The Civil Procedure Rules 1998

1. Introductory Text

2. PART 1 OVERRIDING OBJECTIVE

   1. 1.1. The overriding objective

   2. 1.2. Application by the court of the overriding objective

   3. 1.3. Duty of the parties

   4. 1.4. Court’s duty to manage cases

3. PART 2 APPLICATION AND INTERPRETATION OF THE RULES

   1. 2.1. Application of the Rules

   2. 2.2. The glossary

   3. 2.3. Interpretation

   4. 2.4. Power of judge, Master or district judge to perform functions of the court

   5. 2.5. Court staff

   6. 2.6. Court documents to be sealed

   7. 2.7. Court’s discretion as to where it deals with cases

   8. 2.8. Time

   9. 2.9. Dates for compliance to be calendar dates and to include time of day

   10. 2.10. Meaning of “month” in judgments, etc.

   11. 2.11. Time limits may be varied by parties

4. PART 3 THE COURT'S CASE MANAGEMENT POWERS

   1. 3.1. The court’s general powers of management

   2. 3.2. Court officer’s power to refer to a judge

   3. 3.3. Court’s power to make order of its own initiative

   4. 3.4. Power to strike out a statement of case

   5. 3.5. Judgment without trial after striking out

   6. 3.6. Setting aside judgment entered after striking out

   7. 3.7. Sanctions for non—payment of certain fees

   8. 3.8. Sanctions have effect unless defaulting party obtains relief

   9. 3.9. Relief from sanctions

   10. 3.10. General power of the court to rectify matters where there has been an error of procedure

5. PART 4 FORMS

   1. 4. (1) The forms set out in a practice direction shall...

6. PART 5 COURT DOCUMENTS

   1. 5.1. Scope of this Part

   2. 5.2. Preparation of documents

   3. 5.3. Signature of documents by mechanical means

   4. 5.4. Supply of documents from court records

7. PART 6 SERVICE OF DOCUMENTS

   1. I GENERAL RULES ABOUT SERVICE

      1. 6.1. Part 6 rules about service apply generally

      2. 6.2. Methods of service—general

      3. 6.3. Who is to serve

      4. 6.4. Personal service

      5. 6.5. Address for service

      6. 6.6. Service of documents on children and patients

      7. 6.7. Deemed service

      8. 6.8. Service by an alternative method

      9. 6.9. Power of court to dispense with service

      10. 6.10. Certificate of service

      11. 6.11. Notice of non-service

   2. II SPECIAL PROVISIONS ABOUT SERVICE OF THE CLAIM FORM

      1. 6.12. General rules about service subject to special rules about service of claim form

      2. 6.13. Service of claim form by the court—defendant’s address for service

      3. 6.14. Certificate of service relating to the claim form

      4. 6.15. Service of the claim form by contractually agreed method

      5. 6.16. Service of claim form on agent of principal who is overseas

8. PART 7 HOW TO START PROCEEDINGS—THE CLAIM FORM

   1. 7.1. Where to start proceedings

   2. 7.2. How to start proceedings

   3. 7.3. Right to use one claim form to start two or more claims

   4. 7.4. Particulars of claim

   5. 7.5. Service of a claim form

   6. 7.6. Extension of time for serving a claim form

   7. 7.7. Application by defendant for service of claim form

   8. 7.8. Form for defence etc. must be served with particulars of claim

   9. 7.9. Fixed date and other claims

   10. 7.10. Production Centre for claims

9. PART 8 ALTERNATIVE PROCEDURE FOR CLAIMS

   1. 8.1. Types of claim in which Part 8 procedure may be followed

   2. 8.2. Contents of the claim form

   3. 8.3. Acknowledgment of service

   4. 8.4. Consequence of not filing an acknowledgment of service

   5. 8.5. Filing and serving written evidence

   6. 8.6. Evidence—general

   7. 8.7. Part 20 claims

   8. 8.8. Procedure where defendant objects to use of the Part 8 procedure

   9. 8.9. Modifications to the general rules

10. PART 9 RESPONDING TO PARTICULARS OF CLAIM—GENERAL

    1. 9.1. Scope of this Part

    2. 9.2. Defence, admission or acknowledgment of service

11. PART 10 ACKNOWLEDGMENT OF SERVICE

    1. 10.1. Acknowledgment of service

    2. 10.2. Consequence of not filing an acknowledgment of service

    3. 10.3. The period for filing an acknowledgment of service

    4. 10.4. Notice to claimant that defendant has filed an acknowledgment of service

