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Rule 11.The overriding objective
Rule 12.Application by the court of the overriding objective
Rule 13.Duty of the parties
Rule 14.Court’s duty to manage cases
PART 2 Application And Interpretation Of The Rules
Rule 21.Application of the Rules
Rule 22.The glossary
Rule 23.Interpretation
Rule 24.Power of judge, Master or district judge to perform functions of the court
Rule 25.Court staff
Rule 26.Court documents to be sealed
Rule 27.Court’s discretion as to where it deals with cases
Rule 28.Time
Rule 29.Dates for compliance to be calendar dates and to include time of day
Rule 210.Meaning of “month” in judgments, etc.
Rule 211.Time limits may be varied by parties
PART 3 The Court’s Case Management Powers
Rule 31.The court’s general powers of management
Rule 32.Court officer’s power to refer to a judge
Rule 33.Court’s power to make order of its own initiative
Rule 34.Power to strike out a statement of case
Rule 35.Judgment without trial after striking out
Rule 36.Setting aside judgment entered after striking out
Rule 37.Sanctions for non-payment of certain fees
Rule 38.Sanctions have effect unless defaulting party obtains relief
Rule 39.Relief from sanctions
Rule 310.General power of the court to rectify matters where there has been an error of procedure
Rule 4.Forms
Rule 51.Scope of this Part
Rule 52.Preparation of documents
Rule 53.Signature of documents by mechanical means
Rule 54.Supply of documents from court records
Rule 61.Part 6 rules about service apply generally
Rule 62.Methods of service—general
Rule 63.Who is to serve
Rule 64.Personal service
Rule 65.Address for service
Rule 66.Service of documents on children and patients
Rule 67.Deemed service
Rule 68.Service by an alternative method
Rule 69.Power of court to dispense with service
Rule 610.Certificate of service
Rule 611.Notice of non-service
Special Provisions About Service Of The Claim Form
Rule 612.General rules about service subject to special rules about service of claim form
Rule 613.Service of claim form by the court—defendant’s address for service
Rule 614.Certificate of service relating to the claim form
Rule 615.Service of claim form by contractually agreed method
Rule 616.Service of claim form on agent of principal who is overseas
PART 7 How To Start Proceedings—The Claim Form
Rule 71.Where to start proceedings
Rule 72.How to start proceedings
Rule 73.Right to use one claim form to start two or more claims
Rule 74.Particulars of claim
Rule 75.Service of a claim form
Rule 76.Extension of time for serving a claim form
Rule 77.Application by defendant for service of a claim form
Rule 78.Form for defence etc. must be served with particulars of claim
Rule 79.Fixed date and other claims
Rule 710.Production Centre for claims
PART 8 Alternative Procedure For Claims
Rule 81.Types of claim in which Part 8 procedure may be followed
Rule 82.Contents of the claim form
Rule 83.Acknowledgment of service
Rule 84.Consequence of not filing an acknowledgment of service
Rule 85.Filing and serving written evidence
Rule 86.Evidence—general
Rule 87.Part 20 claims
Rule 88.Procedure where defendant objects to use of Part 8 procedure
Rule 89.Modifications to the general rules
PART 9 Responding To Particulars Of Claim—General
Rule 91.Scope of this Part
Rule 92.Defence, admission or acknowledgment of service
PART 10 Acknowledgment Of Service
Rule 101.Acknowledgment of service
Rule 102.Consequence of not filing an acknowledgment of service
Rule 103.The period for filing an acknowledgment of service
Rule 104.Notice to claimant that defendant has filed an acknowledgment of service
Rule 105.Contents of acknowledgment of service
PART 11 Disputing The Court’s Jurisdiction
Rule 11.Procedure for disputing the court’s jurisdiction
Rule 121.Meaning of “default judgment”
Rule 122.Claims in which default judgment may not be obtained
Rule 123.Conditions to be satisfied
Rule 124.Procedure for obtaining default judgment
Rule 125.Nature of judgment where default judgment obtained by filing a request
Rule 126.Interest
Rule 127.Procedure for deciding an amount or value
Rule 128.Claim against more than one defendant
Rule 129.Procedure for obtaining default judgment for costs only
Rule 1210.Default judgment obtained by making an application
Rule 1211.Supplementary provisions where applications for default judgment are made
PART 13 Setting Aside Or Varying Default Judgment
Rule 131.Scope of this Part
