence to a counterclaim it must be filed and served on all other parties within 14 days of service of the defence to the counterclaim.
The periods in this rule may only be extended by order of the court and for good reason.
At the first case management conference after those defendants who intend to file and serve a defence have done so, the court will identify the issues and decide whether to make an order in accordance with paragraph 29.1 of Practice Direction 63.
Save in exceptional circumstances the court will not permit a party to submit material in addition to that ordered under paragraph (1).
The court may determine the claim on the papers where all parties consent.
Rule 63.9 does not apply.
Part 31 applies save that the provisions on standard disclosure do not apply.
Part 23 applies with the modifications set out in this rule.
Except at the case management conference provided for in rule 63.23(1), a respondent to an application must file and serve on all relevant parties a response within 5 days of the service of the application notice.
The court will deal with an application without a hearing unless the court considers it necessary to hold a hearing.
An application to transfer the claim to the Patents Court or general Chancery Division or to stay proceedings must be made before or at the case management conference provided for in rule 63.23(1).
The court will consider an application to transfer the claim later in the proceedings only where there are exceptional circumstances.
Subject to paragraph (2), the court will reserve the costs of an application to the conclusion of the trial when they will be subject to summary assessment.
Where a party has behaved unreasonably the court may make an order for costs at the conclusion of the hearing.
Where the court makes a summary assessment of costs, it will do so in accordance with Section IV of Part 45.
A claim started in or transferred to the Intellectual Property Enterprise Court will be allocated to the small claims track if—
rule 63.13, but not rule 63.2, applies to the claim;
the value of the claim is not more than £10,000;
it is stated in the particulars of claim that the claimant wishes the claim to be allocated to the small claims track; and
no objection to the claim being allocated to the small claims track is raised by the defendant in the defence.
(Repealed)
If either— the court will allocate the claim to the small claims track or the multi-track in accordance with Part 26 (case management – preliminary stage). For that purpose the court will send the parties a directions questionnaire and require them to file completed directions questionnaires and to serve them on all other parties within 14 days
the requirements of rule 63.27(1)(a), (b) and (c) are satisfied, but in the defence the defendant objects to the claim being allocated to the small claims track; or
the requirements of rule 63.27(1)(a) and (b) are satisfied, but not (c), and in the defence the defendant requests that the claim be allocated to the small claims track,
Part 27 (small claims track) shall apply to claims allocated to the small claims track in the Intellectual Property Enterprise Court with the modification to rule 27.2(1)(a) that Part 25 (interim remedies) shall not apply to such claims at all. Section IV of Part 45 (scale costs for claims in the Intellectual Property Enterprise Court) shall not apply to claims allocated to the small claims track in the Intellectual Property Enterprise Court.
To the extent provided by this rule, this Part shall apply to a claim allocated to, or requested to be allocated to, the small claims track in the Intellectual Property Enterprise Court.
Rules 63.1, 63.13, 63.18, 63.20, 63.21, 63.22, 63.25, 63.26(1) and (2), and 63.27 shall apply to the claim.
No other rules in this Part shall apply.
This Part applies to claims in the Financial List.
In this Part and Practice Direction 63AA, “Financial List claim” means any claim which—
principally relates to loans, project finance, banking transactions, derivatives and complex financial products, financial benchmark, capital or currency controls, bank guarantees, bonds, debt securities, private equity deals, hedge fund disputes, sovereign debt, or clearing and settlement, and is for more than £50 million or equivalent;
requires particular expertise in the financial markets; or
raises issues of general importance to the financial markets.
“Financial markets” for these purposes include the fixed income markets (covering repos, bonds, credit derivatives, debt securities and commercial paper generally), the equity markets, the derivatives markets, the loan markets, the foreign currency markets, and the commodities markets.
The Financial List is a single specialist list. Claims in the Financial List may be commenced in the Commercial Court or the Chancery Division in London.
The Chancellor of the High Court and the Judge in Charge of the Commercial Court have joint overall responsibility for all claims in the Financial List.
These Rules and their practice directions apply to claims in the Financial List unless this Part or a practice direction provides otherwise.
A Financial List claim may be started in the Financial List.
All claims in the Financial List will be allocated at the time of the first case management conference to a designated judge who is a Financial List judge.
A Financial List judge is a judge of the Chancery Division or the Commercial Court who has been authorised to try claims in the Financial List.
Rule 30.5 applies to proceedings in the Financial List, except that a Financial List judge may order a claim to be transferred to any other specialist list.
Rules 58.5 to 58.13 and 58.15 apply to claims in the Financial List in the same manner as they apply to claims in the Commercial List.
This Part contains rules—
in Section I, about claims relating to—
the administration of estates of deceased persons, and
trusts; and
in Section II, about charity proceedings.
In this Part and Practice Directions 64A and 64B, where appropriate, references to trustees include executors and administrators.
All proceedings in the High Court to which this Part applies must be brought in the Chancery Division.
This Section of this Part applies to claims—
for the court to determine any question arising in—
the administration of the estate of a deceased person; or
the execution of a trust;
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”);
under the Variation of Trusts Act 1958; or
under section 48 of the Administration of Justice Act 1985.
A claim to which this Section applies must be made by issuing a Part 8 claim form.
In a claim to which this Section applies, other than an application under section 48 of the Administration of Justice Act 1985—
all the trustees must be parties;
if the claim is made by trustees, any of them who does not consent to being a claimant must be made a defendant; and
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.
In addition, in a claim under the Variation of Trusts Act 1958, unless the court directs otherwise any person who— must, if still alive, be made a party to the claim.
created the trust; or
provided property for the purposes of the trust,
This Section applies to charity proceedings.
In this Section—
“the Act” means the Charities Act 1993;
“charity proceedings” has the same meaning as in section 33(8) of the Act; and
“the Commissioners” means the Charity Commissioners for England and Wales.
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.
The application must be made by issuing a Part 8 claim form, which must contain the information specified in Practice Direction 64A.
The Commissioners must be made defendants to the claim, but the claim form need not be served on them or on any other person.
The judge considering the application may direct the Commissioners to file a written statement of their reasons for their decision.
The court will serve on the applicant a copy of any statement filed under paragraph (4).
The judge may either—
give permission without a hearing; or
fix a hearing.
This Part contains rules—
in Section I, about injunctions under the Housing Act 1996;
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;
in Section III, about claims for demotion orders under the Housing Act 1985 and Housing Act 1988 and proceedings relating to demoted tenancies;
in Section IV, about anti-social behaviour orders under the Crime and Disorder Act 1998;
in Section V, about claims under section 3 of the Protection from Harassment Act 1997 ; ...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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; ...
in Section VII, about parenting orders under sections 26A and 26B of the Anti-social Behaviour Act 2003 ; and
in Section VIII, about injunctions under the Policing and Crime Act 2009.
(Repealed)
(Repealed)
(Repealed)
(Repealed)
(Repealed)
(Repealed)
(Section 91 of the 2003 Act and 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)
This Section applies to applications by local authorities under section 91(3) of the Anti-social Behaviour Act 2003 or under section 27(3) of the Police and Justice Act 2006 for a power of arrest to be attached to an injunction.
In this Section “the 2003 Act” means the Anti-social Behaviour Act 2003.
In this Section “the 2006 Act” means the Police and Justice Act 2006.
(Attention is drawn to rule 25.3(3)–applications without notice)
An application under section 91(3) of the 2003 Act or 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—
the claim form;
the acknowledgment of service;
the defence or counterclaim in a Part 7 claim; or
application under Part 23.
Every application must be supported by written evidence.
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.
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—
rule 65.4; and
paragraphs (1), (2), (4) and (5) of rule 65.6.
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—
rule 65.4;
paragraphs (1), (2), (4) and (5) of rule 65.6;
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
paragraph (2) of rule 65.7.
(Repealed)
This Section applies to—
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”); ...
claims by a landlord for an order under section 121A of the Housing Act 1985 (“a suspension order”); and
proceedings relating to a tenancy created by virtue of a demotion order.
In this Section—
“a demotion claim” means a claim made by a landlord for a demotion order; ...
“a demoted tenancy” means a tenancy created by virtue of a demotion order ;
“suspension claim” means a claim made by a landlord for a suspension order; and
“suspension period” means the period during which the suspension order suspends the right to buy in relation to the dwelling house.
Where a demotion order or 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 accordance with rule 55.3(1).
Where a demotion claim or suspension claim (or both) is made other than in a possession claim, rules 65.14 to 65.19 apply.
(Practice Direction 65 makes further provision in respect of claims which are not made at the County Court hearing centre which serves the address where the property is situated.) (Part 16 and Practice Direction 65 provide details about the contents of the particulars of claim)
The claim may be made at any County Court hearing centre;
the claim will be issued by the hearing centre where the claim is made; and
if the claim is not made at the County Court hearing centre which serves the address where the property is situated, the claim, when it is issued, will be sent to that hearing centre.
The claim form and form of defence sent with it must be in the forms set out in Practice Direction 65.
The particulars of claim must be filed and served with the claim form.
(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)
The court will fix a date for the hearing when it issues the claim form.
The hearing date will be not less than 28 days from the date of issue of the claim form.
The standard period between the issue of the claim form and the hearing will be not more than 8 weeks.
The defendant must be served with the claim form and the particulars of claim not less than 21 days before the hearing date.
An acknowledgement of service is not required and Part 10 does not apply.
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.
Part 12 (default judgment) does not apply ....
(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)
At the hearing fixed in accordance with rule 65.16(1) or at any adjournment of that hearing the court may—
decide the claim; or
give case management directions.
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.
Except where— 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.
the claim is allocated to the fast track or the multi-track; or
the court directs otherwise,
All witness statements must be filed and served at least two days before the hearing.
Where the claimant serves the claim form and particulars of claim, the claimant must produce at the hearing a certificate of service of those documents and rule 6.17(2)(a) does not apply.
When the court decides the track for the claim, the matters to which it shall have regard include—
the matters set out in rule 26.8; and
the nature and extent of the conduct alleged.
A practice direction may make provision about proceedings relating to demoted tenancies.
This Section applies to applications in proceedings in the 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.
In this Section—
“the 1998 Act” means the Crime and Disorder Act 1998;
“relevant authority” has the same meaning as in section 1(1A) of the 1998 Act; and
“the principal proceedings” means any proceedings in the County Court.
Subject to paragraph (2)—
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
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.
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.
Where the application is made by application notice, it should normally be made on notice to the person against whom the order is sought.
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—
in accordance with Section I of Part 19;
in the same application notice as the application for an order under section 1B(4) of the 1998 Act against the person; and
as soon as possible after the relevant authority considers that the criteria in section 1B(3A) of the 1998 Act are met.
The application notice must contain—
the relevant authority’s reasons for claiming that the person’s anti-social acts are material in relation to the principal proceedings; and
details of the anti-social acts alleged.
The application should normally be made on notice to the person against whom the order is sought.
Where the relevant authority is not a party to the principal proceedings—
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
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.
The applications—
must be made as soon as possible after the authority becomes aware of the principal proceedings; and
should normally be made on notice to the person against whom the order is sought.
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.
An application for an interim order under section 1D of the 1998 Act must be made in accordance with Part 25.
The application should normally be made—
in the claim form or application notice seeking the order; and
on notice to the person against whom the order is sought.
This Section applies to proceedings under section 3 of the Protection from Harassment Act 1997 (“the 1997 Act”).
A claim under section 3 of the 1997 Act—
shall be subject to the Part 8 procedure and—
...
in the High Court, must be commenced in the Queen’s Bench Division, or
in the County Court, may be commenced at any County Court hearing centre.
If the application is commenced at a County Court hearing centre which does not serve the address where— the claim will be issued by the County Court hearing centre where the claim is commenced and sent to the hearing centre serving the address at (a)(i) or (ii), as appropriate. (Practice Direction 65 makes further provision in respect of claims which are not commenced at the County Court hearing centre which serves the address where the property is situated.)
the defendant resides or carries on business; or
the claimant resides or carries on business,
An application for a warrant of arrest under section 3(3) of the 1997 Act—
must be made in accordance with Part 23; and
may be made without notice.
The application notice must be supported by affidavit evidence which must—
set out the grounds for the application;
state whether the claimant has informed the police of the conduct of the defendant as described in the affidavit; and
state whether, to the claimant’s knowledge, criminal proceedings are being pursued.
The judge before whom a person is brought following his arrest may—
deal with the matter; or
adjourn the proceedings.
Where the proceedings are adjourned and the arrested person is released—
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
the arrested person must be given not less than 2 days' notice of the hearing.
This Section applies to applications in proceedings in the 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.
In this Section—
“the 2006 Act” means the Violent Crime Reduction Act 2006;
“relevant authority” has the same meaning as in section 14(1) of the 2006 Act; and
“the principal proceedings” means any proceedings in the County Court.
Subject to paragraph (2)—
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
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.
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.
Where the application is made by application notice, it should normally be made on notice to the person against whom the order is sought.
Where the relevant authority is not a party to the principal proceedings—
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
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.
The applications—
must be made as soon as possible after the relevant authority becomes aware of the principal proceedings; and
should normally be made on notice to the person against whom the order is sought.
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—
in accordance with Section I of Part 19;
in the same application notice as the application for an order under section 4(7) of the 2006 Act against the person; and
as soon as possible after the relevant authority considers that the criteria in section 4(4) of the 2006 Act are met.
The application notice must contain—
the relevant authority’s reasons for claiming that the person’s conduct is material in relation to the principal proceedings; and
details of the conduct alleged.
The application should normally be made on notice to the person against whom the order is sought.
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.
An application for an interim order under section 9 of the 2006 Act must be made in accordance with Part 25.
The application should normally be made—
in the claim form or application notice seeking the order; and
on notice to the person against whom the order is sought.
An application for an interim order may be— with the permission of the court.
made without a copy of the application notice being served on the person against whom the order is sought;
heard in the absence of the person against whom the order is sought,
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.
In this Section—
“the 2003 Act” means the Anti-social Behaviour Act 2003; and
“relevant authority” has the same meaning as in section 26C of the 2003 Act.
Subject to paragraph (2)—
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
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.
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.
Where the application is made by application notice, it must normally be made on notice to the person against whom the order is sought.
Where the relevant authority is not a party to the proceedings—
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
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.
The applications—
must be made as soon as possible after the relevant authority becomes aware of the proceedings; and
must normally be made on notice to the person against whom the order is sought.
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—
in the same application notice as the application for an order under section 26A or 26B of the 2003 Act; and
as soon as possible after the relevant authority considers that the grounds for the application are met.
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.
The application notice must contain—
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
details of the behaviour alleged.
The application must normally be made on notice to the person against whom the order is sought.
An application under section 26A, 26B or 26C of the 2003 Act must be accompanied by written evidence.
This Section applies to applications for an injunction and other related proceedings under Part 4 of the Policing and Crime Act 2009 (Injunctions: gang-related violence) and under Part 1 of the Anti-social Behaviour, Crime and Policing Act 2014 (Injunctions).
In this Section—
“the 2009 Act” means the Policing and Crime Act 2009”; and
“the 2014 Act” means the Anti-Social Behaviour, Crime and Policing Act 2014.
An application for an injunction under Part 4 of the 2009 Act or Part 1 of the 2014 Act is subject to the Part 8 procedure as modified by this rule and Practice Direction 65.
The application ...—
must be made by a claim form in accordance with Practice Direction 65;
may be made at any County Court hearing centre; and
must be supported by a witness statement which must be filed with the claim form.
If the application— the application will be issued by the County Court hearing centre where the application is made and sent to the hearing centre serving the address at (b)(i) or (ii), as appropriate. (Practice Direction 65 makes further provision in respect of applications which are not made at the County Court hearing centre which serves the address where the defendant resides or the conduct complained of occurred.)
is on notice; and
is made at a County Court hearing centre which does not serve the address where—
the defendant resides or carries on business; or
the claimant resides or carries on business,
The claim form must state—
the matters required by rule 8.2; and
the terms of the injunction applied for.
An application under this rule may be made without notice and where such an application without notice is made—
the application may—
be made at any County Court hearing centre;
be heard at the hearing centre where the application is made; and
at any stage of the proceedings, be transferred by the court to—
the witness statement in support of the application must state the reasons why notice has not been given; and
the following rules do not apply—
8.3;
8.4;
8.5(2) to (6);
8.6(1);
8.7; and
8.8.
In every application made on notice, the application notice must be served, together with a copy of the witness statement, by the claimant on the defendant personally.
An application made on notice may be listed for hearing before the expiry of the time for the defendant to file an acknowledgment of service under rule 8.3, and in such a case—
the claimant must serve the application notice and witness statement on the defendant not less than 2 days before the hearing; and
the defendant may take part in the hearing whether or not the defendant has filed an acknowledgment of service.
In this rule ‘relevant provision’ means a provision of an injunction to which a power of arrest is attached. (Section 36(6) and (7) and section 40(3) and 41(4) of the 2009 Act and section 4(1)(a) and (b) and (2) of the 2014 Act confer powers to attach a power of arrest to an injunction.)
Where an injunction contains one or more relevant provisions—
each relevant provision must be set out in a separate paragraph of the injunction; and
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.
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.
Where an order is made varying or discharging any relevant provision, the claimant must—
immediately inform the police station to which a copy of the relevant provisions was delivered under paragraph (2)(b); and
deliver a copy of the order to any police station so informed.
An application to vary or discharge an injunction under section 42(1)(b) of the 2009 Act or section 8(1)(a) and (b) of the 2014 Act must be made in accordance with Part 23.
An application by the claimant to vary or discharge the injunction under section 42(1)(b) of the 2009 Act may be made without notice.
If an application under this rule is made without giving notice, the application notice must state the reasons why notice has not been given.
An application for a warrant of arrest under section 44(2) of the 2009 Act or section 10 of the 2014 Act must be made in accordance with Part 23 and may be made without notice.
An applicant for a warrant of arrest under section 44(2) of the 2009 Act or section 10 of the 2014 Act must—
file an affidavit setting out grounds for the application with the application notice; or
give oral evidence of the grounds for the application at the hearing.
Where in accordance with sub-paragraph (2)(b), oral evidence is given, the applicant must produce a written record of that evidence which must be served on the person arrested at the time of the arrest.
This rule applies where a person is arrested pursuant to—
a power of arrest attached to a provision of an injunction; or
a warrant of arrest.
The judge before whom a person is brought following his arrest may—
deal with the matter; or
adjourn the proceedings.
If proceedings under section 43 or 44 of the 2009 Act or section 9 or 10 of the 2014 Act are adjourned and the arrested person is released—
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
the arrested person must be given not less than 2 days’ notice of the hearing.
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 in sub-paragraph (3)(a).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...
with the same consequences as if it had been entered into before the court.
Where, in accordance with paragraph 2(2)(b) of Schedule 5 to the 2009 Act or paragraph 2(3)(b) of Schedule 1 to the 2014 Act, the court fixes the amount of any recognizance with a view to it being taken subsequently, the recognizance may be taken by—
a judge;
a justice of the peace;
a justices’ clerk;
a police officer of the rank of inspector or above, or in charge of a police station; or
where the arrested person is in custody, the governor or keeper of a prison,
The person having custody of an applicant for bail must release that person if satisfied that the required recognizances have been taken.
(Attention is drawn to rule 25.3(3) – applications without notice.)
An application under section 34 or 39 of the 2009 Act or section 5 or 6 of the 2014 Act which includes an application for a power of arrest to be attached to any provision of an injunction must be made in the proceedings seeking the injunction by—
the claim form; or
an application under Part 23.
Every application must be supported by written evidence.
Every application made on notice must be served personally, together with a copy of the written evidence, by the applicant on the person against whom the injunction is sought not less than 2 days before the hearing.
This Part contains rules for civil proceedings by or against the Crown, and other civil proceedings to which the Crown is a party.
In this Part—
“the Act” means the Crown Proceedings Act 1947;
“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);
“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);
“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).
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.
Where by reason of a rule, practice direction or court order the Crown is permitted or required— that function shall be performed by an appropriate officer acting on behalf of the Crown.
to make a witness statement,
to swear an affidavit,
to verify a document by a statement of truth;
to make a disclosure statement; or
to discharge any other procedural obligation,
The court may if necessary nominate an appropriate officer.
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.
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.
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.
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.
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.
The application must be made in the High Court using the Part 8 procedure.
The title of the claim form must clearly identify the matters which give rise to the application.
The following rules do not apply to any order against the Crown—
Rules 40.8A and 70.2A and Parts 69 to 73, 81, 83, 84 and 89; and
(Repealed)
CCR Order 28.
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—
in civil proceedings by or against the Crown;
in proceedings in the Administrative Court;
in connection with an arbitration to which the Crown is a party; or
in other civil proceedings to which the Crown is a party.
An application under section 25(1) of the Act for a separate certificate of costs payable to the applicant may be made without notice.
None of the following orders— may be made or have effect in respect of any money due from the Crown.
a third party debt order under Part 72;
an order for the appointment of a receiver under Part 69; or
an order for the appointment of a sequestrator under RSC Order 45,
In paragraph (1), “money due from the Crown” includes money accruing due, and money alleged to be due or accruing due.
An application for an order under section 27 of the Act— may be made under Part 23.
restraining a person from receiving money payable to him by the Crown; and
directing payment of the money to the applicant or another person,
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.
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.
Notice of the application, with a copy of the written evidence, must be served— at least 7 days before the hearing.
on the Crown, and
on the person to be restrained,
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.
This Part contains rules about the following types of proceedings relating to solicitors—
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);
proceedings under Part III of the Solicitors Act 1974 relating to the remuneration of solicitors (rule 67.3); and
proceedings under Schedule 1 to the Solicitors Act 1974 arising out of the Law Society’s intervention in a solicitor’s practice (rule 67.4).
In this Part— (Section II of Part 46 and paragraphs 6.4 to 6.19 of Practice Direction 46 contain provisions about the procedure and basis for the detailed assessment of solicitor and client costs under Part III of the Act) (Practice Direction 52 contains provisions about appeals to the High Court from the Solicitors Disciplinary Tribunal under section 49 of the Act)
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—
to deliver a bill or cash account;
to pay or deliver up any money or securities;
to deliver a list of the moneys or securities which the solicitor has in his possession or control on behalf of the applicant;
to pay into or lodge in court any such money or securities.
An application for an order under this rule must be made—
by Part 8 claim form; or
if the application is made in existing proceedings, by application notice in accordance with Part 23.
If the solicitor alleges that he has a claim for costs against the applicant, the court may make an order for—
the detailed assessment and payment of those costs; and
securing the payment of the costs, or protecting any solicitor’s lien.
A claim for an order under Part III of the Act for the assessment of costs payable to a solicitor by his client— (Rule 30.2 makes provision for the 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 and paragraphs 4.1 to 4.3 of Practice Direction 47 ...)
which— may be made in the County Court;
relates to contentious business done in the County Court; and
is within the financial limit of the County Court’s jurisdiction specified in section 69(3) of the Act,
in every other case, must be made in the High Court.
A claim for an order under Part III of the Act must be made— (A model form of claim form is annexed to the Costs Practice Direction)
by Part 8 claim form; or
if the claim is made in existing proceedings, by application notice in accordance with Part 23.
A claim in the High Court under Part III of the Act may be determined by—
a High Court judge;
a Master, a costs judge or a District Judge of the Principal Registry of the Family Division; or
a District Judge, if the costs are for—
contentious business done in proceedings in the District Registry of which he is the District Judge;
contentious business done in proceedings in the County Court within the district of that District Registry; or
non-contentious business.
Proceedings in the High Court under Schedule 1 to the Act must be brought—
in the Chancery Division; and
by Part 8 claim form, unless paragraph (4) below applies.
The heading of the claim form must state that the claim relates to a solicitor and is made under Schedule 1 to the Act.
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.
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.
The table below sets out who must be made a defendant to each type of application under Schedule 1.
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—
make an interim order under that paragraph to have effect until the hearing of the application; and
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.
In this Part—
“the court” means the court making the order;
“the European Court” means the Court of Justice of the European Union;
“order” means an order referring a question to the European Court for a preliminary ruling under Article 267 of the Treaty on the Functioning of the European Union or as provided for under any agreement to which the European Union or the Member States of the European Union are parties;
“reference” means a request to the European Court for a preliminary ruling; and
“European Court Procedure Rules” means the Rules of Procedure of the European Court, published on 29 September 2012.
An order may be made at any stage of the proceedings—
by the court of its own initiative; or
on an application by a party in accordance with Part 23.
An order should not normally be made—
in the High Court, by a Master or District Judge;
in the County Court, by a District Judge.
The reference must contain the matters specified in the European Court Procedure Rules and comply with any guidance given by the European Court.
The reference must be set out in a schedule to the order and must be a self-contained document in a form that can be sent to the European Court without the order or any separate judgment of the court.
must be made in a document separate from the reference or in a covering letter accompanying the reference.
Any request made by the court to the European Court that—
one or more persons or entities concerned by the case be granted anonymity;
the reference be determined pursuant to the expedited preliminary ruling procedure;
the reference be determined pursuant to the urgent preliminary ruling procedure; or
the reference be given priority over other cases,
Any such request must state the provision of the European Court Procedure Rules on which it is based and the matters of fact and law on which it is based. In the case of a request that the reference be determined pursuant to the urgent preliminary ruling procedure, it must also, so far as possible, indicate the answer that the court proposes to the question referred.
The reference and, where relevant, any further request made by the court to the European Court must be sent to the Senior Master for onward transmission to the European Court.
The Senior Master will send a copy of the reference and any such request to the Registrar of the European Court.
Unless the court orders otherwise, the Senior Master will send those documents to the Registrar of the European Court without waiting for the time for appealing against the order to expire or for any application for permission to appeal or any appeal to be determined.
Where any new parties are joined to the proceedings after the reference has been sent to the Senior Master, details must be sent promptly to the Senior Master to inform the Registrar of the European Court.
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.
This Part contains provisions about the court’s power to appoint a receiver.
In this Part “receiver” includes a manager.
The court may appoint a receiver—
before proceedings have started;
in existing proceedings; or
on or after judgment.
A receiver must be an individual.
The court may at any time—
terminate the appointment of a receiver; and
appoint another receiver in his place.
An application for the appointment of a receiver—
may be made without notice; and
must be supported by written evidence.
An order appointing a receiver must be served by the party who applied for it on—
the person appointed as receiver;
unless the court orders otherwise, every other party to the proceedings; and
such other persons as the court may direct.
The court may direct that before a receiver begins to act or within a specified time he must either— to cover his liability for his acts and omissions as a receiver.
give such security as the court may determine; or
file and serve on all parties to the proceedings evidence that he already has in force sufficient security,
The court may terminate the appointment of the receiver if he fails to— by the date specified.
give the security; or
satisfy the court as to the security he has in force,
The receiver may apply to the court at any time for directions to assist him in carrying out his function as a receiver.
The court, when it gives directions, may also direct the receiver to serve on any person—
the directions; and
the application for directions.
A receiver may only charge for his services if the court—
so directs; and
specifies the basis on which the receiver is to be remunerated.
The court may specify—
who is to be responsible for paying the receiver; and
the fund or property from which the receiver is to recover his remuneration.
If the court directs that the amount of a receiver’s remuneration is to be determined by the court—
the receiver may not recover any remuneration for his services without a determination by the court; and
the receiver or any party may apply at any time for such a determination to take place.
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—
the time properly given by him and his staff to the receivership;
the complexity of the receivership;
any responsibility of an exceptional kind or degree which falls on the receiver in consequence of the receivership;
the effectiveness with which the receiver appears to be carrying out, or to have carried out, his duties; and
the value and nature of the subject matter of the receivership.
The court may refer the determination of a receiver’s remuneration to a costs judge.
The court may order a receiver to prepare and serve accounts.
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.
Any party may, within 14 days of being served with the accounts, serve notice on the receiver—
specifying any item in the accounts to which he objects;
giving the reason for such objection; and
requiring the receiver, within 14 days of receipt of the notice, either—
to notify all the parties who were served with the accounts that he accepts the objection; or
if he does not accept the objection, to apply for an examination of the accounts in relation to the contested item.
When the receiver applies for the examination of the accounts he must at the same time file—
the accounts; and
a copy of the notice served on him under this rule.
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.
At the conclusion of its examination of the accounts the court will certify the result.
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.
At the hearing the court may make any order it considers appropriate, including—
terminating the appointment of the receiver;
reducing the receiver’s remuneration or disallowing it altogether; and
ordering the receiver to pay the costs of any party.
Where— 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.
the court has ordered a receiver to pay a sum of money into court; and
the receiver has failed to do so,
A receiver or any party may apply for the receiver to be discharged on completion of his duties.
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.
An order discharging or terminating the appointment of a receiver may—
require him to pay into court any money held by him; or
specify the person to whom he must pay any money or transfer any assets still in his possession; and
make provision for the discharge or cancellation of any guarantee given by the receiver as security.
The order must be served on the persons who were required under rule 69.4 to be served with the order appointing the receiver.
(Rules about specific methods of enforcement are contained in Parts 71 to 73, 81, 83, 84 and 89, and Schedule 2 CCR Order 28)
This Part contains general rules about enforcement of judgments and orders.
In this Part and in Parts 71 to 73—
“judgment creditor” means a person who has obtained or is entitled to enforce a judgment or order;
“judgment debtor” means a person against whom a judgment or order was given or made;
“judgment or order” includes an award which the court has— 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
registered for enforcement;
ordered to be enforced; or
given permission to enforce
“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.
Practice Direction 70 sets out methods of enforcing judgments or orders for the payment of money.
A judgment creditor may, except where an enactment, rule or practice direction provides otherwise—
use any method of enforcement which is available; and
use more than one method of enforcement, either at the same time or one after another.
In this rule “disobedient party” means a party who has not complied with a mandatory order, an injunction or a judgment or order for the specific performance of a contract.
Subject to paragraph (4), if a mandatory order, an injunction or a judgment or order for the specific performance of a contract is not complied with, the court may direct that the act required to be done may, so far as practicable, be done by another person, being—
the party by whom the order or judgment was obtained; or
some other person appointed by the court.
Where paragraph (2) applies—
the costs to another person of doing the act will be borne by the disobedient party;
upon the act being done the expenses incurred may be ascertained in such manner as the court directs; and
execution may issue against the disobedient party for the amount so ascertained and for costs.
Paragraph (2) is without prejudice to—
the court’s powers under section 39 of the Senior Courts Act 1981; and
the court’s powers to punish the disobedient party for contempt.
( Rule 83.19 contains provisions about the transfer of County Court proceedings to the High Court for enforcement.)
Subject to rule 83.17, a judgment creditor wishing to enforce a High Court judgment or order in the County Court must apply to the High Court for an order transferring the proceedings.
A practice direction may make provisions about the transfer of proceedings for enforcement.
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.
This rule applies, subject to paragraph (2), where an enactment provides that— may be enforced as if it were a court order or that any sum of money payable under that decision or compromise may be recoverable as if payable under a court order.
a decision of a court, tribunal, body or person other than the High Court or the County Court; or
a compromise,
This rule does not apply to—
any judgment to which Part 74 applies;
arbitration awards;
any order to which RSC Order 115 applies; or
proceedings to which Part 75 (traffic enforcement) applies.
Unless paragraph (3) applies, a party may enforce the decision or compromise by applying for a specific method of enforcement under Parts 71 to 73, 81, 83, 84 and 89, and Schedule 2 CCR Order 28 and must—
file with the court a copy of the decision or compromise being enforced; and
provide the court with the information required by Practice Direction 70.
If an enactment provides that a decision or compromise is enforceable or a sum of money is recoverable if a court so orders, an application for such an order must be made in accordance with paragraphs (4) to (7A) of this rule.
The application—
may, unless paragraph (4A) applies, be made without notice; and
must be made to the court for the district where the person against whom the order is sought, resides or carries on business, unless an enactment, rule or practice direction provides otherwise or the court otherwise orders.
Where a compromise requires a person to whom a sum of money is payable under the compromise to do anything in addition to discontinuing or not starting proceedings (“a conditional compromise”), an application under paragraph (4) must be made on notice.
The application notice must— required by Practice Direction 70.
be in the form; and
contain the information
A copy of the decision or compromise must be filed with the application notice.
An application other than in relation to a conditional compromise may be dealt with by a court officer without a hearing.
Where an application relates to a conditional compromise, the respondent may oppose it by filing a response within 14 days of service of the application notice and if the respondent—
does not file a response within the time allowed, the court will make the order; or
files a response within the time allowed, the court will make such order as appears appropriate.
If an enactment provides that a decision or compromise 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 Practice Direction 70.
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.
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.
A judgment creditor may apply for an order requiring— to attend court to provide information about—
a judgment debtor; or
if a judgment debtor is a company or other corporation, an officer of that body,
the judgment debtor’s means; or
any other matter about which information is needed to enforce a judgment or order.
An application under paragraph (1)—
may be made without notice; and
must be issued in the court or County Court hearing centre which made the judgment or order which it is sought to enforce, except that—
if the proceedings have since been transferred to a different court or hearing centre, it must be issued in that court; or
subject to subparagraph (b)(i), if it is to enforce a judgment made in the County Court Money Claims Centre, it must be issued in accordance with section 2 of Practice Direction 70.
The application notice must— required by Practice Direction 71.
be in the form; and
contain the information
An application under paragraph (1) may be dealt with by a court officer without a hearing.
If the application notice complies with paragraph (3), an order to attend court will be issued in the terms of paragraph (6).
A person served with an order issued under this rule must—
attend court at the time and place specified in the order;
when he does so, produce at court documents in his control which are described in the order; and
answer on oath such questions as the court may require.
An order under this rule will contain a notice in the following terms , or in terms to substantially the same effect—
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.
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.
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.
The judgment creditor must pay such a sum if requested.
The judgment creditor must file an affidavit(GL) or affidavits—
by the person who served the order (unless it was served by the court) giving details of how and when it was served;
stating either that—
the person ordered to attend court has not requested payment of his travelling expenses; or
the judgment creditor has paid a sum in accordance with such a request; and
stating how much of the judgment debt remains unpaid.
The judgment creditor must either—
file the affidavit(GL) or affidavits not less than 2 days before the hearing; or
produce it or them at the hearing.
The person ordered to attend court will be questioned on oath.
The questioning will be carried out by a court officer unless the court has ordered that the hearing shall be before a judge.
The judgment creditor or his representative—
may attend and ask questions where the questioning takes place before a court officer; and
must attend and conduct the questioning if the hearing is before a judge.
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.
the court will refer the matter to a High Court judge or Circuit Judge.
If a person against whom an order has been made under rule 71.2—
fails to attend court;
refuses at the hearing to take the oath or to answer any question; or
otherwise fails to comply with the order,
That judge may, subject to paragraphs (3) and (4), make a committal order against the person.
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.
If a committal order is made, the judge will direct that— (Part 81 contains provisions in relation to committal.)
the order shall be suspended provided that the person—
attends court at a time and place specified in the order; and
complies with all the terms of that order and the original order; and
if the person fails to comply 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.
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.
In this Part, “bank or building society” includes any person carrying on a business in the course of which he lawfully accepts deposits in the United Kingdom.
(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.)
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—
the amount of any debt due or accruing due to the judgment debtor from the third party; or
so much of that debt as is sufficient to satisfy the judgment debt and the judgment creditor’s costs of the application.
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).
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.
An application for a third party debt order—
may be made without notice; and
must be issued in the court which made the judgment or order which it is sought to enforce, except that—
if the proceedings have since been transferred to a different court, it must be issued in that court; or
subject to subparagraph (b)(i), if it is to enforce a judgment made in the County Court Money Claims Centre, it must be issued in accordance with section 2 of Practice Direction 70.
The application notice must—
required by Practice Direction 72; and
be in the form; and
contain the information
be verified by a statement of truth.
An application for a third party debt order will initially be dealt with by a judge without a hearing.
The judge may make an interim third party debt order—
fixing a hearing to consider whether to make a final third party debt order; and
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.
An interim third party debt order will specify the amount of money which the third party must retain, which will be the total of—
the amount of money remaining due to the judgment creditor under the judgment or order; and
an amount for the judgment creditor’s fixed costs of the application, as specified in Practice Direction 72.
An interim third party debt order becomes binding on a third party when it is served on him.
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.
Copies of an interim third party debt order, the application notice and any documents filed in support of it must be served—
on the third party, not less than 21 days before the date fixed for the hearing; and
on the judgment debtor not less than—
7 days after a copy has been served on the third party; and
7 days before the date fixed for the hearing.
If the judgment creditor serves the order, he must either—
file a certificate of service not less than 2 days before the hearing; or
produce a certificate of service at the hearing.
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.
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—
the number of the account;
whether the account is in credit; and
if the account is in credit—
whether the balance of the account is sufficient to cover the amount specified in the order; ...
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 ; and
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.
If— 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.
the judgment debtor does not hold an account with the bank or building society; or
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),
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—
not to owe any money to the judgment debtor; or
to owe less than the amount specified in the order.
If— 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”).
a judgment debtor is an individual;
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
he or his family is suffering hardship in meeting ordinary living expenses as a result,
An application for a hardship payment order may be made—
in High Court proceedings, at the Royal Courts of Justice or to any district registry; and
in County Court proceedings, to any County Court hearing centre.
A judgment debtor may only apply to one court for a hardship payment order.
An application notice seeking a hardship payment order must—
include detailed evidence explaining why the judgment debtor needs a payment of the amount requested; and
be verified by a statement of truth.
Unless the court orders otherwise, the application notice—
must be served on the judgment creditor at least 2 days before the hearing; but
does not need to be served on the third party.
A hardship payment order may—
permit the third party to make one or more payments out of the account; and
specify to whom the payments may be made.
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.
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.
If— the judgment creditor must file and serve written evidence setting out the grounds on which he disputes the third party’s case.
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
the judgment creditor wishes to dispute this,
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.
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.
At the hearing the court may—
make a final third party debt order;
discharge the interim third party debt order and dismiss the application;
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
direct a trial of any such issues, and if necessary give directions.
A final third party debt order shall be enforceable as an order to pay money.
If— 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.
the third party pays money to the judgment creditor in compliance with a third party debt order; or
the order is enforced against him,
Paragraph (2) applies even if the third party debt order, or the original judgment or order against the judgment debtor, is later set aside.
If money is standing to the credit of the judgment debtor in court—
the judgment creditor may not apply for a third party debt order in respect of that money; but
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.
