The Civil Procedure Rules 1998

RSC ORDER 57 DIVISIONAL COURT PROCEEDINGS, ETC.: SUPPLEMENTARY PROVISIONS

Application

Rule 1—(1) Subject to paragraph (2) this Order shall apply to—

(a) any proceedings before a Divisional Court;

(b) any proceedings before a single Judge under Order 52, rule 2, Order 53, Order 54, or Order 79;

(c) any proceedings before a single Judge, being proceedings which consist of or relate to an appeal to the High Court from any Court, tribunal or person including an appeal by case stated and the reference of a question of law by way of case stated.

(2) The following rules of this Order shall not apply to an appeal from a county court to a single Judge under section 375 of the Insolvency Act 1986(1).

Entry of claims

Rule 2—(1) Every claim in proceedings to which this Order applies must be entered for hearing in the appropriate office; and entry shall be made when a copy of the claim form, and any other documents required to be lodged before entry, have been filed in that office.

(2) The party entering the claim for hearing must file in the appropriate office copies of the proceedings for the use of the Judges.

(3) Except where it relates to proceedings in the Admiralty Court every claim entered for hearing by a Divisional Court of the Queen’s Bench Division shall be entered in the Divisional Court list.

(4) In this rule “the appropriate office” means—

(a) in relation to proceedings in the Queen’s Bench Division (including the Admiralty Court) the Crown Office or the Admiralty and Commercial Registry, as the circumstances of the case require;

(b) in relation to proceedings in the Chancery Division, Chancery Chambers;

(c) in relation to proceedings in the Family Division, the principal registry of the Family Division.

Issue, etc., of claim form

Rule 3  A claim form by which any proceedings to which this Order applies are begun must be issued—

(a) in the case of proceedings in the Family Division, out of the principal registry of the Family Division; and

(b) in the case of any other proceedings, out of the Crown Office, Chancery Chambers or the Admiralty and Commercial Registry, as the circumstances of the case require.

Filing of witness statement or affidavits and drawing up of orders

Rule 4—(1) Every witness statement or affidavit used in proceedings to which this Order applies must be filed in the Crown Office, Chancery Chambers or the Admiralty and Commercial Registry, as the circumstances of the case require.

(2) Every order made in proceedings to which this Order applies in the Queen’s Bench Division shall be drawn up in the Crown Office or the Admiralty and Commercial Registry, as the circumstances of the case require, and a copy of any order made by a Judge sitting in private in any such proceedings must be filed in that office.

Filing of claim form

Rule 5  Every claim form must be filed in the Crown Office, Chancery Chambers or the principal registry of the Family Division, as the circumstances of the case require together with the return thereto and a copy of any order made thereon.

Custody of records

Rule 6  The master of the Crown Office or the Admiralty and Commercial Registry, as the circumstances of the case require shall have the custody of the records of or relating to proceedings in the Queen’s Bench Division to which this Order applies.

(1)

1986 c. 45.