Rule 132.Cases where the court must set aside judgment entered under Part 12
Rule 133.Cases where the court may set aside or vary judgment entered under Part 12
Rule 134.Application to set aside or vary judgment—procedure
Rule 135.Claimant’s duty to apply to set aside judgment
Rule 136.Abandoned claim restored where default judgment set aside
Rule 141.Making an admission
Rule 142.Period for making an admission
Rule 143.Admission by notice in writing—application for judgment
Rule 144.Admission of whole of claim for specified amount of money
Rule 145.Admission of part of claim for specified amount of money
Rule 146.Admission of liability to pay whole of claim for unspecified amount of money
Rule 147.Admission of liability to pay claim for unspecified amount of money where defendant offers a sum in satisfaction of the claim
Rule 148.Allocation of claims in relation to outstanding matters
Rule 149.Request for time to pay
Rule 1410.Determination of rate of payment
Rule 1411.Determination of rate of payment by court officer
Rule 1412.Determination of rate of payment by judge
Rule 1413.Right of re-determination
Rule 1414.Interest
Rule 151.Part not to apply where claimant uses Part 8 procedure
Rule 152.Filing a defence
Rule 153.Consequence of not filing a defence
Rule 154.The period for filing a defence
Rule 155.Agreement extending the period for filing a defence
Rule 156.Service of copy of defence
Rule 157.Making a counterclaim
Rule 158.Reply to defence
Rule 159.No statement of case after a reply to be filed without court’s permission
Rule 1510.Claimant’s notice where defence is that money claimed has been paid
Rule 1511.Claim stayed if it is not defended or admitted
Rule 161.Part not to apply where claimant uses Part 8 procedure
Rule 162.Contents of the claim form
Rule 163.Statement of value to be included in the claim form
Rule 164.Contents of the particulars of claim
Rule 165.Contents of defence
Rule 166.Defence of set-off
Rule 167.Reply to defence
Rule 168.Court’s power to dispense with statements of case
PART 17 Amendments To Statements Of Case
Rule 171.Amendments to statements of case
Rule 172.Power of court to disallow amendments made without permission
Rule 173.Amendments to statements of case with the permission of the court
Rule 174.Amendments to statements of case after the end of a relevant limitation period
Rule 181.Obtaining further information
Rule 182.Restriction on use of further information
PART 19 Addition And Substitution Of Parties
Rule 191.Change of parties—general
Rule 192.Provisions applicable where two or more persons are jointly entitled to a remedy
Rule 193.Procedure for adding and substituting parties
Rule 194.Special provisions about adding or substituting parties after the end of a relevant limitation period
PART 20 Counterclaims And Other Additional Claims
Rule 201.Purpose of Part 20
Rule 202.Meaning of “Part 20 claim”
Rule 203.Part 20 claim to be treated as a claim for the purposes of the Rules
Rule 204.Defendant’s counterclaim against the claimant
Rule 205.Counterclaim against a person other than the claimant
Rule 206.Defendant’s claim for contribution or indemnity from co-defendant
Rule 207.Procedure for making any other Part 20 claim
Rule 208.Service of a Part 20 claim form
Rule 209.Matters relevant to question of whether a Part 20 claim should be separate from main claim
Rule 2010.Effect of service of a Part 20 claim
Rule 2011.Special provisions relating to default judgment on a Part 20 claim other than a counterclaim or a contribution or indemnity notice
Rule 2012.Procedural steps on service of a Part 20 claim form on a non-party
Rule 2013.Case management where there is a defence to a Part 20 claim form
Rule 211.Scope of this Part
Rule 212.Requirement for litigation friend in proceedings by or against children and patients
Rule 213.Stage of proceedings at which a litigation friend becomes necessary
Rule 214.Who may be a litigation friend without a court order
Rule 215.How a person becomes a litigation friend without a court order
Rule 216.How a person becomes a litigation friend by court order
Rule 217.Court’s power to change litigation friend and to prevent person acting as litigation friend
Rule 218.Appointment of litigation friend by court order—supplementary
Rule 219.Procedure where appointment of litigation friend ceases
Rule 2110.Compromise etc. by or on behalf of child or patient
Rule 2111.Control of money recovered by or on behalf of child or patient
Rule 2112.Appointment of guardian of child’s estate
