The Civil Procedure Rules 1998
PART 1OVERRIDING OBJECTIVE
1.1The overriding objective
1.2Application by the court of the overriding objective
1.3Duty of the parties
1.4Court’s duty to manage cases
1.5The Welsh language
1.6Participation of vulnerable parties or witnesses
PART 2APPLICATION AND INTERPRETATION OF THE RULES
2.1Application of the Rules
2.2The glossary
2.3Interpretation
2.4Power to perform an act of the court
2.4A...
2.5Court staff
2.6Court documents to be sealed
2.7Court’s discretion as to where it deals with cases
2.8Time
2.9Dates for compliance to be calendar dates and to include time of day
2.10Meaning of “month” in judgments, etc.
2.11Time limits may be varied by parties
PART 3THE COURT'S CASE AND COSTS MANAGEMENT POWERS
SECTION ICase Management
3.1The court’s general powers of management
3.1ACase management – unrepresented parties
3.2Court officer’s power to refer to a judge
3.3Court’s power to make order of its own initiative
3.4Power to strike out a statement of case
3.5Judgment without trial after striking out
3.5AJudgment without trial after striking out a claim in the Civil National Business Centre
3.6Setting aside judgment entered after striking out
3.6AIf— (a) a party against whom judgment has been entered...
3.7Sanctions for non—payment of certain fees by the claimant
3.7A1Sanctions for non-payment of the trial fee by the claimant
3.7ASanctions for non-payment of certain fees by the defendant
3.7AASanctions for non-payment of the trial fee by the defendant, where proceedings continue on the counterclaim alone
3.7BSanctions for dishonouring cheque
3.8Sanctions have effect unless defaulting party obtains relief
3.9Relief from sanctions
3.10General power of the court to rectify matters where there has been an error of procedure
3.11Orders restraining civil proceedings
SECTION IICosts Management
3.12Application of this Section and the purpose of costs management
3.13Filing and exchanging budgets and budget discussion reports
3.14Failure to file a budget
3.15Costs management orders
3.15ARevision and variation of costs budgets on account of significant developments (“variation costs”)
3.16Costs management conferences
3.17Court to have regard to budgets and to take account of costs
3.18Assessing costs on the standard basis where a costs management order has been made
SECTION IIICosts Capping
3.19Costs capping orders – General
3.20Application for a costs capping order
3.21Application to vary a costs capping order
PART 4FORMS
4(1) Forms approved by the Civil Procedure Rule Committee, as...
PART 5COURT DOCUMENTS
5.1Scope of this Part
5.2Preparation of documents
5.3Signature of documents by mechanical means
5.4Register of claims
5.4ASupply of documents to Attorney-General from court records
5.4BSupply of documents to a party from court records
5.4CSupply of documents to a non-party from court records
5.4DSupply of documents from court records - general
5.5Filing and sending documents
5.6Documents in the Welsh language
PART 6SERVICE OF DOCUMENTS
I SCOPE OF THIS PART AND INTERPRETATION
6.1Part 6 rules about service apply generally
6.2Interpretation
II SERVICE OF THE CLAIM FORM IN THE JURISDICTION OR IN SPECIFIED CIRCUMSTANCES WITHIN THE EEA
6.3Methods of service
6.4Who is to serve the claim form
6.5Personal service
6.6Where to serve the claim form – general provisions
6.7Service on a solicitor ... within the United Kingdom ...