    5. 10.5. Contents of acknowledgment of service

12. PART 11 DISPUTING THE COURT'S JURISDICTION

    1. 11. Procedure for disputing the court’s jurisdiction

13. PART 12 DEFAULT JUDGMENT

    1. 12.1. Meaning of “default judgment”

    2. 12.2. Claims in which default judgment may not be obtained

    3. 12.3. Conditions to be satisfied

    4. 12.4. Procedure for obtaining default judgment

    5. 12.5. Nature of judgment where default judgment obtained by filing a request

    6. 12.6. Interest

    7. 12.7. Procedure for deciding an amount or value

    8. 12.8. Claim against more than one defendant

    9. 12.9. Procedure for obtaining a default judgment for costs only

    10. 12.10. Default judgment obtained by making an application

    11. 12.11. Supplementary provisions where applications for default judgment are made

14. PART 13 SETTING ASIDE OR VARYING DEFAULT JUDGMENT

    1. 13.1. Scope of this Part

    2. 13.2. Cases where the court must set aside judgment entered under Part 12

    3. 13.3. Cases where the court may set aside or vary judgment entered under Part 12

    4. 13.4. Application to set aside or vary judgment—procedure

    5. 13.5. Claimant’s duty to apply to set aside judgment

    6. 13.6. Abandoned claim restored where default judgment set aside

15. PART 14 ADMISSIONS

    1. 14.1. Making an admission

    2. 14.2. Period for making an admission

    3. 14.3. Admission by notice in writing—application for judgment

    4. 14.4. Admission of whole of claim for specified amount of money

    5. 14.5. Admission of part of a claim for a specified amount of money

    6. 14.6. Admission of liability to pay whole of claim for unspecified amount of money

    7. 14.7. Admission of liability to pay claim for unspecified amount of money where defendant offers a sum in satisfaction of the claim

    8. 14.8. Allocation of claims in relation to outstanding matters

    9. 14.9. Request for time to pay

    10. 14.10. Determination of rate of payment

    11. 14.11. Determination of rate of payment by court officer

    12. 14.12. Determination of rate of payment by judge

    13. 14.13. Right of re-determination

    14. 14.14. Interest

16. PART 15 DEFENCE AND REPLY

    1. 15.1. Part not to apply where claimant uses the Part 8 procedure

    2. 15.2. Filing a defence

    3. 15.3. Consequence of not filing a defence

    4. 15.4. The period for filing a defence

    5. 15.5. Agreement extending the period for filing a defence

    6. 15.6. Service of copy of defence

    7. 15.7. Making a counterclaim

    8. 15.8. Reply to defence

    9. 15.9. No statement of case after a reply to be filed without court’s permission

    10. 15.10. Claimant’s notice where defence is that money claimed has been paid

    11. 15.11. Claim stayed if it is not defended or admitted

17. PART 16 STATEMENTS OF CASE

    1. 16.1. Part not to apply where claimant uses Part 8 procedure

    2. 16.2. Contents of the claim form

    3. 16.3. Statement of value to be included in the claim form

    4. 16.4. Contents of the particulars of claim

    5. 16.5. Contents of defence

    6. 16.6. Defence of set-off

    7. 16.7. Reply to defence

    8. 16.8. Court’s power to dispense with statements of case

18. PART 17 AMENDMENTS TO STATEMENTS OF CASE

    1. 17.1. Amendments to statements of case

    2. 17.2. Power of court to disallow amendments made without permission

    3. 17.3. Amendments to statements of case with the permission of the court

    4. 17.4. Amendments to statements of case after the end of a relevant limitation period

19. PART 18 FURTHER INFORMATION

    1. 18.1. Obtaining further information

    2. 18.2. Restriction on the use of further information

20. PART 19 ADDITION AND SUBSTITUTION OF PARTIES

    1. 19.1. Change of parties—general

    2. 19.2. Provisions applicable where two or more persons are jointly entitled to a remedy

    3. 19.3. Procedure for adding and substituting parties

    4. 19.4. Special provisions about adding or substituting parties after the end of a relevant limitation period