Rule 221.Documents to be verified by a statement of truth
Rule 222.Failure to verify a statement of case
Rule 223.Failure to verify a witness statement
Rule 224.Power of the court to require a document to be verified
PART 23 General Rules About Applications For Court Orders
Rule 231.Meaning of “application notice” and “respondent”
Rule 232.Where to make an application
Rule 233.Application notice to be filed
Rule 234.Notice of an application
Rule 235.Time when an application is made
Rule 236.What an application notice must include
Rule 237.Service of a copy of an application notice
Rule 238.Applications which may be dealt with without a hearing
Rule 239.Service of application where application made without notice
Rule 2310.Application to set aside or vary order made without notice
Rule 2311.Power of the court to proceed in the absence of a party
Rule 241.Scope of this Part
Rule 242.Grounds for summary judgment
Rule 243.Types of proceedings in which summary judgment is available
Rule 244.Procedure
Rule 245.Evidence for the purposes of a summary judgment hearing
Rule 246.Court’s powers when it determines a summary judgment application
PART 25 Interim Remedies
Rule 251.Orders for interim remedies
Rule 252.Time when an order for an interim remedy may be made
Rule 253.How to apply for an interim remedy
Rule 254.Application for an interim remedy where there is no related claim
Rule 255.Inspection of property before commencement or against a non-party
Rule 256.Interim payments—general procedure
Rule 257.Interim payments—conditions to be satisfied and matters to be taken into account
Rule 258.Powers of court where it has made an order for interim payment
Rule 259.Restriction on disclosure of an interim payment
Rule 2510.Interim injunction to cease if claim stayed
PART 26 Case Management—Preliminary Stage
Rule 261.Scope of this Part
Rule 262.Automatic transfer
Rule 263.Allocation questionnaire
Rule 264.Stay to allow for settlement of the case
Rule 265.Allocation
Rule 266.Scope of each track
Rule 267.General rule for allocation
Rule 268.Matters relevant to allocation to a track
Rule 269.Notice of allocation
Rule 2610.Re-allocation
PART 27 The Small Claims Track
Rule 271.Scope of this Part
Rule 272.Extent to which other Parts apply
Rule 273.Court’s power to grant a final remedy
Rule 274.Preparation for the hearing
Rule 275.Experts
Rule 276.Preliminary hearing
Rule 277.Power of court to add to, vary or revoke directions
Rule 278.Conduct of the hearing
Rule 279.Non-attendance of parties at a final hearing
Rule 2710.Disposal without a hearing
Rule 2711.Setting judgment aside and re-hearing
Rule 2712.Right of appeal under Part 27
Rule 2713.Procedure for making an appeal
Rule 2714.Costs on the small claims track
Rule 2715.Claim re-allocated from the small claims track to another track
Rule 281.Scope of this Part
Rule 282.General provisions
Rule 283.Directions
Rule 284.Variation of case management timetable
Rule 285.Listing questionnaire
Rule 286.Fixing or confirming the trial date and giving directions
Rule 287.Conduct of trial
Rule 291.Scope of this Part
Rule 292.Case management
Rule 293.Case management conference and pre-trial review
Rule 294.Steps taken by the parties
Rule 295.Variation of case management timetable
Rule 296.Listing questionnaire
Rule 297.Pre-trial review
Rule 298.Setting a trial timetable and fixing or confirming the trial date or week
Rule 299.Conduct of the trial
Rule 301.Scope of this Part
Rule 302.Transfer between county courts and within the High Court
Rule 303.Criteria for a transfer order
Rule 304.Procedure
Rule 305.Transfer between Divisions and to and from a specialist list
Rule 306.Power to specify place where hearings are to be held
Rule 307.Transfer of control of money in court
Rule 308.Certiorari or prohibition
PART 31 Disclosure And Inspection Of Documents
Rule 311.Scope of this Part
Rule 312.Meaning of disclosure
Rule 313.Right of inspection of a disclosed document
Rule 314.Meaning of document
Rule 315.Disclosure limited to standard disclosure
Rule 316.Standard disclosure—what documents are to be disclosed
Rule 317.Duty of search
Rule 318.Duty of disclosure limited to documents which are or have been in a party’s control
Rule 319.Disclosure of copies
Rule 3110.Procedure for standard disclosure
Rule 3111.Duty of disclosure continues during proceedings
Rule 3112.Specific disclosure or inspection
Rule 3113.Disclosure in stages
Rule 3114.Documents referred to in statements of case etc.