An application notice seeking an order under this rule must be served on—
the judgment debtor; and
the Accountant General at the Court Funds Office.
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.
If the judgment creditor is awarded costs on an application for an order under rule 72.2 or 72.10—
he shall, unless the court otherwise directs, retain those costs out of the money recovered by him under the order; and
the costs shall be deemed to be paid first out of the money he recovers, in priority to the judgment debt.
This Part contains rules which provide for a judgment creditor to enforce a judgment by obtaining— over or against the judgment debtor’s interest in an asset.
a charging order (Section I);
a stop order (Section II); or
a stop notice (Section III),
In this Part—
“the 1979 Act” means the Charging Orders Act 1979;
“the 1992 Regulations” means the Council Tax (Administration and Enforcement) Regulations 1992;
“judgment debtor’s home court” means—
if the application for a charging order is proceeding in the County Court—
if the application for a charging order is proceeding in the High Court, the district registry for the district in which the judgment debtor resides or carries on business or, where there is no such district registry, the Royal Courts of Justice;
“funds in court” includes securities held in court;
“interim charging order” means an interim charging order made in accordance with rule 73.4(5), 73.4(6) or 73.6(3);
“securities” means securities of any of the kinds specified in section 2(2)(b) of the 1979 Act.
This Section applies to an application by a judgment creditor for a charging order under—
section 1 of the 1979 Act; or
regulation 50 of the 1992 Regulations.
(Section 1 of the 1979 Act sets out when applications are to be made to the County Court and when they are to be made to the Family Court or the High Court.)
An application for a charging order may be made without notice.
Where an application for a charging order is to be made to the County Court, it must be made to the County Court Money Claims Centre, unless the application is for a charging order over an interest in a fund in court.
An application to the County Court for a charging order over an interest in a fund in court must be made to the County Court hearing centre where the order or judgment was made.
Subject to paragraphs (2) and (3), a judgment creditor may apply for a single charging order in respect of more than one judgment or order against the same judgment debtor.
The application notice must—
be in the form and contain the information required by Practice Direction 73; and
be verified by a statement of truth.
This rule applies where an application for a charging order is made to the County Court Money Claims Centre.
The application for a charging order will initially be dealt with without a hearing.
Where— the application may initially be dealt with by a court officer.
the application is only for a charging order on the judgment debtor’s interest in land; and
none of the exceptions listed in paragraph (4) apply,
The exceptions referred to are—
an application under section 2(1)(b)(i) of the 1979 Act;
an application for a charging order on the interest of a partner in the partnership property under section 23 of the Partnership Act 1890;
where an instalment order has been made before 1 October 2012;
where the court officer otherwise considers that the application should be dealt with by a judge.
The court officer may make an interim charging order imposing a charge over the judgment debtor’s interest in the asset to which the application relates.
The judge may make an interim charging order—
imposing a charge over the judgment debtor’s interest in the asset to which the application relates; and
if the judge considers it appropriate at that stage, transferring the application to the judgment debtor’s home court for the fixing of a hearing to consider whether to make a final charging order as provided by rule 73.10A(3)(a).
Where a matter has been transferred under paragraph (6), the court must serve notice of the hearing on the judgment creditor and all persons served with the interim charging order under rule 73.7.
A party may request that a decision by a court officer be reconsidered by a District Judge.
A request for reconsideration must be filed within 14 days after the party is served with notice of the decision.
Reconsideration will take place without a hearing.
This rule applies where an application for a charging order is made other than to the County Court Money Claims Centre.
An application for a charging order will initially be dealt with by a judge without a hearing.
The judge may make an interim charging order—
imposing a charge over the judgment debtor’s interest in the asset to which the application relates; and
fixing a hearing to consider whether to make a final charging order as provided by rule 73.10A(3)(a).
Where the interim charging order has been made at the County Court Money Claims Centre and has not been transferred out of that Centre under rule 73.4(6) for a hearing, copies of the interim charging order, the application notice and any documents filed in support of it must be served by the judgment creditor on the persons listed in paragraph (7) within 21 days of the date of the interim charging order.
Where paragraph (1) applies, the judgment creditor must file a certificate of service in relation to each person served together with a statement of the amount due under the judgement or order including any costs and interest, within 28 days of the date of the interim charging order.
Any application for an extension of time for service or filing specified in paragraph (1) or (2)—
must be made to the County Court Money Claims Centre; and
will be dealt with without a hearing.
Where paragraph (1) applies, if the judgment creditor— the matter must be referred to a judge to consider whether to dismiss the application and discharge the interim charging order.
fails to comply with paragraph (1) or (2); and
does not apply for an extension of time within the period specified by paragraph (1) or (2) as appropriate,
Where the interim charging order has been made at a court other than the County Court Money Claims Centre, or where the matter has been transferred out of that Centre under rule 73.4(6) for a hearing, 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 by the judgment creditor on the persons listed in paragraph (7).
Where paragraph (5) applies, the judgment creditor must either—
file a certificate of service in relation to each person served not less than 2 days before the hearing; or
produce a certificate of service at the hearing.
The persons to be served in accordance with paragraph (1) or (5) are—
the judgment debtor;
if the order relates to an interest in land, any co-owner;
the judgment debtor’s spouse or civil partner (if known);
such other creditors as are identified in the application notice or as the court directs;
if the order relates to an interest under a trust, on such of the trustees as the court directs;
if the interest charged is in securities other than securities held in court, then—
in the case of stock for which the Bank of England keeps the register, the Bank of England;
in the case of government stock to which subparagraph (f)(i) does not apply, the keeper of the register;
in the case of stock of any body incorporated within England and Wales, that body;
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;
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
if the interest charged is in funds in court, the Accountant General at the Court Funds Office.
If a judgment debtor disposes of their interest in any securities while they are subject to an interim charging order which has been served on them, that disposition will not, so long as that order remains in force, be valid as against the judgment creditor.
A person served under rule 73.7(7)(f) with an interim charging order relating to securities must not, unless the court gives permission—
permit any transfer of any of the securities; or
pay any dividend, interest or redemption payment relating to them.
If a person acts in breach of paragraph (2), that person will be liable to pay to the judgment creditor—
the value of the securities transferred or the amount of the payment made (as the case may be); or
if less, the amount necessary to satisfy the debt in relation to which the interim charging order was made.
If a judgment debtor disposes of their interest in funds in court while they are subject to an interim charging order which has been served on them and on the Accountant General in accordance with rule 73.7(7), that disposition will not, so long as that order remains in force, be valid as against the judgment creditor.
(Section III of this Part contains provisions about stop notices.)
This rule applies where the interim charging order was made at the County Court Money Claims Centre and the matter has not been transferred under rule 73.4(6) for a hearing.
If any person objects to the court making a final charging order, that person must— written evidence stating the grounds of objection, not later than 28 days after service on that person of the application notice and interim order.
file; and
serve on the judgment creditor,
If any person files evidence stating grounds of objection to the making of a final charging order, the court must, in accordance with paragraph (4), transfer the application for hearing to the judgment debtor’s home court.
Following receipt by the court of one or more objections, the matter must be transferred under paragraph (3)— whichever is the earlier.
once all persons served under rule 73.7 with a copy of the interim charging order have filed and served an objection; or
upon expiry of the period allowed under paragraph (2) for the filing and service of any objection by the last person served under rule 73.7 with a copy of the interim charging order,
Where a matter has been transferred under paragraph (3), the court must serve notice of the hearing on the judgment creditor and all persons served under rule 73.7 with the interim charging order.
Unless the application has been transferred under paragraph (3) for a hearing, the application will be considered by a judge upon expiry of the period allowed under paragraph (2) for the filing and service of any objection by the last person served under rule 73.7 with a copy of the interim charging order.
When considering the application (either at a hearing following a transfer under paragraph (3) or under paragraph (6)), the court may—
make a final charging order confirming that the charge imposed by the interim charging order continues, with or without modification;
discharge the interim charging order and dismiss the application;
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;
direct a trial of any such issues, and if necessary give directions; or
make such other order as the court considers appropriate.
If the court makes a final charging order which charges securities, the order must include a stop notice unless the court otherwise orders.
Any order made must be served by the court on all the persons on whom the interim charging order was required to be served.
(Section III of this Part contains provisions about stop notices.)
This rule applies where an interim charging order was made other than at the County Court Money Claims Centre or has been transferred out of that Centre under rule 73.4(6).
If any person objects to the court making a final charging order, that person must— written evidence stating the grounds of objection, not less than 7 days before the hearing.
file; and
serve on the judgment creditor,
At the hearing the court may—
make a final charging order confirming that the charge imposed by the interim charging order continues, with or without modification;
discharge the interim charging order and dismiss the application;
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;
direct a trial of any such issues, and if necessary give directions; or
make such other order as the court considers appropriate.
If the court makes a final charging order which charges securities other than securities held in court, the order must include a stop notice unless the court otherwise orders.
Any order made at the hearing must be served by the court on all the persons on whom the interim charging order was required to be served.
Where the final charging order was made without a hearing under rule 73.10(7) any application to discharge or vary a charging order must be made to the County Court Money Claims Centre.
Upon the filing of an application to discharge or vary a charging order at the County Court Money Claims Centre, the application must be transferred for a hearing to the judgment debtor’s home court.
Where the final charging order was made at a hearing, any application to discharge or vary a charging order must be made to the court which made the charging order.
The court may direct that—
any interested person be joined as a party to such an application; or
the application be served on any such person.
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.
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.
Where the charging order was made at the County Court Money Claims Centre a claim for an order for sale under this rule must be made to the judgment debtor’s home court.
Subject to paragraph (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.
The claimant must use the Part 8 procedure.
A copy of the charging order must be filed with the claim form.
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.
The High Court may make—
a stop order relating to funds in court, on the application of any person—
who has a mortgage or charge on the interest of any person in the funds; or
to whom that interest has been assigned; or
who is a judgment creditor of the person entitled to that interest; or
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.
An application for a stop order must be made—
by application notice in existing proceedings; or
by Part 8 claim form if there are no existing proceedings in the High Court.
The application notice or claim form must be served on—
every person whose interest may be affected by the order applied for; and
either—
the Accountant General at the Court Funds Office, if the application relates to funds in court; or
the person specified in rule 73.7(7)(f), if the application relates to securities other than securities held in court.
A stop order relating to funds in court shall prohibit the transfer, sale, delivery out, payment or other dealing with—
the funds or any part of them; or
any income on the funds.
A stop order relating to securities other than securities held in court may prohibit all or any of the following steps—
the registration of any transfer of the securities;
the making of any payment by way of dividend, interest or otherwise in respect of the securities; and
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.
The order shall specify—
the securities to which it relates;
the name in which the securities stand;
the steps which may not be taken; and
whether the prohibition applies to the securities only or to the dividends or interest as well.
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.
An application notice seeking the variation or discharge of a stop order must be served on the person who obtained the order.
In this Section—
“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
“securities” does not include securities held in court.
(A stop notice may also be included in a final charging order, by either the High Court or the County Court, under rule 73.10(8) or 73.10A(4).) (A sample form of stop notice is annexed to Practice Direction 73.)
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 request for a stop notice must be made by filing—
a draft stop notice; and
written evidence which—
identifies the securities in question;
describes the applicant’s interest in the securities; and
gives an address for service for the applicant.
If a court officer considers that the request complies with paragraph (2), he will issue a stop notice.
The applicant must serve copies of the stop notice and his written evidence on the person to whom the stop notice is addressed.
A stop notice—
takes effect when it is served in accordance with rule 73.17(4); and
remains in force unless it is withdrawn or discharged in accordance with rule 73.20 or 73.21.
While a stop notice is in force, the person on whom it is served—
must not— without first giving 14 days' notice to the person who obtained the stop notice; but
register a transfer of the securities described in the notice; or
take any other step restrained by the notice,
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.
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.
The amended stop notice takes effect when it is served.
A person who has obtained a stop notice may withdraw it by serving a request for its withdrawal on—
the person or body on whom the stop notice was served; and
the court which issued the stop notice.
The request must be signed by the person who obtained the stop notice, and his signature must be witnessed by a practising solicitor.
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.
An application to discharge or vary a stop notice must be made to the court which issued the notice.
The application notice must be served on the person who obtained the stop notice.
Section I of this Part applies to the enforcement in England and Wales of judgments of foreign courts.
Section II applies to the enforcement in foreign countries of judgments of the High Court and of the County Court.
Section III applies to the enforcement of United Kingdom judgments in other parts of the United Kingdom.
Section IV applies to the enforcement in England and Wales of European Community judgments and Euratom inspection orders.
Section V applies to—
the certification of judgments and court settlements in England and Wales as European Enforcement Orders; and
the enforcement in England and Wales of judgments, court settlements and authentic instruments certified as European Enforcement Orders by other Member States.
Section VI applies to—
the certification in England and Wales of outgoing protection measures; and
the enforcement in England and Wales of certified protection measures from Member States of the European Union other than the United Kingdom or Denmark.
In this Part— ...
“the 1920 Act” means the Administration of Justice Act 1920;
“the 1933 Act” means the Foreign Judgments (Reciprocal Enforcement) Act 1933;
“the 1982 Act” means the Civil Jurisdiction and Judgments Act 1982;
“the Judgments Regulation” means Regulation (EU) No. 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast), as amended from time to time and as applied pursuant to the Agreement made on 19 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; (For application of the recast Judgments Regulation to Denmark, see also the Official Journal of the European Union at OJ L79, 21.3.2013. p.4)
“the EEO Regulation” means Council Regulation (EC) No 805/2004 creating a European Enforcement Order for uncontested claims.
“the Lugano Convention” means the Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, between the European Community and the Republic of Iceland, the Kingdom of Norway, the Swiss Confederation and the Kingdom of Denmark and signed by the European Community on 30th October 2007;
“the 2005 Hague Convention” means the Convention on Choice of Court Agreements concluded on 30th June 2005 at the Hague.
In this Section—
“Contracting State” has the meaning given in section 1(3) of the 1982 Act;
“Regulation State” means a Member State;
“judgment” means, subject to any other enactment, any judgment given by a foreign court or tribunal, whatever the judgment may be called, and includes—
a decree;
an order;
a decision;
a writ of execution or a writ of control; and
the determination of costs by an officer of the court;
“State of origin”, in relation to any judgment, means the State in which that judgment was given;
“writ of control” is to be construed in accordance with section 62(4) of the Tribunals, Courts and Enforcement Act 2007;
“writ of execution” includes— and any further writ in favour of any such writs, but does not include a writ of control.
a writ of possession;
a writ of delivery;
a writ of sequestration;
a writ of fieri facias de bonis ecclesiasticis,
For the purposes of this Section, “domicile” is to be determined—
in an application under the 1982 Act or the Lugano Convention, in accordance with sections 41 to 46 that Act;
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.
This Section provides rules about applications under— for the registration of foreign judgments for enforcement in England and Wales.
section 9 of the 1920 Act, in respect of judgments to which Part II of that Act applies;
section 2 of the 1933 Act, in respect of judgments to which Part I of that Act applies;
sections 4 and 4B of the 1982 Act; and
(Repealed)
the Lugano Convention,
Applications—
must be made to the High Court; and
may be made without notice.
This Section also provides rules about—
the enforcement of foreign judgments in England and Wales under the Judgments Regulation; and
applications for the refusal of recognition and enforcement under the Judgments Regulation.
An application for registration of a judgment under the 1920, 1933 or 1982 Act must be supported by written evidence exhibiting—
the judgment or a verified or certified or otherwise authenticated copy of it; and
where the judgment is not in English, a translation of it into English—
certified by a notary public or other qualified person; or
accompanied by written evidence confirming that the translation is accurate.
The written evidence in support of the application must state—
the name of the judgment creditor and his address for service within the jurisdiction;
the name of the judgment debtor and his address or place of business, if known;
the grounds on which the judgment creditor is entitled to enforce the judgment;
in the case of a money judgment, the amount in respect of which it remains unsatisfied; and
where interest is recoverable on the judgment under the law of the State of origin—
the amount of interest which has accrued up to the date of the application, or
the rate of interest, the date from which it is recoverable, and the date on which it ceases to accrue.
Written evidence in support of an application under the 1920 Act must also state that the judgment is not a judgment—
which under section 9 of that Act may not be ordered to be registered; or
to which section 5 of the Protection of Trading Interests Act 1980 applies.
Written evidence in support of an application under the 1933 Act must also—
state that the judgment is a money judgment;
confirm that it can be enforced by execution in the State of origin;
confirm that the registration could not be set aside under section 4 of that Act;
confirm that the judgment is not a judgment to which section 5 of the Protection of Trading Interests Act 1980 applies;
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
be accompanied by any further evidence as to— which may be required under the relevant Order in Council extending Part I of the 1933 Act to that State.
the enforceability of the judgment in the State of origin, and
the law of that State under which any interest has become due under the judgment,
Written evidence in support of an application under the 1982 Act must also exhibit—
documents which show that, under the law of the State of origin, the judgment is enforceable on the judgment debtor and has been served;
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
where appropriate, a document showing that the judgment creditor is in receipt of legal aid in the State of origin.
Written evidence in support of an application under section 4B of the 1982 Act (registration and enforcement of judgments under the 2005 Hague Convention) must also include any other evidence required by Article 13 of the 2005 Hague Convention.
An application for registration under ... the Lugano Convention must, in addition to the evidence required by ... that Convention, be supported by the evidence required by paragraphs (1)(b) and (2)(e) of this rule.
A person seeking the enforcement of a judgment which is enforceable under the Judgments Regulation must, except in a case falling within article 43(3) of the Regulation (protective measures), provide the documents required by article 42 of the Regulation.
Subject to paragraphs (2) and (3), section II of Part 25 applies to an application for security for the costs of— as if the judgment creditor were a claimant.
the application for registration;
any proceedings brought to set aside the registration; ...
any appeal against the granting of the registration ; and
any application relating to the recognition or enforcement of a judgment pursuant to the Judgments Regulation
A judgment creditor making an application under the 1982 Act or , the Lugano Convention, the Judgments Regulation may not be required to give security solely on the ground that he is resident out of the jurisdiction.
Paragraph (1) does not apply to an application under the 1933 Act where the relevant Order in Council otherwise provides.
An order granting permission to register a judgment (“registration order”) must be drawn up by the judgment creditor and served on the judgment debtor—
by delivering it to the judgment debtor personally;
by any of the methods of service permitted under the Companies Act 2006; or
in such other manner as the court may direct.
Permission is not required to serve a registration order out of the jurisdiction, and rules 6.40, 6.42, 6.43 and 6.46 apply to such an order as they apply to a claim form.
A registration order must state—
full particulars of the judgment registered;
the name of the judgment creditor and his address for service within the jurisdiction;
the right of the judgment debtor—
in the case of registration following an application under the 1920 or the 1933 Act, to apply to have the registration set aside;
in the case of registration following an application under the 1982 Act , the Lugano Convention, ... to appeal against the registration order;
the period within which such an application or appeal may be made; and
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.
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.
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.
The court hearing the application may order any issue between the judgment creditor and the judgment debtor to be tried.
An application under article 45 or 46 of the Judgments Regulation that the court should refuse to recognise or enforce a judgment must be made—
in accordance with Part 23; and
to the court in which the judgment is being enforced or, if the judgment debtor is not aware of any proceedings relating to enforcement, the High Court.
An appeal against a decision granting or refusing an application for refusal of recognition or enforcement of a judgment under the Judgments Regulation must be made in accordance with Part 52, subject to the following provisions of this rule.
Permission is not required to—
appeal; or
put in evidence.
Unless the court orders otherwise, the judgment debtor must, as soon as practicable, serve copies of any order made under article 45 or 46 or in any appeal under article 49 on— and any such order will not have effect on any person until it has been served.
all other parties to the proceedings and any other person affected by the order;
any court in which proceedings relating to enforcement of the judgment are pending in England and Wales; and
any enforcement agent or enforcement officer (as defined in rule 83.1(2)) instructed by the judgment creditor,
The court may require the judgment creditor to disclose to the judgment debtor the court or courts in which any proceedings relating to enforcement of the judgment are pending in England and Wales.
An application for relief under article 44 of the Judgments Regulation must be made—
in accordance with Part 23; and
to the court in which the judgment is being enforced or, if the judgment debtor is not aware of any proceedings relating to enforcement, the High Court.
The judgment debtor must, as soon as practicable, serve copies of any order made under article 44 on— and any such order will not have effect on any person until it has been served.
all other parties to the proceedings and any other person affected by the order;
any court in which proceedings relating to enforcement of the judgment are pending in England and Wales; and
any enforcement agent or enforcement officer (as defined in rule 83.1(2)) instructed by the judgment creditor,
The court may suspend proceedings under article 38 of the Judgments Regulation either on its own initiative or on the application of any party.
An application for suspension of proceedings under article 38 of the Judgments Regulation must be made—
in accordance with Part 23; and
to the court in which the judgment is invoked.
The judgment debtor must, as soon as practicable, serve copies of any order made under article 38 on— and any such order will not have effect on any person until it has been served.
all other parties to the proceedings and any other person affected by the order;
any court in which proceedings relating to enforcement of the judgment are pending in England and Wales; and
any enforcement agent or enforcement officer (as defined in rule 83.1(2)) instructed by the judgment creditor,
An appeal against the granting or the refusal of registration under the 1982 Act or the Lugano Convention ... must be made in accordance with Part 52, subject to the following provisions of this rule.
Permission is not required—
to appeal; or
to put in evidence.
If— the court may extend the period for filing an appellant’s notice against the order granting registration, but not on grounds of distance.
the judgment debtor is not domiciled within a Contracting State ..., and
an application to extend the time for appealing is made within two months of service of the registration order,
The appellant’s notice must be served—
where the appeal is against the granting of registration, within—
one month; or
where service is to be effected on a party not domiciled within the jurisdiction, two months, of service of the registration order;
where the appeal is against the refusal of registration, within one month of the decision on the application for registration.
In relation to enforcement of a judgment to which the Judgments Regulation applies, the judgment creditor must comply with article 43 of the Regulation.
In relation to a judgment to which the Judgments Regulation does not apply, no steps may be taken to enforce the judgment—
before the end of the period specified in accordance with rule 74.6(3)(d), or that period as extended by the court; or
where there is an application under rule 74.7 or an appeal under rule 74.3, until the application or appeal has been determined.
Any party wishing to enforce a judgment to which the Judgments Regulation does not apply must file evidence of the service on the judgment debtor of—
the registration order; and
any other relevant order of the court.
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.
Registration of a judgment serves as a decision that the judgment is recognised for the purposes of the 1982 Act , the Lugano Convention and the 2005 Hague Convention ....
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 the Lugano Convention or the 2005 Hague Convention ..., except that rule 74.4(5)(a) and (c) does not apply.
The rules governing the registration of judgments under the 1982 Act and the Lugano Convention and applications for the refusal of recognition or enforcement or suspension of any judgments under the Judgments Regulation apply as appropriate and with any necessary modifications for the enforcement of—
authentic instruments which are subject to—
article 50 of Schedule 3C to the 1982 Act;
article 57 of the Lugano Convention; and
article 58 of the Judgments Regulation; and
court settlements which are subject to—
article 51 of Schedule 1 to the 1982 Act;
article 58 of the Lugano Convention; ...
articles 59 and 60 of the Judgments Regulation ; and
article 12 of the 2005 Hague Convention.
In this rule, an “adaptation order” means an order for the adaptation of a legal remedy which is contained in a foreign judgment but is unknown under the law of England and Wales pursuant to article 54 of the Judgments Regulation.
The court may make an adaptation order on its own initiative or on an application by any party.
In accordance with article 54(1) of the Judgments Regulation, an adaptation order may only result in a remedy whose legal effects are equivalent to those contained in the judgment and which does not produce such effects extending beyond those provided for under the law of England and Wales.
An application for an adaptation order or a challenge under article 54(2) of the Judgments Regulation to the adaptation of any measure without an adaptation order must be made—
to the High Court; and
in accordance with Part 23.
This Section applies to applications—
to the High Court under section 10 of the 1920 Act;
to the High Court or to the County Court under section 10 of the 1933 Act;
to the High Court or to the County Court under section 12 of the 1982 Act; or
to the High Court or to the County Court under article 53 of the Judgments Regulation or under article 54 of the Lugano Convention.
A judgment creditor who wishes to enforce in a foreign country a judgment obtained in the High Court or in the County Court—
must apply for a certified copy of the judgment; and
if applying under article 53 of the Judgments Regulation, must apply to the court which gave the judgment by filing a draft of the certificate in the form in Annex I to the Judgments Regulation.
The application may be made without notice.
The application must be supported by written evidence exhibiting copies of—
the claim form in the proceedings in which judgment was given;
evidence that it was served on the defendant;
the statements of case; and
where relevant, a document showing that for those proceedings the applicant was a person to whom legal aid, as defined in rule 44.1, was provided.
The written evidence must—
identify the grounds on which the judgment was obtained;
state whether the defendant objected to the jurisdiction and, if he did, the grounds of his objection;
show that the judgment—
has been served in accordance with Part 6 and rule 40.4, and
is not subject to a stay of execution;
state—
the date on which the time for appealing expired or will expire;
whether an appeal notice has been filed;
the status of any application for permission to appeal; and
whether an appeal is pending;
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;
state whether interest is recoverable on the judgment, and if so, either—
the amount of interest which has accrued up to the date of the application, or
the rate of interest, the date from which it is recoverable, and the date on which it ceases to accrue.
In this Section—
“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
“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.
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—
which has been given by a court in another part of the United Kingdom, and
to which section 18 of that Act applies.
The certificate must within six months of the date of its issue be filed in the Central Office of the Senior Courts, together with a copy certified by written evidence to be a true copy.
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—
which has been given by a court in another part of the United Kingdom, and
to which section 18 of that Act applies.
An application under paragraph (1) may be made without notice.
An application under paragraph (1) must be accompanied—
by a certified copy of the judgment issued under Schedule 7 to the 1982 Act; and
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.
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.
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.
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 the County Court to be enforced in another part of the United Kingdom.
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—
the name and address of the judgment creditor and, if known, of the judgment debtor;
the sums payable and unsatisfied under the money provisions of the judgment;
where interest is recoverable on the judgment, either—
the amount of interest which has accrued up to the date of the application, or
the rate of interest, the date from which it is recoverable, and the date on which it ceases to accrue;
that the judgment is not stayed;
the date on which the time for appealing expired or will expire;
whether an appeal notice has been filed;
the status of any application for permission to appeal; and
whether an appeal is pending.
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 the 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.
An application under paragraph (1) may be made without notice.
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—
full particulars of the judgment;
the name and address of the judgment creditor and, if known, of the judgment debtor;
that the judgment is not stayed;
the date on which the time for appealing expired or will expire;
whether an appeal notice has been filed;
the status of any application for permission to appeal; and
whether an appeal is pending.
In this Section—
“Community judgment” means any judgment, decision or order which is enforceable under—
article 280 or 299 of the Treaty on the Functioning of the European Union;
article 18 ... or 164 of the Euratom Treaty;
(Repealed)
article 86 of Council Regulation (EC) 207/2009 of 26 February 2009 on the Community trade mark; ...
article 71 of Council Regulation (EC) 6/2002 of 12 December 2001 on Community designs;
article 36a or 36b of Regulation (EC) 1060/2009 on credit rating agencies; or
article 65 or 66 of Regulation (EU) 648/2012 on OTC derivatives, central counterparties and trade repositories;
article 71 of Council Regulation (EC) 6/2002 of 12 December 2001 on Community designs;
“Euratom inspection order” means an order made by the President of the European Court, or a decision of the Commission of the European Union, under article 81 of the Euratom Treaty;
“European Court” means the Court of Justice of the European Union;
“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.
An application to the High Court for the registration of a Community judgment may be made without notice.
An application for registration must be supported by written evidence exhibiting—
the Community judgment and the order for its enforcement, or an authenticated copy; and
where the judgment is not in English, a translation of it into English—
certified by a notary public or other qualified person; or
accompanied by written evidence confirming that the translation is accurate.
Where the application is for registration of a Community judgment which is a money judgment, the evidence must state—
the name of the judgment creditor and his address for service within the jurisdiction;
the name of the judgment debtor and his address or place of business, if known;
the amount in respect of which the judgment is unsatisfied; and
that the European Court has not suspended enforcement of the judgment.
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.
The registration order must state the name and address for service of the person who applied for registration, and must exhibit—
a copy of the registered Community judgment; and
a copy of the order for its enforcement.
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.
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.
The application must be supported by written evidence.
No steps may be taken to enforce a Community judgment which is a money judgment—
before the end of the period specified in accordance with rule 74.23(1); or
where an application is made under that rule, until it has been determined.
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 Senior Courts.
The application may be made without notice.
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.
An application under article 6 of the European Communities (Enforcement of Community Judgments) Order 1972 to give effect to a Euratom inspection order may be made on written evidence, and—
where the matter is urgent, without notice;
otherwise, by claim form.
In this Section—
“European Enforcement Order” has the meaning given in the EEO Regulation;
“EEO” means European Enforcement Order;
“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
“Regulation State” has the same meaning as “Member State” in the EEO Regulation, that is all Member States except Denmark.
An application for an EEO certificate must be made by filing the relevant practice form in accordance with Article 6 of the EEO Regulation.
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.
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.
(Part 70 contains further rules about enforcement.)
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.
Where a person applies 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 the application
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.
The judgment debtor must, as soon as practicable, serve copies of any order made under Article 21(1) on—
all other parties to the proceedings and any other person affected by the order (“the affected persons”); and
any court in which enforcement proceedings are pending in England and Wales (“the relevant courts”).
Upon service of the order on the affected persons, all enforcement proceedings under the EEO in the relevant courts will cease.
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 ... in accordance with Part 23 to the court in which the EEO is being enforced.
The judgment debtor shall, as soon as practicable, serve a copy of any order made under the Article on— 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.
all other parties to the proceedings and any other person affected by the order; and
any court in which enforcement proceedings are pending in England and Wales;
In this Section—
“Article 5 certificate” means a certificate issued under Article 5 of the Protection Measures Regulation;
“Article 8 notice” means the notification required by Article 8 of the Protection Measures Regulation;
“Article 11 notice” means the notification required by Article 11 of the Protection Measures Regulation;
“Article 14 certificate” means a certificate issued under Article 14 of the Protection Measures Regulation;
“incoming protection measure” means a protection measure that has been ordered in a Member State of the European Union other than the United Kingdom or Denmark;
“outgoing protection measure” means any protection measure included in any of—
an injunction issued for the purpose mentioned in section 3(3)(a) of the Protection from Harassment Act 1997;
any other injunction or order of the County Court;
an undertaking accepted by the County Court;
in proceedings to which these Rules apply—
“person causing the risk” has the meaning given to it in the Protection Measures Regulation;
“protected person” has the meaning given to it in the Protection Measures Regulation;
“protection measure” has the meaning given to it in the Protection Measures Regulation;
“Protection Measures Regulation” means Regulation (EU) No 606/2013 of the European Parliament and of the Council of 12th June 2013 on mutual recognition of protection measures in civil matters.
Subject to the rules in this Section, applications under the Protection Measures Regulation to the County Court or to the High Court must be made in accordance with Part 23.
A protected person may apply for an Article 5 certificate—
at the time of application for an injunction or other order containing an outgoing protection measure; or
at any time after such application, provided—
the order or undertaking containing the outgoing protection measure has not yet been made or accepted as the case may be; or
the outgoing protection measure is still in force.
An application for an Article 5 certificate may be made without notice.
An application for an Article 5 certificate must be made—
where the outgoing protection measure has not yet been ordered or accepted—
to the County Court if the proceedings relating to the outgoing protection measure are before the County Court; or
to the High Court if the proceedings relating to the outgoing protection measure are before the High Court; or
where the outgoing protection measure has been ordered or accepted—
to the County Court if that court made the order or accepted the undertaking as the case may be; or
to the High Court if that court made the order or accepted the undertaking as the case may be.
A protected person may request a translation of an Article 5 certificate—
at the time of application for the Article 5 certificate; or
at any time after such application, provided the Article 5 certificate—
has not yet been issued; or
if issued, is still in force.
A request for a translation of an Article 5 certificate must be made—
if the certificate has not yet been issued, to—
the County Court if the application for the certificate is before the County Court;
the High Court if the application for the certificate is before the High Court;
if the certificate has been issued, to—
the Count Court if the County Court issued it;
the High Court if the High Court issued it.
Where the outgoing protection measure is included in an order, the court may only issue an Article 5 certificate if satisfied that the order has been served on the person causing the risk in accordance with the requirements specified in rule 81.5, unless the court has dispensed with service of the order in accordance with the requirements specified in rule 81.8.
Where the protected person is responsible for serving the order on the person causing the risk, any application for an Article 5 certificate must be accompanied by a certificate of service.
Subject to paragraph (2), Article 8 notice must be given to the person causing the risk by serving it in accordance with Section III of Part 6 and the rules in that Section shall apply to service of the notice as they apply to any other document to be served.
If the person causing the risk resides in a Member State of the European Union other than the United Kingdom or in a country outside the European Union, Article 8 notice must be given by sending it by registered letter with acknowledgement of receipt or confirmation of delivery or equivalent to the last known place of residence of that person.
An application pursuant to Article 9 of the Protection Measures Regulation for rectification of an Article 5 certificate must be made to—
the County Court if the County Court issued the certificate;
the High Court if the High Court issued the certificate.
An application for such rectification may be made by—
the protected person; or
the person causing the risk.
An Article 5 certificate may be rectified pursuant to Article 9(1)(a) of the Protection Measures Regulation by the court—
on application under this rule; or
on its own initiative.
An application pursuant to Article 9 of the Protection Measures Regulation for withdrawal of an Article 5 certificate must be made to—
the County Court if the County Court issued the certificate;
the High Court if the High Court issued the certificate.
An application for such withdrawal may be made by—
the protected person; or
the person causing the risk.
An Article 5 certificate may be withdrawn pursuant to Article 9(1)(b) of the Protection Measures Regulation by the court—
on application under this rule; or
on its own initiative.
A protected person or person causing the risk may apply for an Article 14 certificate—
at the time of application to vary or set aside the order containing the outgoing protection measure, or for acceptance of a variation or setting aside of the undertaking containing the outgoing protection measure, as the case may be;
at any time after the order containing the outgoing protection measure has been varied or set aside or a variation or setting aside of the undertaking containing the outgoing protection measure has been accepted, as the case may be;
at any time after an Article 5 certificate has been withdrawn under Article 9 of the Protection Measures Regulation; or
on, or at any time after, the making of an order staying or suspending enforcement of the order or undertaking containing the outgoing protection measure.
An application for an Article 14 certificate must be made—
if the order containing the outgoing protection measure has not yet been varied or set aside or a variation or setting aside of the undertaking containing the protection measure has not yet been accepted, as the case may be, to—
the County Court if the application for such variation or setting aside is before the County Court; or
the High Court if the application for such variation or setting aside is before the High Court; or
if there has been an application under Article 9 of the Protection Measures Regulation for withdrawal of the Article 5 certificate, and that application has not yet been decided, to—
the County Court if the application for such withdrawal is before the County Court; or
the High Court if the application for such withdrawal is before the High Court; or
if the order containing the outgoing protection measure has been varied or set aside, or a variation or setting aside of the undertaking containing the outgoing protection measure has been accepted, to—
the County Court if the County Court ordered or accepted such variation or setting aside, as the case may be; or
the High Court if the High Court ordered or accepted such variation or setting aside, as the case may be; or
if an Article 5 certificate has been withdrawn under Article 9, to—
the County Court if the County Court ordered such withdrawal;
the High Court if the High Court ordered such withdrawal; or
where enforcement of the order has been stayed or suspended, to—
the County Court if the County Court made the order for the stay or suspension; or
the High Court if the High Court made the order for the stay or suspension.
A protected person may apply to the court under Article 11 of the Protection Measures Regulation to adjust the factual elements of an incoming protection measure.
Subject to paragraph (2), Article 11 notice must be given to the person causing the risk by serving it in accordance with Section III of Part 6 and the rules in that Section apply to service of the notice as they apply to any other document to be served.
If the person causing the risk resides in a Member State of the European Union other than the United Kingdom or in a country outside the European Union, Article 11 notice must be given by sending it by registered letter with acknowledgment of receipt or other confirmation of delivery or equivalent to the last known place of residence of that person.
Section II of Part 81 applies to applications in relation to a breach of an incoming protection measure as if the incoming protection measure had been ordered by the County Court.
A person causing the risk may apply to the court under Article 13 of the Protection Measures Regulation for refusal of recognition or enforcement of an incoming protection measure.
This rule applies where an Article 14 certificate has been issued in a Member State of the European Union other than the United Kingdom or Denmark.
A protected person or person causing the risk may apply to the court to stay, suspend or withdraw the effects of recognition or, where applicable, the enforcement of the protection measure.
An application under this rule must include a copy of the Article 14 certificate issued in the other Member State.
On an application under this rule, the court must make such orders or give such directions as may be necessary to give effect to the Article 14 certificate.
Practice Direction 75— (Rule 21.1(1)(c)(i) provides that Part 21 (children and protected parties) does not apply to proceedings under this Part where one of the parties is a child.)
sets out the proceedings to which this Part applies; and
may apply this Part with modifications in relation to any particular category of those proceedings.
In this Part—
“the Centre” means the Traffic Enforcement Centre established under the direction of the Lord Chancellor;
“enforcement agent” has the meaning given in paragraph 2(1) of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007;
“local authority warrant of control” means a warrant of control issued by a local authority under article 5 of the 1993 Order;
“no relevant return to the warrant” means that—
the enforcement agent has been unable to seize goods because the enforcement agent has been denied access to premises occupied by the defendant or because the goods have been removed from those premises;
any goods seized under a local authority warrant of control are insufficient to satisfy the debt and the cost of execution; or
the goods are insufficient to cover the cost of their removal and sale;
“the 1993 Order” means the Enforcement of Road Traffic Debts Order 1993;
“relevant period”, in relation to any particular case, means—
the period allowed for serving a statutory declaration or witness statement under any enactment which applies to that case; or
where an enactment permits the court to extend that period, the period as extended;
“specified debts” means the debts specified in article 2 of the 1993 Order or treated as so specified by any other enactment; and
“the authority”, “notice of the amount due”, “order” and “the respondent” have the meaning given by Practice Direction 75.
Proceedings to which this Part applies must be started in the Centre.