21. PART 20 COUNTERCLAIMS AND OTHER ADDITIONAL CLAIMS

    1. 20.1. Purpose of Part 20

    2. 20.2. Meaning of “Part 20 claim”

    3. 20.3. Part 20 claim to be treated as a claim for the purposes of the Rules

    4. 20.4. Defendant’s counterclaim against the claimant

    5. 20.5. Counterclaim against a person other than the claimant

    6. 20.6. Defendant’s claim for contribution or indemnity from co-defendant

    7. 20.7. Procedure for making any other Part 20 claim

    8. 20.8. Service of a Part 20 claim form

    9. 20.9. Matters relevant to question of whether a Part 20 claim should be separate from main claim

    10. 20.10. Effect of service of a Part 20 claim

    11. 20.11. Special provisions relating to default judgment on a Part 20 claim other than a counterclaim or a contribution or indemnity notice

    12. 20.12. Procedural steps on service of a Part 20 claim form on a non-party

    13. 20.13. Case management where there is a defence to a Part 20 claim form

22. PART 21 CHILDREN AND PATIENTS

    1. 21.1. Scope of this Part

    2. 21.2. Requirement for litigation friend in proceedings by or against children and patients

    3. 21.3. Stage of proceedings at which a litigation friend becomes necessary

    4. 21.4. Who may be a litigation friend without a court order

    5. 21.5. How a person becomes a litigation friend without a court order

    6. 21.6. How a person becomes a litigation friend by court order

    7. 21.7. Court’s power to change litigation friend and to prevent person acting as litigation friend

    8. 21.8. Appointment of litigation friend by court order—supplementary

    9. 21.9. Procedure where appointment of litigation friend ceases

    10. 21.10. Compromise etc. by or on behalf of child or patient

    11. 21.11. Control of money recovered by or on behalf of child or patient

    12. 21.12. Appointment of guardian of child’s estate

23. PART 22 STATEMENTS OF TRUTH

    1. 22.1. Documents to be verified by a statement of truth

    2. 22.2. Failure to verify a statement of case

    3. 22.3. Failure to verify a witness statement

    4. 22.4. Power of the court to require a document to be verified

24. PART 23 GENERAL RULES ABOUT APPLICATIONS FOR COURT ORDERS

    1. 23.1. Meaning of “application notice” and “respondent”

    2. 23.2. Where to make an application

    3. 23.3. Application notice to be filed

    4. 23.4. Notice of an application

    5. 23.5. Time when an application is made

    6. 23.6. What an application notice must include

    7. 23.7. Service of a copy of an application notice

    8. 23.8. Applications which may be dealt with without a hearing

    9. 23.9. Service of application where application made without notice

    10. 23.10. Application to set aside or vary order made without notice

    11. 23.11. Power of the court to proceed in the absence of a party

25. PART 24 SUMMARY JUDGMENT

    1. 24.1. Scope of this Part

    2. 24.2. Grounds for summary judgment

    3. 24.3. Types of proceedings in which summary judgment is available

    4. 24.4. Procedure

    5. 24.5. Evidence for the purposes of a summary judgment hearing

    6. 24.6. Court’s powers when it determines a summary judgment application

26. 25.2 INTERIM REMEDIES

    1. 25.1. Orders for interim remedies

    2. 25.2. Time when an order for an interim remedy may be made

    3. 25.3. How to apply for an interim remedy

    4. 25.4. Application for an interim remedy where there is no related claim

    5. 25.5. Inspection of property before commencement or against a non-party

    6. 25.6. Interim payments—general procedure

    7. 25.7. Interim payments—conditions to be satisfied and matters to be taken into account