Rule 3115.Inspection and copying of documents
Rule 3116.Disclosure before proceedings start
Rule 3117.Orders for disclosure against a person not a party
Rule 3118.Rules not to limit other powers of the court to order disclosure
Rule 3119.Claim to withhold inspection or disclosure of a document
Rule 3120.Restriction on use of a privileged document inspection of which has been inadvertently allowed
Rule 3121.Consequence of failure to disclose documents or permit inspection
Rule 3122.Subsequent use of disclosed documents
Rule 321.Power of court to control evidence
Rule 322.Evidence of witnesses—general rule
Rule 323.Evidence by video link or other means
Rule 324.Requirement to serve witness statements for use at trial
Rule 325.Use at trial of witness statements which have been served
Rule 326.Evidence in proceedings other than at trial
Rule 327.Order for cross-examination
Rule 328.Form of witness statement
Rule 329.Witness summaries
Rule 3210.Consequence of failure to serve witness statement or summary
Rule 3211.Cross-examination on a witness statement
Rule 3212.Use of witness statements for other purposes
Rule 3213.Availability of witness statements for inspection
Rule 3214.False statements
Rule 3215.Affidavit evidence
Rule 3216.Form of affidavit
Rule 3217.Affidavit made outside the jurisdiction
Rule 3218.Notice to admit facts
Rule 3219.Notice to admit or produce documents
PART 33 Miscellaneous Rules About Evidence
Rule 331.Introductory
Rule 332.Notice of intention to rely on hearsay evidence
Rule 333.Circumstances in which notice of intention to rely on hearsay evidence is not required
Rule 334.Power to call witness for cross-examination on hearsay evidence
Rule 335.Credibility
Rule 336.Use of plans, photographs and models as evidence
Rule 337.Evidence of finding on question of foreign law
Rule 338.Evidence of consent of trustee to act
PART 34 Depositions And Court Attendance By Witnesses
Rule 341.Scope of this Part
Rule 342.Witness summonses
Rule 343.Issue of a witness summons
Rule 344.Witness summons in aid of inferior court or of tribunal
Rule 345.Time for serving a witness summons
Rule 346.Who is to serve a witness summons
Rule 347.Right of witness to travelling expenses and compensation for loss of time
Rule 348.Evidence by deposition
Rule 349.Conduct of examination
Rule 3410.Enforcing attendance of witness
Rule 3411.Use of deposition at a hearing
Rule 3412.Restrictions on subsequent use of deposition taken for the purpose of any hearing except the trial
Rule 3413.Where a person to be examined is out of the jurisdiction—letter of request
Rule 3414.Fees and expenses of examiner
Rule 3415.Examiners of the court
Rule 351.Duty to restrict expert evidence
Rule 352.Interpretation
Rule 353.Experts—overriding duty to the court
Rule 354.Court’s power to restrict expert evidence
Rule 355.General requirement for expert evidence to be given in written report
Rule 356.Written questions to experts
Rule 357.Court’s power to direct that evidence is to be given by a single joint expert
Rule 358.Instructions to a single joint expert
Rule 359.Power of court to direct party to provide information
Rule 3510.Contents of report
Rule 3511.Use by one party of expert’s report disclosed by another
Rule 3512.Discussions between experts
Rule 3513.Consequence of failure to disclose expert’s report
Rule 3514.Expert’s right to ask court for directions
Rule 3515.Assessors
PART 36 Offers To Settle And Payments Into Court
Rule 361.Scope of this Part
Rule 362.Part 36 offers and Part 36 payments—general provisions
Rule 363.A defendant’s offer to settle a money claim requires a Part 36 payment
Rule 364.Defendant’s offer to settle the whole of a claim which includes both a money claim and a non-money claim
Rule 365.Form and content of a Part 36 offer
Rule 366.Notice of a Part 36 payment
Rule 367.Offer to settle a claim for provisional damages