For any purpose connected with the exercise of the Centre’s functions—
the Centre is deemed to be an office of the County Court; and
any officer of the Centre, in exercising its functions, is deemed to act as an officer of the County Court.
The authority must file a request in the appropriate form scheduling the amount claimed to be due.
The authority must, in that request or in another manner approved by the court officer—
certify—
that 14 days have elapsed since service of the notice of the amount due;
the date of such service;
the number of the notice of the amount due; and
that the amount due remains unpaid;
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
state—
the name, title and address of the respondent;
the registration number of the vehicle concerned;
the authority’s address for service;
the court fee; and
such other matters as required by Practice Direction 75.
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 registering the request and returning it to the authority.
On receipt of a registered request the authority may draw up the order and must—
insert in the order the date by which the respondent must either—
comply with the order; or
file a statutory declaration or witness statement; and
attach to the order a form of statutory declaration or witness statement for the respondent’s use.
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.
(Repealed)
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.
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.
Where a document is required to be produced, that requirement will be satisfied if a copy of the document is produced from computer records.
Practice Direction 75 sets out the circumstances in which a court officer may exercise the functions of the court.
Any party may request any decision of a court officer to be reviewed by a District Judge.
Such a request must be made within 14 days of service of the decision.
Unless— a request for a review under paragraph (2) will be dealt with without an oral hearing.
the party requesting the review requests an oral hearing; or
the court orders an oral hearing,
Subject to the 1993 Order and this rule the following rules apply to the enforcement of specified debts—
Parts 70 to 73;
(Repealed)
rule 83.2;
rule 83.4; and
Part 89.
An authority seeking the issue of a local authority warrant of control must file a request—
certifying the amount remaining due under the order;
specifying the date of service of the order on the respondent; and
certifying that the relevant period has elapsed.
The court will seal the request and return it to the authority.
Within 7 days of the sealing of the request the authority must prepare the warrant in the appropriate form.
No payment under a warrant will be made to the court.
(Repealed)
(Repealed)
Where the address of the respondent has changed since the issue of the warrant, the authority may request the reissue of the warrant by filing a request—
specifying the new address of the respondent;
providing evidence that the new address for the respondent does relate to the respondent named in the order and against whom enforcement is sought; and
certifying that the amount due under the order remains unpaid.
Where the court is satisfied that the new address of the respondent given in the request for the reissue of the warrant relates to the respondent named in the order, it will seal the request and return it to the authority.
The authority must prepare the reissued warrant in the appropriate form within 7 days of the sealing of the request to reissue.
A reissued warrant will only be valid for the remainder of the 12 month period beginning with the date it was originally issued.
Where, in accordance with any enactment, an order is deemed to have been revoked following the filing of a statutory declaration or a witness statement—
the court will serve a copy of the statutory declaration or witness statement on the authority;
any execution issued on the order will cease to have effect; and
if appropriate, the authority must inform any enforcement agent instructed to levy execution of the withdrawal of the warrant as soon as possible.
Where the authority requests the transfer of proceedings to a County Court hearing centre for enforcement, the request must—
where the authority has not attempted to enforce by execution, give the reason why no such attempt was made;
certify that there has been no relevant return to the local authority warrant of control;
specify the date of service of the order on the respondent; and
certify that the relevant period has elapsed.
An application for— must, in addition to the requirements of Parts 71, 72, 73 or 89—
an attachment of earnings order;
an order to obtain information from a debtor;
a third party debt order; or
a charging order,
where the authority has not attempted to enforce by execution, give the reason why no such attempt was made;
certify that there has been no relevant return to the local authority warrant of control;
specify the date of service of the order on the respondent; and
certify that the relevant period has elapsed.
Where the court officer allows, the authority may combine information relating to different orders against the same respondent in any request or application made under rules 75.9 or 75.10.
This Part contains rules about—
control order proceedings in the High Court; and
appeals to the Court of Appeal against an order of the High Court in such proceedings.
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.
In this Part—
“the Act” means the Prevention of Terrorism Act 2005;
“closed material” means any relevant material that the Secretary of State objects to disclosing to a relevant party;
“control order proceedings” has the same meaning as in section 11(6) of the Act;
“controlled person”, has the same meaning as in section 15(1) of the Act;
“legal representative” is to be construed in accordance with paragraph 11 of the Schedule to the Act;
“open material” means any relevant material that the Secretary of State does not object to disclosing to a relevant party;
(Repealed)
“relevant material” has the same meaning as in paragraph 4(5) of the Schedule to the Act;
“relevant party” has the same meaning as in paragraph 11 of the Schedule to the Act;
“special advocate” means a person appointed under paragraph 7 of the Schedule to the Act.
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.
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).
The court must ensure that information is not disclosed contrary to the public interest.
Subject to paragraph (2), the court must satisfy itself that the material available to it enables it properly to determine proceedings.
This section of this Part contains rules about applications relating to derogating control orders.
Part 23 does not apply to an application made under this section of this Part.
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 statement of reasons to support the application for—
making such an order, and
imposing each of the obligations to be imposed by that order;
all relevant material;
any written submissions; and
a draft of the order sought.
When the court makes a derogating control order under section 4(3) of the Act it must—
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
unless the court otherwise directs, that date must be no later than 7 days from the date that the order is made.
At the hearing referred to in paragraph (1)(a) the court must give directions—
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
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.
When giving directions under paragraph (2), the court must have regard to the need to expedite the full hearing.
(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).
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.
An application by the Secretary of State must be made by—
filing with the court—
a statement of reasons to support the application,
all relevant material,
any written submissions, and
a draft of the order sought; and
serving on the controlled person or his legal representative any open material.
An application by the controlled person must be made by filing with the court and serving on the Secretary of State—
a statement of reasons to support the application;
any written evidence upon which he relies;
any written submissions; and
where appropriate, a draft of the order sought.
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.
If the Secretary of State wishes to oppose an application made under this rule, he must as soon as practicable—
file with the court—
all relevant material, and
any written submissions; and
serve on the controlled person any open material.
This section of this Part contains rules about—
applications under section 3(1)(a) of the Act (application for permission to make a non-derogating control order);
references under section 3(3) of the Act (reference of a non-derogating control order made without permission); and
appeals to the High Court under section 10 of the Act (appeals relating to non-derogating control orders).
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 statement of reasons to support the application;
all relevant material;
any written submissions; and
the proposed control order.
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).
The Secretary of State must promptly file with the court—
a statement of the reasons for—
making the control order,
imposing the obligations imposed by that order;
all relevant material; and
any written submissions.
(Rules 76.28 and 76.29 will apply where any closed material is filed by the Secretary of State).
This rule applies where the court gives directions under section 3(2)(c) or (6)(b) or (c) of the Act.
The court must 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
unless the court otherwise directs—
in the case of directions given under section 3(2)(c), that date must be no later than 7 days from the date on which the notice of the terms of the control order is delivered to the controlled person in accordance with section 7(8) of the Act; or
in the case of directions given under section 3(6)(b) or (c), that date must be 7 days from the date on which the court’s determination on the reference is made.
At the hearing referred to in paragraph (2), the court must give directions—
for a hearing under section 3(10); and
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.
When giving directions under paragraph (3), the court must have regard to the need to expedite that hearing.
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).
Part 52 (appeals) applies to an appeal under section 10 of the Act, subject to—
rule 76.2;
the rules in section 5 of this Part; and
the modifications set out in paragraphs (2) and (3) of this rule.
The following rules do not apply to appeals under section 10 of the Act—
rules 52.3, 52.4 and 52.6 (permission);
52.12 (appellant’s notice);
52.13 (respondent’s notice); and
rule 52.21 (hearing of appeals).
Rule 52.2 (all parties to comply with Practice Directions 52A to 52E) apply, but the parties shall not be required to comply with paragraphs 5.1 to 5.3 of Practice Direction 52A and paragraphs 6.3 to 6.6 of Practice Direction 52B.
(Attention is drawn to rule 76.18 relating to the address for issuing proceedings in the High Court).
The controlled person must give notice of appeal by—
filing it with the court; and
serving a copy of the notice and any accompanying documents on the Secretary of State.
The notice of appeal must—
set out the grounds of the appeal; and
state the name and address of-
the controlled person, and
any legal representative of that person.
A notice of appeal may include an application for an order under rule 76.19 requiring anonymity.
The notice of appeal must be filed with—
a copy of the order that is the subject of the appeal;
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.
Subject to paragraph (2), the controlled person must give notice of appeal no later than 28 days after receiving ...—
the notice setting out the terms of the order, renewal or modification that is the subject of the appeal; or
notice 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.
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— after the date the application was made.
no earlier than 28 days; and
no later than 42 days;
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—
file with the court—
all relevant material, and
any written submissions; and
serve on the controlled person any open material.
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—
rule 76.2;
the rules in section 5 of this Part; and
paragraphs (2) and (3) of this rule.
The following rules do not apply to appeals to the Court of Appeal— the provisions of rules 76.13 and 76.15 shall apply with appropriate modifications.
rule 52.12 (appellant’s notice); and
rule 52.13 (respondent’s notice); but
Rule 52.2 (all parties to comply with Practice Directions 52A to 52E) apply, but the parties shall not be required to comply with paragraphs 6.3 to 6.6 of Practice Direction 52B and paragraph 28 of Practice Direction 52C.
This section of this Part applies to—
control order proceedings in the High Court; and
appeals to the Court of Appeal against an order of the High Court in such proceedings.
Any control order proceedings must be issued at the Administrative Court Office, Room C315, Royal Courts of Justice, Strand, London, WC2A 2LL.
The controlled person or the Secretary of State may apply for an order requiring the anonymity of the controlled person.
An application under paragraph (1) may be made at any time, irrespective of whether any control order proceedings have been commenced.
An application may be made without notice to the other party.
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; and
to the controlled person, in relation to a time before the control order has been made, are to be construed in accordance with paragraph 5(4) of the Schedule to the Act.
Unless the court orders otherwise, it must serve notice of the date, time and place fixed for any hearing on—
every party, whether or not entitled to attend that hearing; and
if one has been appointed for the purposes of the hearing, the special advocate or those instructing him.
The following proceedings must be determined at a hearing—
a hearing pursuant to directions given under section 4(1)(b) of the Act (derogating control orders);
a hearing pursuant to directions given under sections 3(2)(c) or (6)(b) or (c) of the Act (non-derogating control orders);
an appeal under section 10 of the Act (appeal relating to a non-derogating control order);
an appeal to the Court of Appeal from an order of the High Court made in any of the above proceedings; and
a hearing under rule 76.29(2) (consideration of Secretary of State’s objection).
Paragraph (1)(c) and (d) do not apply where—
the appeal is withdrawn by the controlled person;
the Secretary of State consents to the appeal being allowed; or
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.
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-
direct accordingly; and
conduct the hearing, or that part of it from which the relevant party and his legal representative are excluded, in private.
The court may conduct a hearing or part of a hearing in private for any other good reason.
Subject to paragraph (2), the Secretary of State must immediately give notice of the proceedings to the Attorney General upon—
making an application under section 4(1) of the Act (relating to a derogating control order);
making an application under section 3(1)(a) of the Act (application for permission to make a non-derogating control order);
making a reference under section 3(3) of the Act (reference of a non-derogating control order made without permission); or
being served with a copy of any application, claim, or notice of appeal in proceedings to which this Part applies.
Paragraph (1) applies unless—
the Secretary of State does not intend to—
oppose the appeal or application; or
withhold closed material from a relevant party; or
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.
Where notice is given to the Attorney General under paragraph (1), the Attorney General may appoint a special advocate to represent the interests of the relevant party in the proceedings.
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 Attorney General to appoint a special advocate.
The functions of a special advocate are to represent the interests of a relevant party by—
making submissions to the court at any hearings from which the relevant party and his legal representatives are excluded;
adducing evidence and cross-examining witnesses at any such hearings; and
making written submissions to the court.
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.
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).
The special advocate may, without directions from the court, communicate about the proceedings with—
the court;
the Secretary of State, or any person acting for him;
the Attorney General, or any person acting for him; or
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.
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.
Where the special advocate makes a request for directions under paragraph (4)—
the court must notify the Secretary of State of the request; and
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.
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—
the relevant party may only communicate with the special advocate through a legal representative in writing; and
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.
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.
Subject to the other rules in this Part, the evidence of a witness may be given either—
orally, before the court; or
in writing, in which case it shall be given in such manner and at such time as the court directs.
The court may also receive evidence in documentary or any other form.
The court may receive evidence that would not, but for this rule, be admissible in a court of law.
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.
A special advocate shall be entitled to adduce evidence and to cross-examine witnesses.
The court may require a witness to give evidence on oath.
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.
The Secretary of State—
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
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.
The Secretary of State must file with the court and serve, at such time as the court directs, on the special advocate—
the closed material;
a statement of his reasons for withholding that material from the relevant party; and
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.
The Secretary of State may at any time amend or supplement material filed under this rule, but only with—
the agreement of the special advocate; or
the permission of the court.
This rule applies where the Secretary of State has—
objected under rule 76.25(5)(b) to a proposed communication by the special advocate or to the form in which it is proposed to be made; or
applied under rule 76.28 for permission to withhold closed material.
The court must fix a hearing for the Secretary of State and the special advocate to make oral representations, unless—
the special advocate gives notice to the court that he does not challenge the objection or application;
the court has previously considered—
an objection under rule 76.25(5)(b) to the same or substantially the same communication, or
an application under rule 76.28(1) for permission to withhold the same or substantially the same material, and
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).
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—
list the items or issues in dispute;
give brief reasons for their contentions on each; and
set out any proposals for the court to resolve the issues in contention.
A hearing under this rule shall take place in the absence of the relevant party and his legal representative.
Where the court gives permission to the Secretary of State to withhold closed material, the court must—
consider whether to direct the Secretary of State to serve a summary of that material on the relevant party or his legal representative; but
ensure that no such summary contains information or other material the disclosure of which would be contrary to the public interest.
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—
the Secretary of State shall not be required to serve that material or summary; but
if he does not do so, at a hearing on notice the court may—
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
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.
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.
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— (Rules 76.28 and 76.29 will apply where any closed material is filed by the Secretary of State).
the Secretary of State must file with the court all relevant material;
the Secretary of State must serve on— any open material;
the relevant party or his legal representative; and
the special advocate (as soon as one is appointed) or those instructing him,
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;
the Secretary of State must file with the court any further relevant material;
the Secretary of State must serve on— any open material filed with the court under paragraph (d);
the relevant party or his legal representative, and
the special advocate (as soon as one is appointed) or those instructing him,
the Secretary of State must serve on the special advocate (if one has been appointed) any closed material;
the parties and the special advocate (if one has been appointed) must file and serve any written submissions as directed by the court.
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—
the respect in which he has failed to comply with the direction;
a time limit for complying with the direction; and
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.
Where a party or special advocate fails to comply with such a notice, the court may proceed in accordance with paragraph (1)(c).
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.
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.
This rule applies where the court proposes, in any proceedings to which this Part applies, to serve notice on a relevant party of any—
order or direction made or given in the absence of the Secretary of State; or
any judgment.
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.
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— would cause information to be disclosed contrary to the public interest.
his compliance with the order or direction; or
the notification to the relevant party of any matter contained in the judgment, order or direction;
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 copy of the application; and
a copy of the notice served on the Secretary of State pursuant to paragraph (2).
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.
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.
Unless the court otherwise directs, rule 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.
This Part contains rules about—
in Section 1, applications for a serious crime prevention order under section 8 of the Serious Crime Act 2007 and related applications under sections 9, 17 and 18 of that Act; and
in Section 2, applications under section 54(3) of the Criminal Procedure and Investigations Act 1996 for an order quashing an acquittal.
In this Section—
“the 2007 Act” means the Serious Crime Act 2007; and
“SCPO” means a serious crime prevention order under section 1 or section 9 of the 2007 Act.
An application under section 8 of the 2007 Act for a SCPO must be started in accordance with Part 8 as modified by Practice Direction 77.
An application under— must be made in accordance with Part 23 as modified by Practice Direction 77.
section 9 of the 2007 Act; or
section 17 or 18 of the 2007 Act to vary or discharge a SCPO made by the High Court,
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.
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 Practice Direction 77.
This Section contains rules about applications to quash an acquittal under section 54(3) of the Criminal Procedure and Investigations Act 1996 and applies in relation to acquittals in respect of offences alleged to have been committed on or after 15th April 1997.
An application made under this Section may be made only by the individual or body which acted as prosecutor in the proceedings which led to the acquittal.
In this Section—
“the 1996 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 1996 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; and
“record of court proceedings” means— in the proceedings which led to the conviction for the administration of justice offence referred to in section 54(1)(b) of the 1996 Act or, as the case may be, the proceedings which led to the acquittal.
where the proceedings took place in the Crown Court, a transcript of the evidence; or
where the proceedings took place in a magistrates’ court, a transcript of the evidence if there is one and if not a note of the evidence made by the justices’ clerk,
An application for an order quashing an acquittal under section 54(3) of the 1996 Act shall not be made later than 28 days after—
the expiry of the period allowed for— against the conviction referred to in section 54(1)(b) of the 1996 Act; or
appealing (whether by case stated or otherwise); or
making an application for permission to appeal,
where an appeal notice is filed or an application for permission to appeal against that conviction is made, the determination of the appeal or application for permission to appeal.
For the purpose of sub-paragraph (1)(b), “determination” includes abandonment within the meaning of rules 63.8 and 65.13 of the Criminal Procedure Rules 2010 or, as the case may be, rule 11 of the Crown Court Rules 1982.
The jurisdiction of the High Court under section 54(3) of the 1996 Act may be exercised by a Divisional Court or a single judge of the High Court.
The application must be made to the Administrative Court which will direct whether the application should be dealt with by a Divisional Court or a single judge of the High Court.
The application must be made by filing a claim form pursuant to Part 8.
The claimant must file with the claim form—
a witness statement which deals with the conditions in section 55(1), (2) and (4) of the 1996 Act and which exhibits any relevant documents (which may include a copy of any record of court proceedings); and
a copy of the certification under section 54(2) of the 1996 Act.
Within 7 days of the claim form being issued by the court, the claimant must serve on the defendant (the acquitted person) a copy of the claim form and the documents which accompanied it.
The documents referred to in paragraph (1) must be accompanied by a notice informing the defendant that—
the result of the application may be the making of an order by the High Court quashing the acquittal; and
the defendant must, if wishing to respond to the application, file—
within 14 days of service of the claim form an acknowledgment of service; and
within 28 days of service of the claim form any witness statement on which the defendant wishes to rely.
The claimant must file as soon as practicable after service of the notice on the defendant a certificate of service together with a copy of the notice.
The defendant must, if wishing to respond to the application, file—
an acknowledgment of service within 14 days of service of the claim form under rule 77.10; and
a witness statement which— within 28 days of service of the claim form under rule 77.10.
deals with the conditions in section 55(1), (2) and (4) of the 1996 Act; and
exhibits any relevant documents (which may include a copy of any record of court proceedings),
The defendant must serve the documents in paragraph (1) on the claimant within 7 days of filing them with the court.
Rule 8.5(3) does not apply.
The claimant may, not later than 10 days after the expiry of the period allowed in rule 77.11(1), apply without notice for permission to file further evidence.
Any order granting permission to file further evidence will specify the period within which that further evidence is to be filed.
The claimant must serve a copy of the further evidence on the defendant within 4 days of filing that further evidence.
Rule 8.5(5) and 8.5(6) do not apply.
The application to quash an acquittal will be determined without a hearing unless the court, of its own initiative or on the application by a party, orders otherwise.
The determination of the application to quash an acquittal will not be made, and any hearing of the application (if ordered) will not take place, before the expiry of—
10 days after the expiry of the period allowed under rule 77.11(1); or
10 days after the expiry of the period allowed by any order made under rule 77.12(2).
The court will serve notice of any order made on the application to quash an acquittal on the parties and where the court before which the acquittal or conviction occurred was—
a magistrates’ court, on the designated officer; or
the Crown Court, on the appropriate officer of the Crown Court sitting at the place where the acquittal or conviction occurred.
An application for a hearing under rule 77.13(1) must—
be made no later than 7 days after the expiry of the period allowed—
under rule 77.11(1); or
by any order made under rule 77.12(2); and
state whether a hearing is requested in order for a witness for the other party to attend to be cross-examined(GL) and, if so, the reasons for wishing the witness to attend.
The party applying for a hearing must—
serve a copy of the application notice on the other party within 4 days of filing it with the court; and
file a certificate of service.
The party served with an application for a hearing must file any representations within 5 days of service of the application notice.
Subject to paragraph (5), the court will not determine an application for a hearing unless a certificate of service has been filed pursuant to sub-paragraph (2)(b) and—
representations have been filed under paragraph (3); or
the period for filing representations under paragraph (3) has expired.
Where— the court may dismiss the application for a hearing.
no certificate of service has been filed; and
no representations under paragraph (3) have been received after the expiry of 7 days from the date of filing the application,
Where a hearing is ordered, the court—
may order a witness to attend to be cross-examined(GL)—
of its own initiative; or
on a without notice application by a party; and
will serve a notice on all parties setting out—
the date, time and place of the hearing; and
the details of any witness ordered to attend for cross-examination(GL).
Section I contains rules about European orders for payment made under Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure.
Section II contains rules about the European small claims procedure under Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European small claims procedure.
Section III contains rules about mediated cross-border disputes that are subject to Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters.
In this Part—
unless otherwise stated, a reference to an Annex is to an Annex to Practice Direction 78; and
“Service Regulation” means Regulation (EC) 1393/2007 on service, within the same meaning as rule 6.31(e).
Except where— makes different provisions about the certification or verification of translations, every translation required by this Part or such Regulation must be accompanied by a statement by the person making it that it is a correct translation. The statement must include that person’s name, address and qualifications for making the translation.
the EOP Regulation (which has the same meaning as in rule 78.2(2)(a));
the ESCP Regulation (which has the same meaning as in rule 78.12(2)(a)); or
the Service Regulation
This Section applies to applications for European orders for payment and other related proceedings under Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure.
In this Section—
“EOP Regulation” means Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure. A copy of the EOP Regulation can be found at Annex 1;
“court of origin” has the meaning given by article 5(4) of the EOP Regulation;
“EOP” means a European order for payment;
“EOP application” means an application for an EOP;
“EOP application form A” means the Application for a European order for payment form A, annexed to the EOP Regulation at Annex I to that Regulation;
“European order for payment” means an order for payment made by a court under article 12(1) of the EOP Regulation;
“Member State” has the meaning given by article 2(3) of the EOP Regulation;
“Member State of origin” has the meaning given by article 5(1) of the EOP Regulation;
“statement of opposition” means a statement of opposition filed in accordance with article 16 of the EOP Regulation.
Where a declaration provided by the claimant under article 7(3) of the EOP Regulation contains any deliberate false statement, rule 32.14 applies as if the EOP application form A were verified by a statement of truth. (An EOP application is made in accordance with the EOP Regulation and in particular article 7 of that Regulation.)
At any stage before a statement of opposition is filed, the claimant may notify the court that the claimant no longer wishes to proceed with the claim.
Where the claimant notifies the court in accordance with paragraph (1)—
the court will notify the defendant that the application has been withdrawn; and
no order as to costs will be made.
Where a statement of opposition is filed in accordance with article 16 of the EOP Regulation and the claimant has not opposed the transfer of the matter—
the EOP application will be treated as if it had been started as a claim under Part 7 if –
the claimant has requested under article 7 of the EOP Regulation that such a transfer be made in the event of opposition;
the claimant has requested that the claim be transferred to the ESCP procedure in the event of opposition, but the claim does not fall within the scope of the ESCP Regulation; or
the claimant has not specified a preferred procedure in the event of opposition; and
the EOP application will be treated as if it had been started under the ESCP Regulation if—
the claimant has requested under article 7 of the EOP Regulation that such a transfer be made in the event of opposition; and
the claim is within the scope of the ESCP Regulation.
When the court notifies the claimant in accordance with article 17(3) of the EOP Regulation the court will also—
notify the claimant—
that the EOP application form A is now treated as a Part 7 claim form including particulars of claim; and
of the time within which the defendant must respond under rule 78.6; and
notify the defendant—
that a statement of opposition has been received;
that the application will not continue under Part 78;
that the application has been transferred under article 17 of the EOP Regulation;
that the EOP application form A is now treated as a Part 7 claim form including particulars of claim; and
of the time within which the defendant must respond under rule 78.6.
Where the EOP application is treated as if it had been started as a claim under Part 7, pursuant to Rule 78.5(1)(a)—
the EOP application form A will be treated as a Part 7 claim form including particulars of claim; and
thereafter, these Rules apply with necessary modifications and subject to this rule and rules 78.6 and 78.7.
When the court notifies the claimant in accordance with article 17(3) of the EOP Regulation the court will also—
notify the claimant—
that the EOP application form A is now treated as a Part 7 claim form including particulars of claim; and
of the time within which the defendant must respond under Rule 78.6; and
notify the defendant—
that a statement of opposition has been received;
that the application will not continue under Part 78;
that the application has been transferred under article 17 of the EOP Regulation;
that the EOP application form A is now treated as a Part 7 claim form including particulars of claim; and
of the time within which the defendant must respond under Rule 78.6.
Where an EOP application is treated as if it had been started as a claim under the ESCP Regulation pursuant to Rule 78.5(1)(b)—
the EOP application form A will be treated as an ESCP claim form; and
thereafter, these Rules apply subject to the ESCP Regulation and the modifications in paragraph (2).
When the court notifies the claimant of the transfer in accordance with article 17(5) of the EOP Regulation the court will also—
notify the claimant—
that the EOP application form A is now treated as ESCP claim form; and
of the time within which the defendant must respond under article 5 of the ESCP Regulation; and
notify the defendant—
that a statement of opposition has been received;
that the application has been transferred under article 17 of the EOP Regulation;
that the EOP application form A is now treated as an ESCP claim form A; and
of the time within which the defendant must respond under article 5 of the ESCP Regulation.
The defendant must file a defence within 30 days of the date of the notice issued by the court under rule 78.5A(2)(b).
If the defendant wishes to dispute the court’s jurisdiction, the defendant must instead—
file an acknowledgment of service within the period specified in paragraph (1); and
make an application under Part 11 within the period specified in that Part.
Where this rule applies, the following rules do not apply—
rule 10.1(3);
rule 10.3; and
rule 15.4(1).
If— the claimant may obtain default judgment if Part 12 allows it.
the defendant fails to file an acknowledgment of service within the period specified in rule 78.6(2)(a); and
does not within that period—
file a defence in accordance with Part 15 (except rule 15.4(1)) and rule 78.6(1); or
file an admission in accordance with Part 14,
Where this rule applies, rule 10.2 does not apply.
An application for a review under article 20 of the EOP Regulation must be made in accordance with Part 23.
(Parts 70 to 74 contain further rules about enforcement.)
A person seeking to enforce an EOP in England and Wales must file at the court in which enforcement proceedings are to be brought the documents required by article 21 of the EOP Regulation.
Where a person applies to enforce an EOP 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 the application.
An application under article 22 of the EOP Regulation that the court should refuse to enforce an EOP must be made in accordance with Part 23 to the court in which the EOP is being enforced.
The judgment debtor must, as soon as practicable, serve copies of any order made under article 22 on—
all other parties to the proceedings and any other person affected by the order (“the affected persons”); and
any court in which enforcement proceedings of the EOP are pending in England and Wales (“the relevant courts”).
Upon service of the order on the affected persons, all enforcement proceedings of the EOP in the relevant courts will cease.
Where the defendant has sought a review and also applies for a stay of or limitation on enforcement in accordance with article 23 of the EOP Regulation, such application must be made in accordance with Part 23 to the court in which the EOP is being enforced.
The defendant must, as soon as practicable, serve a copy of any order made under article 23 on— 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.
all other parties to the proceedings and any other person affected by the order; and
any court in which enforcement proceedings are pending in England and Wales,
This Section applies to the European small claims procedure under Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European small claims procedure.
In this Section—
‘ESCP Regulation’ means Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European small claims procedure, as amended by Regulation EU 2421/2015 of 16 December 2015; (A copy of the amended ESCP Regulation can be found at Annex 2A. The relevant forms can be found at the end of the previous version of the ESCP Regulation at Annex 2B.)
“defendant’s response” means the response to the ESCP claim form;
“ESCP” means the European small claims procedure established by the ESCP Regulation;
“ESCP claim form” means the claim form completed and filed in the ESCP;
“ESCP counterclaim” has the meaning given to counterclaim by recital 16 of the ESCP Regulation;
“ESCP judgment” means a judgment given in the ESCP;
“Member State” has the meaning given by article 2(3) of the ESCP Regulation;
“Member State of enforcement” is the Member State in which the ESCP judgment is to be enforced;
“Member State of judgment” is the Member State in which the ESCP judgment is given.
Where a declaration provided by the claimant in the ESCP claim form contains any deliberate false statement, rule 32.14 applies as if the ESCP claim form were verified by a statement of truth. (An ESCP claim form is completed and filed in accordance with the ESCP Regulation, in particular article 4(1), and in accordance with this paragraph.)
ESCP claims are treated as if they were allocated to the small claims track.
Part 27 applies, except rule 27.14.
Where the court identifies that the claim is outside the scope of the ESCP Regulation, the court will notify the claimant of this in a transfer of proceedings notice.
If the claimant wishes to withdraw the claim, the claimant must notify the court of this within 21days of the date of the transfer of proceedings notice.
Where the claimant has notified the court in accordance with paragraph (2), the claim is automatically withdrawn.
Where the claimant has not notified the court in accordance with paragraph (2) and the claim is instead to be transferred under article 4(3) of the ESCP Regulation— and the court will notify the claimant of the transfer and its effect.
the claim will be treated as if it had been started as a claim under Part 7 and the ESCP claim form will be treated as a Part 7 claim form including particulars of claim; and
thereafter, these Rules apply with necessary modifications and subject to this rule,
Where a declaration provided by the defendant in the defendant’s response contains any deliberate false statement, rule 32.14 applies as if the defendant’s response were verified by a statement of truth. (The defendant’s response is made in accordance with the ESCP Regulation and in particular article 5(3) of the ESCP Regulation.)
This rule applies where, under article 5(5) of the ESCP Regulation, the defendant claims that the value of a non-monetary claim exceeds the limit in article 2(1) of the ESCP Regulation.
When the court dispatches the defendant’s response to the claimant, it will—
notify the claimant that the court is considering whether the claim is outside the scope of the ESCP Regulation in a consideration of transfer notice; and
send a copy of the notice to the defendant.
If the claimant wishes to withdraw the claim in the event that the court decides that the claim is outside the scope of the ESCP Regulation the claimant must notify the court and the defendant of this within 21 days of the date of the consideration of transfer notice.
The court will notify the defendant as well as the claimant of its decision whether the claim is outside the scope of the ESCP Regulation. (Article 5(5) of the ESCP Regulation provides that the court shall decide within 30 days of dispatching the defendant’s response to the claimant, whether the claim is within the scope of the ESCP Regulation.)
If the court decides that the claim is outside the scope of the ESCP Regulation and the claimant has notified the court and defendant in accordance with paragraph (3), the claim is automatically withdrawn.
If the court decides that the claim is outside the scope of the ESCP Regulation and the claimant has not notified the court and defendant in accordance with paragraph (3)— and the court will notify the parties.
the claim will be treated as if it had been started as a claim under Part 7 and the ESCP claim form will be treated as a Part 7 claim form including particulars of claim;
the defendant’s response will be treated as a defence; and
thereafter, these Rules apply with necessary modifications and subject to this rule,
This rule applies to an ESCP counterclaim as if the counterclaim were an ESCP claim.
when the court dispatches the defendant’s response to the claimant.
Where the ESCP counterclaim exceeds the limit set in article 2(1) of the ESCP Regulation, the court will—
notify the defendant of this in a transfer of proceedings notice; and
send a copy of the notice to the claimant,
If the defendant wishes to withdraw the ESCP counterclaim, the defendant must notify the court and the claimant of this within 21 days of the date of the transfer of proceedings notice.
If the defendant notifies the court and claimant under paragraph (2), the ESCP counterclaim is automatically withdrawn.
If the defendant does not notify the court and claimant in accordance with paragraph (2)— and the court will notify the parties.
the claim will be treated as if it had been started as a claim under Part 7 and the ESCP claim form will be treated as a Part 7 claim form including particulars of claim;
the defendant’s response and ESCP counterclaim are to be treated as the defence and counterclaim; and
thereafter, these Rules apply with necessary modifications and subject to this rule,
An application for a review under article 18 of the ESCP Regulation must be made in accordance with Part 23.
(Parts 70 to 74 contain further rules about enforcement.)
A person seeking to enforce an ESCP judgment in England and Wales must file at the court in which enforcement proceedings are to be brought the documents required by article 21 of the ESCP Regulation.
Where a person applies to enforce an ESCP judgment 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 the application.
An application under article 22 of the ESCP Regulation that the court should refuse to enforce an ESCP judgment must be made in accordance with Part 23 to the court in which the ESCP judgment is being enforced.
The judgment debtor must, as soon as practicable, serve copies of any order made under article 22 on—
all other parties to the proceedings and any other person affected by the order (“the affected persons”); and
any court in which enforcement proceedings are pending in England and Wales (“the relevant courts”).
Upon service of the order on the affected persons, all enforcement proceedings of the ESCP judgment in the relevant courts will cease.
An application by the defendant under article 23 of the ESCP Regulation must be made in accordance with Part 23 to the court in which the ESCP judgment is being enforced.
The defendant must, as soon as practicable, serve a copy of any order made under article 23 on— 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.
all other parties to the proceedings and any other person affected by the order; and
any court in which enforcement proceedings are pending in England and Wales,
This Section applies to mediated cross-border disputes that are subject to Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters.
In this Section–
Where the parties, or one of them with the explicit consent of the others, wish to apply for a mediation settlement to be made enforceable, the parties or party may apply–
where there are existing proceedings in England and Wales, by an application made in accordance with Part 23; or
where there are no existing proceedings in England and Wales, by the Part 8 procedure as modified by this rule and Practice Direction 78 – European Procedures.
Where rule 78.24(1)(b) applies, rules 8.3 to 8.8 will not apply.
The mediation settlement agreement must be annexed to the application notice or claim form when it is filed.
Except to the extent that paragraph (7) applies, the parties must file any evidence of explicit consent to the application under paragraph (1) when the parties file the application or claim form.
Subject to paragraph (6), where an application is made under paragraph (1), the court will make an order making the mediation settlement enforceable.
The court will not make an order under paragraph (5) unless the court has evidence that each of the parties to the mediation settlement agreement has given explicit consent to the application for the order.
Where a party to the mediation settlement agreement— that party is deemed to have given explicit consent to the application for the mediation settlement enforcement order.
has agreed in the mediation settlement agreement that a mediation settlement enforcement order should be made in respect of that mediation settlement;
is a party to the application under paragraph (1); or
has written to the court consenting to the application for the mediation settlement enforcement order,
An application under paragraph (1) will be dealt with without a hearing, unless the court otherwise directs.
(Parts 70 to 74 contain further rules about enforcement.)
Where a person applies to enforce a mediation settlement enforcement order which is expressed in a foreign currency, the application must contain a certificate of the sterling equivalent of the sum remaining due under the order at the close of business on the day before the date of the application.
Where a person seeks disclosure or inspection of mediation evidence that is in the control of a mediator or mediation administrator, that person must apply–
where there are existing proceedings in England and Wales, by an application made in accordance with Part 23; and
where there are no existing proceedings in England and Wales, by the Part 8 procedure.
Where the application is made–
under paragraph (1)(a), the mediator or mediation administrator who has control of the mediation evidence must be named as a respondent to the application and must be served with a copy of the application notice; and
under paragraph (1)(b), the mediator or mediation administrator who has control of the mediation evidence must be made a party to the claim.
Evidence in support of the application under paragraph (1)(a) or (1)(b) must include evidence that–
all parties to the mediation agree to the disclosure or inspection of the mediation evidence;
disclosure or inspection of the mediation evidence is necessary for overriding considerations of public policy, in accordance with article 7(1)(a) of the Mediation Directive; or
disclosure or inspection of the mediation settlement is necessary to implement or enforce the mediation settlement agreement.
This rule does not apply to proceedings in England and Wales that have been allocated to the small claims track.
Where this rule applies, Parts 31 to 34 apply to the extent they are consistent with this rule.
This rule applies where a party wishes to obtain mediation evidence from a mediator or mediation administrator by–
a witness summons;
cross-examination with permission of the court under rule 32.7 or 33.4;
an order under rule 34.8 (evidence by deposition);
an order under rule 34.10 (enforcing attendance of witness);
an order under rule 34.11(4) (deponent’s evidence to be given orally); or
an order under rule 34.13(1A) (order for the issue of a letter of request).
When applying for a witness summons, permission under rule 32.7 or 33.4 or an order under rule 34.8, 34.10, 34.11(4) or 34.13(1A), the party must provide the court with evidence that–
all parties to the mediation agree to the obtaining of the mediation evidence;
obtaining the mediation evidence is necessary for overriding considerations of public policy, in accordance with article 7(1)(a) of the Mediation Directive; or
the disclosure or inspection of the mediation settlement is necessary to implement or enforce the mediation settlement agreement.
When considering a request for a witness summons, permission under rule 32.7 or 33.4 or an order under rule 34.8, 34.10, 34.11(4) or 34.13(1A), the court may invite any person, whether or not a party, to make representations.
This rule does not apply to proceedings in England and Wales that have been allocated to the small claims track.
Where this rule applies, Parts 31 to 34 apply to the extent they are consistent with this rule.
Where a party wishes to rely on mediation evidence in proceedings that are allocated to the small claims track, that party must inform the court immediately.
This Part contains rules about—
in Section 1, interpretation and modification of the overriding objective;
in Section 2, financial restrictions proceedings under the Counter-Terrorism Act 2008 and the Terrorist Asset-Freezing etc Act 2010;
in Section 3, appeals relating to designations under the Terrorist Asset-Freezing etc Act 2010;
in Section 4, general provisions applicable to proceedings within Sections 2 and 3; and
in Section 5, applications for a notification order under Schedule 4 to the Counter-Terrorism Act 2008.
