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  • Sch. 2 CCR Order 27 Table of Contents word substituted by S.I. 2014/407 rule 39(a)(i) (This amendment not applied to legislation.gov.uk. Sch.2 CCR Order 27 does not have a Table of Contents.)
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  • rule 45.15A inserted by S.I. 2024/106 rule 9(4)
  • rule 25.1(n) word omitted by S.I. 2005/3515 rule 7(a)(i)
  • rule 26.9(10)(b)(ii)(iii) and words substituted for rule 26.9(10)(b)(ii) by S.I. 2024/106 rule 6(2)(a)(ii)
  • rule 26.9(10)(f) inserted by S.I. 2024/106 rule 6(2)(d)
  • rule 29.9(10)(b)(i) semicolon substituted by S.I. 2024/106 rule 6(2)(a)(i)
  • rule 45.1(9)(10) inserted by S.I. 2024/106 rule 9(2)(c)
  • rule 52.13(1)(a) words inserted by S.I. 2014/879 art. 76 (This amendment not applied to legislation.gov.uk. There is no rule 52.13(1)(a))
  • rule 54.8(4)(a)(i)(ii)(iii) rule 54.8(4)(a)(i)(ia)(ii) renumbered as rule 54.8(4)(a)(i)(ia)(iii) by S.I. 2024/106 rule 10(3)
  • rule 54.5(7) inserted by S.I. 2024/106 rule 10(2)(b)
  • rule 54.8A inserted by S.I. 2024/106 rule 10(4)
  • rule 81.4(e) words omitted by S.I. 2024/106 rule 11(2)(b)
  • rule 81.4(e) words substituted by S.I. 2024/106 rule 11(2)(a)

PART 2E+WAPPLICATION AND INTERPRETATION OF THE RULES

Contents of this Part

Application of the RulesRule 2.1
The glossaryRule 2.2
InterpretationRule 2.3
[F1Power to perform an act of the court]Rule 2.4
F2. . .F2. . .
Court staffRule 2.5
Court documents to be sealedRule 2.6
Court’s discretion as to where it deals with casesRule 2.7
TimeRule 2.8
Dates for compliance to be calendar dates and to include time of dayRule 2.9
Meaning of “month” in judgments, etc.Rule 2.10
Time limits may be varied by partiesRule 2.11

Textual Amendments

F1Words in Pt. 2 Table of Contents substituted (1.10.2022) by The Civil Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/783), rules 1(1), 3(1)(a)

F2Words in Pt. 2 Table of Contents omitted (1.10.2022) by virtue of The Civil Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/783), rules 1(1), 3(1)(b)

Application of the RulesE+W

2.1—(1) Subject to paragraph (2), these Rules apply to all proceedings in—

(a)[F3County Court];

(b)the High Court; and

(c)the Civil Division of the Court of Appeal.

(2) 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—

ProceedingsEnactments

1.  Insolvency proceedingsE+W

Insolvency Act 1986(1), ss.411 and 412

2.  Non-contentious or common form probate proceedingsE+W

Supreme Court Act 1981(2), s.127

3.  Proceedings in the High Court when acting as a Prize CourtE+W

Prize Courts Act 1894(3), s.3

[F44.   Proceedings before the Court of Protection E+W

Mental Capacity Act 2005, s.51]

5.  Family proceedingsE+W

 [F5Courts Act 2003, s.75]

[F66.  Adoption proceedings]E+W

 F7... [F8or Adoption and Children Act 2002, s.141] [F9or Courts Act 2003, s.75]

[F107.   Election petitions in the High Court] E+W

 [F11Representation of the People Act 1983, s.182]

[F12(3) These Rules apply to proceedings under—

(a)the Companies Act 1985(2);

(b)the Companies Act [F132006]; and

(c)other legislation relating to companies and limited liability partnerships,

subject to the provisions of the relevant practice direction which applies to those proceedings.]

Textual Amendments

F4Words in rule 2.1 Table substituted (1.10.2007) by The Civil Procedure (Amendment) Rules 2007 (S.I. 2007/2204), rules 1, 3(a)

F6Words in rule 2.1 Table inserted (26.4.1999) by The Civil Procedure (Amendment) Rules 1999 (S.I. 1999/1008), rules 1, 3(a)

F7Words in rule 2.1 Table omitted (6.4.2011) by virtue of The Family Procedure (Modification of Enactments) Order 2011 (S.I. 2011/1045), arts. 1, 18(b)(i) (with art. 39)

F8Words in rule 2.1 Table inserted (6.4.2006) by The Civil Procedure (Amendment No.4) Rules 2005 (S.I. 2005/3515), rules 1, 3

F13Word in rule 2.1(3)(b) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 3(1)

Commencement Information

I1Rule 2.1 in force at 26.4.1999, see Signature

The glossaryE+W

2.2—(1) 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.