Rule 368.Time when a Part 36 offer or a Part 36 payment is made and accepted
Rule 369.Clarification of a Part 36 offer or a Part 36 payment notice
Rule 3610.Court to take into account offer to settle made before commencement of proceedings
Rule 3611.Time for acceptance of a defendant’s Part 36 offer or Part 36 payment
Rule 3612.Time for acceptance of a claimant’s Part 36 offer
Rule 3613.Costs consequences of acceptance of a defendant’s Part 36 offer or Part 36 payment
Rule 3614.Costs consequences of acceptance of a claimant’s Part 36 offer
Rule 3615.The effect of acceptance of a Part 36 offer or a Part 36 payment
Rule 3616.Payment out of a sum in court on the acceptance of a Part 36 payment
Rule 3617.Acceptance of a Part 36 offer or a Part 36 payment made by one or more, but not all, defendants
Rule 3618.Other cases where a court order is required to enable acceptance of a Part 36 offer or a Part 36 payment
Rule 3619.Restriction on disclosure of a Part 36 offer or a Part 36 payment
Rule 3620.Costs consequences where a claimant fails to do better than a Part 36 offer or a Part 36 payment
Rule 3621.Costs and other consequences where claimant does better than he proposed in his Part 36 offer
Rule 3622.Interest
Rule 3623.Deduction of benefits
PART 37 Miscellaneous Provisions About Payments Into Court
Rule 371.Money paid into court under a court order—general
Rule 372.Money paid into court may be treated as a Part 36 payment
Rule 373.Money paid into court where defendant wishes to rely on defence of tender before claim
Rule 374.Proceedings under Fatal Accidents Act 1976 and Law Reform (Miscellaneous Provisions) Act 1934—apportionment by court
Rule 381.Scope of this Part
Rule 382.Right to discontinue claim
Rule 383.Procedure for discontinuing
Rule 384.Right to apply to have notice of discontinuance set aside
Rule 385.When discontinuance takes effect where permission of the court is not needed
Rule 386.Liability for costs
Rule 387.Discontinuance and subsequent proceedings
Rule 388.Stay of remainder of partly discontinued proceedings where costs not paid
PART 39 Miscellaneous Provisions Relating To Hearings
Rule 391.Interpretation
Rule 392.General rule—hearing to be in public
Rule 393.Failure to attend the trial
Rule 394.Timetable for trial
Rule 395.Trial bundles
Rule 396.Representation at trial of companies or other corporations
Rule 397.Impounded documents
Rule 401.Scope of this Part
Rule 402.Standard requirements
Rule 403.Drawing up and filing of judgments and orders
Rule 404.Service of judgments and orders
Rule 405.Power to require judgment or order to be served on a party as well as his solicitor
Rule 406.Consent judgments and orders
Rule 407.When judgment or order takes effect
Rule 408.Time from which interest begins to run
Rule 409.Who may apply to set aside or vary a judgment or order
Rule 4010.Judgment against a State in default of acknowledgment of service
Rule 4011.Time for complying with a judgment or order
Rule 4012.Correction of errors in judgments and orders
Rule 4013.Cases where court gives judgment both on claim and counterclaim
Rule 4014.Judgment in favour of certain part owners relating to the detention of goods
Rule 411.Application and definitions
Rule 412.Order for an award of provisional damages
Rule 413.Application for further damages
Rule 421.Solicitor acting for a party
Rule 422.Change of solicitor—duty to give notice
Rule 423.Order that a solicitor has ceased to act
Rule 424.Removal of solicitor who has ceased to act on application of another party
PART 43 Scope Of Costs Rules And Definitions
Rule 431.Scope of this Part
Rule 432.Definitions and application
Rule 433.Meaning of summary assessment
Rule 434.Meaning of detailed assessment
PART 44 General Rules About Costs
Rule 441.Scope of this Part
Rule 442.Solicitor’s duty to notify client
Rule 443.Court’s discretion and circumstances to be taken into account when exercising its discretion as to costs