In this Part—
“the 2008 Act” means the Counter-Terrorism Act 2008;
the 2010 Act” means the Terrorist Asset-Freezing etc. Act 2010;
“financial restrictions decision” means a decision to which section 63(1) of the 2008 Act or section 27 of the 2010 Act applies;
“financial restrictions proceedings” means—
financial restrictions proceedings within the meaning of section 65 of the 2008 Act; and
proceedings in the High Court on an application under section 27 of the 2010 Act, or on a claim arising from any matter to which such an application relates;
“designation” means a designation in accordance with Chapter 1 of Part 1 of the 2010 Act.
“closed material” means— but which the Treasury object to disclosing to another party and that party’s legal representative;
material, evidence or submissions to the court upon which the Treasury wish to rely in proceedings;
material which adversely affects the Treasury’s case or supports another party’s case; or
information which the Treasury are required to file pursuant to an order under rule 79.11(7),
“legal representative” in relation to a party to proceedings other than the Treasury does not include a special advocate;
“material” means anything in which information of any description is recorded;
“party” includes the Treasury unless otherwise stated or unless the context otherwise requires;
“special advocate” means a person appointed under section 68 of the 2008 Act (including that section as applied by section 28(4) of the 2010 Act); and
“specially represented party” means a party, other than the Treasury, whose interests a special advocate represents.
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).
The court will ensure that information is not disclosed contrary to the public interest.
Without prejudice to paragraph (2), the court will satisfy itself that the material available to it enables it properly to determine the proceedings.
This Section applies to an application to set aside a financial restrictions decision under section 63(2) of the 2008 Act or section 27(2) of the 2010 Act.
(Repealed)
An application to set aside a financial restrictions decision must be made pursuant to Part 8, as modified by this Part, and subject to paragraph (2).
The following rules do not apply to an application under this Section—
rule 8.1(3);
rule 8.2A (issue of claim form without naming defendants);
rule 8.4 (consequence of not filing an acknowledgment of service);
rule 8.5 (filing and serving written evidence);
rule 8.6 (evidence – general); and
rule 8.8 (defendant objects to use of Part 8).
An application to set aside a financial restrictions decision must be started by a claim form.
The claim form must set out—
the details of the financial restrictions decision;
details of how the claimant is affected by the financial restrictions decision; and
the grounds on which the claimant seeks to set aside the decision.
The claimant must file with the claim form—
a copy of—
the written notice of the relevant financial restrictions decision made by the Treasury; or
where relevant, any direction, order or licence made under Schedule 7 to the 2008 Act or any freezing order made under Part 2 of the Anti-terrorism, Crime and Security Act 2001; and
any evidence, including witness statements, on which the claimant relies at that stage.
When the court issues the claim form it will fix a date for a directions hearing.
Unless the court directs otherwise, the directions hearing will be not less than 14 days but not more than 28 days after the date of issue of the claim form.
The court will—
serve on the Treasury and any special advocate (if one has been appointed)—
the claim form; and
the documents specified in rule 79.6(3); and
send to all parties and any special advocate a notice of the directions hearing date (where such date is not endorsed on the claim form).
Where a special advocate has been appointed, the Treasury must serve on that special advocate a copy of the acknowledgment of service filed under rule 8.3.
At the directions hearing the court may give case management directions, in particular—
for the holding of a further hearing to determine the application;
fixing a date, time and place for the further hearing at which the parties, their legal representatives (if any) and any special advocate can be present; and
as to the order in which, and the time within which, the following are to be filed and served—
any response to the application to be filed and served by the Treasury under rule 79.11(1), (2) and (4);
any application to be made under rule 79.11(5);
any information to be filed and served by the Treasury pursuant to an order under rule 79.11(7);
any evidence to be filed and served by the claimant under rule 79.12(1);
any evidence to be filed and served by the Treasury under rule 79.12(2);
any application by the Treasury under rule 79.11(3), 79.11(8) or 79.12(3); and
any further evidence, including witness statements, written submissions or skeleton arguments, to be filed and served by the parties and any special advocate.
Where the Treasury intend to oppose the application to set aside the financial restrictions decision, they must file with the court —
the grounds for contesting the application; and
any relevant evidence of which they are aware at that stage.
Unless the Treasury object to the grounds and evidence in paragraph (1) being disclosed to the claimant and the claimant’s legal representative, the Treasury must serve a copy of the grounds and evidence on the claimant at the same time as filing the grounds.
Where the Treasury object to the grounds and evidence in paragraph (1) being disclosed to the claimant and the claimant’s legal representative, the Treasury must make an application in accordance with rule 79.25.
Where a special advocate has been appointed, the Treasury must serve on that special advocate a copy of the grounds and evidence filed under paragraph (1).
The claimant and any special advocate may apply to the court for an order directing the Treasury to file and serve further information about the Treasury’s grounds filed under paragraph (1)(a).
The application under paragraph (5) must set out—
what information is sought; and
why the information sought is necessary for the determination of the application to set aside the financial restrictions decision.
The court may make an order on an application under paragraph (5) where it considers that the information sought is—
necessary for the determination of the application to set aside the financial restrictions decision; and
may be provided without disproportionate cost, time or effort.
Where the Treasury object to serving on the claimant and the claimant’s legal representative the information sought under paragraph (5), the Treasury must make an application in accordance with rule 79.25.
Where the claimant wishes to rely on evidence in support of the application to set aside the financial restrictions decision and— the claimant must file and serve that evidence, including any witness statement, on the Treasury and any special advocate.
such evidence was not filed with the court with the claim form; or
such evidence was filed with the court with the claim form but the claimant wishes to rely on further evidence,
Where the claimant serves evidence in support of the application, the Treasury must file and serve, subject to paragraph (3), any further evidence, including any witness statement, on the claimant and any special advocate.
Where the Treasury seek to withhold disclosure of any closed material from the claimant and the claimant’s legal representative, the Treasury must make an application in accordance with rule 79.25.
The Treasury must serve any closed material upon the special advocate.
The parties and, where relevant, any special advocate must file and serve any further evidence, including witness statements, written submissions or skeleton arguments as directed by the court.
Part 52 (appeals) applies to an appeal to the Court of Appeal against an order of the High Court in financial restrictions proceedings, subject to—
rule 79.2; and
Section 4 of this Part.
The appellant must serve a copy of the appellant’s notice on any special advocate.
This section applies to an appeal under section 26 of the 2010 Act (appeals to the court in relation to designations) in relation to designations and variations, revocation and renewal, of those designations.
Part 52 (appeals) applies to an appeal under section 26 of the 2010 Act subject to—
rule 79.2;
Section 4 of this Part; and
the modifications set out in paragraph (2).
Rule 52.2 (parties to comply with Practice Directions 52A to 52E) apply, but the parties are not required to comply with paragraphs 5.1 to 5.3 of Practice Direction 52A and paragraphs 6.3 to 6.6 of Practice Direction 52B.
The appellant’s notice must set out the details of—
the interim or final designation;
how the appellant is affected by the interim or final designation; and
the grounds of the appeal.
The appellant must file and serve the following documents with the appellant’s notice— (Practice Direction 52 contains details about the filing and service of the appellant’s notice for statutory appeals.)
a copy of the written notice of the interim or final designation; and
any evidence, including witness statements in support of the appeal.
Part 52 (appeals) applies to an appeal to the Court of Appeal against an order of the High Court under this Section subject to—
rule 79.2;
Section 4 of this Part; and
paragraph (2) of this rule.
The appellant must serve a copy of the appellant’s notice on any special advocate.
This Section applies to all proceedings specified in Sections 2 and 3 of this Part.
An application under Section 2 and an appeal under Section 3 of this Part must be started and heard in the Administrative Court.
Unless the court orders otherwise, the court will serve any notice of the date, time and place fixed for a hearing on—
every party, whether or not a party is entitled to attend that hearing; and
if one has been appointed for the purposes of the proceedings, the special advocate or those instructing the special advocate.
All proceedings to which Section 2 or 3 of this Part applies must be determined at a hearing except where—
the claimant withdraws the claim or application;
the Treasury consent to the claim or application being allowed;
the appellant withdraws the appeal against a decision of the Treasury or the High Court;
the respondent to the appeal consents to the appeal being allowed; or
the parties agree to a determination without a hearing.
Where the court considers it necessary for a party other than the Treasury and that party’s 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, the court will—
direct accordingly; and
conduct the hearing, or that part of it from which the party and that party’s legal representative are excluded, in private but attended by a special advocate to represent the interests of the excluded party.
in proceedings to which Section 2 or 3 of this Part applies.
Subject to paragraph (2), the Treasury must immediately give notice of the proceedings to the Attorney General—
upon being served with any claim form, application notice or appeal notice; or
where the Treasury intend to file an appeal notice,
Paragraph (1) applies unless—
the Treasury do not intend to—
oppose the claim, application or appeal; or
apply for permission to withhold closed material from a party and that party’s legal representative; or
a special advocate has already been appointed to represent the interests of a party other than the Treasury and that special advocate is not prevented from communicating with that party by virtue of rule 79.20.
Where any proceedings to which Section 2 or 3 of this Part applies are pending but no special advocate has been appointed, any party may request the Attorney General to appoint a special advocate.
The function of a special advocate is to represent the interests of a party other than the Treasury by, for example—
making submissions to the court at any hearing from which the party and that party’s legal representative are excluded;
adducing evidence and cross-examining witnesses at such a hearing;
making applications to the court or seeking directions from the court where necessary; and
making written submissions to the court.
The special advocate may communicate with the specially represented party or that party’s legal representative at any time before the Treasury serve closed material on the special advocate.
After the Treasury serve 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).
The special advocate may, without directions from the court, communicate about the proceedings with—
the court;
the Treasury and any persons acting for them;
the Attorney General and any persons acting for the Attorney General; and
any other person, except for— with whom it is necessary for administrative purposes for the special advocate to communicate about matters not connected with the substance of the proceedings.
the specially represented party and that party’s legal representative; and
any other party to the proceedings (other than the Treasury) and that party’s legal representative,
The special advocate may request directions from the court authorising the special advocate to communicate with the specially represented party or that party’s legal representative or with any other person.
Where the special advocate makes a request for directions under paragraph (4)—
the court will notify the Treasury of the request; and
the Treasury must, within a period specified by the court, file and serve on the special advocate notice of any objection which they have to the proposed communication, or to the form in which it is proposed to be made.
Paragraph (2) does not prohibit the specially represented party from communicating with the special advocate after the Treasury have served closed material on the special advocate as mentioned in paragraph (1), but—
that party may only communicate with the special advocate through a legal representative in writing; and
the special advocate must not reply to the communication other than in accordance with directions given by the court, except that the special advocate may without such directions send a written acknowledgment of receipt to the specially represented party’s legal representative.
Where the Treasury object under rule 79.20(5)(b) to a proposed communication by the special advocate or to the form in which it is proposed to be made the court will fix a hearing for the Treasury and the special advocate to make oral representations, unless—
the special advocate gives notice to the court that the special advocate does not challenge the objection;
the court —
has previously considered an objection under rule 79.20(5)(b) to the same or substantially the same communication; and
is satisfied that it would be just to uphold or dismiss that objection without a hearing; or
the Treasury and the special advocate consent to the court deciding the issue without a hearing.
If the special advocate does not challenge the objection, the special advocate must give notice of that fact to the court and to the Treasury—
within 14 days after the Treasury serve on the special advocate a notice under rule 79.20(5)(b); or
within such other period as the court may direct.
Where the court fixes a hearing under paragraph (1)—
the special advocate may file with the court and serve on the Treasury a reply to the Treasury’s objection;
the Treasury may file with the court and serve on the special advocate a response to the special advocate’s reply; and
the Treasury and the special advocate must file with the court at least 7 days before the hearing a schedule identifying the issues which cannot be agreed between them and which must—
give brief reasons for their contentions on each issue in dispute; and
set out any proposals for the court to resolve the issues in dispute.
A hearing under this rule must take place in the absence of the specially represented party and that party’s legal representative.
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 Section 2 or 3 of this Part applies.
Subject to the other rules in Section 2, 3 and this Section of this Part and to any directions of the court, the evidence of a witness may be given either—
orally before the court; or
in a witness statement.
The court may also receive evidence in documentary or any other form.
A party is entitled to adduce evidence and to cross-examine witnesses during any part of a hearing from which a party and that party’s legal representative are not excluded.
A special advocate is entitled to adduce evidence and to cross-examine witnesses.
The court may require a witness to give evidence on oath or by affirmation.
A party (the disclosing party) must—
make a reasonable search for material relevant to the matters under consideration in the proceedings to which Section 2 or 3 of this Part applies; and
file and serve on the other party and any special advocate material other than closed material—
on which the disclosing party relies;
which adversely affects the disclosing party’s case; or
(Repealed)
which supports the other party’s case.
(Repealed)
The factors relevant in deciding the reasonableness of a search under paragraph (1)(a) include—
the amount of material involved;
the nature and complexity of the proceedings;
whether the material is in the control of the party making the search;
the ease and expense of retrieval of any material; and
the significance of any material which is likely to be located during the search.
The duty to search for, file and serve material under paragraph (1) continues until the proceedings to which Section 2 or 3 of this Part applies have been determined.
Where material, other than closed material, to which the duty under paragraph (1) extends comes to a party’s attention before the proceedings to which Section 2 or 3 of this Part applies have been determined, that party must immediately—
file it with the court;
serve it on the other party; and
serve it on any special advocate.
Where the Treasury serve on another party any evidence (including a witness statement) or material which has been redacted on grounds other than those of legal professional privilege, the Treasury must—
notify the party that the evidence or material has been redacted and on what grounds it has been redacted;
file the evidence or material with the court in an unredacted form together with an explanation of the redaction.
The Treasury—
must apply to the court for permission to withhold closed material from another party and that party’s legal representative in accordance with this rule; and
may not rely on closed material at a hearing unless a special advocate has been appointed and attends the hearing to represent the interests of that party.
The Treasury must file with the court and serve, at such time as the court directs, on the special advocate—
the closed material;
a statement of the reasons for withholding that material from the specially represented party; and
if the Treasury consider 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 specially represented party or that party’s legal representative.
Where the Treasury serve on the special advocate any closed material which has been redacted on grounds other than those of legal professional privilege—
the Treasury must file with the court the material in an unredacted form together with an explanation of the redactions; and
the court will give a direction to the Treasury as to what may be redacted and what, if any, must be served on the special advocate in an unredacted form.
The Treasury may at any time amend or supplement material filed under this rule, but only with—
the agreement of the special advocate; or
the permission of the court.
Where the Treasury apply in accordance with rule 79.25 for permission to withhold closed material the court will fix a hearing for the Treasury and the special advocate to make oral representations, unless—
the special advocate gives notice to the court that the special advocate does not challenge the application;
the court—
has previously considered an application for permission to withhold the same or substantially the same material; and
is satisfied that it would be just to give permission without a hearing; or
the Treasury and the special advocate consent to the court deciding the issue without a hearing.
If the special advocate does not challenge the application, the special advocate must give notice of that fact to the court and to the Treasury—
within 14 days after the Treasury serve on the special advocate the material under rule 79.25(2); or
within such other period as the court may direct.
Where the court fixes a hearing under paragraph (1)—
the special advocate may file with the court and serve on the Treasury a reply to the Treasury’s application;
the Treasury may file with the court and serve on the special advocate a response to the special advocate’s reply; and
the Treasury and the special advocate must file with the court at least 7 days before the hearing a schedule identifying the issues which cannot be agreed between them and which must—
give brief reasons for their contentions on each issue in dispute; and
set out any proposals for the court to resolve the issues in dispute.
A hearing under this rule must take place in the absence of the specially represented party and that party’s legal representative.
The court will give permission to the Treasury to withhold closed material where it considers that disclosure of that material would be contrary to the public interest.
Where the court gives permission to the Treasury to withhold closed material, the court will—
consider whether to direct the Treasury to serve a summary of that material on the specially represented party or that party’s legal representative; but
ensure that such a summary does not contain material, the disclosure of which would be contrary to the public interest.
Where the court does not give permission to the Treasury to withhold closed material from, or directs the Treasury to serve a summary of that material on, the specially represented party or that party’s legal representative—
the Treasury are not required to serve that material or summary; but
if they do not do so, at a hearing on notice, the court may—
where it considers that the material or anything that is required to be summarised might adversely affect the Treasury’s case or supports the case of the specially represented party, direct that the Treasury must not rely on such material in their case, or must make such concessions or take such other steps, as the court may specify; or
in any other case, direct that the Treasury do not rely on the material or (as the case may be) on that which is required to be summarised.
Where a party or special advocate fails to comply with a direction of the court, the court may serve on that party or the special advocate a notice which states—
the respect in which that party or special advocate has failed to comply with the direction;
a time limit for complying with the direction; and
that the court may proceed to determine the proceedings before it, on the material available to it, if the party or special advocate fails to comply with the relevant direction within the time specified.
Where a party or special advocate fails to comply with such a notice, the court may proceed in accordance with paragraph (1)(c).
When the court gives judgment in any proceedings to which Section 2 or 3 of this Part applies, it may withhold all or some of its reasons if and to the extent that it is not possible to give reasons without disclosing information contrary to the public interest.
Where the judgment of the court does not include the full reasons for its decision, the court will serve on the Treasury and the special advocate a separate written judgment including those reasons.
Where the court serves a separate written judgment under paragraph (2), the special advocate may apply to the court to amend that judgment and the judgment under paragraph (1) on the grounds that the separate written judgment under paragraph (2) contains material not in the judgment under paragraph (1) the disclosure of which would not be contrary to the public interest.
The special advocate must serve a copy of the application under paragraph (3) on the Treasury.
The court will give the special advocate and the Treasury an opportunity to file written submissions and may determine the application with or without a hearing.
This rule applies where the court proposes, in any proceedings to which Section 2 or 3 of this Part applies, to serve on a party other than the Treasury—
notice of any order or direction made or given in the absence of the Treasury; or
any written judgment.
Before the court serves any such notice or judgment on a party other than the Treasury, it will first serve notice on the Treasury of its intention to do so.
The Treasury 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 they consider— would cause information to be disclosed contrary to the public interest.
their compliance with the order or direction; or
the notification to another party of any matter contained in the judgment, order or direction,
Where the Treasury make an application under paragraph (3), they must at the same time serve on a special advocate, if one has been appointed—
a copy of the application;
a copy of the relevant document referred to in paragraph (1)(a) or (b); and
a copy of the notice served on the Treasury pursuant to paragraph (2).
If a special advocate has been appointed, rule 79.26 (except for paragraphs (6) and (7)) will apply with any necessary modifications to the consideration of an application under paragraph (3) of this rule.
The court will not serve notice on a party other than the Treasury as mentioned in paragraph (1) before the time for the Treasury to make an application under paragraph (3) has expired.
Unless the court directs otherwise, rule 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 Section 2 or 3 of this Part applies or to any document relating to such proceedings.
An application for a notification order under Schedule 4 to the 2008 Act must be made in accordance with Part 8.
Where the defendant wishes to serve a notice under paragraph 2(4) of Schedule 4 to the 2008 Act, the defendant must file and serve the notice with an acknowledgment of service not more than 14 days after service of the claim form.
This Part contains rules about—
TPIM proceedings in the High Court, and
appeals to the Court of Appeal against an order of the High Court in such proceedings.
In the case of proceedings brought by virtue of section 17(2) of the Act, the rules in this Part shall apply with any modification the court considers necessary.
In this Part—
“the Act” means the Terrorism, Prevention and Investigation Measures Act 2011;
“closed material” means any relevant material that the Secretary of State objects to disclosing to a relevant party on the grounds that it is contrary to the public interest;
“extension notice” means a notice issued under section 5(2) of the Act, extending a TPIM notice;
“legal representative” is to be construed in accordance with paragraph 4(4)(b) of Schedule 4 to the Act;
“measures” means terrorism prevention and investigation measures (which has the same meaning as in section 2 of the Act);
“open material” means any relevant material that the Secretary of State does not object to disclosing to a relevant party on the grounds that it is contrary to the public interest;
“relevant material” means the material described in paragraph 3(1)(a) to (c) of Schedule 4 to the Act;
“relevant party” means any party to the proceedings other than the Secretary of State;
“revival notice” means a notice issued under section 13(6) of the Act, reviving a TPIM notice;
“special advocate” means a person appointed under paragraph 10(1) of Schedule 4 to the Act;
“TPIM notice” has the same meaning as in section 2(1) of the Act;
“TPIM proceedings” has the same meaning as in section 30(1) of the Act;
“TPIM subject” means an individual on whom the Secretary of State has imposed, or is proposing to impose, measures by means of a TPIM notice;
“variation notice” means a notice issued under section 12(1)(c) of the Act, varying the TPIM notice without the individual’s consent.
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 or the detection and prevention of crime, or in any other circumstances where disclosure is likely to harm the public interest.
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).
The court must ensure that information is not disclosed contrary to the public interest.
Subject to paragraph (2), the court must satisfy itself that the material available to it enables it properly to determine proceedings.
This section contains rules about—
applications under section 6(1)(b) of the Act (application for permission to impose measures);
references under paragraph 3(1) of Schedule 2 to the Act (reference of the imposition of measures imposed without permission); and
appeals to the High Court under section 16 of the Act (appeals relating to a TPIM notice).
An application under section 6(1)(b) of the Act for permission to impose measures must be made by the Secretary of State filing with the court—
a statement of reasons to support the application;
any relevant material of which the Secretary of State is aware at that stage;
any written submissions; and
the proposed TPIM notice.
A reference under paragraph 3(1) of Schedule 2 to the Act of the imposition of measures imposed without permission is made by the Secretary of State filing with the court—
a statement of reasons for imposing measures and for imposing the measures specified in the TPIM notice;
any relevant material of which the Secretary of State is aware at that stage;
any written submissions; and
the TPIM notice.
If the court gives permission on an application under section 6(1)(b) of the Act or confirms a TPIM notice on a reference under paragraph 3(1) of Schedule 2 to the Act, the court must give directions for a directions hearing at which the TPIM subject, the TPIM subject’s legal representative, the special advocate (if one has been appointed) and the Secretary of State’s legal representative may be present.
In a case where permission is given (following an application under section 6(1)(b) of the Act), the date to be fixed for the directions hearing must, unless the court otherwise directs, be no later than 7 days after the date on which the TPIM notice is served on the TPIM subject.
In a case where the TPIM notice is confirmed (following a reference under paragraph 3(1) of Schedule 2 to the Act), the date to be fixed for the directions hearing must, unless the court otherwise directs, be no later than 7 days after the date on which the court confirms the TPIM notice.
At the directions hearing, the court must give directions—
for a review hearing under section 9(1) of the Act; and
specifying a date and time by which the parties and special advocate must file and serve any written evidence or written submissions in accordance with rule 80.26.
When giving directions under paragraph (4), the court must have regard to the need to expedite the review hearing. (Rules 80.24 and 80.25 will apply where any closed material is filed by the Secretary of State).
Rules 80.8 to 80.11 apply to an appeal under section 16 of the Act (appeals relating to a TPIM notice).
Part 52 (appeals) applies to an appeal under section 16 of the Act, subject to—
rule 80.2;
the rules in section 4 of this Part; and
paragraphs (2) and (3).
The following rules do not apply to appeals under section 16 of the Act—
rules 52.3, 52.4 and 52.6 (permission);
rule 52.12 (appellant’s notice);
rule 52.13 (respondent’s notice); and
rule 52.21 (hearing of appeals).
Rule 52.2 (all parties to comply with Practice Directions 52A to 52E) apply, but the parties shall not be required to comply with paragraphs 5.1 to 5.3 of Practice Direction 52A and paragraphs 6.3 to 6.6 of Practice Direction 52B.
The TPIM subject must give notice of appeal by—
filing a notice of appeal with the court; and
serving a copy of that notice and any accompanying documents on the Secretary of State.
The notice of appeal must—
set out the grounds of the appeal; and
state the name and address of—
the TPIM subject, and
the TPIM subject’s legal representative (if any).
A notice of appeal may include an application under rule 80.15 for an order requiring anonymity for the TPIM subject.
The notice of appeal must be filed with a copy of the TPIM notice imposing measures on the TPIM subject and (as relevant)— (Attention is drawn to rule 80.14(1) relating to the address for issuing proceedings in the High Court).
a copy of the extension notice, revival notice or variation notice that is the subject of the appeal;
a copy of the application to the Secretary of State—
for permission in connection with a measure specified in the TPIM notice,
for the revocation of the TPIM notice, or
for the variation of a measure specified in the TPIM notice;
a copy of the Secretary of State’s decision on such an application.
Subject to paragraph (2), the TPIM subject must give notice of appeal no later than 28 days after receiving—
the extension notice, revival notice or variation notice that is the subject of the appeal; or
notice of the Secretary of State’s decision on an application for permission in connection with a measure specified in the TPIM notice, for the revocation of the TPIM notice or for the variation of a measure specified in the TPIM notice.
In a case where the Secretary of State has failed to determine an application for permission in connection with a measure specified in the TPIM notice, for the revocation of the TPIM notice or for the variation of a measure specified in the TPIM notice, the TPIM subject must file the notice of appeal— after the date on which the Secretary of State received the application.
no earlier than 28 days, and
no later than 42 days,
If the Secretary of State wishes to oppose an appeal, the Secretary of State must, no later than 14 days after being served with the notice of appeal—
file with the court—
any relevant material of which the Secretary of State is aware at that stage; and
any written submissions; and
serve on the TPIM subject any open material.
Part 52 (appeals) applies to an appeal to the Court of Appeal against an order of the High Court in TPIM proceedings, subject to—
rule 80.2;
the rules in section 4 of this Part; and
paragraphs (2) and (3).
The following rules do not apply to appeals to the Court of Appeal— the provisions of rules 80.9 and 80.11 shall apply with appropriate modifications.
rule 52.12(1) (appellant’s notice); and
rule 52.13 (respondent’s notice), but
Rule 52.2 (all parties to comply with Practice Directions 52A to 52E) apply, but the parties shall not be required to comply with paragraphs 6.3 to 6.6 of Practice Direction 52B and paragraph 28 of Practice Direction 52C.
This section applies to—
TPIM proceedings in the High Court; and
appeals to the Court of Appeal against an order of the High Court in such proceedings.
Any TPIM proceedings must be filed at the Administrative Court Office, Room C315, Royal Courts of Justice, Strand, London, WC2A 2LL.
Any appeals to the Court of Appeal against an order of the High Court in such proceedings must be filed at the Civil Appeals Office, Room E307, Royal Courts of Justice, Strand, London, WC2A 2LL.
The TPIM subject or the Secretary of State may apply for an order requiring anonymity for the TPIM subject.
An application under paragraph (1) may be made at any time, irrespective of whether any TPIM proceedings have been commenced.
An application may be made without notice to the other party.
The reference in this rule to an order requiring anonymity for the TPIM subject is to be construed in accordance with paragraph 6(3) of Schedule 4 to the Act.
Unless the court directs otherwise, it will serve notice of the date, time and place fixed for any hearing on—
every party, whether or not entitled to attend that hearing; and
if one has been appointed for the purposes of the hearing, the special advocate or those instructing the special advocate.
The following proceedings must be determined at a hearing—
a review hearing under section 9(1) of the Act (review hearing);
an appeal under section 16 of the Act (appeals relating to a TPIM notice);
an appeal to the Court of Appeal from an order of the High Court made in the proceedings mentioned in sub-paragraph (a) or (b) above; and
a hearing under rule 80.25(2) (consideration of the Secretary of State’s objection or application).
Paragraph (1)(a) does not apply where the court discontinues the review hearing in accordance with section 9(3) of the Act.
Paragraph (1)(b) does not apply where—
the appeal is withdrawn by the TPIM subject;
the Secretary of State consents to the appeal being allowed; or
the TPIM subject is outside the United Kingdom or it is impracticable to give the TPIM subject notice of a hearing and, in either case, the TPIM subject is unrepresented.
Paragraph (1)(c) does not apply where—
the Court of Appeal grants a request by the appellant to dismiss the appeal;
the Court of Appeal allows the appeal with consent; or
the Court of Appeal strikes out the appeal.
If the court considers it necessary for any relevant party and any relevant party’s 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—
direct accordingly; and
conduct the hearing, or that part of it from which the relevant party and the relevant party’s legal representative are excluded, in private.
The court may conduct a hearing or part of a hearing in private for any other good reason.
Subject to paragraph (2), the Secretary of State must immediately give notice of the proceedings to the Attorney General (who, under paragraph 10(1) of Schedule 4 to the Act, has the power to appoint a special advocate) on—
making an application under section 6(1)(b) of the Act (application for permission to impose measures);
making a reference under paragraph 3(1) of Schedule 2 to the Act (reference of the imposition of measures imposed without permission); or
being served with a copy of any application, claim or notice of appeal in proceedings to which this Part applies.
Paragraph (1) applies unless—
the Secretary of State does not intend to—
oppose the application, claim or appeal; or
withhold closed material from a relevant party; or
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 80.21.
Where any proceedings to which this Part applies are pending but no special advocate has been appointed, a relevant party or the Secretary of State may request the Attorney General appoints a special advocate.
The functions of a special advocate are to represent the interests of a relevant party by—
making submissions to the court at any hearing or part of a hearing from which the relevant party and the relevant party’s legal representative are excluded;
adducing evidence and cross-examining witnesses at any such hearing or part of a hearing; and
making written submissions to the court.
The special advocate may communicate with the relevant party or the relevant party’s legal representative at any time before the Secretary of State serves closed material on the special advocate.
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 (6)(b) or with a direction of the court pursuant to a request under paragraph (4).
The special advocate may, without directions from the court, communicate about the proceedings with—
the court;
the Secretary of State or any person acting for the Secretary of State;
the Attorney General or any person acting for the Attorney General; or
any other person, except the relevant party or the relevant party’s legal representative, with whom it is necessary for administrative purposes for the special advocate to communicate about matters not connected with the substance of the proceedings.
The special advocate may request directions from the court authorising him or her to communicate with the relevant party or the relevant party’s legal representative or with any other person.
Where the special advocate makes a request for directions under paragraph (4)—
the court must notify the Secretary of State of the request; and
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 the Secretary of State has to the proposed communication, or to the form in which it is proposed to be made.
Paragraph (2) does not prohibit the relevant party from communicating with the special advocate after the Secretary of State has served closed material on the special advocate, but—
the relevant party may only communicate with the special advocate through the relevant party’s legal representative in writing; and
the special advocate must not reply to the communication other than in accordance with directions of the court, except that the special advocate may without such directions send a written acknowledgment of receipt to the relevant party’s legal representative.
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.
Subject to the other rules in this Part, the evidence of a witness may be given either—
orally before the court; or
in writing, in which case it shall be given in such manner and at such time as the court directs.
The court may also receive evidence in documentary or any other form.
The court may receive evidence that would not, but for this rule, be admissible in a court of law.
Every party shall be entitled to adduce evidence and to cross-examine witnesses during any hearing or part of a hearing from which that party and that party’s legal representative are not excluded.
A special advocate shall be entitled to adduce evidence and to cross-examine witnesses.
The court may require a witness to give evidence on oath.
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.
The duty to search for, file and serve material under paragraph (1) continues until the proceedings in question have been determined.
The Secretary of State—
must apply to the court for permission to withhold closed material from a relevant party or the relevant party’s legal representative in accordance with this rule; and
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.
The Secretary of State must file with the court and, at such time as the court directs, serve on the special advocate—
the closed material;
a statement of the Secretary of State’s reasons for withholding that material from the relevant party; and
if the Secretary of State considers it possible to provide a summary of 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.
The Secretary of State may at any time amend or supplement material filed under this rule, but only with—
the agreement of the special advocate; or
the permission of the court.
This rule applies where the Secretary of State has—
objected under rule 80.21(5)(b) to a proposed communication by the special advocate or to the form in which it is proposed to be made; or
applied under rule 80.24 for permission to withhold closed material.
The court must fix a hearing for the Secretary of State and the special advocate to make oral representations, unless—
the special advocate gives notice to the court that he or she does not challenge the objection or application;
the court has previously considered— is satisfied that it would be just to uphold that objection or to give permission without a hearing; or
an objection under rule 80.21(5)(b) to the same or substantially the same communication; or
an application under rule 80.24(1) for permission to withhold the same or substantially the same material, and
the Secretary of State and the special advocate consent to the court deciding the issue without a hearing.
If the special advocate does not challenge the objection or the application, he or she must give notice of that fact to the court and the Secretary of State no later than the end of 14 days after the date the Secretary of State serves on the special advocate the notice under rule 80.21(5)(b) or the material under rule 80.24(2), or such other period as the court may direct.
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 also—
give brief reasons for their contentions in relation to each issue; and
set out any proposals for the court to resolve those issues.
A hearing under this rule shall take place in the absence of the relevant party and the relevant party’s legal representative.
Where the court gives permission to the Secretary of State to withhold closed material, the court must—
consider whether to direct the Secretary of State to serve a summary of that material on the relevant party and the relevant party’s legal representative; but
ensure that no such summary contains information or other material the disclosure of which would be contrary to the public interest.
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, the relevant party and the relevant party’s legal representative—
the Secretary of State shall not be required to serve that material or summary; but
if the Secretary of State does not do so, at a hearing on notice the court may—
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 is withdrawn from its consideration or that the Secretary of State makes such concessions or takes such other steps as the court specifies; and
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.
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.
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— (Rules 80.24 and 80.25 will apply where any closed material is filed by the Secretary of State).
the Secretary of State must file with the court any relevant material of which the Secretary of State is aware;
the Secretary of State must serve on— any open material;
the relevant party or the relevant party’s legal representative; and
the special advocate (as soon as one is appointed) or those instructing the special advocate,
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 the special advocate any written evidence which the relevant party wishes the court to take into account at the hearing;
the Secretary of State must file with the court any further relevant material;
the Secretary of State must serve on— any open material filed with the court under paragraph (d);
the relevant party or the relevant party’s legal representative; and
the special advocate (as soon as one is appointed) or those instructing the special advocate,
the Secretary of State must serve on the special advocate (if one has been appointed) any closed material;
the parties and the special advocate (if one has been appointed) must file and serve any written submissions as directed by the court.
Where a party or the special advocate fails to comply with a direction of the court, the court may serve on that person a notice which states—
the respect in which that person has failed to comply with the direction;
a time limit for complying with the direction; and
that the court may proceed to determine the proceedings before it, on the material available to it, if the party or special advocate fails to comply with the direction within the time specified.
Where a party or special advocate fails to comply with such a notice, the court may proceed in accordance with paragraph (1)(c).
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 those reasons without disclosing information contrary to the public interest.
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.
If the court proposes, in any proceedings to which this Part applies, to serve notice on a relevant party of any— then 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.
order or direction made or given in the absence of the Secretary of State; or
any judgment,
The Secretary of State may, within 5 days of being served with notice under paragraph (1), apply to the court to reconsider the terms of the order or direction or to review the terms of the proposed judgment if the Secretary of State considers that— would cause information to be disclosed contrary to the public interest.
the Secretary of State’s compliance with the order or direction; or
the notification to the relevant party of any matter contained in the judgment, order or direction;
Where the Secretary of State makes an application under paragraph (2), the Secretary of State must at the same time serve on the special advocate, if one has been appointed—
a copy of the application; and
a copy of the notice served on the Secretary of State pursuant to paragraph (1).
Rule 80.25 (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 (2) of this rule.
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 (2) has expired.
Unless the court otherwise directs, rule 5.4 (Register of Claims), rule 5.4B (Supply of documents from court records – a party) and rule 5.4C (Supply of court documents – a non-party) do not apply to any proceedings to which this Part applies.
This Part sets out the procedure in respect of—
contempt of court; and
the penal, contempt and disciplinary provisions of the County Courts Act 1984.
So far as applicable, and with the necessary modifications, this Part applies in relation to an order requiring a person— to pay a fine or to give security for good behaviour, as it applies in relation to an order of committal.
guilty of contempt of court; or
punishable by virtue of any enactment as if that person had been guilty of contempt of the High Court,
Unless otherwise stated, this Part applies to procedure in the Court of Appeal, the High Court and the County Court .
This Part is concerned only with procedure and does not itself confer upon the court the power to make an order for—
committal;
sequestration; or
the imposition of a fine in respect of contempt of court.
Nothing in this Part affects the power of the court to make an order requiring a person— to pay a fine or to give security for good behaviour.
guilty of contempt of court; or
punishable by virtue of any enactment as if that person had been guilty of contempt of the High Court,
Nothing in this Part affects any statutory or inherent power of the court to make a committal order of its own initiative against a person guilty of contempt of court.
In this Part—
then, subject to the Debtors Acts 1869 and 1878 and to the provisions of these Rules, the judgment or order may be enforced by an order for committal.
If a person—
required by a judgment or order to do an act does not do it within the time fixed by the judgment or order; or
disobeys a judgment or order not to do an act,
If the time fixed by the judgment or order for doing an act has been varied by a subsequent order or agreement of the parties under rule 2.11, then references in paragraph (1)(a) to the time fixed are references to the time fixed by that subsequent order or agreement.
If the person referred to in paragraph (1) is a company or other corporation, the committal order may be made against any director or other officer of that company or corporation.
So far as applicable, and with the necessary modifications, this Section applies to undertakings given by a party as it applies to judgments or orders. (Rules 81.17(3) and (4) make provision for cases in which both this Section and Section 6 (Committal for making a false statement of truth or disclosure statement) may be relevant.)
If a judgment or order requires a person to deliver goods or pay their value—
the judgment or order may not be enforced by a committal order under paragraph (1);
the person entitled to enforce the judgment or order may apply to the court for an order requiring that the goods be delivered within a specified time; and
where the court grants such an order, that order may be enforced under paragraph (1).
Proceedings in the County Court (whether by way of an application or pursuant to the exercise of a power of arrest) to commit a person for breach of an injunction (or of an undertaking given instead of an injunction) may, save where any rule or practice direction provides otherwise, be dealt with by a District Judge.
Unless the court dispenses with service under rule 81.8, a judgment or order may not be enforced under rule 81.4 unless a copy of it has been served on the person required to do or not do the act in question, and in the case of a judgment or order requiring a person to do an act–
the copy has been served before the end of the time fixed for doing the act, together with a copy of any order fixing that time;
where the time for doing the act has been varied by a subsequent order or agreement under rule 2.11, a copy of that subsequent order or agreement has also been served; and
where the judgment or order was made under rule 81.4(5), or was made pursuant to an earlier judgment or order requiring the act to be done, a copy of the earlier judgment or order has also been served.