6.8Service of the claim form where before service the defendant gives an address at which the defendant may be served
6.9Service of the claim form where the defendant does not give an address at which the defendant may be served
6.10Service of the claim form in proceedings against the Crown
6.11Service of the claim form by contractually agreed method
6.12Service of the claim form relating to a contract on an agent of a principal who is out of the jurisdiction
6.13Service of the claim form on children and protected parties
6.14Deemed service
6.15Service of the claim form by an alternative method or at an alternative place
6.16Power of court to dispense with service of the claim form
6.17Notice and certificate of service relating to the claim form
6.18Notification of outcome of postal service by the court
6.19Notice of non-service by bailiff
III SERVICE OF DOCUMENTS OTHER THAN THE CLAIM FORM IN THE UNITED KINGDOM OR IN SPECIFIED CIRCUMSTANCES WITHIN THE EEA
6.20Methods of service
6.21Who is to serve
6.22Personal service
6.23Address for service to be given after proceedings are started
6.24Change of address for service
6.25Service on children and protected parties
6.26Deemed Service
6.27Service by an alternative method or at an alternative place
6.28Power to dispense with service
6.29Certificate of service
IV SERVICE OF THE CLAIM FORM AND OTHER DOCUMENTS OUT OF THE JURISDICTION
6.30Scope of this Section
6.31Interpretation
6.32Service of the claim form where the permission of the court is not required - Scotland and Northern Ireland
6.33Service of the claim form where the permission of the court is not required - out of the United Kingdom
6.34Notice of statement of grounds where the permission of the court is not required for service
6.35Period for responding to the claim form where permission was not required for service
6.36Service of the claim form where the permission of the court is required
6.37Application for permission to serve the claim form out of the jurisdiction
6.38Service of documents other than the claim form - permission
6.39Service of application notice on a non-party to the proceedings
6.40Methods of service - general provisions
6.41Service in accordance with the Service Regulation
6.42Service through foreign governments, judicial authorities and British Consular authorities
6.43Procedure where service is to be through foreign governments, judicial authorities and British Consular authorities
6.44Service of claim form or other document on a State
6.45Translation of claim form or other document
6.46Undertaking to be responsible for expenses
6.47Proof of service before obtaining judgment
V SERVICE OF DOCUMENTS FROM FOREIGN COURTS OR TRIBUNALS
6.48Scope of this Section
6.49Interpretation
6.50Request for service
6.51Method of service
6.52After service
PART 7HOW TO START PROCEEDINGS—THE CLAIM FORM
7.1Where to start proceedings
7.1AClaims against Welsh public bodies to be issued and heard in Wales
7.1BClaims against Welsh public bodies to be forwarded for issue in Wales
7.2How to start proceedings
7.2APractice Direction 7A makes provision for procedures to be followed...
7.3Right to use one claim form to start two or more claims
7.4Particulars of claim
7.5Service of a claim form
7.6Extension of time for serving a claim form
7.7Application by defendant for service of claim form
7.8Form for defence etc. must be served with particulars of claim
7.9Fixed date and other claims
7.10Production Centre for claims
7.11Human Rights
7.12Electronic issue of claims
PART 8ALTERNATIVE PROCEDURE FOR CLAIMS
8.1Types of claim in which the Part 8 procedure is used
8.2Contents of the claim form
8.2AIssue of claim form without naming defendants
8.3Acknowledgment of service
8.4Consequence of not filing an acknowledgment of service
8.5Filing and serving written evidence
8.6Evidence—general
8.7Counterclaims and other additional claims
8.8Procedure where defendant objects to use of the Part 8 procedure
8.9Modifications to the general rules
PART 9RESPONDING TO PARTICULARS OF CLAIM—GENERAL
9.1Scope of this Part
9.2Defence, admission or acknowledgment of service
PART 10ACKNOWLEDGMENT OF SERVICE
10.1Acknowledgment of service
10.2Consequence of not filing an acknowledgment of service
10.3The period for filing an acknowledgment of service
10.4Notice to claimant that defendant has filed an acknowledgment of service
10.5Contents of acknowledgment of service
10.6Amendment or withdrawal of an acknowledgment of service
PART 11DISPUTING THE COURT'S JURISDICTION
11Procedure for disputing the court’s jurisdiction
PART 12DEFAULT JUDGMENT
12.1Meaning of ‘default judgment’
12.2Claims in which default judgment may not be obtained
12.3Conditions to be satisfied
12.4Procedure for obtaining default judgment
12.5Nature of judgment where default judgment obtained by filing a request
12.6County Court Money Claims
12.7Interest
12.8Procedure for deciding an amount or value
12.9Claim against more than one defendant
12.10Procedure for obtaining a default judgment for costs only
12.11Default judgment obtained by making an application
12.12Supplementary provisions where applications for default judgment are made
PART 13SETTING ASIDE OR VARYING DEFAULT JUDGMENT
13.1Scope of this Part
13.2Cases where the court must set aside judgment entered under Part 12
13.3Cases where the court may set aside or vary judgment entered under Part 12