    8. 25.8. Powers of court where it has made an order for interim payment

    9. 25.9. Restriction on disclosure of an interim payment

    10. 25.10. Interim injunction to cease if claim is stayed

27. PART 26 CASE MANAGEMENT—PRELIMINARY STAGE

    1. 26.1. Scope of this Part

    2. 26.2. Automatic transfer

    3. 26.3. Allocation questionnaire

    4. 26.4. Stay to allow for settlement of the case

    5. 26.5. Allocation

    6. 26.6. Scope of each track

    7. 26.7. General rule for allocation

    8. 26.8. Matters relevant to allocation to a track

    9. 26.9. Notice of allocation

    10. 26.10. Re-allocation

28. PART 27 THE SMALL CLAIMS TRACK

    1. 27.1. Scope of this Part

    2. 27.2. Extent to which other Parts apply

    3. 27.3. Court’s power to grant a final remedy

    4. 27.4. Preparation for the hearing

    5. 27.5. Experts

    6. 27.6. Preliminary hearing

    7. 27.7. Power of court to add to, vary or revoke directions

    8. 27.8. Conduct of the hearing

    9. 27.9. Non-attendance of parties at a final hearing

    10. 27.10. Disposal without a hearing

    11. 27.11. Setting judgment aside and re-hearing

    12. 27.12. Right of appeal under Part 27

    13. 27.13. Procedure for making an appeal

    14. 27.14. Costs on the small claims track

    15. 27.15. Claim re-allocated from the small claims track to another track

29. PART 28 THE FAST TRACK

    1. 28.1. Scope of this Part

    2. 28.2. General provisions

    3. 28.3. Directions

    4. 28.4. Variation of case management timetable

    5. 28.5. Listing questionnaire

    6. 28.6. Fixing or confirming the trial date and giving directions

    7. 28.7. Conduct of trial

30. PART 29 THE MULTI-TRACK

    1. 29.1. Scope of this Part

    2. 29.2. Case management

    3. 29.3. Case management conference and pre-trial review

    4. 29.4. Steps taken by the parties

    5. 29.5. Variation of case management timetable

    6. 29.6. Listing questionnaire

    7. 29.7. Pre-trial review

    8. 29.8. Setting a trial timetable and fixing or confirming the trial date or week

    9. 29.9. Conduct of trial

31. PART 30 TRANSFER

    1. 30.1. Scope of this Part

    2. 30.2. Transfer between county courts and within the High Court

    3. 30.3. Criteria for a transfer order

    4. 30.4. Procedure

    5. 30.5. Transfer between Divisions and to and from a specialist list

    6. 30.6. Power to specify place where hearings are to be held

    7. 30.7. Transfer of control of money in court

    8. 30.8. Certiorari or prohibition

32. PART 31 DISCLOSURE AND INSPECTION OF DOCUMENTS

    1. 31.1. Scope of this Part

    2. 31.2. Meaning of disclosure

    3. 31.3. Right of inspection of a disclosed document

    4. 31.4. Meaning of document

    5. 31.5. Disclosure limited to standard disclosure

    6. 31.6. Standard disclosure—what documents are to be disclosed

    7. 31.7. Duty of search

    8. 31.8. Duty of disclosure limited to documents which are or have been in party’s control

    9. 31.9. Disclosure of copies

    10. 31.10. Procedure for standard disclosure

    11. 31.11. Duty of disclosure continues during proceedings

    12. 31.12. Specific disclosure or inspection

    13. 31.13. Disclosure in stages

    14. 31.14. Documents referred to in statements of case etc.

    15. 31.15. Inspection and copying of documents

    16. 31.16. Disclosure before proceedings start

    17. 31.17. Orders for disclosure against a person not a party

    18. 31.18. Rules not to limit other powers of the court to order disclosure

    19. 31.19. Claim to withhold inspection or disclosure of a document

    20. 31.20. Restriction on use of a privileged document inspection of which has been inadvertently allowed

    21. 31.21. Consequence of failure to disclose documents or permit inspection

    22. 31.22. Subsequent use of disclosed documents

33. PART 32 EVIDENCE

    1. 32.1. Power of court to control evidence

    2. 32.2. Evidence of witnesses—general rule

    3. 32.3. Evidence by video link or other means

    4. 32.4. Requirement to serve witness statements for use at trial

    5. 32.5. Use at trial of witness statements which have been served

    6. 32.6. Evidence in proceedings other than at trial

    7. 32.7. Order for cross-examination

    8. 32.8. Form of witness statement

    9. 32.9. Witness summaries

    10. 32.10. Consequence of failure to serve witness statement or summary

    11. 32.11. Cross-examination on a witness statement

    12. 32.12. Use of witness statements for other purposes

    13. 32.13. Availability of witness statements for inspection

    14. 32.14. False statements

    15. 32.15. Affidavit evidence

    16. 32.16. Form of affidavits

    17. 32.17. Affidavit made outside the jurisdiction

    18. 32.18. Notice to admit facts

    19. 32.19. Notice to admit or produce documents

34. PART 33 MISCELLANEOUS RULES ABOUT EVIDENCE

    1. 33.1. Introductory

    2. 33.2. Notice of intention to rely on hearsay evidence

    3. 33.3. Circumstances in which notice of intention to rely on hearsay evidence is not required