Where the person referred to in paragraph (1) is a company or other corporation, a copy of the judgment or order must also be served on the respondent before the end of the time fixed for doing the act.
Copies of the judgment or order and any orders or agreements fixing or varying the time for doing an act must be served in accordance with rule 81.6 or 81.7, or in accordance with an order for alternative service made under rule 81.8(2)(b).
Subject to rules 81.7 and 81.8, copies of judgments or orders and any orders or agreements fixing or varying the time for doing an act must be served personally.
Subject to paragraph (2) and rule 81.8, a copy of any document recording an undertaking will be delivered by the court to the person who gave the undertaking—
by handing to that person a copy of the document before that person leaves the court building;
by posting a copy to that person at the residence or place of business of that person where this is known; or
by posting a copy to that person’s solicitor.
If delivery cannot be effected in accordance with paragraph (1), the court officer will deliver a copy of the document to the party for whose benefit the undertaking was given and that party must serve it personally on the person who gave the undertaking as soon as practicable.
Where the person referred to in paragraph (1) is a company or other corporation, a copy of the judgment or order must also be served on the respondent.
In the case of a judgment or order requiring a person not to do an act, the court may dispense with service of a copy of the judgment or order in accordance with rules 81.5 to 81.7 if it is satisfied that the person has had notice of it—
by being present when the judgment or order was given or made; or
by being notified of its terms by telephone, email or otherwise.
In the case of any judgment or order the court may—
dispense with service under rules 81.5 to 81.7 if the court thinks it just to do so; or
make an order in respect of service by an alternative method or at an alternative place.
Subject to paragraph (2), a judgment or order to do or not do an act may not be enforced under rule 81.4 unless there is prominently displayed, on the front of the copy of the judgment or order served in accordance with this Section, a warning to the person required to do or not do the act in question that disobedience to the order would be a contempt of court punishable by imprisonment, a fine or sequestration of assets.
The following may be enforced under rule 81.4 notwithstanding that they do not contain the warning described in paragraph (1)—
an undertaking to do or not do an act which is contained in a judgment or order; and
an incoming protection measure.
In this rule, “incoming protection measure” has the meaning given to it in rule 74.34(1).
A committal application is made by an application notice under Part 23 in the proceedings in which the judgment or order was made or the undertaking was given.
Where the committal application is made against a person who is not an existing party to the proceedings, it is made against that person by an application notice under Part 23.
The application notice must—
set out in full the grounds on which the committal application is made and must identify, separately and numerically, each alleged act of contempt including, if known, the date of each of the alleged acts; and
be supported by one or more affidavits containing all the evidence relied upon.
Subject to paragraph (5), the application notice and the evidence in support must be served personally on the respondent.
The court may—
dispense with service under paragraph (4) if it considers it just to do so; or
make an order in respect of service by an alternative method or at an alternative place.
The applicant must obtain permission from the court before making a committal application under this rule.
The application for permission must be made by filing an application notice under Part 23.
The application for permission must be supported by an affidavit setting out—
the name, description and address of the respondent; and
the grounds on which the committal order is sought.
The application for permission may be made without notice.
Rules 23.9 and 23.10 do not apply.
Unless the applicant makes the committal application within 14 days after permission has been granted under this rule, the permission will lapse.
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. (The procedure for applying for permission to make a committal application is set out in rule 81.14.) (Rules 81.17(5) and (6) make provision for cases in which both this Section and Section 6 (Committal for making a false statement of truth or disclosure statement) may be relevant.)
This Section regulates committal applications in relation to interference with the due administration of justice in connection with proceedings—
in the High Court;
in a Divisional Court;
in the Court of Appeal;
in an inferior court (which includes the County Court); or
which are criminal proceedings,
This Section also regulates committal applications otherwise than in connection with any proceedings.
A committal application under this Section may not be made without the permission of the court.
Where contempt of court is committed in connection with any proceedings—
in the High Court (other than proceedings in a Divisional Court), the application for permission may be made only to a single judge of the Division of the High Court in which the proceedings were commenced or to which they have subsequently been transferred;
in a Divisional Court, the application for permission may be made only to a single judge of the Queen’s Bench Division;
in the Court of Appeal, the application for permission may be made only to a Divisional Court of the Queen’s Bench Division;
in an inferior court, the application for permission may be made only to a single judge of the High Court; and
which are criminal proceedings, the application for permission may be made only to a Divisional Court of the Queen’s Bench Division.
Where contempt of court is committed otherwise than in connection with any proceedings, the application for permission may be made only to the Administrative Court.
The application for permission to make a committal application must be made by a Part 8 claim form which must include or be accompanied by—
a detailed statement of the applicant’s grounds for bringing the committal application; and
an affidavit setting out the facts and exhibiting all documents relied upon.
The claim form and the documents referred to in paragraph (1) must be served personally on the respondent unless the court otherwise directs.
Within 14 days of service on the respondent of the claim form, the respondent—
must file and serve an acknowledgment of service; and
may file and serve evidence.
The court will consider the application for permission at an oral hearing, unless it considers that such a hearing is not appropriate.
If the respondent intends to appear at the permission hearing referred to in paragraph (4), the respondent must give 7 days’ notice in writing of such intention to the court and any other party and at the same time provide a written summary of the submissions which the respondent proposes to make.
Where permission to proceed is given, the court may give such directions as it thinks fit, and may—
transfer the proceedings to another court; or
direct that the application be listed for hearing before a single judge or a Divisional Court.
This Section applies 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 or omitted to do anything in relation to a court, tribunal , body or person which, if it had been an act or omission in relation to the High Court, would have been a contempt of that court.
Subject to paragraph (3), an order under this Section may be made by a single judge of the Administrative Court.
An order made on an application under section 336 of the Charities Act 2011 (“a section 336 application”) may be made only by a single judge of the Chancery Division.
The certification or section 336 application, as appropriate, must be in the form annexed to Practice Direction 81 at Annex A, and include or be accompanied by—
a detailed statement of the grounds for the certification or section 336 application;
any written evidence relied upon; and
any other documents required for the disposal of the certification or section 336 application.
Subject to paragraph (6), the certification or section 336 application, accompanied by the other documents referred to in paragraph (4), must be served personally on the respondent.
The court may—
dispense with service under paragraph (5) if it thinks it just to do so; or
make an order in respect of service by an alternative method or at an alternative place.
Within 14 days of service on the respondent of the certification or section 336 application, the respondent—
must file and serve an acknowledgment of service in the form annexed to Practice Direction 81 at Annex B; and
may file and serve evidence.
the court may deal with the matter of its own initiative and give such directions as it thinks fit for the disposal of the matter.
Where—
contempt has occurred in the face of the court; and
that court has power to commit for contempt,
without an honest belief in its truth. Section 2 (Committal for breach of a judgment, order or undertaking to do or abstain from doing an act) applies, but subject to paragraph (4).
This Section contains rules about committal applications in relation to making, or causing to be made—
a false statement in a document verified by a statement of truth; or
a false disclosure statement,
Where the committal application relates only to a false statement of truth or disclosure statement, this Section applies.
Where the committal application relates to both—
a false statement of truth or disclosure statement; and
breach of a judgment, order or undertaking to do or abstain from doing an act,
To the extent that a committal application referred to in paragraph (3) relates to a false statement of truth or disclosure statement—
the applicant must obtain the permission of the court in accordance with rule 81.18; or
the court may direct that the matter be referred to the Attorney General with a request that the Attorney General consider whether to bring proceedings for contempt of court.
Where the committal application relates to both— Section 3 (Committal for interference with the due administration of justice) applies, but subject to paragraph (6).
a false statement of truth or disclosure statement; and
other interference with the due administration of justice,
To the extent that a committal application referred to in paragraph (5) relates to a false statement of truth or disclosure statement, the court may direct that the matter be referred to the Attorney General with a request that the Attorney General consider whether to bring proceedings for contempt of court.
A committal application in relation to a false statement of truth or disclosure statement in connection with proceedings in the High Court, a Divisional Court or the Court of Appeal, may be made only—
with the permission of the court dealing with the proceedings in which the false statement or disclosure statement was made; or
by the Attorney General.
Where permission is required under paragraph (1)(a), rule 81.14 applies as if the reference in that rule to a Part 8 claim form were a reference to a Part 23 application notice and the references to the claim form were references to the Part 23 application notice.
A committal application in relation to a false statement of truth or disclosure statement in connection with proceedings in the County Court may be made only—
with the permission of a single judge of the High Court; or
by the Attorney General.
Where permission is required under paragraph (3)(a) rule 81.14 applies without the modifications referred to in paragraph (2). (Under rule 81.14(6)(b), the court granting permission may direct that the application be listed for hearing before a single judge or a Divisional Court.)
The court may direct that the matter be referred to the Attorney General with a request that the Attorney General consider whether to bring proceedings for contempt of court.
Where the committal application is made by the Attorney General, the application may be made to a single judge or a Divisional Court of the Queen’s Bench Division.
This Section contains rules about applications to the High Court for a writ of sequestration to enforce a judgment, order or undertaking.
then, subject to the provisions of these Rules and if the court permits, the judgment or order may be enforced by a writ of sequestration against the property of that person.
If—
a person required by a judgment or order to do an act does not do it within the time fixed by the judgment or order; or
a person disobeys a judgment or order not to do an act,
If the time fixed by the judgment or order for doing an act has been varied by a subsequent order or agreement of the parties under rule 2.11, references in paragraph (1)(a) to the time fixed are references to the time fixed by that subsequent order or agreement.
If the person referred to in paragraph (1) is a company or other corporation, the writ of sequestration may in addition be issued against the property of any director or other officer of that company or corporation.
So far as applicable, and with the necessary modifications, this Section applies to undertakings given by a party as it applies to judgments or orders.
Unless the court dispenses with service under rule 81.24, a judgment or order may not be enforced by writ of sequestration unless a copy of it has been served on the person required to do or not do the act in question, and in the case of a judgment or order requiring a person to do an act—
the copy has been served before the end of the time fixed for doing the act, together with a copy of any order fixing that time;
where the time for doing the act has been varied by a subsequent order or agreement under rule 2.11, a copy of that subsequent order or agreement has also been served; and
where the judgment or order was made under rule 81.4(5), or was made pursuant to an earlier judgment or order requiring the act to be done, a copy of the earlier judgment or order has also been served.
Where the person referred to in paragraph (1) is a company or other corporation, a copy of the judgment or order must also be served on the respondent before the end of the time fixed for doing the act.
Copies of the judgment or order and any orders or agreements fixing or varying the time for doing an act must be served in accordance with rule 81.22 or 81.23, or in accordance with an order for alternative service made under rule 81.24(2)(b).
Subject to rules 81.23 and 81.24, copies of judgments or orders and any orders or agreements fixing or varying the time for doing an act must be served personally.
Subject to paragraph (2) and rule 81.24, a copy of any document recording an undertaking will be delivered by the court to the person who gave the undertaking—
by handing to that person a copy of the document before that person leaves the court building;
by posting a copy to that person at the residence or place of business of that person where this is known; or
by posting a copy to that person’s solicitor.
If delivery cannot be effected in accordance with paragraph (1), the court officer will deliver a copy of the document to the party for whose benefit the undertaking was given and that party must serve it personally on the person who gave the undertaking as soon as practicable.
Where the person referred to in paragraph (1) is a company or other corporation, a copy of the judgment or order must also be served on the respondent.
In the case of a judgment or order requiring a person not to do an act, the court may dispense with service of a copy of the judgment or order in accordance with rules 81.21 to 81.23 if it is satisfied that the person has had notice of it—
by being present when the judgment or order was given or made; or
by being notified of its terms by telephone, email or otherwise.
In the case of any judgment or order the court may—
dispense with service under rules 81.21 to 81.23 if the court thinks it just to do so; or
make an order in respect of service by an alternative method or at an alternative place.
(Paragraphs 2.1 to 2.4 of the Practice Direction supplementing this Part and form N117 contain provisions about penal notices and warnings in relation to undertakings.)
Subject to paragraph (2), a judgment or order to do or not do an act may not be enforced by a writ of sequestration unless there is prominently displayed, on the front of the copy of the judgment or order served in accordance with this Section, a warning to the person required to do or not do the act in question that disobedience to the order would be a contempt of court punishable by imprisonment, a fine or sequestration of assets.
An undertaking to do or not do an act which is contained in a judgment or order may be enforced by a writ of sequestration notwithstanding that the judgment or order does not contain the warning described in paragraph (1).
An application for permission to issue a writ of sequestration must be made—
to a single judge of the Division of the High Court in which the proceedings were commenced or to which they have subsequently been transferred; or
in any other case, to a single judge of the Queen’s Bench Division.
An application for permission to issue a writ of sequestration must be made by filing an application notice under Part 23.
The application notice must—
set out in full the grounds on which the application is made and must identify, separately and numerically, each alleged act of contempt including, if known, the date of each of the alleged acts; and
be supported by one or more affidavits containing all the evidence relied upon.
Subject to paragraph (5), the application notice must be served personally on the respondent.
The court may—
dispense with service under paragraph (4) if the court thinks it just to do so; or
make an order in respect of service by an alternative method or at an alternative place.
A writ of sequestration must be in Form No 67 as set out in Practice Direction 4.
Unless the court hearing the committal application or application for sequestration otherwise permits, the applicant may not rely on—
any grounds other than—
those set out in the claim form or application notice; or
in relation to a committal application under Section 3 or 4, the statement of grounds required by rule 81.14(1)(a) (where not included in the claim form) or 81.15(4)(a); or
any evidence unless it has been served in accordance with the relevant Section of this Part or the Practice Direction supplementing this Part.
At the hearing, the respondent is entitled—
to give oral evidence, whether or not the respondent has filed or served written evidence, and, if doing so, may be cross-examined; and
with the permission of the court, to call a witness to give oral evidence whether or not the witness has made an affidavit or witness statement.
The court may require or permit any party or other person (other than the respondent) to give oral evidence at the hearing.
The court may give directions requiring the attendance for cross-examination of a witness who has given written evidence.
If the court hearing an application in private decides to make a committal order against the respondent, it will in public state— (Rule 39.2 contains provisions about hearings in private.)
the name of the respondent;
in general terms, the nature of the contempt of court in respect of which the committal order is being made; and
the length of the period of the committal order.
Where a committal order is made in the absence of the respondent, the court may on its own initiative fix a date and time when the respondent is to be brought before the court.
The court making the committal order may also order that its execution will be suspended for such period or on such terms or conditions as it may specify.
Unless the court otherwise directs, the applicant must serve on the respondent a copy of any order made under paragraph (1).
If a committal order is made, the order will be for the issue of a warrant of committal.
Unless the court orders otherwise—
a copy of the committal order must be served on the respondent either before or at the time of the execution of the warrant of committal; or
where the warrant of committal has been signed by the judge, the committal order may be served on the respondent at any time within 36 hours after the execution of the warrant.
Without further order of the court, a warrant of committal must not be enforced more than 2 years after the date on which the warrant is issued.
A person committed to prison for contempt of court may apply to the court to be discharged.
The application must—
be in writing and attested by the governor of the prison (or any other officer of the prison not below the rank of principal officer);
show that the person committed to prison for contempt has purged, or wishes to purge, the contempt; and
be served on the person (if any) at whose instance the warrant of committal was issued at least one day before the application is made.
Paragraph (2) does not apply to—
a warrant of committal to which CCR Order 27 rule 8, or CCR Order 28 rule 4 or 14 relates; or
an application made by the Official Solicitor acting with official authority for the discharge of a person in custody.
If the committal order is made in the County Court and— the application for discharge may be made to a District Judge.
does not direct that any application for discharge must be made to a judge; or
was made by a District Judge under section 118 of the County Courts Act 1984,
If the committal order is made in the High Court, the application for discharge may be made to a single judge of the Division in which the committal order was made.
then, without prejudice to rule 81.31(1), the court may discharge the respondent and give such directions for dealing with the property taken by the commissioners as it thinks fit.
Where—
a writ of sequestration has been issued to enforce a judgment or order;
the property is in the custody or power of the respondent;
the respondent has been committed for failing to deliver up any property or deposit it in court or elsewhere; and
the commissioners appointed by the writ of sequestration take possession of the property as if it belonged to the respondent,
This Section applies to County Court only and contains rules in relation to the penal, contempt and disciplinary provisions of the County Courts Act 1984.
In this Section, “the Act” means the County Courts Act 1984.
and the alleged offender has not been taken into custody and brought before the court.
This rule applies where it is alleged that any person has committed an offence–
under section 14 of the Act, by assaulting an officer of the court acting in the execution of the officer’s duties;
under section 92 of the Act, by rescuing or attempting to rescue any goods seized in execution; or
under section 118 of the Act, by wilfully insulting a judge, juror, witness or any officer of the court or by wilfully interrupting the proceedings of the County Court or otherwise misbehaving in court,
The court will issue a summons, which must be served on the alleged offender personally not less than 7 days before the day of the hearing stated in the summons.
Rule 81.30 applies, with the necessary modifications, where an order is made under section 14, 92 or 118 of the Act committing a person to prison.
Where a complaint is made against a person under section 124 of the Act for having lost the opportunity of levying execution, the court will issue a summons, which must be served on the alleged offender personally not less than 7 days before the day of the hearing stated in the summons.
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 court may direct that notice be given to that person in accordance with paragraph (2).
The notice must state that if the recipient of the notice can demonstrate any reason why a fine should not be or should not have been imposed, that person may give evidence—
by witness statement, affidavit or otherwise; and
on a day named in the notice.
the same proceedings may be taken as if default had been made in payment of the whole of the fine.
If a fine is not paid in accordance with the order imposing it, the court officer will, as soon as reasonably possible, report the matter to a judge.
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,
If the court makes an order for payment of a fine to be enforced by warrant of control, the order will be treated as an application to the court for the issue of the warrant at the time when the order was made.
If a person pays a fine and later gives evidence to satisfy the court that, if the evidence had been given earlier, no fine or a smaller fine would have been imposed, the court may order the whole or part of the fine to be repaid.
This Part contains rules—
about—
applications under sections 6(2), 7(4) and 18(1) of the Justice and Security Act 2013;
closed material applications in section 6 proceedings;
section 6 proceedings; and
about appeals to the Court of Appeal where there have been proceedings on or in relation to any matter within sub-paragraph (a) in the High Court.
Subject to paragraph (3), in this Part—
“the Act” means the Justice and Security Act 2013;
“closed material application” means an application of the kind mentioned in section 8(1)(a) of the Act;
“legal representative” is to be construed in accordance with section 14(1) of the Act;
“relevant person” is to be construed in accordance with section 14(1) of the Act;
“section 6 proceedings” is to be construed in accordance with section 14(1) of the Act;
“sensitive material” has the meaning given by section 6(11) of the Act;
“special advocate” means a person appointed under section 9(1) of the Act;
“specially represented party” means a party whose interests a special advocate represents;
In relation to proceedings arising by virtue of section 18 of the Act (review of certification)—
a reference to the relevant person is to be read as a reference to the Secretary of State; and
a reference to the interests of national security includes a reference to the interests of the international relations of the United Kingdom.
Where any of the rules in this Part applies, the overriding objective in Part 1, and so far as possible any other rule, must be read and given effect in a way which is compatible with the duty set out in paragraph (2).
The court must ensure that information is not disclosed in a way which would be damaging to the interests of national security.
Subject to paragraph (2), the court must satisfy itself that the material available to it enables it properly to determine proceedings.
Subject to paragraph (2), in relation to proceedings to which this Part applies, these Rules apply subject to the rules in this Part.
Part 31 (disclosure and inspection of documents) applies to proceedings to which this Part applies, subject only to rule 82.2 and the court’s permission for material not to be disclosed otherwise than to—
the court;
any person appointed as a special advocate; and
where the Secretary of State is not the relevant person but is a party to the proceedings, the Secretary of State.
This Section applies, except where otherwise indicated, to the proceedings mentioned in rule 82.1.
Proceedings to which this Section applies are to be treated as allocated (or, as the case may be, re-allocated) to the multi-track.
If the court considers it necessary for any party and that party’s legal representative to be excluded from any hearing or part of a hearing in order to secure that information is not disclosed where disclosure would be damaging to the interests of national security, it must—
direct accordingly; and
conduct the hearing, or that part of it from which that party and that party’s legal representative are excluded, in private but attended by a special advocate to represent the interests of the excluded party.
The court may conduct a hearing or part of a hearing in private for any other good reason.
Unless the court directs otherwise, it must serve notice of the date, time and place fixed for any hearing on—
every party, whether or not entitled to attend that hearing; and
the special advocate or those instructing the special advocate.
The following proceedings must, unless the court directs otherwise, be determined at a hearing—
an application by the Secretary of State under section 6(2) of the Act for a declaration;
a closed material application;
a review of the court’s own motion under section 7 of a declaration made under section 6 of the Act;
a formal review under section 7(3) of the Act of a declaration made under section 6 of the Act;
an application under section 7 of the Act for revocation of a declaration made under section 6 of the Act;
an application under section 18(1) of the Act to have a certificate issued under section 17(3)(e) of the Act set aside;
an appeal to the Court of Appeal from a decision or order of the High Court made in any of the proceedings mentioned in paragraphs (a) to (f) above.
the Secretary of State must immediately give notice of the proceedings to the Attorney General (who, under section 9(1) of the Act, has the power to appoint a special advocate).
Subject to paragraphs (2) and (3), where—
the Secretary of State decides to make an application under section 6(2) of the Act for a declaration; or
the Secretary of State receives written notice under rule 82.21 (notification of intention to make application for a declaration) that a party other than the Secretary of State intends to make such an application; or
the Secretary of State receives written notice under rule 82.31 (review of certification) of an application under section 18(1) of the Act to have a certificate issued under section 17(3)(e) of the Act set aside,
Paragraph (1) applies unless a special advocate has already been appointed to represent the interests of the specially represented party in the proceedings and that special advocate is not prevented from communicating with that party by virtue of rule 82.11 (special advocate: communicating about proceedings).
Paragraph (1) applies whether the proceedings are in the High Court or the Court of Appeal.
Where any proceedings to which this Section applies are pending but no special advocate has been appointed, any party or the Secretary of State may request that the Attorney General appoint a special advocate.
The functions of a special advocate are to represent the interests of a specially represented party by—
making submissions to the court at any hearing or part of a hearing from which the specially represented party and the specially represented party’s legal representatives are excluded;
adducing evidence and cross-examining witnesses at any such hearing or part of a hearing;
making applications to the court or seeking directions from the court where necessary; and
making written submissions to the court.
The special advocate may communicate with the specially represented party or the specially represented party’s legal representative at any time before a relevant person serves sensitive material on the special advocate.
After the relevant person serves sensitive 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 (6)(b) or with a direction of the court pursuant to a request under paragraph (4).
The special advocate may, without directions from the court, communicate about the proceedings with—
the court;
the relevant person (where this is not the Secretary of State);
the Secretary of State or any person acting for the Secretary of State;
the Attorney General or any person acting for the Attorney General; or
any other person, except the specially represented party or the specially represented party’s legal representative, with whom it is necessary for administrative purposes for the special advocate to communicate about matters not connected with the substance of the proceedings.
The special advocate may request directions from the court authorising the special advocate to communicate with the specially represented party or the specially represented party’s legal representative or with any other person.
Where the special advocate makes a request for directions under paragraph (4)—
the court must notify the relevant person, and (where the relevant person is not the Secretary of State) the Secretary of State, of the request and of the content of the proposed communication and the form in which it is proposed to be made; and
the relevant person or the Secretary of State or each of them (where each wishes to object) must, within a period specified by the court, file with the court and serve on the special advocate notice of any objection which the relevant person or the Secretary of State has to the proposed communication or to the form in which it is proposed to be made.
Paragraph (2) does not prohibit the specially represented party from communicating with the special advocate after the relevant person has served material on the special advocate, but—
the specially represented party may only communicate with the special advocate in writing through the specially represented party’s legal representative; and
the special advocate must not reply to the communication other than in accordance with directions of the court, except that the special advocate may without such directions send a written acknowledgment of receipt to the specially represented party’s legal representative.
Subject to the other rules in this Part, the evidence of a witness may be given either—
orally before the court; or
in writing, in which case it must be given in such manner and at such time as the court directs.
The court may also receive evidence in documentary or any other form.
The court may receive evidence that would not, but for this rule, be admissible in a court of law.
Every party is entitled to adduce evidence and to cross-examine witnesses during any hearing or part of a hearing from which that party and that party’s legal representatives are not excluded.
A special advocate is entitled to adduce evidence and to cross-examine a witness only during a hearing or part of a hearing from which the specially represented party and the specially represented party’s legal representatives are excluded.
The court may require a witness to give evidence on oath.
The relevant person—
must apply to the court for permission to withhold sensitive material from a specially represented party or the specially represented party’s legal representative in accordance with this rule; and
may not rely on sensitive material at a hearing on notice unless a special advocate has been appointed to represent the interests of the specially represented party.
The relevant person must file with the court and, at such time as the court directs, serve on the special advocate—
the sensitive material; and
a statement of the relevant person’s reasons for withholding that material from the specially represented party and the specially represented party’s legal representatives.
The relevant person may at any time amend or supplement material filed under this rule, but only with—
the agreement of the special advocate; or
the permission of the court.
This rule applies where the relevant person or, as the case may be, the Secretary of State has—
applied under rule 82.13 (sensitive material) for permission to withhold sensitive material; or
objected under rule 82.11(5)(b) (special advocate: communicating about proceedings) to a proposed communication by the special advocate or to the form in which it is proposed to be made.
The court must fix a hearing for the relevant party, the Secretary of State and the special advocate to make oral representations, unless—
the special advocate gives notice that he or she does not challenge the application or objection;
the court has previously, in determining the application under section 6(2) of the Act for a declaration, found that the first condition in section 6 of the Act is met in relation to the same or substantially the same material and is satisfied that it would be just to give permission without a hearing;
the court has previously considered— is satisfied that it would be just to give permission or uphold the objection without a hearing; or
an application under rule 82.13(1) for permission to withhold the same or substantially the same material; or
an objection under rule 82.11(5)(b) to the same or substantially the same proposed communication; and
the relevant person, the Secretary of State and the special advocate consent to the court deciding the application or objection without a hearing.
If the special advocate does not challenge the application or the objection, he or she must give notice of that fact to the court, the relevant person and the Secretary of State no later than the end of—
14 days after the date on which the relevant person or the Secretary of State serves on the special advocate the notice under rule 82.11(5)(b) or the material under rule 82.13(2), or
such other period as the court may direct.
Where the court fixes a hearing under this rule, the relevant person, 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 also—
give brief reasons for their contentions in relation to each issue; and
set out any proposals for the court to resolve those issues.
A hearing under this rule shall take place in the absence of the specially represented party and the specially represented party’s legal representative.
Where the court has, in determining an application under section 6(2) of the Act for a declaration, found that the first condition in section 6 of the Act is met in relation to any material, it may give permission to withhold that material without a hearing in relation to that material, whether or not a hearing is required in relation to any other material.
Where the court gives permission to the relevant person to withhold sensitive material, the court—
must consider whether to direct the relevant person to serve a summary of that material on the specially represented party and the specially represented party’s legal representative; but
must ensure that any such summary does not contain material the disclosure of which would be damaging to the interests of national security.
If the court is satisfied that— the court may direct that the relevant person must not rely in the proceedings on that material, without the court first requiring the relevant person to serve a summary of that material on the specially represented party and the specially represented party’s legal representative.
the relevant person does not intend to rely on sensitive material, and
that material does not adversely affect the relevant person’s case or support the case of another party to the proceedings,
Where the court has not given permission to the relevant person to withhold sensitive material from, or has directed the relevant person to serve a summary of that material on, the specially represented party and the specially represented party’s legal representative—
the relevant person shall not be required to serve that material or summary; but
if the relevant person does not do so, at a hearing on notice the court may—
if it considers that the material or anything that is required to be summarised might adversely affect the relevant person’s case or support the case of another party to the proceedings, direct that the relevant person is not to rely on such points in the relevant person’s case, or that the relevant person makes such concessions or takes such other steps as the court may direct; and
in any other case, direct that the relevant person must not rely in the proceedings on that material or (as the case may be) on what is required to be summarised.
The court must give permission to the relevant person to withhold sensitive material where it considers that disclosure of that material would be damaging to the interests of national security.
Where a party or the special advocate fails to comply with a direction of the court, the court may serve on that person a notice which states—
the respect in which that person has failed to comply with the direction;
a time limit for complying with the direction; and
that the court may proceed to determine the proceedings before it on the material before it if that person fails to comply with the direction within that time limit.
Where a party or the special advocate fails to comply with the direction after such a notice, the court may proceed in accordance with paragraph (1)(c).
Where the court gives judgment in any proceedings to which this Section applies, it may withhold any, or any part, of its reasons if and to the extent that it is not possible to give those reasons without disclosing information the disclosure of which would be damaging to the interests of national security.
Where the judgment of the court does not include the full reasons for its decision, the court must serve on the relevant person, the Secretary of State (where not the relevant person) and the special advocate a separate written judgment giving those reasons.
then before the court serves any such notice or judgment on the specially represented party, it must first serve notice on the Secretary of State and, if the relevant person is not the Secretary of State, on the relevant person, of its intention to do so. would cause information to be disclosed where such disclosure would be damaging to the interests of national security.
If the court proposes, in any proceedings to which this Section applies, to serve on a specially represented party—
notice of any order or direction made or given in the absence of the Secretary of State or, if the relevant person is not the Secretary of State, the absence of the relevant person; or
any written judgment;
The Secretary of State or relevant person may, within 5 days of being served with notice under paragraph (1), apply to the court to reconsider the terms of the order or direction or to review the terms of the proposed judgment if the Secretary of State or relevant person considers that—
the Secretary of State or relevant person’s compliance with the order or direction; or
the notification to the specially represented party of any matter contained in the judgment, order or direction,
Where the Secretary of State or relevant person makes an application under paragraph (2), the Secretary of State or relevant person must at the same time serve on the special advocate—
a copy of the application; and
a copy of the notice served on the Secretary of State or relevant person pursuant to paragraph (1).
Rule 82.14 (consideration of closed material application or of objection to special advocate’s communication), except for paragraphs (6) to (8) of that rule, applies with any necessary modifications to the consideration of an application under paragraph (2) of this rule.
The court must not serve notice or a written judgment on the specially represented party as mentioned in paragraph (1) before the time for the Secretary of State or relevant person to make an application under paragraph (2) has expired.
Unless the court otherwise directs, rule 5.4 (Register of Claims), rule 5.4B (supply of documents from court records – a party) and rule 5.4C (supply of court documents – a non-party) do not apply to any proceedings to which this Section applies.
This Section contains rules about applications under section 6(2) of the Act (application for a declaration that the proceedings are proceedings in which a closed material application may be made).
This rule applies where the Secretary of State is not a party to relevant civil proceedings but—
it appears to— that the party may be required to disclose material the disclosure of which would be damaging to the interests of national security, and
a party to those proceedings; or
the court,
either—
the party does not intend to make an application under section 6(2) of the Act for a declaration; or
the court does not consider it appropriate to make such a declaration of its own motion.
Where this rule applies by virtue of paragraph (1)(a)(i) and (b)(i)—
the party must—
notify the Secretary of State and the court in writing; and
not disclose the material in question unless and to the extent that the court directs; and
the court must on receiving notification give such directions as appear necessary pending the Secretary of State’s response.
Where this rule applies by virtue of paragraph (1)(a)(ii) and (b)(ii), the court must—
direct the party in question not to disclose the material in question unless and to the extent the court directs otherwise;
notify the Secretary of State in writing; and
give such directions as appear necessary pending the Secretary of State’s response.
Within 14 days of being notified in accordance with paragraph (2) or (3), the Secretary of State must respond in writing to the court—
confirming that the Secretary of State intends to apply under section 6(2) of the Act for a declaration;
confirming that the Secretary of State does not intend to apply for such a declaration; or
requesting further time to consider whether to apply for such a declaration.
The court—
may stay the proceedings either on application by a party or of its own motion where the Secretary of State has been notified under paragraph (2) or (3); and
must stay the proceedings where the Secretary of State responds in accordance with paragraph (4)(a) or (c).
Any stay may be subject to conditions, including a condition that the application must be made, or confirmation given that no application will be made, within a time specified by the court.
Any person who intends to make an application under section 6(2) of the Act for a declaration—
must, at least 14 days before making the application, serve written notice of that intention on the court and on every other party to the relevant civil proceedings and (if the Secretary of State is not a party) on the Secretary of State;
may at any time apply to the court for the relevant civil proceedings to which the declaration would relate to be stayed pending—
the application; or
the person’s consideration of whether to make an application.
The court may stay the relevant civil proceedings to which the declaration would relate on an application under paragraph (1)(b) or of its own motion.
Any stay may be subject to conditions, including a condition that the application must be made, or confirmation given that no application will be made, within a time specified by the court.
An application under section 6(2) of the Act for a declaration must be made by the applicant filing with the court—
a statement of reasons to support the application and any additional written submissions;
material in relation to which the court is asked to find that the first condition in section 6 of the Act is met;
the details of any special advocate already appointed under rule 82.9 (appointment of a special advocate).
Where the applicant is the Secretary of State, the statement of reasons required by paragraph (1)(a) must include the Secretary of State’s reasons for not making, or not advising another person to make, a claim for public interest immunity in relation to the material on which the application would be based.
and must give directions for a directions hearing unless it considers that the application can be determined on the papers, in which case it must give directions as it considers appropriate.
When a party to relevant civil proceedings or (if the Secretary of State is not a party) the Secretary of State makes an application under section 6(2) of the Act for a declaration, the court must serve notice of the application on—
all other parties and (if the Secretary of State is neither a party nor the applicant) the Secretary of State;
the legal representatives of all other parties and (where relevant) the Secretary of State; and
the special advocate,
Any directions hearing shall take place in the absence of the specially represented party and the specially represented party’s legal representative.
At the directions hearing the court must give directions—
for the hearing of the application; and
specifying a date and time by which the parties and the special advocate must file and serve any written evidence or written submissions.
The hearing of the application shall take place in the absence of the specially represented party and the specially represented party’s legal representative.
When the court has determined an application made under section 6(2) of the Act, the applicant must within 7 days of that determination serve written notice of the outcome of the application on every other party to the proceedings and (if the Secretary of State is not a party) on the Secretary of State.
The notice must be limited to stating whether the application was granted or refused.
If the court makes a declaration under section 6 of the Act and the Secretary of State is not already a party to the proceedings in relation to which the declaration is made, the court must order the Secretary of State to be joined as a party to those proceedings, unless the Secretary of State does not wish to be joined and notifies the court in writing accordingly.
If the court makes a declaration under section 6 of the Act, it must give directions for the further management of the case, or for a directions hearing, or for both.
The court must, either when giving directions under paragraph (1) or at the directions hearing (if it directs such a hearing), give directions— unless it considers that the application can be determined on the papers, in which case it must give directions as it considers appropriate.
for a hearing of a closed material application; and
specifying a date and time by which the parties and special advocate must file and serve any written evidence or written submissions,
Directions given under this rule may include directions for—
the filing by any party of—
a statement of case; or
an amended statement of case; and
a hearing of a closed material application in relation to such a statement of case.
This Section contains rules about—
revocation— of a declaration made under section 6 of the Act; and
of the court’s own motion; or
on application,
the court’s formal review of such a declaration.
This rule applies if the court at any time considers that a declaration made under section 6 of the Act may no longer be in the interests of the fair and effective administration of justice in the proceedings.
The court must in writing—
notify the parties (and the Secretary of State if not a party) and the special advocate that it is considering whether to revoke the declaration; and
invite them to make submissions.
Each party (and the Secretary of State if not a party) and the special advocate must within 28 days of the date of notification under paragraph (2) file a response either—
containing written submissions supporting or opposing revocation of the declaration and giving reasons; or
confirming that the party (or the Secretary of State, or the special advocate, as appropriate) does not wish to make any submissions.
The court may, on receipt of the responses under paragraph (3), either—
give directions—
for a hearing to determine whether the declaration should be revoked; and
specifying a date and time by which the parties (and Secretary of State if not a party) and special advocate must file and serve any written evidence or written submissions; or
determine the issue without a hearing.
A hearing under this rule shall take place in the absence of the specially represented party and the specially represented party’s legal representative.
and must give directions for a hearing unless it considers that the application can be determined on the papers, in which case it may give directions as it considers appropriate.
An application under section 7(4)(a) of the Act for revocation of a declaration made under section 6 of the Act must be made by the applicant filing with the court—
a statement of reasons to support the application; and
any written submissions.
When such an application has been made, the court must serve notice of the application on—
all other parties and (if the Secretary of State is neither a party nor the applicant) the Secretary of State;
the legal representatives of those parties and (where relevant) the Secretary of State; and
the special advocate,
Each party (and the Secretary of State if neither a party nor the applicant) and the special advocate must within 28 days of the date of notification under paragraph (2) file a response either—
containing written submissions supporting or opposing revocation of the declaration and giving reasons; or
confirming that the party (or the Secretary of State, or the special advocate, as appropriate) does not wish to make any submissions.
The court must, after receipt of the responses under paragraph (3), either—
give directions—
for a hearing to determine whether the declaration should be revoked; and
specifying a date and time by which the parties (and Secretary of State if not a party) and special advocate must file and serve any written evidence or written submissions; or
determine the issue without a hearing.
A hearing under this rule shall take place in the absence of the specially represented party and the specially represented party’s legal representative.
Once the pre-trial disclosure exercise in proceedings where there has been a declaration under section 6 of the Act has been completed, the court must review whether the declaration continues to be in the interests of the fair and effective administration of justice in the proceedings.
If the court considers that the declaration may no longer be in the interests of the fair and effective administration of justice in the proceedings, it must proceed in accordance with paragraphs (2) to (5) of rule 82.28.
If the court considers that the declaration continues to be in the interests of the fair and effective administration of justice in the proceedings, it may so declare without a hearing.
For the purposes of section 7(3) of the Act and this rule, the pre-trial disclosure exercise in the proceedings is to be considered to have been completed—
where the claim is one to which rule 31.5(2) does not apply, when disclosure equivalent to standard disclosure has been completed in accordance with this Part;
where the claim is one to which rule 31.5(2) applies, when disclosure equivalent to that directed under rule 31.5(7) and (8) has been completed in accordance with this Part.