13.4Application to set aside or vary judgment—procedure
13.5Claimant’s duty to apply to set aside judgment
13.6Abandoned claim restored where default judgment set aside
PART 14ADMISSIONS
14.1Admissions made before commencement of proceedings
14.2Admissions made after commencement of proceedings
14.3Admissions made under the RTA Protocol, the EL/PL Protocol or the RTA Small Claims Protocol
14.4Application for judgment on admission
14.5Application for permission to withdraw admission
14.6Time to pay
14.7Request for judgment for an amount of money to be decided by the court – claims in the Civil National Business Centre
PART 15DEFENCE AND REPLY
15.1Part not to apply where claimant uses Part 8 procedure
15.2Filing a defence
15.3Consequence of not filing a defence
15.4The period for filing a defence
15.5Agreement extending the period for filing a defence
15.6Service of copy of defence
15.7Making a counterclaim
15.8Reply to defence and defence to counterclaim
15.9No statement of case after a reply to be filed without court’s permission
15.10Claimant’s notice where defence is that money claimed has been paid
15.11Claim stayed if it is not defended or admitted
PART 16STATEMENTS OF CASE
16.1Part not to apply where claimant uses Part 8 procedure
16.2Contents of the claim form
16.3Statement of value to be included in the claim form
16.4Contents of the particulars of claim
16.5Contents of defence
16.6Defence of set-off
16.7Reply to defence
16.8Court’s power to dispense with statements of case
PART 17AMENDMENTS TO STATEMENTS OF CASE
17.1Amendments to statements of case
17.2Power of court to disallow amendments made without permission
17.3Amendments to statements of case with the permission of the court
17.4Amendments to statements of case after the end of a relevant limitation period
PART 18FURTHER INFORMATION
18.1Obtaining further information
18.2Restriction on the use of further information
PART 19PARTIES AND GROUP LITIGATION
19.1Parties—general
I ADDITION AND SUBSTITUTION OF PARTIES
19.2Change of parties—general
19.3Provisions applicable where two or more persons are jointly entitled to a remedy
19.4Procedure for adding and substituting parties
Human Rights
19.4ASection 4 of the Human Rights Act 1998
19.5Human Rights
19.5ASpecial rules about parties in claims for wrongful interference with goods
19.6Special provisions about adding or substituting parties after the end of a relevant limitation period
19.7Special rules about parties in claims for wrongful interference with goods
II REPRESENTATIVE PARTIES
19.7ARepresentation of beneficiaries by trustees etc.
19.7BPostal Services Act 2000 (c. 26)
19.8Representative parties with same interest
19.8APower to make judgments binding on non-parties
19.9Representation of interested persons who cannot be ascertained etc.
19.9ADerivative claims under Chapter 1 of Part 11 of the Companies Act 2006 – application for permission
19.9BDerivative claims under Chapter 1 of Part 11 of the Companies Act 2006 – members of companies taking over claims by companies or other members
19.9CDerivative claims – other bodies corporate and trade unions
19.9DDerivative claims arising in the course of other proceedings
19.9EDerivative claims – costs
19.9FDerivative claims – discontinuance and settlement
19.10Representation of beneficiaries by trustees etc.
19.11Postal Services Act 2000
19.12Death
19.13Power to make judgments binding on non-parties
19.14Derivative claims– how started
19.15Derivative claims under Chapter 1 of Part 11 of the Companies Act 2006 – application for permission
19.16Derivative claims under Chapter 1 of Part 11 of the Companies Act 2006 – members of companies taking over claims by companies or other members
19.17Derivative claims – other bodies corporate and trade unions
19.18Derivative claims arising in the course of other proceedings
19.19Derivative claims – costs
19.20Derivative claims – discontinuance and settlement
III GROUP LITIGATION
19.21Definition
19.22Group Litigation Order
19.23Effect of the GLO
19.24Case management
19.25Removal from the register
19.26Test claims
PART 20COUNTERCLAIMS AND OTHER ADDITIONAL CLAIMS
20.1Purpose of this Part
20.2Scope and interpretation
20.3Application of these Rules to additional claims
20.4Defendant’s counterclaim against the claimant
20.5Counterclaim against a person other than the claimant
20.6Defendant’s additional claim for contribution or indemnity from another party
20.7Procedure for making any other additional claim
20.8Service of claim form
20.9Matters relevant to question of whether an additional claim should be separate from the claim
20.10Effect of service of an additional claim
20.11Special provisions relating to default judgment on an additional claim other than a counterclaim or a contribution or indemnity notice
20.12Procedural steps on service of an additional claim form on a non-party
20.13Case management where a defence to an additional claim is filed
PART 21CHILDREN AND PROTECTED PARTIES
21.1Scope of this Part
21.2Requirement for a litigation friend in proceedings by or against children and protected parties
21.3Stage of proceedings at which a litigation friend becomes necessary
21.4Who may be a litigation friend without a court order
21.5How a person becomes a litigation friend without a court order
21.6How a person becomes a litigation friend by court order
21.7Court’s power to change a litigation friend and to prevent person acting as a litigation friend