    4. 33.4. Power to call witness for cross-examination on hearsay evidence

    5. 33.5. Credibility

    6. 33.6. Use of plans, photographs and models as evidence

    7. 33.7. Evidence of finding on question of foreign law

    8. 33.8. Evidence of consent of trustee to act

35. PART 34 DEPOSITIONS AND COURT ATTENDANCE BY WITNESSES

    1. 34.1. Scope of this Part

    2. 34.2. Witness summonses

    3. 34.3. Issue of a witness summons

    4. 34.4. Witness summons in aid of inferior court or of tribunal

    5. 34.5. Time for serving a witness summons

    6. 34.6. Who is to serve a witness summons

    7. 34.7. Right of witness to travelling expenses and compensation for loss of time

    8. 34.8. Evidence by deposition

    9. 34.9. Conduct of examination

    10. 34.10. Enforcing attendance of witness

    11. 34.11. Use of deposition at a hearing

    12. 34.12. Restrictions on subsequent use of deposition taken for the purpose of any hearing except the trial

    13. 34.13. Where a person to be examined is out of the jurisdiction—letter of request

    14. 34.14. Fees and expenses of examiner

    15. 34.15. Examiners of the court

36. PART 35 EXPERTS AND ASSESSORS

    1. 35.1. Duty to restrict expert evidence

    2. 35.2. Interpretation

    3. 35.3. Experts—overriding duty to the court

    4. 35.4. Court’s power to restrict expert evidence

    5. 35.5. General requirement for expert evidence to be given in a written report

    6. 35.6. Written questions to experts

    7. 35.7. Court’s power to direct that evidence is to be given by a single joint expert

    8. 35.8. Instructions to a single joint expert

    9. 35.9. Power of court to direct a party to provide information

    10. 35.10. Contents of report

    11. 35.11. Use by one party of expert’s report disclosed by another

    12. 35.12. Discussions between experts

    13. 35.13. Consequence of failure to disclose expert’s report

    14. 35.14. Expert’s right to ask court for directions

    15. 35.15. Assessors

37. PART 36 OFFERS TO SETTLE AND PAYMENTS INTO COURT

    1. 36.1. Scope of this Part

    2. 36.2. Part 36 offers and Part 36 payments—general provisions

    3. 36.3. A defendant’s offer to settle a money claim requires a Part 36 payment

    4. 36.4. Defendant’s offer to settle the whole of a claim which includes both a money claim and a non-money claim

    5. 36.5. Form and content of a Part 36 offer

    6. 36.6. Notice of a Part 36 payment

    7. 36.7. Offer to settle a claim for provisional damages

    8. 36.8. Time when a Part 36 offer or a Part 36 payment is made and accepted

    9. 36.9. Clarification of a Part 36 offer or a Part 36 payment notice

    10. 36.10. Court to take into account offer to settle made before commencement of proceedings

    11. 36.11. Time for acceptance of a defendant’s Part 36 offer or Part 36 payment

    12. 36.12. Time for acceptance of a claimant’s Part 36 offer

    13. 36.13. Costs consequences of acceptance of a defendant’s Part 36 offer or Part 36 payment

    14. 36.14. Costs consequences of acceptance of a claimant’s Part 36 offer

    15. 36.15. The effect of acceptance of a Part 36 offer or a Part 36 payment

    16. 36.16. Payment out of a sum in court on the acceptance of a Part 36 payment

    17. 36.17. Acceptance of a Part 36 offer or a Part 36 payment made by one or more, but not all, defendants

    18. 36.18. Other cases where a court order is required to enable acceptance of a Part 36 offer or a Part 36 payment

    19. 36.19. Restriction on disclosure of a Part 36 offer or a Part 36 payment

    20. 36.20. Costs consequences where claimant fails to do better than a Part 36 offer or a Part 36 payment

    21. 36.21. Costs and other consequences where claimant does better than he proposed in his Part 36 offer