An application under section 18(1) of the Act to have a certificate issued under section 17(3)(e) of the Act set aside must be made by the applicant filing with the court—
a statement of reasons to support the application; and
any written submissions.
The court with which the documents in paragraph (1)(a) and (b) must be filed is—
the High Court, if the court seised of the proceedings in relation to which the certificate was issued is the High Court or County Court ; or
the Court of Appeal, if the court seised of the proceedings in relation to which the certificate was issued is the Court of Appeal.
When such an application has been made, the court must serve notice of the application on the Secretary of State and the Secretary of State’s legal representative, and on the special advocate when a special advocate has been appointed pursuant to rule 82.9.
The Secretary of State must, within 28 days of the date of notification under paragraph (3), file, and serve upon the special advocate, a response either—
containing written submissions opposing the setting aside of the certificate and giving reasons; or
confirming that the Secretary of State does not oppose the setting aside of the certificate.
The special advocate must within 28 days of being served under paragraph (4) file, and serve on the Secretary of State, a response either—
containing written submissions supporting the setting aside of the certificate and giving reasons; or
confirming that the special advocate does not wish to make any submissions.
The court must, after receipt of the responses under paragraphs (4) and (5), either—
give directions—
for a hearing to determine whether the certificate should be revoked; and
specifying a date and time by which the parties (and the Secretary of State if not a party) and special advocate must file and serve any written evidence or written submissions; or
determine the issue without a hearing.
A hearing under this rule shall take place in the absence of the specially represented party and the specially represented party’s legal representative.
Part 52 (appeals) applies to an appeal to the Court of Appeal—
against an order of the High Court on or in relation to an application under section 6(2), 7(4) or 18(1) of the Act, or section 6 proceedings;
where the order under appeal was not made on or in relation to a matter within sub-paragraph (a) but the appeal proceedings involve such a matter or are section 6 proceedings.
Paragraph (1) is subject to—
rule 82.2;
Section 2 of this Part; and
paragraph (3) of this rule.
The appellant must serve a copy of the appellant’s notice on any special advocate.
This Part contains general rules about writs and warrants as follows—
Section II relates to writs and warrants;
Section III relates to writs only; and
Section IV relates to warrants only.
In this Part—
“the Act” means the Tribunals, Courts and Enforcement Act 2007;
“the creditor” means a person who has obtained or who is entitled to enforce a judgment or order;
“the debtor” means a person against whom a judgment or order was given or made;
“enforcement agent” has the meaning given in paragraph 2(1) of Schedule 12;
“enforcement officer” means an individual who is authorised to act as an enforcement officer under Schedule 7 to the Courts Act 2003;
“relevant enforcement officer” means—
in relation to a writ of execution or a writ of control which is directed to a single enforcement officer, that officer; and
in relation to a writ of execution or writ of control which is directed to two or more enforcement officers, the officer to whom the writ is allocated;
“Schedule 12” means Schedule 12 to the Act;
“TCG procedure” means the procedure in Schedule 12 to take control of goods and sell them to recover a sum in accordance with that Schedule and regulations made under it;
“TCG Regulations” means the Taking Control of Goods Regulations 2013;
“warrant of control” is to be construed in accordance with section 62(4) of the Act;
“writ of control” is to be construed in accordance with section 62(4) of the Act;
“writ of execution” includes— and any further writ in aid of any such writs, but does not include a writ of control.
a writ of possession;
a writ of delivery;
a writ of sequestration;
a writ of fieri facias de bonis ecclesiasticis,
This rule applies to—
writs and warrants of control;
writs of execution;
warrants of delivery;
warrants of possession.
A writ or warrant to which this rule applies is referred to in this rule as a “relevant writ or warrant”.
A relevant writ or warrant must not be issued without the permission of the court where—
six years or more have elapsed since the date of the judgment or order;
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;
the judgment or order is against the assets of a deceased person coming into the hands of that person’s executors or administrators after the date of the judgment or order, and it is sought to issue execution against such assets;
any goods to be seized under a relevant writ or warrant are in the hands of a receiver appointed by a court or sequestrator;
under the judgment or order, any person is entitled to a remedy subject to the fulfilment of any condition, and it is alleged that the condition has been fulfilled (other than where non-compliance with the terms of suspension of enforcement of the judgment or order is the failure to pay money); or
the permission sought is for a writ of control or writ of execution, and that writ is to be in aid of another writ of control or execution.
An application for permission may be made in accordance with Part 23 and must—
identify the judgment or order to which the application relates;
if the judgment or order is for the payment of money, state the amount originally due and, if different, the amount due at the date the application notice is filed;
where the case falls within paragraph (3)(a), state the reasons for the delay in enforcing the judgment or order;
where the case falls within paragraph (3)(b), state the change which has taken place in the parties entitled or liable to execution since the date of the judgment or order;
where the case falls within paragraph (3)(c) or (d), state that a demand to satisfy the judgment or order was made on the person liable to satisfy it and that that person has refused or failed to do so;
give such other information as is necessary to satisfy the court that the applicant is entitled to proceed to execution on the judgment or order, and that the person against whom it is sought to issue execution is liable to execution on it.
An application for permission may be made without notice being served on any other party unless the court directs otherwise.
If because of one event, an applicant seeks permission under paragraph (3)(b) to enforce more than one judgment or order, the applicant need only make one application for permission.
Where paragraph (6) applies—
a schedule must be attached to the application for permission, specifying all the judgments or orders in respect of which the application for permission 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 that person.
Where— the permission order will cease to have effect.
the court grants permission, under this rule or otherwise, for the issue of a writ of execution or writ of control (“the permission order”); and
the writ is not issued within one year after the date of the permission order,
Where a permission order has ceased to have effect, the court may grant a fresh permission order.
Paragraph (3) is without prejudice to section 2 of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 and 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.
Notwithstanding anything in rule 83.2, an application for permission to issue a writ of sequestration must be made in accordance with Part 81 and in particular Section 7 of that Part.
other than writs of execution or warrants that confer a power to use the TCG procedure.
This rule applies to—
writs of execution;
warrants of possession; and
warrants of delivery,
A writ or warrant to which this rule applies is referred to in this rule as a “relevant writ or warrant”, “relevant writ” or “relevant warrant” as appropriate.
Subject to paragraph (4), for the purposes of execution, a writ or warrant will be valid for the period of 12 months beginning with the date of its issue.
The court may extend the relevant writ or warrant from time to time for a period of 12 months at any one time.
If the application is made before the expiry of the period of 12 months, the period of extension will begin on the day after the expiry.
If the application is made after the expiry of the period of 12 months, any period of extension will begin on any day after the expiry that the court may allow.
Before a relevant writ that has been extended is executed—
the court will seal the writ; or
the applicant for the extension order must serve a notice sealed as described in subparagraph (a) on the relevant enforcement officer informing that officer of the making of the extension order and the date of that order.
In relation to a relevant warrant, the court will endorse the warrant with a note of the renewal or extension.
Irrespective of whether it has been extended under paragraph (4)—
the priority of a relevant writ will be determined by reference to the time it is originally received by the person who is under a duty to endorse it; and
the priority of a relevant warrant will be determined by reference to the date on which it was originally issued.
The production of the following will be evidence that the relevant writ or warrant has been extended—
the writ sealed in accordance with paragraph (7)(a);
the notice sealed in accordance with paragraph (7)(b);
the warrant endorsed in accordance with paragraph (8).
If, during the validity of a relevant writ, a person makes an application under Part 85 in relation to an execution under that writ, the validity of the writ will be extended until the expiry of 12 months from the conclusion of the proceedings under Part 85.
This rule applies to—
a writ of control;
a warrant of control; and
any other writ or warrant that confers power to use the TCG procedure.
A writ or warrant to which this rule applies is referred to in this rule as a “relevant writ or warrant”, “relevant writ” or “relevant warrant” as appropriate.
A relevant writ or warrant will be valid for the period in which an enforcement agent may take control of the goods in question, as specified in regulation 9(1) of the TCG Regulations.
If a period in which to take control of goods is extended by the court under regulation 9(3) of the TCG Regulations, the validity of the relevant writ or warrant will be extended for the same period. (Rule 84.5 contains provisions about applications to the court requesting a time extension.)
Irrespective of whether it has been extended under regulation 9(3) of the TCG Regulations—
the priority of a relevant writ will be determined by reference to the time it is originally received by the person who is under a duty to endorse it; and
the priority of a relevant warrant will be determined by reference to the date on which it was originally issued.
The production of— will be evidence that the writ or warrant has been extended.
the extension order granted under regulation 9(3) of the TCG Regulations, or a copy of it; or
the relevant writ or warrant endorsed in accordance with rule 84.5(3)(b), or a copy of it,
If, during the validity of a relevant writ or warrant, a person makes an application under Part 85 in relation to goods taken into control under that writ or warrant, the validity of the writ or warrant will be extended until the expiry of 12 months from the conclusion of the proceedings under Part 85.
a writ of control or warrant of control (as appropriate) may be issued for the recovery of the sum.
Where—
judgment is given or an order made for—
payment of a sum otherwise than by instalments (“the sum”); and
costs to be assessed; and
default is made in payment of the sum before the costs have been assessed,
If— a separate writ of control or warrant of control may be issued for the recovery of the costs.
paragraph (1) applies;
a writ or warrant is issued for the recovery of the sum;
the costs are assessed; and
default is made in payment of the costs,
A party entitled to enforce a judgment or order of the High Court for— may issue a separate writ of control to enforce payment of any damages or costs awarded to that party by that judgment or order.
the delivery of any property, other than money; or
possession of any property,
A party entitled to enforce a judgment or order of the County Court by warrant of delivery may issue a separate warrant of control to enforce payment of any damages or costs awarded to that party by that judgment or order.
This rule applies to writs and warrants other than—
writs of control;
warrants of control; and
writs or warrants in relation to an Admiralty claim in rem.
Where a writ or warrant is not a writ of control or warrant of control but nevertheless confers the power to use the TCG procedure, this rule applies to the parts of the writ or warrant that do not confer the power to use the TCG Procedure.
Unless the court orders otherwise, a writ or warrant to enforce a judgment or order must not be executed on a Sunday, Good Friday or Christmas Day.
At the time that a judgment or order for payment of money is made or granted, or at any time thereafter, the debtor or other party liable to execution of a writ of control or a warrant may apply to the court for a stay of execution.
The power of the court to stay execution of a warrant of control may be exercised by a District Judge, or a court officer where paragraph (10) applies, and the power of the court to stay execution of any other warrant or of a writ of control may be exercised by a Master or District Judge.
Where the application for a stay of execution is made on the grounds of the applicant’s inability to pay, the witness statement required by paragraph (6)(b) must disclose the debtor’s means.
If the court is satisfied that— then, notwithstanding anything in paragraph (5) or (6), the court may by order stay the execution of the judgment or order, either absolutely or for such period and subject to such conditions as the court thinks fit.
there are special circumstances which render it inexpedient to enforce the judgment or order; or
the applicant is unable from any reason to pay the money,
An application under this rule, if not made at the time the judgment is given or order made—
must be made in accordance with Part 23, as modified by paragraphs (6) to (14); and
may be made even if 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.
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 made by or on behalf of the applicant substantiating the grounds.
Paragraphs (8) to (15) apply to applications in the County Court.
Where the debtor makes an application in the County Court, the court will—
send the creditor a copy of the debtor’s application (and statement of means); and
require the creditor to notify the court in writing whether or not the creditor objects to the application, within 14 days of service of the notification, giving reasons for any objection the creditor may have to the granting of the application.
If the 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.
Upon receipt of a notice by the creditor under paragraph (8)(b), the court officer may, if the creditor agrees, or objects only to the terms offered, determine the date and rate of payment and make an order suspending the warrant on terms of payment.
Any party affected by an order made under paragraph (10) may, within 14 days of service of the order on that party and giving reasons, apply on notice for the order to be reconsidered.
If a party applies for the order to be reconsidered, the court will—
fix a day for the hearing of the application before the District Judge; and
give to the creditor and the debtor not less than 8 days’ notice of the day so fixed.
On hearing an application under paragraph (11), the District Judge may confirm the order or set it aside and make such new order as the court thinks fit.
Where the creditor states in the notice under paragraph (8)(b) that the creditor wishes the enforcement agent to proceed to execute the warrant, the court will—
fix a day for a hearing before the District Judge of the debtor’s application; and
give to the creditor and to the debtor not less than 2 days’ notice of the day so fixed.
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.
If the creditor or debtor serves notice on the enforcement agent or enforcement officer requiring reasonable information about the execution of a writ or warrant, the enforcement agent or enforcement officer must send such information to the creditor or debtor within 7 days of service of the notice.
If the enforcement agent or enforcement officer fails to comply with the notice, the party who served the notice may apply to the court for an order directing the enforcement agent or enforcement officer to comply with the notice.
In this rule “the appropriate office” means—
where the proceedings in which execution is to issue are in a District Registry, that Registry;
where the proceedings are in the Principal Registry of the Family Division, that Registry;
where the proceedings are Admiralty proceedings or commercial proceedings which are not in a District Registry, the Admiralty and Commercial Registry;
where the proceedings are in the Chancery Division, Chancery Chambers;
in any other case, the Central Office of the Senior Courts.
Issue of a writ of execution or control takes place on its being sealed by a court officer of the appropriate office.
Before a writ is issued a request for its issue must be filed.
The request must be signed—
by the person entitled to execution, if acting in person; or
by or on behalf of the solicitor of the person entitled to execution.
Subject to paragraph (5A), the writ will not be sealed unless at the time it is presented for sealing—
the person presenting the writ produces—
the judgment or order on which the writ is to issue, or an office copy of it;
where permission was required for the writ to be issued, the order granting such permission or evidence of the granting of it;
where judgment on failure to acknowledge service has been entered against a State, as defined in section 14 of the State Immunity Act 1978, evidence that the State has been served in accordance with rule 40.10 and that the judgment has taken effect; and
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 under the judgment or order has expired.
Where a request is made for a writ of possession to enforce a notice under section 33D of the Immigration Act 2014 (termination of agreement where all occupiers disqualified), a copy of that notice must be filed with the request instead of the judgment or order required by paragraph (5)(a)(i).
Every writ of execution or control will bear the date of the day on which it is issued.
This rule applies where the name or address of the creditor or debtor as given in the request for the issue of the following differs from that person’s name or address in the judgment or order sought to be enforced—
a writ of control;
writ of delivery.
If the creditor files a witness statement that satisfies the court officer that the name or address as given in the request is applicable to the person concerned, the creditor or the debtor will be described in the writ as “CD of [name and address as given in the request] suing [or sued] as AD of [name and address in the judgment or order]”.
In this rule, “a writ relating to ecclesiastical property” means—
a writ of fieri facias de bonis ecclesiasticis; or
a writ of sequestrari de bonis ecclesiasticis.
This rule applies where it appears upon the return of any writ of control that the person against whom the writ was issued—
has no goods or chattels in the district of the relevant enforcement officer; but
is the incumbent of a benefice named in the return.
After the writ and return have been filed, the party by whom the writ of control was issued may issue a writ relating to ecclesiastical property.
Any such writ must be directed and delivered to the bishop of the diocese within which that benefice is, to be executed by that bishop.
The only fees allowed to the bishop or diocesan officer for the execution of the writ are those authorised by or under any enactment, including any measure of the General Synod.
This rule applies in relation to writs that do not confer a power to use the TCG procedure.
A court order 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—
the person at whose instance the writ of execution under which the sale is to be made was issued;
the person against whom that writ was issued (in this rule referred to as “the judgment debtor”); or
if the writ was directed to one or more enforcement officers, the relevant enforcement officer.
Such an application must be made in accordance with Part 23.
Where the applicant for an order under this rule is not the enforcement officer, the enforcement officer must, on the demand of the applicant, send to the applicant a list, stating—
whether the enforcement officer has notice of the issue of another writ or writs of execution against the goods of the judgment debtor; and
so far as is known to the enforcement officer, the name and address of every creditor who has obtained the issue of another such writ of execution.
Where the enforcement officer is the applicant, the enforcement officer must prepare such a list.
Not less than 3 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 the list prepared under paragraph (4) or (5).
Service of the application notice on a person named in the list prepared under paragraph (4) or (5) is notice to that person for the purpose of paragraph 10(3) of Schedule 7 to the Courts Act 2003.
The applicant must produce the list prepared under paragraph (4) or (5) to the court on the hearing of the application.
Every person on whom the application notice was served may attend and be heard on the hearing of the application.
A judgment or order for the giving of possession of land may be enforced in the High Court by one or more of the following means—
writ of possession;
in a case in which rule 81.4 applies, an order of committal;
in a case in which rule 81.20 applies, writ of sequestration.
Subject to paragraphs (3), (5) and (6), a writ of possession to enforce a judgment or order for the giving of possession of any land , or to enforce a notice under section 33D of the Immigration Act 2014, will not be issued without the permission of the court.
The court’s permission is not required for the issue of a writ of possession in a possession claim against trespassers under Part 55 unless the writ is to be issued after the expiry of three months from the date of the order.
An application for permission under paragraph (3) may be made without notice being served on any other party unless the court orders otherwise.
The courts’ permission to issue a writ of restitution in aid of a writ of possession is required whether or not permission was required for the writ of possession.
The court’s permission is not required for the issue of a writ of possession to enforce a judgment or order for the giving of possession of any land where the judgment or order was given or made in proceedings in which there is a claim for—
payment of moneys secured by the mortgage;
sale of the mortgaged property;
foreclosure;
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;
redemption;
reconveyance of the land or its release from the security; or
delivery of possession by the mortgagee.
In paragraph (6) “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.
Permission referred to in paragraph (2) will not be granted unless it is shown—
that every person in actual possession of the whole or any part of the land (“the occupant”) has received such notice of the proceedings as appears to the court sufficient to enable the occupant to apply to the court for any relief to which the occupant may be entitled; and
if the operation of the judgment or order is suspended by section 16(2) of the Landlord and Tenant Act 1954, that the applicant has not received notice in writing from the tenant that the tenant desires that the provisions of section 16(2)(a) and (b) of that subsection shall have effect.
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.
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 in the High Court by one or more of the following means—
writ of delivery to recover the goods without alternative provision for recovery of the assessed value of those goods (“writ of specific delivery”);
in a case in which rule 81.4 applies, an order of committal;
in a case in which rule 81.20 applies, writ of sequestration.
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—
writ of delivery to recover the goods or their assessed value;
by order of the court, writ of specific delivery;
in a case in which rule 81.20 applies, writ of sequestration.
An application for an order under paragraph (2)(b) must be made in accordance with Part 23, and must be served on the defendant against whom the judgment or order sought to be enforced was given or made.
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.
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.
This rule applies to writs in aid of writs of delivery.
In this rule, “instalment order” means an order for payment of a sum of money by instalments.
This rule applies in relation to—
warrants of control; and
warrants of delivery.
A creditor may apply for a warrant to be issued by filing a request.
A request for a warrant of control or delivery—
may be made without notice; and
must be made to—
the County Court hearing centre where the judgment or order which it is sought to enforce was made; or
the County Court hearing centre to which the proceedings have since been transferred.
Subject to paragraph (4)(b)(ii), a request for a warrant of control to enforce a judgment or order made at the County Court Money Claims Centre must be made to that office.
In the request, the creditor must certify—
the amount remaining due under the judgment or order; and
where the order made is an instalment order—
that the whole or part of any instalment due remains unpaid; and
the amount for which the warrant is to be issued.
The court officer may discharge the functions of the District Judge under section 85(2) of the County Courts Act 1984 of issuing a warrant.
Unless an instalment order has been made and paragraphs (9) and (10) apply, any warrant issued must be issued for the whole of the sum of money and costs remaining unpaid, and may not be issued for part of the sum.
Where the court has made an instalment order and default has been made in payment of an instalment, then subject to paragraph (10), a warrant of control may be issued for—
the whole of the sum of money and costs then remaining unpaid; or
for such part of the sum as the creditor may request, which must not be less than the greater of—
£50; or
the amount of one monthly instalment or, as the case may be, four weekly instalments.
Where an instalment order has been made, no warrant will be issued unless at the time when it is issued—
the whole or part of an instalment which has already become due remains unpaid; and
any warrant previously issued for part of the sum of money and costs has expired, been satisfied or abandoned.
The court may, on an application by a debtor who wishes to oppose a request for a warrant of control or warrant of delivery, transfer it to the County Court hearing centre serving the address where the debtor resides or carries on business, or to another court.
the request referred to in rule 83.15(3) may be filed in the County Court hearing centre which serves the address where execution is to be levied.
Where it is desired to enforce by warrant of control or warrant of delivery—
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,
Subject to paragraph (3), any restriction imposed by these rules on the issue of execution will apply as if the judgment, order, decree or award were a judgment or order of the County Court.
Permission to issue execution will not be required if permission has already been given by the High Court.
Notice of the issue of the warrant will be sent by the County Court to the High Court.
This rule applies where the name or address of the creditor or debtor as given in the request for the issue of the following differs from that person’s name or address in the judgment or order sought to be enforced—
a warrant of control;
a warrant of delivery.
If the creditor files a witness statement that satisfies the court officer that the name or address as given in the request is applicable to the person concerned, the creditor or the debtor will be described in the warrant as “CD of [name and address as given in the request] suing [or sued] as AD of [name and address in the judgment or order]”.
This rule applies where the creditor makes a request for a certificate of judgment under rule 40.14A(1) for the purpose of enforcing the judgment or order in the High Court—
by execution against goods; or
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 will take effect as an order to transfer the proceedings to the High Court and the transfer will have effect on the grant of that certificate.
On the transfer of proceedings in accordance with paragraph (2), the County Court will—
give notice to the debtor or the person against whom the possession order was made that the proceedings have been transferred; and
make an entry of the fact of transfer in the court records.
In a case where a request for a certificate of judgment is made under rule 40.14A(1) for the purpose of enforcing a judgment or order in the High Court and any of the following proceedings are pending, the request for the certificate will not be dealt with until those proceedings are determined—
an application for a variation in the date or rate of payment of money due under a judgment or order;
an application under either rule 39.3(3) or rule 13.4;
a request for an administration order; or
an application for a stay of execution under section 88 of the County Courts Act 1984.
This rule applies where the enforcement agent responsible for the execution of a warrant of control is required by any provision of the Insolvency Act 1986 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 enforcement agent will, as soon as practicable after the sale or the receipt of the money, send notice to the creditor and the court.
Where the enforcement agent responsible for the execution of a warrant— the enforcement agent must send notice to the creditor and the court.
receives notice that—
a bankruptcy order has been made against the debtor; or
if the debtor is a company—
withdraws from possession of goods seized; or
pays over to— 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 official receiver or trustee in bankruptcy; or
if the debtor is a company, the liquidator,
This rule applies if—
any of the following warrants has been issued—
a warrant of control;
any other warrant conferring the power to use the TCG procedure; or
a warrant of delivery; and
the enforcement agent has reason to believe that the debtor is a farmer.
If requested to do so by the court or enforcement agent, the creditor must provide the court or enforcement agent 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.
If the creditor fails to provide the official certificate referred to in paragraph (2) within 7 days of receipt of the request, the court, of its own motion or on the application of the enforcement agent, may order the creditor to provide the certificate.
This rule applies if any of the following warrants has been issued—
a warrant of control;
any other warrant conferring the power to use the TCG procedure; or
a warrant of delivery.
Where a creditor requests the court to withdraw the warrant, subject to the following paragraphs of this rule—
the creditor will be treated as having abandoned the goods; and
the court will mark the warrant as withdrawn by request of the creditor.
Where the request is made in consequence of an application having been made under Part 85, the enforcement power ceases to be exercisable in respect of the goods claimed.
If the court is requested by the creditor to suspend the warrant because of an arrangement with the debtor, the court will mark the warrant as suspended by request of the creditor and the creditor may subsequently apply to the court for it to be re-issued.
Nothing in this rule will prejudice any right of the creditor to apply for the issue of a fresh warrant or will 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.
In this rule “warrant of specific delivery” means a warrant to recover goods without alternative provision for recovery of their value.
Except where an act or rule provides otherwise, a judgment or order for the delivery of any goods will be enforceable by warrant of delivery in accordance with this rule.
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.
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.
Where a warrant of delivery is issued, the creditor will 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.
Where— money paid into court under the warrant will be appropriated first to any sum of money and costs awarded.
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,
This rule applies where—
a warrant of delivery has been issued for the whole or part of a sum of money and costs; and
the warrant does not confer power to use the TCG procedure.
Unless the court orders otherwise, the enforcement agent—
must serve the debtor with a notice warning of the warrant; and
must not levy the warrant until at least 7 days after service of the notice.
Upon levying execution of the warrant, the enforcement agent must leave notice of the warrant at the place where it has been executed.
If the enforcement agent removes the goods, the enforcement agent must deliver or send to the debtor an inventory of the goods removed sufficient for the debtor to identify the goods.
The inventory must be delivered or sent to the debtor within 7 days of the goods being seized by—
delivery to the debtor personally;
sending the inventory by post to the debtor’s place of residence; or
where the debtor’s place of residence is not known, by leaving the inventory for, or sending it to, the debtor at the place from which the goods were removed.
If the enforcement agent fails to supply an inventory in accordance with this rule, the debtor may make an application to the court using the procedure in Part 23, for an order requiring the enforcement agent to do so.
(Regulations 6 and 30 to 33 of the TCG Regulations contain notice and inventory requirements that apply in relation to the use of the TCG procedure.)
Where a warrant of delivery confers the power to use the TCG procedure, this rule applies in relation to the parts of the warrant that do not confer that power.
Subject to paragraph (4), the enforcement agent must send a warning notice to the person against whom the warrant is issued not less than 7 clear days before the enforcement agent executes the warrant.
Where the period referred to in paragraph (2) includes a Sunday, bank holiday, Good Friday or Christmas Day, that day does not count in calculating that period.
The court may order that a specified shorter period of notice be given to the debtor.
The enforcement agent may apply for the order by way of application under Part 23 and may make the application as part of an application under rule 84.4.
Upon executing the warrant, the enforcement agent must give to the debtor or leave for the debtor at the place where the warrant is being executed, notice about the execution.
As soon as reasonably practicable, and in any event within 7 days of execution of the warrant, the enforcement agent must provide the debtor with a written inventory of goods taken with a description of the goods to enable the debtor to identify the goods correctly.
If the enforcement agent fails to provide— the debtor may make an application to the court under Part 23 for an order requiring the enforcement agent to supply the notice or inventory as appropriate.
notice of execution under paragraph (6); or
an inventory under paragraph (7) within 7 days of execution,
A judgment or order for the recovery of land will be enforceable by warrant of possession.
An application for a warrant of possession—
may be made without notice; and
must be made to—
the County Court hearing centre where the judgment or order which it is sought to enforce was made; or
the County Court hearing centre to which the proceedings have since been transferred.
The court may, on an application by a debtor who wishes to oppose an application for a warrant of possession, transfer it to the County Court hearing centre serving the address where the debtor resides or carries on business, or to another court.
Without prejudice to paragraph (7), the person applying for a warrant of possession must file a certificate that the land which is subject of the judgment or order has not been vacated.
When applying for a warrant of possession of a dwelling-house subject to a mortgage, the claimant must certify that notice has been given in accordance with the Dwelling Houses (Execution of Possession Orders by Mortgagees) Regulations 2010.
Where a warrant of possession is issued, the creditor will 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.
In a case to which paragraph (6) applies or where an order for possession has been suspended on terms as to payment of a sum of money by instalments, the creditor must in the request certify—
the amount of money remaining due under the judgment or order; and
that the whole or part of any instalment due remains unpaid.
A warrant of restitution may be issued, with the permission of the court, in aid of any warrant of possession.
An application for permission under paragraph (8) may be made without notice being served on any other party and must be supported by evidence of—
wrongful re-entry into possession following the execution of the warrant of possession; and
such further facts as would, in the High Court, enable the creditor to have a writ of restitution issued.
A warrant of possession to enforce an order for possession in a possession claim against a trespasser under Part 55 (“a warrant of possession against a trespasser”) may be issued at any time after the date on which possession is ordered to be given.
No warrant of possession against a trespasser may be issued after the expiry of 3 months from the date of the order without the permission of the court.
Unless the court otherwise directs, an application for permission under paragraph (11) may be made without notice to any other party.
Nothing in rules 83.23 and 83.26 prejudices any power to enforce a judgment or order for the delivery of goods or the recovery of land by any order of committal.
This rule applies 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.
Unless the court otherwise directs, the judgment or order will be treated as suspended on those terms as respects the whole of the sum of money and costs then remaining unpaid.
Two or more warrants of control may be issued concurrently for execution by two or more different enforcement agents, but—
no more may be levied under all the warrants together than is authorised to be levied under one of them; and
unless the court orders otherwise, the costs of more than one warrant will not be allowed against the debtor.
This Part contains rules in relation to enforcement by taking control of goods using the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007.
In this Part—
“the Act” means the Tribunals Courts and Enforcement Act 2007;
“Schedule 12” means Schedule 12 to the Act;
“creditor” has the meaning given in paragraph 1(6) of Schedule 12;
“co-owner” has the meaning given in paragraph 3(1) of Schedule 12;
“debtor” has the meaning given in paragraph 1(5) of Schedule 12;
“enforcement agent” has the meaning given in paragraph 2(1) of Schedule 12;
“Fees Regulations” means the Taking Control of Goods (Fees) Regulations 2014;
“TCG Regulations” means the Taking Control of Goods Regulations 2013;
“writ of control” and “warrant of control” are to be construed in accordance with section 62(4) of the Act.
This rule sets out where and how applications referred to in this Part must be made.
Applications referred to in this Part must be made in accordance with the procedure in Part 23 as modified by this Part.
Where there are no pre-existing proceedings, an application referred to in this Part must be made to the County Court.
Where there are pre-existing proceedings, the application must be made to the High Court or the County Court in accordance with rule 23.2.
This rule applies where a person seeks an order under regulation 6(3) of the TCG Regulations that a shorter notice period than the minimum period for taking control of goods set out in regulation 6(1) of those Regulations be given to the debtor.
The person may make an application for the order.
The application—
may be made without notice; and
must be accompanied by evidence demonstrating that if the order is not made, it is likely that goods of the debtor will be moved or otherwise disposed of, in order to avoid the enforcement agent taking control of the goods.
An application under regulation 9(4) of the TCG Regulations (application to extend the period in which to take control of goods) must be accompanied by—
a witness statement made by the person making the application that no previous application under regulation 9(4) has been made to extend that period; and
the applicant’s grounds for not taking control of goods of the debtor during the period specified in regulation 9(1).
If— the period of extension will start on the day after the expiry of the period specified in regulation 9(1), or on such later day as the court may order.
the application is made before the expiry of the period specified in regulation 9(1); and
the court orders the period of extension,
If the court orders the period of extension—
the applicant must serve a copy of the extension order on the debtor, and on the creditor, enforcement agent or enforcement officer as appropriate; and
if the goods are to be taken into control by virtue of a warrant or writ of control, or of any other writ or warrant conferring the power to use the procedure in Schedule 12, the court will endorse on the warrant or writ a note of the extension.
An application by the enforcement agent under regulation 13(2)(a) of the TCG Regulations for an order allowing goods to be taken into control during hours prohibited by regulation 13(1) of those Regulations—
may be made without notice; and
must be accompanied by evidence demonstrating that if the order is not made, it is likely that goods of the debtor will be moved or otherwise disposed of, in order to avoid the enforcement agent taking control of the goods.
An application by the enforcement agent under regulation 22(5) of the TCG Regulations for an order allowing the enforcement agent to enter, re-enter or remain on premises at times other than those permitted by regulation 22(2), (3) or (4) of those Regulations-—
may be made without notice; and
must be accompanied by evidence demonstrating that if the order is not made, it is likely that goods of the debtor will be moved or otherwise disposed of, in order to avoid the enforcement agent taking control of the goods.
This rule applies where a person seeks an order under regulation 25(3) of the TCG Regulations that a shorter notice period than the minimum period for re-entering premises set out in regulation 25(1) of those Regulations be given to the debtor.
The person may make an application for the order.
The application—
may be made without notice; and
must be accompanied by evidence demonstrating that if the order is not made, it is likely that goods of the debtor will be moved to be disposed of, in order to avoid the enforcement agent inspecting or removing the goods.
This rule applies to an application by an enforcement agent for—
the issue of a warrant under paragraph 15(1) of Schedule 12;
the issue of a warrant under paragraph 20(2) of Schedule 12 allowing the use of reasonable force to enter premises; or
the inclusion in a warrant power under paragraph 21(2) of Schedule 12 to use reasonable force to enter premises.
Where the application is for the issue of a warrant under paragraph 15(1) of Schedule 12, the enforcement agent must provide the court with sufficient evidence and information to satisfy the court that the conditions in paragraph 15(2) of Schedule 12 are met.
Where the application is for the issue of a warrant under paragraph 20(2) or 21(2) of Schedule 12, the enforcement agent must provide the court with sufficient evidence and information to satisfy the court that the conditions set out in regulation 28(2) of the TCG Regulations have been met.
This rule applies to an application by an enforcement agent for the issue of a warrant under paragraph 31(1) of Schedule 12 allowing the use of reasonable force in relation to goods on the highway.
The enforcement agent must provide the court with sufficient evidence and information to satisfy the court that the conditions set out in regulation 29(2) of the TCG Regulations have been met.
This rule applies to an application by an enforcement agent for an order for sale otherwise than by public auction under paragraph 41(2) of Schedule 12 (“alternative sale application”).
Where the enforcement agent has made a statement to the court under paragraph 41(4) of Schedule 12 (reason to believe that an enforcement power has become exercisable by another creditor against the debtor or co-owner), the alternative sale application must be accompanied by—
a list of the name and address of every other creditor that the enforcement agent has reason to believe has an exercisable enforcement power against the debtor or co-owner and a explanation of why the enforcement agent has such a belief; and
a copy of the notice of application required by paragraph 41(5) of Schedule 12 and proof that the notice has been served on such other creditors not less than 4 days before the day fixed for the hearing of the application.
Every person to whom notice of the application was given may attend and be heard on the hearing of the application.
This rule applies to an application by the enforcement agent under regulation 47(5) of the TCG Regulations for an order for the disposal of goods abandoned by the debtor.
If the enforcement agent applies for an order for disposal by way of donation to a charitable organisation or destruction of goods, the enforcement agent must explain in the application why the enforcement agent does not wish the goods to be made available for a further period of collection.
This rule applies where the debtor wishes to bring proceedings under paragraph 66 of Schedule 12 for—
breach of a provision of Schedule 12; or
enforcement action taken under a defective instrument.
The debtor may bring proceedings by way of an application.
The application must be accompanied by evidence of how—
the provisions of Schedule 12 are alleged to have been breached; or
the instrument is alleged to be defective.
This rule applies to an application by an enforcement agent for exceptional disbursements under regulation 10 of the Fees Regulations.
The application must be accompanied by—
evidence of the creditor’s consent to the application; and
evidence that the disbursements to which the application relate are necessary for effective enforcement of the sum to be recovered, having regard to all the circumstances including—
the amount of the sum to be recovered; and
the nature and value of the goods which have been taken into control, or which it is sought to take into control.
Where the application is made before the goods are taken into control, it may be made without notice.
This rule applies to an application under regulation 15 of the Fees Regulations to determine the amount of the proceeds payable to a co-owner.
The applicant must file with the application—
evidence of the enforcement power;
a copy of the itemised list of goods sold or otherwise disposed of required by regulation 14(1)(a) of the Fees Regulations;
a copy of the statement of the sum received in relation to each item required by regulation 14(1)(b)(i) of the Fees Regulations;
a copy of the statement of the proceeds required by regulation 14(1)(b)(ii) of the Fees Regulations;
a copy of the statement of the application of the proceeds required by regulation 14(1)(b)(iii) of the Fees Regulations;
evidence that the share of proceeds paid to the co-owner was not proportionate to the co-owner’s interest in the goods sold.
The applicant must serve a copy of the application notice in accordance with table 1.
This rule applies where—
there is a dispute about the amount of fees or disbursements, other than exceptional disbursements, recoverable under the Fees Regulations; and
a party wishes the court to assess the amounts recoverable under regulation 16 of the Fees Regulations.
A party may make an application to the court to assess the amounts.
The application must be accompanied by—
evidence of the amount of fees or disbursements in dispute;
evidence that the fees or disbursements in dispute were not applicable, as the debt had been settled before the stage where it would have been necessary to incur those fees or expenses;
evidence that, because the enforcement agent was instructed to use the TCG procedure in relation to the same debtor but in respect of more than one enforcement power where the enforcement powers could reasonably be exercised at the same time, regulation 11 of the Fees Regulations should have been applied;
evidence that the fee due and any disbursements for the enforcement stage, first enforcement stage, or first and second enforcement stage, as appropriate, are not recoverable under regulation 12 of the Fees Regulations; or
where the dispute concerns the amount of the percentage fee, calculated in accordance with regulation 7 of the Fees Regulations, evidence of the amount of the sum to be recovered.
In this Section—
“Certification Regulations” means the Certification of Enforcement Agents Regulations 2014;
“applicant”, “certificate”, “certificated person” and “complainant” have the meanings given in regulation 2 of the Certification Regulations.
This rule applies to an application for the issue of a certificate under section 64 of the 2007 Act.
The application must be made to the County Court Business Centre, using the relevant form prescribed in Practice Direction 4.
The application must specify one of the County Court hearing centres listed in Practice Direction 84 as the centre at which the application is to be heard.
The application must, in addition to the matters specified in rule 23.6, provide evidence that the applicant fulfils the requirements of regulation 3(b) of the Certification Regulations, and in particular—
the application must be accompanied by the documents specified in Practice Direction 84; and
the additional documents specified in Practice Direction 84 must be produced to the court on the day of the hearing.
If any reasons have been submitted to the court in response to the notice of the application required by regulation 4(5) of the Certification Regulations, a copy of those reasons must be sent to the applicant at least 7 days before the hearing, and the applicant may respond both in writing and at the hearing.
The applicant must also file such further evidence as the court may direct.
The applicant must attend for examination on the day of the hearing.
Rules 23.2, 23.4, 23.7, 23.8, 23.9 and 23.10 do not apply to an application to which this rule applies.