21.8Appointment of a litigation friend by court order – supplementary
21.9Procedure where appointment of a litigation friend ceases
21.10Compromise etc. by or on behalf of a child or protected party
21.11Control of money recovered by or on behalf of a child or protected party
21.12Costs and expenses incurred by a litigation friend
21.13Appointment of a guardian of a child’s estate
PART 22STATEMENTS OF TRUTH
22.1Documents to be verified by a statement of truth
22.2Failure to verify a statement of case
22.3Failure to verify a witness statement
22.4Power of the court to require a document to be verified
PART 23GENERAL RULES ABOUT APPLICATIONS FOR COURT ORDERS
23.1Definitions
23.2Where to make an application
23.3Application notice to be filed
23.4Notice of an application
23.5Time when an application is made
23.6What an application notice must include
23.7Service of a copy of an application notice
23.8Applications which may be dealt with without a hearing
23.9Service of order and application where application made without notice
23.10Application to set aside or vary order made without notice
23.11Power of the court to proceed in the absence of a party
23.12Applications that are totally without merit
PART 24SUMMARY JUDGMENT
24.1Scope of this Part
24.2Types of proceedings in which summary judgment is available
24.3Grounds for summary judgment
24.4Timing of applications and hearing
24.5Application notice and evidence
24.6Disposal of applications
PART 25INTERIM REMEDIES AND SECURITY FOR COSTS
I INTERIM REMEDIES
25.1Orders for interim remedies
25.2Time when an order for an interim remedy may be made
25.3How to apply for an interim remedy
25.4Application for an interim remedy where there is no related claim
25.5Inspection of property before commencement or against a non-party
25.6Interim payments—general procedure
25.7Interim payments—conditions to be satisfied and matters to be taken into account
25.8Powers of court where it has made an order for interim payment
25.9Restriction on disclosure of an interim payment
25.10Interim injunction to cease if claim is stayed
25.11Interim injunction to cease after 14 days if claim or counterclaim struck out for non-payment of fees
II SECURITY FOR COSTS
25.12Security for costs
25.13Conditions to be satisfied
25.14Security for costs other than from the claimant
25.15Security for costs of an appeal
PART 26CASE MANAGEMENT – PRELIMINARY STAGE
26.1Scope of this Part
26.2Automatic transfer in the High Court
26.3Transfer of money claims within the County Court
26.4Directions questionnaire
26.5Stay to allow for settlement of the case
26.6Referral to the Mediation Service
26.7Allocation and assignment
26.8Proceedings under Practice Direction 27B
26.9Scope of each track
26.10Road traffic accident related personal injury claims
26.11Children and protected parties
26.12Allocation - general
26.13Matters relevant to allocation to a track
26.14Assignment within the fast track and the intermediate track
26.15Assignment within the fast track
26.16Assignment within the intermediate track
26.17Notice of allocation and assignment
26.18Reallocation and reassignment
26.19Trial with a jury
PART 27THE SMALL CLAIMS TRACK
27.1Scope of this Part
27.2Extent to which other Parts apply
27.3Court’s power to grant a final remedy
27.4Preparation for the hearing
27.5Experts
27.6Preliminary hearing
27.7Power of court to add to, vary or revoke directions
27.8Conduct of the hearing
27.9Non-attendance of parties at a final hearing
27.10Disposal without a hearing
27.11Setting judgment aside and re-hearing
27.12Right of appeal under Part 27
27.13Procedure for making an appeal
27.14Costs on the small claims track
27.15Claim re-allocated from the small claims track to another track
PART 28THE FAST TRACK AND THE INTERMEDIATE TRACK
SECTION IGeneral Provisions Applying to Both Fast Track and Intermediate Track
28.1Scope of this Part
28.2General provisions
28.3Variation of case management timetable
28.4Pre-trial check list (listing questionnaire)
28.5Fixing or confirming the trial date and giving directions
28.6Conduct of trial
SECTION IIProvisions Applying Only to Cases Allocated to the Fast Track
28.7Directions
28.8Costs
SECTION IIIProvisions Applying Only to Noise Induced Hearing Loss Cases Allocated to the Fast Track
28.9Directions
28.10Limitation
28.11Costs
SECTION IVProvisions Applying Only to Cases Allocated to the Intermediate Track
28.12Case management conference
28.13Agreement of directions
28.14Directions
28.15Costs
PART 29THE MULTI-TRACK
29.1Scope of this Part
29.2Case management
29.3Case management conference and pre-trial review
29.4Steps taken by the parties
29.5Variation of case management timetable
29.6Pre-trial check list (listing questionnaire)
29.7Pre-trial review
29.8Setting a trial timetable and ... confirming the trial date or week
29.9Conduct of trial
PART 30TRANSFER
30.1Scope of this Part
30.2Transfer within the County Court and the High Court
30.3Criteria for a transfer order
30.4Procedure
30.5Transfer between Divisions and to and from a specialist list
30.6Power to specify place where hearings are to be held
30.7Transfer of control of money in court
30.8Transfer of competition law claims
PART 31DISCLOSURE AND INSPECTION OF DOCUMENTS
31.1Scope of this Part
31.2Meaning of disclosure
31.3Right of inspection of a disclosed document
31.4Meaning of document
31.5Disclosure ...