(2) Subject to paragraph (3), words in these Rules which are included in the glossary are followed by “(GL)”.

(3) 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)”.

Commencement Information

I2Rule 2.2 in force at 26.4.1999, see Signature

InterpretationE+W

2.3—(1) In these Rules—

  • “child” has the meaning given by rule 21.1(2);

  • [F14“civil restraint order” means an order restraining a party—

    (a)

    from making any further applications in current proceedings (a limited civil restraint order);

    (b)

    from issuing certain claims or making certain applications in specified courts (an extended civil restraint order); or

    (c)

    from issuing any claim or making any application in specified courts (a general civil restraint order).]

  • “claim for personal injuries” means 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, and “personal injuries” includes any disease and any impairment of a person’s physical or mental condition;

  • “claimant” means a person who makes a claim;

  • “CCR” is to be interpreted in accordance with Part 50;

  • “court officer” means a member of the court staff;

  • “defendant” means a person against whom a claim is made;

  • [F15“defendant’s home court” means—

    (a)

    [F16if a claim is proceeding in the County Court, the County Court hearing centre serving the address where the defendant resides or carries on business; and]

    (b)

    if the claim is proceeding in the High Court, the district registry for the district in which the defendant resides or carries on business or, where there is no such district registry, the Royal Courts of Justice;]

    F17...

  • F18...

  • [F19“filing” means delivering a document or information, by post or otherwise, to the court office;]

  • “judge” means, unless the context otherwise requires, a judge, Master or [F20District Judge] or a person authorised to act as such;

  • [F21‘judge of the County Court’ has the meaning given in section 5 of the County Courts Act 1984;]

  • “jurisdiction” means, unless the context otherwise requires, England and Wales and any part of the territorial waters of the United Kingdom adjoining England and Wales;

  • [F22“justices’ legal adviser” means a person nominated by the Lord Chancellor who is authorised to exercise functions under section 28(1) of the Courts Act 2003;]

  • [F23“legal representative” means a—

    (a)

    barrister;

    (b)

    solicitor;

    (c)

    solicitor’s employee;

    (d)

    manager of a body recognised under section 9 of the Administration of Justice Act 1985; or

    (e)

    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),

    who has been instructed to act for a party in relation to proceedings;]

  • “litigation friend” has the meaning given by Part 21;

  • [F24“MyHMCTS” means the online case management tool managed by [F25His Majesty’s] Courts and Tribunals Service;]

  • [F26‘preferred hearing centre’ means, if the claim is proceeding in the County Court, the County Court hearing centre the claimant has specified in practice form N1 as the hearing centre to which the proceedings should be sent if necessary;]

  • “[F27protected party]” has the meaning given by rule 21.1(2);

  • “RSC” is to be interpreted in accordance with Part 50;

  • “statement of case”—

    (a)

    means a claim form, particulars of claim where these are not included in a claim form, defence, [F28counterclaim or other additional claim], or reply to defence; and

    (b)

    includes any further information given in relation to them voluntarily or by court order under rule 18.1;

  • “statement of value” is to be interpreted in accordance with rule 16.3;

  • “summary judgment” is to be interpreted in accordance with Part 24[F29;]

  • [F30“tape recorded” includes (as do references to tape recording and tape recorders) recording by the use or means of any other instrument or device.]

[F31(1A) Unless the contrary is indicated, a definition that applies to a Part of these Rules applies also to a practice direction supplementing that Part.]

(2) A reference to a “specialist list” is a reference to a list(GL)that has been designated as such by a [F32rule or] practice direction.

(3) Where the context requires, a reference to “the court” means a reference to [F33the County Court], a [F34District Registry], or the Royal Courts of Justice.