Where changes are required to be notified and the certificate produced under regulation 8 of the Certification Regulations, the changes must be notified to, and the certificate produced at, the County Court hearing centre at which the certificate was issued.
Where a certificate is required to be surrendered under regulation 12 of the Certification Regulations, the certificate must be surrendered to the County Court hearing centre at which the certificate was issued.
This rule applies to a complaint under regulation 9(1) of the Certification Regulations.
The complaint must be submitted to the County Court hearing centre at which the certificate was issued, using the relevant form prescribed in Practice Direction 4.
A copy of the complaint must be sent to the applicant at least 14 days before the hearing, and the applicant may respond both in writing and at the hearing.
The complainant is not liable for any costs incurred by the certificated person in responding to the complaint, unless paragraph (5) applies.
The court may order the complainant to pay such costs as it considers reasonable if it is satisfied that the complaint—
discloses no reasonable grounds for considering that the certificated person is not a fit person to hold a certificate; and
amounts to an abuse of the court’s process.
This Part contains rules about claims on controlled goods and executed goods as follows—
Section II sets out the mode of application for claims under this Part;
Section III relates to the procedure for making claims to controlled goods;
Section IV relates to the procedure for making claims against executed goods;
Section V relates to the procedure for a debtor making a claim to exempt goods;
Section VI relates to the powers of the court hearing any application under this Part.
The rules in this Part apply where—
a person makes an application to the court claiming that goods of which control has been taken belong to that person and not to the debtor;
a person makes an application to the court claiming that goods, money or chattels taken or intended to be taken under a writ of execution or the proceeds or value of such goods or chattels belong to that person and not to the debtor; and
a debtor, whose goods have been made subject to an enforcement power under an enactment, writ or warrant of control or have been taken or are intended to be taken under a writ of execution, claims that such goods or any of them are exempt goods.
In this Part—
“the Act” means the Tribunals, Courts and Enforcement Act 2007;
“claim to controlled goods” is a claim made under paragraph 60(1) of Schedule 12;
“a claim to exempt goods” means a claim by a debtor whose goods have been subject to an enforcement power under an enactment, writ or warrant of control or the right to execute conferred by a writ of execution, that such goods are exempt goods;
“claimant to controlled goods” means any person making a claim to controlled goods;
“claimant to executed goods” means any person making a claim to executed goods;
“the court” has the meaning given in paragraph 60(8) of Schedule 12, in respect of a claim to controlled goods;
“debtor’s home court” means the Central Office or District Registry of the High Court or the County Court hearing centre serving the address where the debtor resides or carries on business;
“enforcement agent” has the meaning given in paragraph 2(1) of Schedule 12;
“enforcement officer” means an individual who is authorised to act as an enforcement officer under the Courts Act 2003;
“executed goods” means goods subject to a writ of execution;
“exempt goods” —
in respect of controlled goods has the meaning given in paragraph 3(1) of Schedule 12 and defined in regulations 4 and 5 of the TCG Regulations; and
in respect of executed goods has the meaning given in paragraph 9(3) of Schedule 7 to the Courts Act 2003;
“goods subject to enforcement” refers to either controlled goods or executed goods;
“relevant enforcement officer” means—
in relation to a writ of execution which is directed to a single enforcement officer, that officer; and
in relation to a writ of execution which is directed to two or more enforcement officers, the officer to whom the writ is allocated;
“required payments” has the meaning given in paragraph 60(4) of Schedule 12;
“Schedule 12” means Schedule 12 to the Act;
“TCG Regulations” means the Taking Control of Goods Regulations 2013;
“warrant of control” is to be construed in accordance with section 62(4) of the Act;
“writ of control” is to be construed in accordance with section 62(4) of the Act;
“writ of execution” includes— and any further writ in aid of any such writs, but does not include a writ of control;
a writ of possession;
a writ of delivery;
a writ of sequestration;
writs relating to ecclesiastical property, namely—
the following words or phrases have the meaning given in paragraph 1 of Schedule 12, in respect of a claim to controlled goods—
“creditor”;
“debt”;
“debtor”;
“enforcement power”;
the following words or phrases have the meaning given in paragraph 3(1) of Schedule 12—
“control”;
“controlled goods”;
“co-owner”;
“disposal”;
“interest”;
“money”;
“premises”;
“securities”.
Any claim under this Part must be made by an application in accordance with Part 23.
Any person making a claim under paragraph 60(1) of Schedule 12 must, as soon as practicable but in any event within 7 days of the goods being removed under the exercise of an enforcement power, give notice in writing of their claim to the enforcement agent who has taken control of the goods (“the notice of claim to controlled goods”) and must include in such notice—
their full name and address, and confirmation that such address is their address for service;
a list of all those goods in respect of which they make such a claim; and
the grounds of their claim in respect of each item.
On receipt of a notice of claim to controlled goods which complies with paragraph (1) the enforcement agent must within 3 days give notice of such claim to—
the creditor; and
any other person making a claim to the controlled goods under paragraph (1) (“any other claimant to the controlled goods”);
The creditor, and any other claimant to the controlled goods, must, within 7 days after receiving the notice of claim to controlled goods, give notice in writing to the enforcement agent informing them whether the claim to controlled goods is admitted or disputed in whole or in part.
The enforcement agent must notify the claimant to the controlled goods in writing within 3 days of receiving the notice in paragraph (3) whether the claim to controlled goods is admitted or disputed in whole or in part.
A creditor who gives notice in accordance with paragraph (3) admitting a claim to controlled goods is not liable to the enforcement agent for any fees and expenses incurred by the enforcement agent after receipt of that notice by the enforcement agent.
If an enforcement agent receives a notice from a creditor under paragraph (3) admitting a claim to controlled goods the following applies—
the enforcement power ceases to be exercisable in respect of such controlled goods; and
as soon as reasonably practicable the enforcement agent must make the goods available for collection by the claimant to controlled goods if they have been removed from where they were found.
Where the creditor, or any other claimant to controlled goods to whom a notice of claim to controlled goods was given, fails, within the period mentioned in paragraph (3), to give the required notice, the enforcement agent may seek—
the directions of the court by way of an application; and
an order preventing the bringing of any claim against them for, or in respect of, their having taken control of any of the goods or having failed so to do.
Where a creditor, or any other claimant to controlled goods to whom a notice of claim to controlled goods was given, gives notice under rule 85.4(3) that the claim to controlled goods, or any part of it, is disputed, and wishes to maintain their claim to the controlled goods, the following procedure will apply.
The claimant to controlled goods must make an application which must be supported by—
a witness statement—
specifying any money;
describing any goods claimed; and
setting out the grounds upon which their claim to the controlled goods is based; and
copies of any supporting documents that will assist the court to determine the claim.
In the High Court the claimant to controlled goods must serve the application notice and supporting witness statements and exhibits on—
the creditor;
any other claimant to controlled goods of whom the claimant to controlled goods is aware; and
the enforcement agent.
In the County Court when the application is made the claimant to controlled goods must provide to the court the addresses for service of—
the creditor;
any other claimant to controlled goods of whom the claimant to controlled goods is aware; and
the enforcement agent, (“the respondents”), and the court will serve the application notice and any supporting witness statement and exhibits on the respondents.
An application under paragraph (2) must be made to the court which issued the writ or warrant conferring power to take control of the controlled goods, or, if the power was conferred under an enactment, to the debtor’s home court.
The claimant to controlled goods must make the required payments on issue of the application in accordance with paragraph 60(4)(a) of Schedule 12, unless such claimant seeks a direction from the court that the required payment be a proportion of the value of the goods, in which case they must seek such a direction immediately after issue of the application, on notice to the creditor and to the enforcement agent.
The application notice will be referred to a Master or District Judge.
On receipt of an application for a claim to controlled goods, the Master or District Judge may—
give directions for further evidence from any party;
list a hearing to give directions;
list a hearing of the application;
determine the amount of the required payments, make directions or list a hearing to determine any issue relating to the amount of the required payments or the value of the controlled goods;
stay, or dismiss, the application if the required payments have not been made;
make directions for the retention, sale or disposal of the controlled goods;
give directions for determination of any issue raised by a claim to controlled goods.
A claimant to executed goods must, as soon as practicable but in any event within 7 days of the goods being removed by the enforcement officer, give notice in writing of their claim to the relevant enforcement officer (“the notice of claim to executed goods”) and must include in such notice—
their full name and address, and confirmation that such address is their address for service;
a list of all those goods in respect of which they make such a claim; and
the grounds of their claim in respect of each item.
On receipt of a notice of claim to executed goods which complies with paragraph (1) the enforcement officer must within 3 days give notice of such claim to—
the creditor; and
any other person making a claim to the executed goods under paragraph (1) (“any other claimant to the executed goods”).
The creditor, and any other claimant to executed goods, must, within 7 days after receiving the notice of claim to the executed goods, give notice in writing to the enforcement officer informing them whether the claim to the executed goods is admitted or disputed in whole or in part.
The enforcement officer must notify the claimant to executed goods in writing within 3 days of receiving the notice in paragraph (3) whether the claim to executed goods is admitted or disputed in whole or in part.
A creditor who gives notice in accordance with paragraph (3) admitting a claim to executed goods is not liable to the enforcement officer for any fees and expenses incurred by the enforcement officer after receipt of that notice by the enforcement officer.
If an enforcement officer receives a notice from a creditor under paragraph (3) admitting a claim to executed goods the following applies—
the writ of execution ceases to be exercisable in respect of such executed goods; and
as soon as reasonably practicable the enforcement officer must make the goods available for collection by the claimant to executed goods if the enforcement officer has removed the goods from where they were found.
Where the creditor, or any other claimant to executed goods to whom a notice of claim to executed goods was given, fails, within the period mentioned in paragraph (3), to give the required notice, the enforcement officer may seek—
the directions of the court by way of an application; and
an order preventing the bringing of any claim against them for, or in respect of, the seizure of the executed goods or their having failed so to do.
An application under paragraph (7) must be made to the court which issued the writ of execution.
(Rule 83.3(11) provides that the validity of a writ of execution is automatically extended following an application under paragraph (2) until 12 months from the conclusion of the application proceedings.)
Where a creditor, or any other claimant to executed goods to whom a notice of claim to executed goods was given, gives notice under rule 85.6(3) that the claim to executed goods, or any part of it, is disputed, and wishes to maintain their claim, the following procedure will apply.
The claimant to executed goods must make an application by application notice which must be supported by—
a witness statement—
specifying any money;
describing any goods claimed; and
setting out the grounds upon which the claim to the executed goods is based; and
copies of any supporting documents that will assist the court to determine the claim.
The claimant to executed goods must serve the application notice and supporting witness statements and exhibits on—
the creditor;
any other claimant to the executed goods of whom they are aware; and
the relevant enforcement officer.
An application under paragraph (2) must be made to the court which issued the writ of execution.
The application notice will be referred to a Master or District Judge of a District Registry.
On receipt of an application for a claim to executed goods, the Master or District Judge may—
give directions for further evidence from any party;
list a hearing to give directions;
list a hearing of the application;
make directions for the retention, sale or disposal of the executed goods; and
give directions for determination of any issue raised by a claim to executed goods.
A debtor making a claim to exempt goods must, as soon as practicable and in any event within 7 days of the removal of the goods, give notice in writing of the claim to exempt goods (“notice of claim to exempt goods”) to the enforcement agent who has taken control of the goods or relevant enforcement officer and must include in such notice—
their full name and address and that address is their address for service;
a list of all those goods in respect of which they make such a claim; and
the grounds of the claim in respect of each item.
On receipt of a notice of claim to exempt goods, the enforcement agent or relevant enforcement officer must within 3 days give notice of such claim to—
the creditor; and
any other person making a claim under rule 85.4 or 85.6 to the goods subject to enforcement (“any other claimant to the goods subject to enforcement”).
The creditor, and any other claimant to the goods subject to enforcement, must, within 7 days after receiving the notice of claim to exempt goods, give notice in writing to the enforcement agent or relevant enforcement officer informing them whether the claim to exempt goods is admitted or disputed in whole or in part.
The enforcement agent or relevant enforcement officer must notify the debtor in writing within 3 days of receiving the notice in paragraph (3) whether the claim to exempt goods is admitted or disputed in whole or in part.
A creditor who gives notice in accordance with paragraph (3) admitting a claim to controlled goods or to executed goods is not liable to the enforcement agent or officer for any fees and expenses incurred by the enforcement agent or officer after receipt of that notice by the enforcement agent or officer.
If an enforcement agent or relevant enforcement officer receives a notice from a creditor and from any other claimant to the goods subject to enforcement under paragraph (3) admitting a claim to exempt goods the following applies—
the enforcement power ceases to be exercisable, and the right to execute conferred by any writ of execution ceases to have effect, in respect of such exempt goods;
as soon as reasonably practicable the enforcement agent or relevant enforcement officer must make the goods available for collection by the debtor if the enforcement agent or officer has removed them from where they were found.
Where the creditor, or any other claimant to the goods subject to enforcement to whom notice of claim to exempt goods was given, fails, within the period mentioned in paragraph (3), to give the required notice, the enforcement agent or relevant enforcement officer may seek—
the directions of the court by way of an application; and
an order preventing the bringing of any claim against them for, or in respect of, their having taken control of or seized by execution any of the goods or their having failed to do so.
An application under paragraph (7) must be made to the court which issued the writ or warrant conferring power to take control of controlled goods, or the writ of execution or, if the power to take control of controlled goods was conferred under an enactment, to the County Court hearing centre which is the debtor’s home court.
Where a creditor, or any other claimant to goods subject to enforcement to whom notice of a claim to exempt goods was given, gives notice under rule 85.8 that the claim to exempt goods, or any part of it, is disputed, and wishes to maintain their claim on the goods subject to enforcement, the following procedure will apply.
The debtor must make an application within 7 days of receiving the notice under rule 85.8(3) which must be supported by—
a witness statement—
describing any goods to which a claim to exempt goods is made; and
setting out the grounds upon which such claim is based; and
copies of any supporting documents that will assist the court to determine such claim.
In the High Court the debtor must serve the application notice and supporting witness statements and exhibits on—
the creditor;
any other claimant to the goods subject to enforcement of whom they are aware; and
the enforcement agent or relevant enforcement officer.
In the County Court the debtor must provide to the court when the application is made the addresses for service of— (“the respondents”), and the court will serve the application notice and supporting witness statements and exhibits on the respondents.
the creditor;
any other claimant to controlled goods of whom the debtor is aware; and
the enforcement agent,
An application under paragraph (2) must be made to the court which issued the writ or warrant conferring power to take control of controlled goods or the writ of execution or if the power to take control of controlled goods was conferred under an enactment, to the debtor’s home court.
The application notice will be referred to a Master or District Judge.
On receipt of an application for a claim to exempt goods, the Master or District Judge may—
give directions for further evidence;
list a hearing to give directions;
list a hearing of the application;
make directions for the retention, sale or disposal of the goods subject to the claim to exempt goods;
give directions for determination of any issue raised by the exempt goods claim.
At any hearing of any application under this Part the court may—
determine an application summarily; or
give directions for the determination of any issue raised by such application;
order that any issue between any parties to a claim to goods subject to enforcement be stated and tried, and give all necessary directions for trial;
give directions for the purpose of determining the amount of the required payments or any underpayment of the required payments pursuant to paragraph 60(5) of Schedule 12 and regulation 49 of the TCG Regulations;
summarily determine the amount of the required payments or any underpayment of the required payments pursuant to paragraph 60(5) of Schedule 12 and regulation 49 of the TCG Regulations;
make directions for the retention, sale or disposal of goods subject to enforcement and for the payment of any proceeds of sale; or
make any order that the court considers appropriate.
Where a claimant to goods subject to enforcement or a debtor making a claim to exempt goods does not appear at any hearing listed on the application or, having appeared, fails or refuses to comply with an order made in the proceedings, the court may make an order declaring such claimant, or the debtor, and all persons claiming under them, for ever barred from prosecuting their claim against the creditor or any other claimant to the goods subject to enforcement, but such an order will not affect the rights of any other claimants to the goods subject to enforcement as between themselves.
Where a claimant to goods subject to enforcement alleges that they are entitled, under a bill of sale or otherwise, to the controlled goods or to the executed goods by way of security for debt, the court may order those goods 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.
Nothing in this rule limits the court’s case management powers to make any other directions permissible under these Rules.
Part 39 will, with the necessary modifications, apply to the trial of an issue in an application under this Part as it applies to the trial of a claim.
The court by which an issue is tried may give such judgment or make such order as finally to dispose of all questions arising in the application.
Practice Direction 2B applies to the trial of an issue in an application under this Part.
The court may in or for the purposes of any application under this Part make such order as to costs as it thinks just.
Where a claimant to goods subject to enforcement or a debtor in a claim to exempt goods fails to appear at a hearing, the court may direct that the enforcement agent’s or officer’s costs and creditor’s costs will be assessed by a Master, District Judge, Costs judge or Costs officer.
In a claim to controlled goods a debtor may request the court to assess the costs incurred by an enforcement agent, in which case the court will apply the Taking Control of Goods (Fees) Regulations 2014 to such assessment.
In a claim to executed goods a debtor may request the court to assess the costs incurred by an enforcement officer, in which case the court will apply Schedule 3 of the High Court Enforcement Officers Regulations 2004 to such assessment, save in relation to the costs of execution of writs of sequestration and writs relating to ecclesiastical property.
This Part contains rules which apply where—
a person is under a liability in respect of a debt or in respect of any money, goods or chattels; and
competing claims are made or expected to be made against that person in respect of that debt or money or for those goods or chattels by two or more persons.
In this Part—
“stakeholder” means any person to whom paragraph (1) applies;
“stakeholder application” means an application made under rule 86.2(1).
A stakeholder may make an application to the court for a direction as to whom the stakeholder should—
pay a debt or money; or
give any goods or chattels.
Such application must be made to the court in which an existing claim is pending against the stakeholder, or, if no claim is pending, to the court in which the stakeholder might be sued.
A stakeholder application must be made by Part 8 claim form unless made in an existing claim, in which case it must be made by application notice in accordance with Part 23.
A claim form or application notice under this rule must be supported by a witness statement stating that the stakeholder—
claims no interest in the subject-matter in dispute other than for charges or costs;
does not collude with any of the claimants to that subject-matter; and
is willing to pay or transfer that subject-matter into court or to dispose of it as the court may direct.
The stakeholder must serve the claim form or application notice on all other persons who, so far as they are aware, asserts a claim to the subject matter of the stakeholder application.
A respondent who is served with a claim form or application notice under this rule must within 14 days file at court and serve on the stakeholder a witness statement specifying any money and describing any goods and chattels claimed and setting out the grounds upon which such claim is based.
The claim form or application notice will be referred to a Master or a District Judge.
At any hearing in a stakeholder application, the court may—
order that any stakeholder or any claimant to the subject matter of the application be made a defendant in any claim pending with respect to the subject-matter in dispute;
order that an issue between all parties be stated and tried and may direct which of the parties is to be claimant and which defendant, and give all necessary directions for trial;
determine the stakeholder application summarily;
give directions for the determination of the application summarily or of any issue on the application; or
give directions for the retention, sale or disposal of the subject matter of the application, and for the payment of any proceeds of sale.
Nothing in this rule limits the court’s case management powers to make any other directions permissible under these Rules.
Part 39 will, with the necessary modifications, apply to the trial of a preliminary issue directed to be tried in a stakeholder application as it applies to the trial of a claim.
The court by which an issue is tried may give such judgment or make such order as finally to dispose of all questions arising in the stakeholder application.
The court may in or for the purposes of any stakeholder application make such order as to costs or any other matter as it thinks just.
Where a respondent fails to appear at the hearing, the court may direct that the stakeholder’s costs shall be summarily assessed.
This Part contains rules about applications to the court as follows — (The Family Procedure Rules 2010 contain rules about applications for a writ of habeas corpus for release in relation to a minor.)
Section 2 relates to applications for a writ of habeas corpus for release; and
Section 3 relates to applications for a writ of habeas corpus to give evidence or a writ of habeas corpus to answer a charge.
In Sections 2 and 3— unless otherwise specified.
“judge” means a judge of the High Court; and
“court” means the High Court,
The applicant must make the application by filing—
a claim form under Part 8; and
a witness statement or affidavit.
The witness statement or affidavit must—
state that the application is made at the instance of the person being detained;
set out the nature of the detention; and
subject to paragraph (3), be made by the detained person.
If the detained person is unable to make the witness statement or affidavit, the witness statement or affidavit—
may be made by some other person on behalf of the detained person; and
must state the reason why the detained person is unable to make the witness statement or affidavit.
The claim form must be filed in the Administrative Court.
The application may be made without notice.
In cases of urgency, the judge—
may dispense with the requirement that a claim form must be filed; and
must give directions for the conduct of the application.
A judge may consider an application under rule 87.2 initially on paper.
If an application has not been considered initially on paper, it must be considered—
by a judge sitting in court, unless rule 87.7 applies; or
if no judge is sitting in court, by a judge otherwise than in court.
Where the judge considers the application under rule 87.2 on paper, the judge may—
make an order for the issue of the writ;
adjourn the application to a hearing;
direct that the application be considered by a Divisional Court of the Queen’s Bench Division;
direct that the application continues as an application for permission to apply for judicial review;
give such other directions for resolution of the application as may be appropriate; or
dismiss the application.
Where the judge dismisses a paper application, the applicant may request the decision to be reconsidered at a hearing.
A request under paragraph (2) must be filed within 7 days after service of the order dismissing the application.
The applicant and the respondent must be given at least 2 days’ notice of the hearing date.
Where the judge considers the application under rule 87.2 at a hearing, including a hearing ordered under rule 87.4(1)(b) or a hearing requested under rule 87.4(2), the judge may—
make an order for the issue of the writ;
adjourn the application to a further hearing;
direct that the application be considered by a Divisional Court of the Queen’s Bench Division;
direct that the application continues as an application for permission to apply for judicial review;
give such other directions for resolution of the application as may be appropriate;
dismiss the application; or
order that the detained person must be released.
An order made under rule 87.5(g) is sufficient authorisation for a governor of a prison, police officer or other person to release the detained person.
Any application made on behalf of a protected party must initially be considered by a judge otherwise than in court.
A writ of habeas corpus for release must be in Practice Form No. 89 as set out in Practice Direction 4.
A court or judge issuing a writ of habeas corpus for release must give directions as to the court or judge before whom, and the date on which, the writ is returnable.
Subject to paragraphs (2) and (3), the applicant must serve the writ of habeas corpus for release personally on the respondent.
If it is not practicable to serve the writ personally, or if the respondent is the governor of a prison or other public official, the applicant must serve the writ by leaving it with an employee or agent of the respondent at the place where the detained person is being held.
If there is more than one respondent named in the writ, the original writ must be served according to this rule on the first-named respondent, and copies must be served on the other respondents.
The court must notify all parties–
of the court or judge before whom, and the date on which, the writ is to be returned to the court; and
that in default of obedience, proceedings for committal of the party disobeying may be taken.
The return to a writ of habeas corpus for release must—
be indorsed on or annexed to the writ; and
state all the causes of the detention of the detained person.
The return may be amended, or another return substituted for it, by permission of the court or judge before whom the writ is returnable.
The return must be filed and served upon the applicant in accordance with the directions of the court issuing the writ.
At the hearing of the writ an application may be made—
to discharge or remand the detained person; or
to amend or quash the return.
An application for a writ of habeas corpus to give evidence or a writ of habeas corpus to answer a charge must be made to a judge and be supported by a witness statement or affidavit.
A writ of habeas corpus to give evidence must be in Practice Form No. 91 as set out in Practice Direction 4.
A writ of habeas corpus to answer a charge must be in Practice Form No. 92 as set out in Practice Direction 4.
An application for an order to bring up a prisoner otherwise than by writ of habeas corpus, to give evidence in any criminal or civil proceedings before any court, tribunal or judge, must be–
made to a judge or, in the case of an application for an order under section 57 of the County Courts Act 1984, a judge of the County Court; and
supported by a witness statement or affidavit.
This Part contains rules about—
TEO proceedings in the High Court; and
appeals to the Court of Appeal against an order of the High Court in such proceedings.
In this Part—
“the Act” means the Counter-Terrorism and Security Act 2015;
“closed material” means any relevant material that the Secretary of State objects to disclosing to a relevant party on the grounds that disclosure is contrary to the public interest;
“legal representative” is to be construed in accordance with paragraph 4(4)(b) of Schedule 3 to the Act;
“TEO” means a temporary exclusion order (which has the same meaning as in section 2 of the Act);
“open material” means any relevant material that the Secretary of State does not object to disclosing to a relevant party on the grounds that disclosure is contrary to the public interest;
“relevant material” means the material described in paragraph 3(1)(a) to (c) of Schedule 3 to the Act;
“relevant party” means any party to the proceedings other than the Secretary of State;
“special advocate” means a person appointed under paragraph 10(1) of Schedule 3 to the Act;
“TEO proceedings” has the same meaning as in paragraph 1 of Schedule 3 to the Act;
“TEO subject” means an individual on whom the Secretary of State has imposed, or is proposing to impose, a TEO.
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 or the detection and prevention of crime, or in any other circumstances where disclosure is likely to harm the public interest.
Where any of the rules in this Part applies, the overriding objective in Part 1, and so far as possible any other rule, must be read and given effect in a way which is compatible with the duty set out in paragraph (2).
The court must ensure that information is not disclosed contrary to the public interest.
Subject to paragraph (2), the court must satisfy itself that the material available to it enables it properly to determine proceedings.
This Section contains rules about—
applications under section 3(1)(b) of the Act (application for permission to impose a TEO);
references under paragraph 3(1) of Schedule 2 to the Act (reference of the imposition of measures imposed without permission); and
applications to the High Court under section 11 of the Act (applications to the court to review decisions of the Secretary of State relating to a TEO).
An application under section 3(1)(b) of the Act for permission to impose a TEO must be made by the Secretary of State filing with the court—
a statement of reasons to support the application;
any relevant material of which the Secretary of State is aware at that stage; and
any written submissions.
A reference under paragraph 3(1) of Schedule 2 to the Act of the imposition of a TEO imposed without permission must be made by the Secretary of State filing with the court—
a statement of reasons for imposing the TEO;
any relevant material of which the Secretary of State is aware at that stage; and
any written submissions.
Rules 88.7 to 88.14 apply to a review under section 11 of the Act.
An application to the court to review a decision under section 11 of the Act (“a review application”) must be made pursuant to Part 8, as modified by this Part, and subject to paragraph (2).
The following rules do not apply to a review application—
rule 8.1(3) (court may order claim to continue as if claimant had not used Part 8 procedure);
rule 8.2A (issue of claim form without naming defendants);
rule 8.4 (consequence of not filing an acknowledgment of service);
rule 8.5 (filing and serving written evidence);
rule 8.6 (evidence – general); and
rule 8.8 (defendant objects to use of Part 8).
A review application must be started by a claim form.
The claim form must set out—
the details of the decision which it is sought to review;
details of how the TEO subject is affected by the TEO; and
the grounds on which the TEO subject seeks to review the decision.
The TEO subject must file with the claim form—
a copy of—
the written notice under section 4 of the Act of the imposition of the TEO; or
where relevant, any notice under section 9 of the Act imposing any or all of the permitted conditions; and
any evidence, including witness statements, on which the TEO subject relies at that stage.
When the court issues the claim form it must fix a date for a directions hearing.
Unless the court directs otherwise, the directions hearing will be not less than 14 days but not more than 28 days after the date of issue of the claim form.
The court must—
serve on the Secretary of State and any special advocate (if one has been appointed)—
the claim form; and
the documents specified in rule 88.8(3); and
send to all parties and to any special advocate a notice of the directions hearing date (where such date is not endorsed on the claim form).
Where a special advocate has been appointed, the Secretary of State must serve on that special advocate a copy of the acknowledgment of service filed under rule 8.3.
At the directions hearing the court may give case management directions, in particular—
for the holding of a further hearing to determine the application;
fixing a date, time and place for the further hearing at which the parties, their legal representatives (if any) and any special advocate can be present; and
as to the order in which, and the time within which, the following are to be filed and served—
any response to the application to be filed and served by the Secretary of State under rule 88.13(1), (2) and (4);
any application to be made under rule 88.13(5);
any information to be filed and served by the Secretary of State pursuant to an order under rule 88.13(7);
any evidence to be filed and served by the TEO subject under rule 88.14(1);
any evidence to be filed and served by the Secretary of State under rule 88.14(2);
any application by the Secretary of State under rule 88.13(3), 88.13(8) or 88.14(3); and
any further evidence, including witness statements, written submissions or skeleton arguments, to be filed and served by the parties and any special advocate.
Where the Secretary of State intends to oppose the exercise of any of the court’s powers under section 11(3) or (5) of the Act, the Secretary of State must file with the court—
the grounds for opposing the exercise of those powers; and
any relevant evidence of which the Secretary of State is aware at that stage.
Unless the Secretary of State objects to the grounds and evidence referred to in paragraph (1) being disclosed to the TEO subject and the TEO subject’s legal representative, the Secretary of State must serve a copy of the grounds and evidence on the TEO subject at the same time as filing them.
Where the Secretary of State objects to the grounds and evidence referred to in paragraph (1) being disclosed to the TEO subject and the TEO subject’s legal representative, the Secretary of State must make an application in accordance with rule 88.27.
Where a special advocate has been appointed, the Secretary of State must serve on the special advocate a copy of the grounds and evidence filed under paragraph (1).
The TEO subject and any special advocate may apply to the court for an order directing the Secretary of State to file and serve further information about the Secretary of State’s grounds filed under paragraph (1)(a).
An application under paragraph (5) must set out—
what information is sought; and
why the information sought is necessary for the determination of the review application.
The court may make an order on an application under paragraph (5) where it considers that the information sought—
is necessary for the determination of the review application; and
may be provided without disproportionate cost, time or effort.
Where the Secretary of State objects to serving on the TEO subject and the TEO subject’s legal representative the information sought under paragraph (5), the Secretary of State must make an application in accordance with rule 88.27.
the TEO subject must file and serve that evidence, including any witness statement, on the Secretary of State and any special advocate.
Where the TEO subject wishes to rely on evidence in support of the review application and—
such evidence was not filed with the court with the claim form; or
such evidence was filed with the court with the claim form but the TEO subject wishes to rely on further evidence,
Where the TEO subject serves evidence in support of the application, the Secretary of State must file and serve, subject to paragraph (3), any further evidence, including any witness statement, on the TEO subject and any special advocate.
Where the Secretary of State wishes to withhold disclosure of any closed material from the TEO subject and the TEO subject’s legal representative, the Secretary of State must make an application in accordance with rule 88.27.
The Secretary of State must serve any closed material on the special advocate.
The parties and, where relevant, any special advocate must file and serve any further evidence, including witness statements, written submissions or skeleton arguments, as directed by the court.
Part 52 (appeals) applies to an appeal to the Court of Appeal against an order of the High Court in TEO proceedings subject to—
rule 88.2;
the rules in Section IV of this Part; and
paragraphs (2) and (3) of this rule.
The following rules do not apply to appeals to the Court of Appeal—
rule 52.12(1) (appellant’s notice); and
rule 52.13 (respondent’s notice).
Rule 52.2 (all parties to comply with Practice Directions 52A to 52E) applies, but the parties are not required to comply with paragraphs 3(3), 7.2 and 27 of Practice Direction 52C.
This Section applies to
TEO proceedings in the High Court; and
appeals to the Court of Appeal against an order of the High Court in such proceedings.
Any TEO proceedings must be filed at the Administrative Court Office, Room C315, Royal Courts of Justice, Strand, London WC2A 2LL.
Any appeals to the Court of Appeal against an order of the High Court in TEO proceedings must be filed at the Civil Appeals Office, Room E307, Royal Courts of Justice, Strand, London WC2A 2LL.
The TEO subject or the Secretary of State may apply for an order requiring anonymity for the TEO subject.
An application under paragraph (1) may be made at any time, irrespective of whether any TEO proceedings have been commenced.
An application may be made without notice to the other party.
The reference in this rule to an order requiring anonymity for the TEO subject is to be construed in accordance with paragraph 6(3) of Schedule 3 to the Act.
Unless the court directs otherwise, it must serve notice of the date, time and place fixed for any hearing on—
every party, whether or not entitled to attend that hearing; and
if one has been appointed for the purposes of the hearing, the special advocate or those instructing the special advocate.
The following proceedings must be determined at a hearing—
a review application under section 11 of the Act (review of decisions relating to temporary exclusion orders);
an appeal to the Court of Appeal from a decision or order of the High Court made in the proceedings mentioned in sub-paragraph (a) above; and
a hearing under rule 88.28(2) (consideration of the Secretary of State’s objection or application.
Paragraph (1)(b) does not apply where—
the appeal is withdrawn by the appellant;
the Court of Appeal allows the appeal with consent; or
the Court of Appeal strikes out the appeal.
If the court considers it necessary for any party and that party’s legal representative to be excluded from any hearing or part of a hearing in order to secure that information is not disclosed contrary to the public interest, it must—
direct accordingly; and
conduct the hearing, or that part of it from which that party and that party’s legal representative are excluded, in private but attended by a special advocate to represent the interests of the excluded party.
The court may conduct a hearing or part of a hearing in private for any other good reason.
Subject to paragraph (2), the Secretary of State must immediately give notice of the proceedings to the Attorney General (who, under paragraph 10(1) of Schedule 3 to the Act, has the power to appoint a special advocate), on—
making an application under section 3(1)(b) of the Act (application for permission to impose a TEO);
making a reference under paragraph 3(1) of Schedule 2 to the Act (reference of urgent TEO imposed without permission); or
being served with a copy of any applications, claim or notice of appeal in proceedings to which this Part applies.
Paragraph (1) applies unless—
the Secretary of State does not intend to—
oppose the application, claim or appeal; or
withhold closed material from a relevant party; or
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 88.24 (special advocate: communicating about proceedings).
Where any proceedings to which this Section applies are pending but no special advocate has been appointed, a relevant party or the Secretary of State may request that the Attorney General appoint a special advocate.
The functions of a special advocate are to represent the interests of a relevant party by—
making submissions to the court at any hearing or part of a hearing from which the relevant party and the relevant party’s legal representative are excluded;
adducing evidence and cross-examining witnesses at any such hearing or part of a hearing;
making applications to the court or seeking directions from the court where necessary; and
making written submissions to the court.
The special advocate may communicate with the relevant party or the relevant party’s legal representative at any time before the Secretary of State serves closed material on the special advocate.
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 (6)(b) or with a direction of the court pursuant to a request under paragraph (4).
The special advocate may, without directions from the court, communicate about the proceedings with—
the court;
the Secretary of State or any person acting for the Secretary of State;
the Attorney General or any person acting for the Attorney General; or
any other person, except the relevant party or the relevant party’s legal representative, with whom it is necessary for administrative purposes for the special advocate to communicate about matters not connected with the substance of the proceedings.
The special advocate may request directions from the court authorising the special advocate to communicate with the relevant party or the relevant party’s legal representative or with any other person.
Where the special advocate makes a request for directions under paragraph (4)—
the court must notify the Secretary of State of the request and of the content of the proposed communication and the form in which it is proposed to be made; and
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 the Secretary of State has to the proposed communication or to the form in which it is proposed to be made.
Paragraph (2) does not prohibit the relevant party from communicating with the special advocate after the Secretary of State has served material on the special advocate, but—
the relevant party may only communicate with the special advocate in writing through the relevant party’s legal representative; and
the special advocate must not reply to the communication other than in accordance with directions of the court, except that the special advocate may without such directions send a written acknowledgment of receipt to the relevant party’s legal representative.
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.
Subject to the other rules in this Part, the evidence of a witness may be given either—
orally before the court; or
in writing, in which case it must be given in such manner and at such time as the court directs.
The court may also receive evidence in documentary or any other form.
The court may receive evidence that would not, but for this rule, be admissible in a court of law.
Every party is entitled to adduce evidence and to cross-examine witnesses during any hearing or part of a hearing from which that party and that party’s legal representatives are not excluded.
A special advocate is entitled to adduce evidence and to cross-examine a witness only during a hearing or part of a hearing from which the relevant party and the relevant party’s legal representatives are excluded.
The court may require a witness to give evidence on oath.
The Secretary of State must—
make a reasonable search for relevant material; and
file and serve that material in accordance with the rules in this Part.
The Secretary of State—
must apply to the court for permission to withhold closed material from a relevant party or the relevant party’s legal representative in accordance with this rule; and
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.
The Secretary of State must file with the court and, at such time as the court directs, serve on the special advocate—
the closed material;
a statement of the Secretary of State’s reasons for withholding that material from the relevant party and the relevant party’s legal representatives; and
if the Secretary of State considers it possible to provide a summary of 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.
The Secretary of State may at any time amend or supplement material filed under this rule, but only with—
the agreement of the special advocate; or
the permission of the court.
This rule applies where the Secretary of State has—
objected under rule 88.24(5)(b) (special advocate: communicating about proceedings) to a proposed communication by the special advocate or to the form in which it is proposed to be made; or
applied under rule 88.27 (closed material) for permission to withhold closed material.
The court must fix a hearing for the Secretary of State and the special advocate to make oral representations, unless—
the special advocate gives notice that he or she does not challenge the application or objection;
the court has previously considered— is satisfied that it would be just to give permission or uphold the objection without a hearing; or
an objection under rule 88.24(5)(b) to the same or substantially the same proposed communication; or
an application under rule 88.27(1) for permission to withhold the same or substantially the same material; and
the Secretary of State and the special advocate consent to the court deciding the objection or application without a hearing.
If the special advocate does not challenge the objection or the application, he or she must give notice of that fact to the court and the Secretary of State no later than the end of—
14 days after the date on which ... the Secretary of State serves on the special advocate the notice under rule 88.24(5)(b) or the material under rule 88.27(2); or
such other period as the court may direct.
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 also—
give brief reasons for their contentions in relation to each issue; and
set out any proposals for the court to resolve those issues.
A hearing under this rule shall take place in the absence of the relevant party and the relevant party’s legal representative.
Where the court gives permission to the Secretary of State to withhold sensitive material, the court must—
consider whether to direct the Secretary of State to serve a summary of that material on the relevant party and the relevant party’s legal representative; but
ensure that any such summary does not contain material the disclosure of which would be contrary to the public interest.