Rule 444.Basis of assessment
Rule 445.Factors to be taken into account in deciding the amount of costs
Rule 446.Fixed costs
Rule 447.Procedure for assessing costs
Rule 448.Time for complying with an order for costs
Rule 449.Costs on the small claims track and fast track
Rule 4410.Limitation on amount court may award where a claim allocated to the fast track settles before trial
Rule 4411.Costs following allocation and re-allocation
Rule 4412.Cases where costs orders deemed to have been made
Rule 4413.Special situations
Rule 4414.Court’s powers in relation to misconduct
Rule 451.Scope of this Part
Rule 452.Amount of fixed commencement costs
Rule 453.When defendant only liable for fixed commencement costs
Rule 454.Costs on entry of judgment
Rule 455.Miscellaneous fixed costs
PART 46 Fast Track Trial Costs
Rule 461.Scope of this Part
Rule 462.Amount of fast track trial costs
Rule 463.Power to award more or less than amount of fast track trial costs
Rule 464.Fast track trial costs where there is more than one claimant or defendant
PART 47 Procedure For Detailed Assessment Of Costs And Default Provisions
General Rules About Detailed Assessment
Rule 471.Time when detailed assessment may be carried out
Rule 472.No stay of detailed assessment where there is an appeal
Rule 473.Powers of an authorised court officer
Rule 474.Venue for detailed assessment proceedings
II
Costs Payable By One Party To Another—Commencement Of Detailed Assessment Proceedings
Rule 475.Application of this section
Rule 476.Commencement of assessment proceedings
Rule 477.Period for commencing detailed assessment proceedings
Rule 478.Sanction for delay in commencing detailed assessment proceedings
Rule 479.Points of dispute and consequence of not serving
Rule 4710.Procedure where costs are agreed
Costs Payable By One Party To Another—Default Provisions
Rule 4711.Default costs certificate
Rule 4712.Setting aside default costs certificate
IV
Costs Payable By One Party To Another—Procedure Where Points Of Dispute Are Served
Rule 4713.Optional reply
Rule 4714.Detailed assessment hearing
Interim Costs Certificate And Final Costs Certificate
Rule 4715.Power to issue an interim certificate
Rule 4716.Final costs certificate
Rule 4717.Detailed assessment procedure for costs of an assisted person where costs are payable out of the legal aid fund
Costs Of Detailed Assessment Proceedings
Rule 4718.Liability for costs of detailed assessment proceedings
Rule 4719.Offers to settle without prejudice save as to costs of the detailed assessment proceedings
VIII
Appeals In Detailed Assessment Proceedings
Rule 4720.Right to appeal
Rule 4721.Preliminary requirements for bringing an appeal
Rule 4722.Court to hear appeal
Rule 4723.Duty to seek reasons
Rule 4724.Obtaining the court’s permission to appeal
Rule 4725.Appeal procedure
Rule 4726.Powers of the court on appeal
Costs Payable By Or To Particular Persons
Rule 481.Pre-commencement disclosure and orders for disclosure against a person who is not a party
Rule 482.Costs orders in favour of or against non-parties
Rule 483.Amount of costs where costs are payable pursuant to a contract
Rule 484.Limitations on court’s power to award costs in favour of trustee or personal representative
Rule 485.Costs where money is payable by or to a child or patient
Rule 486.Litigants in person
II
Costs Relating To Solicitors And Other Legal Representatives
Rule 487.Personal liability of legal representative for costs—wasted costs orders
Rule 488.Basis of detailed assessment of solicitor and client costs
Rule 489.Conditional fees
Rule 4810.Assessment procedure
PART 49 Specialist Proceedings
Rule 49.Specialist proceedings
PART 50 Application Of The Schedules
Rule 50.Application of the Schedules
PART 51 Transitional Arrangements
Rule 51.Transitional Arrangements
Glossary
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Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.