    22. 36.22. Interest

    23. 36.23. Deduction of benefits

38. PART 37 MISCELLANEOUS PROVISIONS ABOUT PAYMENTS INTO COURT

    1. 37.1. Money paid into court under a court order—general

    2. 37.2. Money paid into court may be treated as a Part 36 payment

    3. 37.3. Money paid into court where defendant wishes to rely on defence of tender before claim

    4. 37.4. Proceedings under Fatal Accidents Act 1976 and Law Reform (Miscellaneous Provisions) Act 1934—apportionment by court

39. PART 38 DISCONTINUANCE

    1. 38.1. Scope of this Part

    2. 38.2. Right to discontinue claim

    3. 38.3. Procedure for discontinuing

    4. 38.4. Right to apply to have notice of discontinuance set aside

    5. 38.5. When discontinuance takes effect where permission of the court is not needed

    6. 38.6. Liability for costs

    7. 38.7. Discontinuance and subsequent proceedings

    8. 38.8. Stay of remainder of partly discontinued proceedings where costs not paid

40. PART 39 MISCELLANEOUS PROVISIONS RELATING TO HEARINGS

    1. 39.1. Interpretation

    2. 39.2. General rule—hearing to be in public

    3. 39.3. Failure to attend the trial

    4. 39.4. Timetable for trial

    5. 39.5. Trial bundles

    6. 39.6. Representation at trial of companies or other corporations

    7. 39.7. Impounded documents

41. PART 40 JUDGMENTS AND ORDERS

    1. 40.1. Scope of this Part

    2. 40.2. Standard requirements

    3. 40.3. Drawing up and filing of judgments and orders

    4. 40.4. Service of judgments and orders

    5. 40.5. Power to require judgment or order to be served on a party as well as his solicitor

    6. 40.6. Consent judgments and orders

    7. 40.7. When judgment or order takes effect

    8. 40.8. Time from which interest begins to run

    9. 40.9. Who may apply to set aside or vary a judgment or order

    10. 40.10. Judgment against a State in default of acknowledgment of service

    11. 40.11. Time for complying with a judgment or order

    12. 40.12. Correction of errors in judgments and orders

    13. 40.13. Cases where court gives judgment both on claim and counterclaim

    14. 40.14. Judgment in favour of certain part owners relating to the detention of goods

42. PART 41 PROVISIONAL DAMAGES

    1. 41.1. Application and definitions

    2. 41.2. Order for an award of provisional damages

    3. 41.3. Application for further damages

43. PART 42 CHANGE OF SOLICITOR

    1. 42.1. Solicitor acting for a party

    2. 42.2. Change of solicitor—duty to give notice

    3. 42.3. Order that a solicitor has ceased to act

    4. 42.4. Removal of solicitor who has ceased to act on application of another party

44. PART 43 SCOPE OF COST RULES AND DEFINITIONS

    1. 43.1. Scope of this Part

    2. 43.2. Definitions and application

    3. 43.3. Meaning of summary assessment

    4. 43.4. Meaning of detailed assessment

45. PART 44 GENERAL RULES ABOUT COSTS

    1. 44.1. Scope of this Part

    2. 44.2. Solicitor’s duty to notify client

    3. 44.3. Court’s discretion and circumstances to be taken into account when exercising its discretion as to costs

    4. 44.4. Basis of assessment

    5. 44.5. Factors to be taken into account in deciding the amount of costs

    6. 44.6. Fixed costs

    7. 44.7. Procedure for assessing costs

    8. 44.8. Time for complying with an order for costs

    9. 44.9. Costs on the small claims track and fast track

    10. 44.10. Limitation on amount court may allow where a claim allocated to the fast track settles before trial

    11. 44.11. Costs following allocation and re-allocation

    12. 44.12. Cases where costs orders deemed to have been made

    13. 44.13. Special situations

    14. 44.14. Court’s powers in relation to misconduct

46. PART 45 FIXED COSTS

    1. 45.1. Scope of this Part

    2. 45.2. Amount of fixed commencement costs

    3. 45.3. When defendant only liable for fixed commencement costs

    4. 45.4. Costs on entry of judgment

    5. 45.5. Miscellaneous fixed costs

47. PART 46 FAST TRACK TRIAL COSTS

    1. 46.1. Scope of this Part

    2. 46.2. Amount of fast track trial costs

    3. 46.3. Power to award more or less than the amount of fast track trial costs

    4. 46.4. Fast track trial costs where there is more than one claimant or defendant

48. PART 47 PROCEDURE FOR DETAILED ASSESSMENT OF COSTS AND DEFAULT PROVISIONS

    1. (The definitions contained in Part 43 are relevant to this...