Where the court has not given permission to the Secretary of State to withhold sensitive material from, or has directed the Secretary of State to serve a summary of that material on, the relevant party and the relevant party’s legal representative—
the Secretary of State shall not be required to serve that material or summary; but
if the Secretary of State does not do so, at a hearing on notice the court may—
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 is withdrawn from its consideration or that the Secretary of State makes such concessions or takes such other steps as the court may direct; and
in any other case, direct that the Secretary of State must not rely in the proceedings on that material or (as the case may be) on what is required to be summarised.
The court must give permission to the Secretary of State to withhold sensitive material where it considers that disclosure of that material would be contrary to the public interest.
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— (Rules 88.27 and 88.28 will apply where any closed material is filed by the Secretary of State.)
the Secretary of State must file with the court any relevant material of which the Secretary of State is aware;
the Secretary of State must serve on— any open material;
the relevant party or the relevant party’s legal representative; and
the special advocate (as soon as one is appointed) or those instructing the special advocate,
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 the special advocate any written evidence which the relevant party wishes the court to take into account at the hearing;
the Secretary of State must file with the court any further relevant material;
the Secretary of State must serve on— any open material filed with the court under sub-paragraph (d);
the relevant party or the relevant party’s legal representative; and
the special advocate (as soon as one is appointed) or those instructing the special advocate,
the Secretary of State must serve on the special advocate (if one has been appointed) any closed material;
the parties and the special advocate (if one has been appointed) must file and serve any written submissions as directed by the court.
Where a party or the special advocate fails to comply with a direction of the court, the court may serve on that person a notice which states—
the respect in which that person has failed to comply with the direction;
a time limit for complying with the direction; and
that the court may proceed to determine the proceedings before it on the material before it if that person fails to comply with the direction within that time limit.
Where a party or the special advocate fails to comply with the direction after such a notice, the court may proceed in accordance with paragraph (1)(c).
Where the court gives judgment in any proceedings to which this Part applies, it may withhold any, or any part, of its reasons if and to the extent that it is not possible to give those reasons without disclosing information contrary to the public interest.
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 giving those reasons.
then before the court serves any such notice or judgment on the relevant party, it must first serve notice on the Secretary of State of its intention to do so. would cause information to be disclosed contrary to the public interest.
If the court proposes, in any proceedings to which this Part applies, to serve on a relevant party—
notice of any order or direction made or given in the absence of the Secretary of State; or
any written judgment;
The Secretary of State may, within 5 days of being served with notice under paragraph (1), apply to the court to reconsider the terms of the order or direction or to review the terms of the proposed judgment if the Secretary of State considers that—
the Secretary of State’s compliance with the order or direction; or
the notification to the relevant party of any matter contained in the judgment, order or direction,
Where the Secretary of State makes an application under paragraph (2), the Secretary of State must at the same time serve on the special advocate (if one has been appointed)—
a copy of the application; and
a copy of the notice served on the Secretary of State pursuant to paragraph (1).
Rule 88.28 (consideration of Secretary of State’s objection or application), except for paragraphs (6) and (7) of that rule, applies where a special advocate has been appointed and with any necessary modifications to the consideration of an application under paragraph (2) of this rule.
The court must not serve notice or a written judgment on the relevant party as mentioned in paragraph (1) before the time for the Secretary of State or relevant person to make an application under paragraph (2) has expired.
Unless the court otherwise directs, rule 5.4 (Register of Claims), rule 5.4B (supply of documents from court records – a party) and rule 5.4C (supply of court documents – a non-party) do not apply to any proceedings to which this Part applies.
In this Part—
“the 1971 Act” means the Attachment of Earnings Act 1971 and unless the context otherwise requires or this Part otherwise provides, expressions used in that Act have the same meanings as in that Act;
“creditor” means the person who has obtained or is entitled to enforce a judgment or order;
“debtor” means the person against whom a judgment or order was given or made;
“debtor’s employer” means any person appearing to be the debtor’s employer;
“debtor’s home court” means the County Court hearing centre for the district in which the debtor resides or carries on business.
If requested to do so by any person having a judgment or order against a debtor, the court officer must –
cause a search to be made in the court records to determine whether there is an attachment of earnings order in force in relation to that debtor; and issue a certificate of the result of the search.
An application to the County Court for an attachment of earnings order must be made to the County Court Money Claims Centre.
An application for an attachment of earnings order must include a certificate of the amount of money remaining due under the judgment or order and that the whole or part of any instalment due remains unpaid.
Where an attachment of earnings order is sought to enforce an order of a magistrates’ court, the applicant must also file with the application—
a certified copy of the order; and
a witness statement verifying the amount due under the order or, if payments under the order are required to be made to the designated officer for the magistrates’ court, a certificate by that designated officer to the same effect.
Notice of the application together with Form N56 (“the reply form”), must be served on the debtor by the court.
The notice of application must include an instruction to the debtor to complete and file the reply form within 8 days after service, and that instruction constitutes a requirement under section 14(4) of the 1971 Act.
Within 8 days after service of the documents listed in paragraph (1), the debtor must file a completed reply form.
On receipt of a reply from the debtor, the court officer must send a copy of the reply to the creditor.
No proceedings may be brought for an alleged offence under section 23(2)(c) or (f) of the 1971 Act in relation to the requirement to reply, unless—
the notice of application and reply form have been served personally on the debtor; or
the court is satisfied that the notice and reply form came to the debtor’s knowledge in sufficient time for the debtor to comply with the requirement; and
by the end of the time for filing the reply, the debtor has not paid to the creditor the money remaining due under the judgment or order.
If the debtor pays the money remaining due under the judgment or order, the creditor must inform the court officer that the payment has been made.
Without prejudice to the power conferred by section 14(1) of the 1971 Act, the court officer may at any stage of the proceedings, send to the debtor’s employer a notice requesting them to give to the court a statement of the debtor’s earnings.
The statement of debtor’s earnings must—
state the debtor’s earnings;
state the debtor’s anticipated earnings;
include such particulars as requested in the notice from the court; and
be given to the court within such period as is specified in the notice.
If the court officer— the court officer may make such an order.
receives the debtor’s reply form; and
has sufficient information to make an attachment of earnings order,
The court must send a copy of any attachment of earnings order made to the parties and to the debtor’s employer.
Where an order is made under paragraph (1), the creditor or the debtor may, within 14 days of service of the order and giving reasons, apply on notice for the order to be re-considered.
Following receipt of an application in accordance with paragraph (3), the court officer must transfer the application to the debtor’s home court for the hearing of the application.
The creditor and the debtor must be given not less than 2 days’ notice of any hearing fixed pursuant to paragraph (4).
On hearing an application under paragraph (3), the District Judge may confirm the order or set it aside and make such new order as the District Judge thinks fit.
Where an order is not made under paragraph (1), the court officer must refer the application to the District Judge who may—
determine the application without a hearing; or
transfer the application to the debtor’s home court for hearing.
The creditor and the debtor must be given not less than 8 days’ notice of any hearing fixed pursuant to paragraph (7)(b).
Where an order is made under paragraph (7)(a), the creditor or the debtor may, within 14 days of service of the order and giving reasons, apply on notice for the order to be re-considered.
Following receipt of a notice in accordance with paragraph (9), the court officer must transfer the application to the debtor’s home court for hearing.
The creditor and the debtor must be given not less than 2 days’ notice of any hearing fixed pursuant to paragraph (10).
On hearing an application under paragraph (10), the District Judge may confirm the order or set it aside and make such new order as the District Judge thinks fit.
If the creditor does not appear at the hearing of the application under paragraph (7)(b) the court may proceed to hear the application and to make an order in the creditor’s absence if—
the court has received a witness statement from the creditor; or
the creditor requests the court in writing to proceed in any event.
No attachment of earnings order may be made to secure the payment of a judgment debt if—
the debt is of less than £50; or
the amount remaining payable under a judgment is less than £50.
In this rule, “statement of means” means a statement given under section 14(1) of the 1971 Act.
If the debtor has failed to comply with rule 89.5(3) or to make payment to the creditor, the court officer may issue an order under section 14(1) of the 1971 Act which must, in addition to meeting the requirements of rule 89.16(1), direct that any payments made thereafter must be paid into the court and not direct to the creditor.
If the person served with an order made under paragraph (2) fails— the court officer must transfer the application to the debtor’s home court.
to obey the order;
to file a statement of means; or
to make payment,
Upon receipt of an application transferred under paragraph (3), the court officer must issue a notice calling on the debtor to show good reason why they should not be imprisoned.
Any notice under paragraph (4) must be served on the debtor personally not less than 5 days before the hearing.
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 court making the committal order may also order that its execution will be suspended for such period or on such terms or conditions as it may specify.
Unless the court otherwise directs, the creditor must serve on the debtor a copy of any order made under paragraph (1).
Where a committal order is suspended under paragraph (1) and the debtor fails to attend at the time and place specified in the committal order, a certificate to that effect given by the court officer is sufficient authority for the issue of a warrant of committal.
If execution of a committal order is suspended under paragraph (1), the debtor may apply for a further suspension.
The debtor may apply for a further suspension by attending at, or writing to, the court office and explaining why they have been unable to comply with the terms of the original suspension.
If the debtor applies for a further suspension in accordance with paragraph (5), the court must—
fix a date for the hearing of the application by the judge; and
give the debtor and creditor at least 3 days’ notice of the hearing.
The District Judge may suspend execution of the committal order pending the hearing of the application under paragraph (5).
Where costs are allowed to the creditor on an application for an attachment of earnings order, there may be allowed—
a charge of a legal representative for attending the hearing and, if the court so directs, for serving the application; and
the court fee on the issue of the application.
For the purpose of paragraph (1)(a) a legal representative who has prepared on behalf of the creditor a witness statement or request under rule 89.7(13) is treated as having attended the hearing.
The costs may be fixed and allowed without detailed assessment under Part 47.
An attachment of earnings order must contain such of the following information about the debtor as is known to the court— and that information will be the prescribed particulars for the purposes of section 6(3) of the 1971 Act.
the debtor’s full name and address;
the debtor’s place of work; and
the nature of the debtor’s work and the debtor’s works number, if any,
An attachment of earnings order and any order varying or discharging such an order must be served on the parties and the debtor’s employer.
Where— service may be effected on the corporation at that address, if the District Judge thinks fit.
the order is directed to a corporation; and
that corporation has requested that the court serve on the corporation documents relating to the debtor or to the class of persons to whom they belong at a particular address,
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 must 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 designated officer for the magistrates’ court.
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 must be made to the debtor’s home court.
Upon receipt of an application under paragraph (1), the court officer must—
fix a date and time for the hearing of the application; and
give notice of the hearing to the persons mentioned in section 16(2)(a), (b) and (c) of the 1971 Act.
Where an attachment of earnings order ceases to have effect under section 8(4) of the 1971 Act, the court officer of the court or centre in which the matter is proceeding must give notice to the person to whom the order was directed that the order has ceased to have effect.
Subject to paragraph (11), the powers conferred by section 9(1) of the 1971 Act may be exercised by the court of its own initiative in the circumstances mentioned in the following paragraphs.
Where it appears to the court that a person served with an attachment of earnings order directed to that person does not have the debtor in their employment, the court may discharge the order.
Where an attachment of earnings order which has lapsed under section 9(4) of the 1971 Act is again directed to a person who appears to the court to have the debtor in their employment, the court may make such consequential variations in the order as it thinks fit.
Paragraph (5) applies where—
the court makes an attachment of earnings order (“the first order”); and
the court makes or is notified of the making of another attachment of earnings order (“the second order”)—
which is against the same debtor; and
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 order, having regard to the priority accorded to the second order by paragraph 8 of Schedule 3 of the 1971 Act.
Paragraph (7) applies where the court makes an attachment of earnings order and then makes—
an administration order; or
an order under section 4(1)(b) of the 1971 Act.
The court may—
discharge the attachment of earnings order; or
if it exercised the power conferred by section 5(3) of the 1971 Act, vary the order as it thinks fit.
On making a consolidated attachment order the court may discharge any earlier attachment of earnings order made to secure the payment of a judgment debt by the same debtor.
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.
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.
Before varying or discharging an attachment of earnings order of its own initiative under this rule, the court must, 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 transfer the application to the debtor’s home court.
Upon transfer of the application under paragraph (11) the court officer must give the debtor and the person on whose application the order was made notice of the date, time and place fixed for the hearing.
This rule applies where the question of making a consolidated attachment order is being considered at one County Court hearing centre, but the relevant attachment of earnings order was originally made at another County Court hearing centre, or was made at the County Court Money Claims Centre.
The court officer may transfer the attachment proceedings in which the attachment of earnings order was made to the County Court hearing centre where the question of making a consolidated attachment order is being considered.
Without prejudice to paragraph (2), the Judge or District Judge may transfer the attachment proceedings to a different County Court hearing centre if that judge considered that the attachment proceedings could more conveniently proceed at that different centre.
An order under section 14(1) of the 1971 Act must—
be indorsed with or incorporate a notice warning the person to whom it is directed of the consequences of disobedience to the order; and
be served on them personally.
Rule 81.36 applies, with the necessary modifications, in relation to any penalty for failure to comply with an order under the section 14(1) of the 1971 Act as it applies in relation to a fine under section 55 of the County Courts Act 1981.
Paragraph (2) applies 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, the County Court; and
the alleged offender is not being proceeded against summarily.
The District Judge may issue a notice to the alleged offender to show cause why that alleged offender should not be punished for the alleged offence.
The notice must be served on the alleged offender personally not less than 14 days before the hearing.
Rules 81.37 and 81.38 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.
Subject to the provisions of rules 89.19 to 89.21, the court may make a consolidated attachment order where—
two or more attachment of earnings orders are in force to secure the payment of judgment debts by the same debtor; or
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.
In this rule, “a party affected by the application” means—
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;
where the application is made by the 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.
An application for a consolidated attachment order may be made—
by the debtor in respect of whom the order is sought; or
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.
An application under paragraph (2) may be made in the proceedings in which any attachment of earnings order is in force and rules 89.3, 89.4 and 89.5 do not apply.
Where an attachment of earnings order has been made—
at the County Court Money Claims Centre an application under paragraph (2) must be made to the debtor’s home court;
at a County Court hearing centre, an application under paragraph (2) must be made to that hearing centre.
An application under paragraph (2)(b) must—
include a certificate as to the amount of money remaining due under the judgment or order and that the whole or part of any instalment due remains unpaid; and
be supported by a statement of truth.
Where an application for a consolidated attachment order is made, the court officer must—
notify any party who may be affected by the application of its terms; and
require them to notify the court in writing, within 14 days of service of notification upon them, giving their reasons for any objection they may have to the granting of the application.
If notice of any objection is not given within the time stated, the court officer must make a consolidated attachment order.
If any party objects to the making of a consolidated attachment order, the court officer must refer the application to the District Judge who may grant the application after considering the objection made and the reasons given.
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.
On receipt by the court of a request under paragraph (9), paragraphs (1) and (6) to (8) apply, with the necessary modifications, as if the request were an application by the creditor.
Where— the court officer may make such an order of that officer’s own initiative after giving all persons concerned an opportunity of submitting written objections.
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,
This rule applies where—
a consolidated attachment order is in force to secure the payment of two or more judgment debts (“the original debts”); and
a further judgment debt (“the additional debt”) is owed by the same debtor.
The creditor of the additional debt may apply for the consolidated attachment order to be extended so as to secure the payment of the additional debt as well as the original debts.
If the application to extend the consolidated attachment order is granted, the court may—
vary the order accordingly; or
discharge the order and make a new consolidated attachment order to secure payment of all the judgment debts.
An application under this rule must be made to the court that made the consolidated attachment order and is treated for the purposes of rules 89.19 and 89.20 as an application for a consolidated attachment order.
If a court officer receives payment in compliance with a consolidated attachment order, the court officer must—
first deduct any court fees due in respect of proceedings for or arising out of the order that are permitted to be deducted; and
then divide the remainder of the payment to satisfy the relevant judgments falling within the ambit of the consolidated attachment order, in proportion with the amounts payable under each judgment.
For the purpose of satisfying those relevant judgments, dividends may from time to time be declared and distributed among the creditors so entitled.
Rule 50(3)
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No recognizance acknowledged in or removed into the Queen’s Bench Division shall be estreated without the order of a judge.
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 ...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.
When it issues the claim form the court will fix a date for the hearing of the application.
A claim form under this rule must be served at least 2 clear days before the day named therein for the hearing.
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.
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.
Subject to the provisions of this rule, every application to the High Court in respect of bail in any criminal proceeding—
where the defendant is in custody, must be made by claim form to a judge ... to show cause why the defendant should not be granted bail;
where the defendant has been admitted to bail, must be made by claim form to a judge ... to show cause why the variation in the arrangements for bail proposed by the applicant should not be made.
Subject to paragraph (5), the claim form (in Form No. 97 or 97A in Practice Direction 4) must, at least 24 hours before the day named therein for the hearing, be served—
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;
where the application was made by the prosecutor or a constable under section 3 (8) of the Bail Act 1976, on the defendant.
Subject to paragraph (5), every application must be supported by witness statement or affidavit.
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 court stating his desire to apply for bail and requesting that the official solicitor shall act for him in the application, and the court may assign the official solicitor to act for the applicant accordingly.
Where the official solicitor has been so assigned the court may dispense with the requirements of paragraphs (1) to (3) and deal with the application in a summary manner.
Where the court grants the defendant bail, the order must be in Form No. 98 in Practice Direction 4 and a copy of the order shall be transmitted forthwith—
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;
in any other case, to the designated officer for the court which committed the defendant.
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.
Where under section 3 (5) or (6) of the Bail Act 1976 the court imposes a requirement to be complied with before a person’s release on bail, it may give directions as to the manner in which and the person or persons before whom the requirement may be complied with.
A person who in pursuance of an order for the grant of bail made by the court under this rule proposes to enter into a recognizance or give security must, unless the court otherwise directs, give notice (in Form No. 100 in Practice Direction 4) to the prosecutor at least 24 hours before he enters into the recognizance or complies with the requirements as aforesaid.
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— 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.
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;
in any other case, to the designated officer for the court which committed the defendant
An order ... varying the arrangements under which the defendant has been granted bail shall be in Form 98A in Practice Direction 4 and a copy of the order shall be transmitted forthwith—
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;
in any other case, to the designated officer for the court which committed the defendant.
Where in pursuance of an order of the 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 the Supreme Court or an application for a quashing order, then, upon the abandonment of the appeal or application, or upon the decision of the High Court or the Supreme Court 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 the Supreme Court.
If an applicant to the High Court in any criminal proceedings is refused bail ..., the applicant shall not be entitled to make a fresh application for bail to any other judge or to a Divisional Court.
The record required by section 5 of the Bail Act 1976 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 Practice Direction 4, 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.
In the case of a person whose return or surrender is sought under the Extradition Act 1989, 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.
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Any of the following applications, that is to say— must be made to a Divisional Court except in vacation when it may be made to a judge ...
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 Supreme Court under section 1 of that Act, or section 13 thereof, from an order or decision of that Court, and
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 Supreme Court under section 1 of that Act from a decision of that Court
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 ....
Any such application to a judge ... 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.
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.
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.
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.
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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.
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.
Where, in the case of an appeal under section 13 of the Administration of Justice Act 1960, to a Divisional Court or to the Supreme Court 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 Supreme Court, 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.
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.
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 Supreme Court 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 Supreme Court 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.
An application for the release of a person under paragraph (1) pending an appeal to the Court of Appeal or the Supreme Court 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.
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.
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 Practice Direction 4 with the necessary adaptations.
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 designated 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.
The powers conferred on the Court of Appeal by paragraphs (1), (3) and (4) of this rule may be exercised by a single judge.
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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.
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.
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 ....
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.
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.
The application shall be supported by a witness statement or affidavit giving full particulars of the following matters—
the grounds for believing that the defendant has died or absconded;
the date or approximate date on which the defendant died or absconded;
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;
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
where the defendant is alleged to have absconded, the steps taken to contact him.
The prosecutor’s statement under section 11 shall be exhibited to the witness statement or affidavit and shall include the following particulars—
the name of the defendant;
the name of the person by whom the statement is given;
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.
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.
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—
the defendant (or on the personal representatives of a deceased defendant);
any person who the prosecutor reasonably believes is likely to be affected by the making of a confiscation order; and
the receiver, where one has been appointed in the matter.
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.
An application under paragraph (1) shall be supported by a witness statement or affidavit, which shall—
give the grounds for the application; and
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.
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.
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.
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.
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.
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 specified in CPR rule 73.7(7)(e) to (g) as shall be appropriate.
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.
The application 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 application.
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.
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.
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—
to vary such order, or
for a restraint order or a charging order in respect of other realisable property, or
for the appointment of a receiver.
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.
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 application.
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.
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
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:—
the defendant,
any person holding any interest in the realisable property to which the application relates, and
the receiver, where one has been appointed in the matter.
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.
The Court may, on an application under section 29—
exercise the power conferred by section 30 (2) to direct the making of payments by a receiver;
give directions in respect of the property interests to which the application relates; and
make declarations in respect of those interests.
Subject to the provisions of this rule, the provisions of CPR Part 69 shall apply where a receiver is appointed in pursuance of a charging order or under sections 26 or 29.
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.
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.
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:—
the defendant, and
any other person who held property realised by the receiver.
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.
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).
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).
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.
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.
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).
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.
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.
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.
Notice shall also be served on any receiver appointed in pursuance of a charging order or under section 26 or 29.
An application for an order under section 22 shall be supported by a witness statement or affidavit giving details of—
the confiscation order made under section 19 (4);
the acquittal of the defendant;
the realisable property held by the defendant; and
the loss suffered by the applicant as a result of the confiscation order.
An application for an order under section 23 shall be supported by a witness statement or affidavit giving details of—
the confiscation order made under section 19 (4);
the date on which the defendant ceased to be an absconder;
the date on which proceedings against the defendant were instituted and a summary of the steps taken in the proceedings since then; and
any indication given by the prosecutor that he does not intend to proceed against the defendant.
An application made under section 21 shall be supported by a witness statement or affidavit giving details of—
the confiscation order made under section 19(4);
the circumstances in which the defendant ceased to be an absconder; and
the amounts referred to in section 21 (2).
Where an application is made for an order under section 23 (3) or 24 (2)(b), the witness statement or affidavit shall also include—
details of the realisable property to which the application relates; and
details of the loss suffered by the applicant as a result of the confiscation order.
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.
The powers conferred on the High Court by sections 37 and 40 may be exercised by a judge or a master of the Queen’s Bench Division.
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.
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—
exhibiting the order or a certified copy thereof, and
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.
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—
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
stating—
that the order is in force and is not subject to appeal,
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,
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
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.
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.
There will be kept in the Central Office at the Royal Courts of Justice in London under the direction of the Master of the Administrative Court a register of the orders registered under the Act.
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 the registration of an order must be served on the person against whom it was obtained by delivering it to that person personally or by sending it to that person’s usual or last known address or place of business or in such other manner as the Court may direct.
Permission is not required to serve such a notice out of the jurisdication and CPR rules 6.40, 6.42 and 6.46 apply in relation to such notice as they apply in relation to a claim form.
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.
If an application is made under rule 18, an order shall not be enforced until after such application is determined.
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 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.
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, 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.
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.
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.
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,—
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;
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;
rule 3 (2) shall have effect as if the following sub-paragraphs were substituted for sub-paragraphs (a) and (b)—
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;
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;
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”;
rule 8 shall have effect as if the following paragraph were added at the end—
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.;
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.
In this Part of this Order—
“the Act” means Terrorism Act 2000;
“Schedule 4” means Schedule 4 to the Act; ...
“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 any proceedings for such an offence; ...
“domestic freezing order certificate” means a certificate made by the High Court under paragraph 11B of Schedule 4 in relation to property in a country other than the United Kingdom;
“overseas freezing order” means an order made in accordance with paragraph 11D of Schedule 4 in relation to property in the United Kingdom;
“British Islands order” means a Scottish order, a Northern Ireland order or an Islands order as defined in paragraph 12 of Schedule 4; and
other expressions used have the same meanings as they have in Schedule 4 to the Act.
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 ...
The jurisdiction conferred on the High Court by paragraph 13 of Schedule 4 may also be exercised by a master of the Queen’s Bench Division.
An application for a restraint order and, where relevant, a domestic freezing order certificate under paragraphs 5 and 11B of Schedule 4 may be made by the prosecutor by a claim form, which need not be served on any person.
An application under paragraph (1) shall be supported by a witness statement or affidavit, which shall:—
state, as the case may be, either— and in either case give details of the alleged or suspected offence and of the defendant’s involvement;
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
that a criminal investigation has been started in England and Wales with regard to such an offence,
where 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;
where proceedings have not been instituted—
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;
state the grounds for believing that a forfeiture order may be made in any proceedings against the defendant; and
verify that the prosecutor is to have the conduct of any such proceedings;
to the best of the witness’s ability, give full particulars of the property in respect of which the restraint order and, where relevant, the domestic freezing order certificate is sought and specify the person or persons holding such property and any other persons having an interest in it.
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An applicant who seeks a domestic freezing order certificate must—
prepare a draft of the certificate in accordance with paragraph 11B of Schedule 4; and
attach it to the application for the restraint order under paragraph (1).
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.
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.
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.
Unless the court otherwise directs, a restraint order made without notice of the 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.
Where a restraint order is made the prosecutor shall serve copies of the order and , 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.
Where a domestic freezing order certificate is made it must be served with the copies of the restraint order as provided for in paragraph (3).
Subject to paragraph (2), an application to discharge or vary a restraint order shall be made in accordance with CPR Part 23.
Where the case is one of urgency, an application under this rule by the prosecutor may be made without notice.
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)— not less than two clear days before the date fixed for the hearing of the application.
the prosecutor;
the defendant; and
all other persons restrained or otherwise affected by the restraint order;
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.
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.
A reference in this rule to a restraint order also applies, where relevant, to a domestic freezing order certificate.
Where an order is made under paragraph (5) which discharges or varies a domestic freezing order certificate the applicant must notify the court or authority in accordance with paragraph 11C of Schedule 4.
An application for an order under paragraph 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 the 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.
An application for registration of a British Islands order under paragraph 13(4) of Schedule 4 must be made in accordance with CPR Part 23 and may be made without notice.
An application for registration of a British Islands order must be supported by a witness statement or affidavit—
exhibiting the order or a certified copy thereof, and
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.
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.
There will be kept in the Central Office at the Royal Courts of Justice in London under the direction of the Master of the Administrative Court a register of the orders registered under the Act.
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 the registration of a British Islands 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.
Permission is not required to serve such a notice out of the jurisdication and CPR rules 6.40, 6.42 and 6.46 apply in relation to such notice as they apply in relation to a claim form.
An application to vary or cancel the registration of a British Islands 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.
If an application is made under rule 34, an order shall not be enforced until after such application is determined.
This rule does not apply to the taking of steps under paragraph 7 or 8 of Schedule 4, as applied by paragraph 13(6) of that Schedule.
If effect has been given (whether in England or Wales or elsewhere) to a British 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—
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;
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.
Save in exceptional circumstances the court will consider an overseas freezing order the next business day after receipt of a copy of that order from the Secretary of State.
In any event the court will consider the order within 5 business days of receipt of it.
The court will not make an order giving effect to an overseas freezing order unless it is satisfied that the Director of Public Prosecutions has had the opportunity to make representations to the court in writing or at a hearing.
‘Business day’ has the same meaning as in CPR rule 6.2.
Where the court makes an order to give effect to an overseas freezing order the court will register that order in accordance with rule 32.
Where the court gives effect to an overseas freezing order it will order the Director of Public Prosecutions to serve notice of registration of the order on any persons affected by it.
An application under paragraph 11G(4) of Schedule 4 by the Director of Public Prosecutions or any person affected by an overseas freezing order must be made to the court in accordance with CPR Part 23.
In this Part of this Order—
“the Act” means the International Criminal Court Act 2001;
“the ICC” means the International Criminal Court;
“an order of the ICC” means—
a fine or forfeiture ordered by the ICC; or
an order by the ICC against a person convicted by the ICC specifying a reparation to, or in respect of, a victim.
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.
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.
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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 the County Court, that provision shall have effect with the necessary modifications and in particular—
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
any reference in that provision to an office of the Senior Courts having the conduct of the business of a division or court or a district registry shall be construed as a reference to the office of a County Court hearing centre.
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In this Order—
“judgment creditor” means the person who has obtained or is entitled to enforce a judgment or order; and
“debtor” means the person against whom a judgment or order was given or made.
An application for the issue of a judgment summons may be made to the County Court hearing centre which serves the address where 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 County Court hearing centre which serves the address where any of the debtors resides or carries on business.
The judgment creditor shall make the 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.
The judgment creditor must file with the request all written evidence on which the judgment creditor intends to rely.
This rule applies where the name or address of the judgment creditor or debtor as given in the request for the issue of a judgment summons differs from that person’s name or address in the judgment or order sought to be enforced.
If the judgment creditor files a witness statement that 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 will be described in the judgment summons as “CD of [name and address as given in the request] suing [or sued] as AD of [name and address in the judgment or order]”.
Subject to paragraph (2), a judgment summons shall be served personally on every debtor against whom it is issued.
Where the judgment creditor or the judgment creditor’s solicitor gives a certificate for postal service in respect of a debtor residing or carrying on business at an address which is served by the County Court hearing centre, the judgment summons will, unless the District Judge otherwise directs, be served on that debtor by ... the court sending it to the debtor 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 is deemed to be the seventh day after the date on which the judgment summons was sent to the debtor.
Where a judgment summons has been served on a debtor in accordance with paragraph (2), no order of commitment shall be made against the debtor unless—
the debtor appears at the hearing; or
it is made under section 110(2) of the Act.
The written evidence on which the judgment creditor intends to rely must be served with the judgment summons.
The judgment summons and written evidence must be served not less than 14 days before the day fixed for the hearing.
A notice of non-service will be sent pursuant to CPR rule 6.18 in respect of a judgment summons which has been sent by post under rule 2 (2) and has been returned to the court ... undelivered.
CPR rules 7.5 and 7.6 ... apply, with the necessary modifications, to a judgment summons as they apply to a claim form.
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 for the attendance of the debtor at an adjourned hearing of an application for an attachment of earnings order.
An order made under section 110(1) of the Act must be served personally on the judgment debtor.
Copies of— must be served with the order.
the judgment summons; and
the written evidence,
At the time of service of the order there shall be paid or tendered to the debtor a sum reasonably sufficient to cover the debtor’s expenses in travelling to and from the court, unless such a sum was paid ... at the time of service of the judgment summons.
No person may be committed on an application for a judgment summons unless—
the order is made under section 110(2) of the Act; or
the judgment creditor proves that the debtor—
has or has had since the date of the judgment or order the means to pay the sum in respect of which default has been made; and
has refused or neglected or refuses or neglects to pay that sum.
The debtor may not be compelled to give evidence.
If on the hearing of a judgment summons a committal order is made, the court may direct execution of the order to be suspended to enable the debtor to pay the amount due.
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.
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 court otherwise orders, be suspended for so long as the execution of the committal order is suspended.
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 desired, stating the reasons for the debtor’s 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 court and give at least 3 days' notice thereof to the judgment creditor and the debtor.
The District Judge may suspend execution of the committal order pending the hearing of an application under paragraph (4).
Where on the hearing of a judgment summons, the court 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.
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.
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.
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.
No costs shall be allowed to the judgment creditor on the hearing of a judgment summons unless—
a committal order is made; or
the sum in respect of which the judgment summons was issued is paid before the hearing.
Where costs are allowed to the judgment creditor,
there may be allowed—
a charge of the judgment creditor’s solicitor for attending the hearing and, if the court so directs, for serving the judgment summons;
a fee to counsel if the court certifies that the case is fit for counsel;
any travelling expenses paid to the debtor, and
the court fee on the issue of the judgment summons;
the costs may be fixed and allowed without detailed assessment under CPR Part 47.
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A judgment creditor desiring a warrant to be issued pursuant to a committal order shall file a request in that behalf.
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.
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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—
if the payment is made to the court ..., the court officer shall make and sign a certificate of payment and send it by post or otherwise to the gaoler;
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if the payment is made to the gaoler, the gaoler shall sign a certificate of payment and send the amount to the court which made the committal order.
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.
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).
Where the judgment creditor lodges with court a request that a debtor lodged in prison under a warrant of committal may be discharged from custody, court 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.
Where a debtor who has been lodged in prison under a warrant of committal desires to apply for ... 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 the debtor is unable to pay the sum in respect of which the debtor has been committed and ought to be discharged and stating any offer which the debtor desires to make as to the terms on which ... 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 ... discharge from custody under section 23 (7) of the Attachment of Earnings Act 1971.
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 court 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.
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.
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Any powers conferred on the court by Part VI of the Act, section 4 of the Attachment of Earnings Act 1971 or this Order may be exercised by a judge of the County Court or, in the circumstances mentioned in this Order, by the court officer.
A debtor who desires to obtain an administration order under Part VI of the Act shall file a request in that behalf at the County Court hearing centre which serves the address where the debtor resides or carries on business.
Where on ... examination under CPR Part 71, or otherwise, a debtor furnishes to the court on oath a list of ... creditors and the amounts owed to them respectively and sufficient particulars of ... the debtor’s resources and needs, the court may proceed as if the debtor had filed a request under paragraph (1).
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.
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.
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.
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.
On the filing of a request or list under rule 2, the court officer may, if the court officer 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—
notify the debtor of the proposed rate requiring the debtor to give written reasons for any objection ... to the proposed rate within 14 days of service of that notification;
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;
require any such creditor to give written reasons for any objection the creditor may have to the making of an administration order within 14 days of service of the documents mentioned in sub-paragraph (b) upon the creditor.
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.
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 court 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.
Where the court officer is unable to fix a rate under paragraph (2) (whether because the court officer considers that the debtor’s means are insufficient or otherwise), the request shall be referred to the court.
Where the the court considers that it is able to do so without the attendance of the parties, ... the proposed rate providing for payment of the debts included in the list may be fixed in full or to such extent and within such a period as appears practicable in the circumstances of the case.
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.
Where the court does not fix the proposed rate under paragraph (6), it will direct the court officer to fix a day for a hearing at which the court 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.
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.
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 that objection, stating the grounds thereof, to the court officer, to the debtor and to the creditor to whose debt the objection is made.
Except with the permission of the court, no creditor may object to a debt unless that creditor has given notice of the objection under paragraph (1).
On the day of the hearing—
any creditor, whether or not ... mentioned in the list furnished by the debtor, may attend and prove their debt or, subject to rule 6, object to any debt included in that list;
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;
any creditor whose debt is required by the court to be supported by evidence shall prove that debt;
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;
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.
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.
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.
Nothing in this rule shall require the court officer to fix a day for a review under rule 13A.
Where an administration order is made, the court officer shall send a copy to—
the debtor;
every creditor whose name was included in the list furnished by the debtor;
any other creditor who has proved their debt; and
every other court in which, to the knowledge of the court, judgment has been obtained against the debtor or proceedings are pending in respect of any debt scheduled to the order.
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 that objection and of the grounds thereof.
On receipt of such notice the court shall consider the objection and may—
allow it;
dismiss it; or
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.
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 the creditor becoming aware of the administration order.
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 that creditor wishes to prove that debt, send particulars of the claim to the court officer, who shall give notice of it to the debtor and to every creditor whose debt is so scheduled.
If neither the debtor nor any creditor gives notice to the court officer, within 7 days after receipt of notice under paragraph (1), that they object to the claim, then, unless it is required by the court to be supported by evidence, the claim shall be taken to be proved.
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.
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.
An application by a creditor under section 112 (4) of the Act 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.
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.
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.
The debtor or, with the permission of the court, any such creditor may apply to the court to review the order.
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.
Nothing in this rule shall require the court officer to fix a day for a review under rule 13A.
Where it appears that the debtor is failing to make payments in accordance with the order, the court officer shall (either of the court officer’s own initiative or on the application of a creditor whose debt is scheduled to the administration order) send a notice to the debtor—
informing the debtor of the amounts which are outstanding; and
requiring the debtor (within 14 days of service of the notice upon the debtor) to
make the payments as required by the order; or
explain the reasons for failing to make the payments; and
make a proposal for payment of the amounts outstanding, or
make a request to vary the order.
If the debtor does not comply with paragraph (1)(b) within the time stated, the court officer shall revoke the administration order.
If a debtor gives notice under paragraph (1)(b)(ii), (iii) or (iv), the court may—
without requiring the attendance of the parties—
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
suspend the operation of the administration order for such time and on such terms as it thinks fit; or
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.
Any party affected by an order made under paragraph (2) or (3)(a) may, within 14 days of service of the order on them and giving their reasons, apply on notice for the court to consider the matter afresh and the court officer shall fix a day for the hearing of the application ... 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.
On hearing an application under paragraph (4), the court may confirm the order or set it aside and make such new order as it thinks fit and the order so made shall be entered in the records of the court.
On the review of an administration order the court may—
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;
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;
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
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.
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.
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.
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.
When a dividend is declared, notice shall be sent by the officer to each of the creditors.
All creditors scheduled under section 113 (d) of the Act 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).
A debtor who changes ... residence shall forthwith inform the court of their new address.
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.
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When taking any proceedings for the enforcement in the 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 certified copy of the order; and
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.
Where it is desired to enforce the order by warrant of control, the proceedings may be taken in the County Court hearing centre serving the address where execution is to be levied.
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(Repealed)
(Repealed)
(Repealed)
(Repealed)
(Repealed)
(Repealed)
(Repealed)
(Repealed)
(Repealed)
(Repealed)
(Repealed)
(Repealed)
(Repealed)
(Repealed)
(Repealed)
(Repealed)
(Repealed)
(Repealed)
(Repealed)
(Repealed)
(Repealed)
(Repealed)
(Repealed)
(Repealed)
(Repealed)
(Repealed)
(Repealed)
(Repealed)
(Repealed)
CPR Rule 35.15 applies to proceedings under Part 4 of Schedule 3A to the Communications Act 2003.
(Repealed)
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, the complainant shall produce the order and a copy thereof to the County Court hearing centre which serves the address where the complainant resides or the head or main office of the trade union is situate.
The order shall be recorded by filing it, and the copy shall be sealed and dated and returned to the complainant.
The sealed copy shall be treated as if it were the notice of issue in a claim begun by the complainant.
The costs, if any, allowed for recording the order shall be recoverable as if they were payable under the order.
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.
(Repealed)