Textual Amendments

F15Words in rule 2.3(1) substituted (2.10.2000) by The Civil Procedure (Amendment No. 4) Rules 2000 (S.I. 2000/2092), rules 1, 3

F17Words in rule 2.3(1) omitted (1.10.2022) by virtue of The Civil Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/783), rules 1(1), 3(3)(a)

F27Words in rule 2.3(1) substituted (1.10.2007) by The Civil Procedure (Amendment) Rules 2007 (S.I. 2007/2204), rules 1, 3(b)

F29Rule 2.3(1): semicolon substituted for full stop (1.10.2021) by The Civil Procedure (Amendment No. 4) Rules 2021 (S.I. 2021/855), rules 1(1), 3(a)

Commencement Information

I3Rule 2.3 in force at 26.4.1999, see Signature

[F35Power to perform an act of the court]E+W

2.4—[F36(1)] 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—

(a)in relation to proceedings in the High Court, by any judge, Master [F37, Registrar in Bankruptcy] or [F20District Judge] of that Court; and

(b)in relation to proceedings in [F38the County Court], by any judge [F39of the County Court].

[F40(2)] 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.

Textual Amendments

Commencement Information

I4Rule 2.4 in force at 26.4.1999, see Signature

F41...E+W

F422.4A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Court staffE+W

2.5—(1) 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.

(2) 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.

(Rule 3.2 allows a court officer to refer [F43a matter for judicial decision] taking any step)

Textual Amendments

Commencement Information

I5Rule 2.5 in force at 26.4.1999, see Signature

Court documents to be sealedE+W

2.6—(1) The court must seal(GL) the following documents on issue—

(a)the claim form; and

(b)any other document which a rule or practice direction requires it to seal.

[F44(2) The court may place the seal on the document by hand, by printing or electronically.]

(3) A document [F45appearing] to bear the court’s seal(GL) shall be admissible in evidence without further proof.

Textual Amendments

Commencement Information

I6Rule 2.6 in force at 26.4.1999, see Signature

Court’s discretion as to where it deals with casesE+W

2.7  The court may deal with a case at any place that it considers appropriate.

Commencement Information

I7Rule 2.7 in force at 26.4.1999, see Signature

TimeE+W

2.8—(1) This rule shows how to calculate any period of time for doing any act which is specified—

(a)by these Rules;

(b)by a practice direction; or

(c)by a judgment or order of the court.

(2) A period of time expressed as a number of days shall be computed as clear days.

(3) In this rule “clear days” means that in computing the number of days—

(a)the day on which the period begins; and

(b)if the end of the period is defined by reference to an event, the day on which that event occurs,

are not included.

Examples

(i)Notice of an application must be served at least 3 days before the hearing.

  • An application is [F46listed] to be heard on Friday 20 October.

  • The last date for service is Monday 16 October.

(ii)The court is to fix a date for a hearing.

  • The hearing must be at least 28 days after the date of notice.

  • If the court gives notice of the date of the hearing on 1 October, the earliest date for the hearing is 30 October.

(iii)Particulars of claim must be served within 14 days of service of the claim form.

  • The claim form is served on 2 October.

  • The last day for service of the particulars of claim is 16 October.

(4) Where the specified period—

(a)is 5 days or less; and

(b)includes—

(i)a Saturday or Sunday; or

(ii)a Bank Holiday, Christmas Day or Good Friday,

that day does not count.

Example

  • Notice of an application must be served at least 3 days before the hearing.

  • An application is to be heard on Monday 20 October.

  • The last date for service is Tuesday 14 October.

(5) [F47Subject to the provisions of Practice Direction 5C, when the period specified—]

(a)by these Rules or a practice direction; or

(b)by any judgment or court order,

for doing any act at the court office ends on a day on which the office is closed, that act shall be in time [F48under these rules] if done on the next day on which the court office is open.

Textual Amendments

Modifications etc. (not altering text)

C7Rule 2.8 applied in part (31.1.2019) by The Education Administration Rules 2018 (S.I. 2018/1135), rules 1, 7.1(1) (with rule 1.2)

Commencement Information

I8Rule 2.8 in force at 26.4.1999, see Signature

Dates for compliance to be calendar dates and to include time of dayE+W

2.9—(1) 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—

(a)be expressed as a calendar date; and

(b)include the time of day by which the act must be done.

(2) 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.

Commencement Information

I9Rule 2.9 in force at 26.4.1999, see Signature

Meaning of “month” in judgments, etc.E+W

2.10  Where “month” occurs in any judgment, order, direction or other document, it means a calendar month.

Commencement Information

I10Rule 2.10 in force at 26.4.1999, see Signature

Time limits may be varied by partiesE+W

2.11  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), [F4928.3 (variation of case management timetable – fast track and intermediate track)] and 29.5 (variation of case management timetable—multi-track) provide for time limits that cannot be varied by agreement between the parties)

Textual Amendments

Commencement Information

I11Rule 2.11 in force at 26.4.1999, see Signature

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