    2. SECTION I—GENERAL RULES ABOUT DETAILED ASSESSMENT

       1. 47.1. Time when detailed assessment may be carried out

       2. 47.2. No stay of detailed assessment where there is an appeal

       3. 47.3. Powers of an authorised court officer

       4. 47.4. Venue for detailed assessment proceedings

    3. SECTION II—COSTS PAYABLE BY ONE PARTY TO ANOTHER—COMMENCE MENT OF DETAILED ASSESSMENT PROCEEDINGS

       1. 47.5. Application of this Section

       2. 47.6. Commencement of detailed assessment proceedings

       3. 47.7. Period for commencing detailed assessment proceedings

       4. 47.8. Sanction for delay in commencing detailed assessment proceedings

       5. 47.9. Points of dispute and consequence of not serving

       6. 47.10. Procedure where costs are agreed

    4. SECTION III—COSTS PAYABLE BY ONE PARTY TO ANOTHER—DEFAULT PROVISIONS

       1. 47.11. Default costs certificate

       2. 47.12. Setting aside default costs certificate

    5. SECTION IV—COSTS PAYABLE BY ONE PARTY TO ANOTHER—PROCEDURE WHERE POINTS OF 7DISPUTE ARE SERVED

       1. 47.13. Optional reply

       2. 47.14. Detailed assessment hearing

    6. SECTION V—INTERIM COSTS CERTIFICATE AND FINAL COSTS CERTIFICATE

       1. 47.15. Power to issue an interim certificate

       2. 47.16. Final costs certificate

    7. SECTION VI—DETAILED ASSESSMENT PROCEDURE FOR COSTS OF AN ASSISTED PERSON WHERE COSTS ARE PAYABLE OUT OF THE LEGAL AID FUND

       1. 47.17. Detailed assessment procedure for costs of an assisted person where costs are payable out of the legal aid fund

    8. SECTION VII—COSTS OF DETAILED ASSESSMENT PROCEEDINGS

       1. 47.18. Liability for costs of detailed assessment proceedings

       2. 47.19. Offers to settle without prejudice save as to costs of the detailed assessment proceedings

    9. SECTION VIII—APPEAL AGAINST DECISIONS IN DETAILED ASSESSMENT PROCEEDINGS

       1. 47.20. Right to appeal

       2. 47.21. Preliminary requirements for bringing an appeal

       3. 47.22. Court to hear appeal

       4. 47.23. Duty to seek reasons

       5. 47.24. Obtaining the court’s permission to appeal

       6. 47.25. Appeal procedure

       7. 47.26. Powers of the court on appeal

49. PART 48 COSTS—SPECIAL CASES

    1. (The definitions contained in Part 43 are relevant to this...

    2. SECTION 1—COSTS PAYABLE BY OR TO PARTICULAR PERSONS

       1. 48.1. Pre-commencement disclosure and orders for disclosure against a person who is not a party

       2. 48.2. Costs orders in favour of or against non-parties

       3. 48.3. Amount of costs where costs are payable pursuant to a contract

       4. 48.4. Limitations on court’s power to award costs in favour of trustee or personal representative

       5. 48.5. Costs where money is payable by or to a child or patient

       6. 48.6. Litigants in person

    3. SECTION II—COSTS RELATING TO SOLICITORS AND OTHER LEGAL REPRE SENTATIVES

       1. 48.7. Personal liability of legal representative for costs—wasted costs orders

       2. 48.8. Basis of detailed assessment of solicitor and client costs

       3. 48.9. Conditional fees

       4. 48.10. Assessment procedure

50. PART 49 SPECIALIST PROCEEDINGS

    1. 49. (1) These Rules shall apply to the proceedings listed in...

51. PART 50 APPLICATION OF THE SCHEDULES

    1. 50. (1) The Schedules to these Rules set out, with modifications,...

52. PART 51 TRANSITIONAL ARRANGEMENTS

    1. 51. A practice direction shall make provision for the extent to...

53. GLOSSARY

    1. Scope

54. Signature

55. 1. Schedule 1

       RSC Rules

    2. Schedule 2

       CCR Rules

56. Explanatory Note