31.6Standard disclosure—what documents are to be disclosed
31.7Duty of search
31.8Duty of disclosure limited to documents which are or have been in party’s control
31.9Disclosure of copies
31.10Procedure for standard disclosure
31.11Duty of disclosure continues during proceedings
31.12Specific disclosure or inspection
31.13Disclosure in stages
31.14Documents referred to in statements of case etc.
31.15Inspection and copying of documents
31.16Disclosure before proceedings start
31.17Orders for disclosure against a person not a party
31.18Rules not to limit other powers of the court to order disclosure
31.19Claim to withhold inspection or disclosure of a document
31.20Restriction on use of a privileged document inspection of which has been inadvertently allowed
31.21Consequence of failure to disclose documents or permit inspection
31.22Subsequent use of disclosed documents and completed Electronic Documents Questionnaires
31.23False, disclosure statements
PART 32EVIDENCE
32.1Power of court to control evidence
32.2Evidence of witnesses—general rule
32.3Evidence by video link or other means
32.4Requirement to serve witness statements for use at trial
32.5Use at trial of witness statements which have been served
32.6Evidence in proceedings other than at trial
32.7Order for cross-examination
32.8Form of witness statement
32.9Witness summaries
32.10Consequence of failure to serve witness statement or summary
32.11Cross-examination on a witness statement
32.12Use of witness statements for other purposes
32.13Availability of witness statements for inspection
32.14False statements
32.15Affidavit evidence
32.16Form of affidavits
32.17Affidavit made outside the jurisdiction
32.18Notice to admit facts
32.19Notice to admit or produce documents
32.20Notarial acts and instruments
PART 33MISCELLANEOUS RULES ABOUT EVIDENCE
33.1Introductory
33.2Notice of intention to rely on hearsay evidence
33.3Circumstances in which notice of intention to rely on hearsay evidence is not required
33.4Power to call witness for cross-examination on hearsay evidence
33.5Credibility
33.6Use of plans, photographs and models as evidence
33.7Evidence of finding on question of foreign law
33.8Evidence of consent of trustee to act
33.9Human Rights
PART 34WITNESSES, DEPOSITIONS AND EVIDENCE FOR FOREIGN COURTS
I WITNESSES AND DEPOSITIONS
34.1Scope of this Section
34.2Witness summonses
34.3Issue of a witness summons
34.4Witness summons in aid of inferior court or of tribunal
34.5Time for serving a witness summons
34.6Who is to serve a witness summons
34.7Right of witness to travelling expenses and compensation for loss of time
34.7AFines imposed under section 55 of the County Courts Act 1984
34.8Evidence by deposition
34.9Conduct of examination
34.10Enforcing attendance of witness
34.11Use of deposition at a hearing
34.12Restrictions on subsequent use of deposition taken for the purpose of any hearing except the trial
34.13Where a person to be examined is out of the jurisdiction—letter of request
34.13ALetter of request – Proceeds of Crime Act 2002
34.14Fees and expenses of examiner of the court
34.15Examiners of the court
II—EVIDENCE FOR FOREIGN COURTS
34.16Scope and interpretation
34.17Application for order
34.18Examination
34.19Dealing with deposition
34.20Claim to privilege
34.21Order under 1975 Act as applied by Patents Act 1977
III TAKING OF EVIDENCE—MEMBER STATES OF THE EUROPEAN UNION
34.22Interpretation
34.23Where a person to be examined is in another Regulation State
34.24Evidence for courts of other Regulation States
PART 35EXPERTS AND ASSESSORS
35.1Duty to restrict expert evidence
35.2Interpretation and definitions
35.3Experts—overriding duty to the court
35.4Court’s power to restrict expert evidence
35.5General requirement for expert evidence to be given in a written report
35.6Written questions to experts
35.7Court’s power to direct that evidence is to be given by a single joint expert
35.8Instructions to a single joint expert
35.9Power of court to direct a party to provide information
35.10Contents of report
35.11Use by one party of expert’s report disclosed by another
35.12Discussions between experts
35.13Consequence of failure to disclose expert’s report
35.14Expert’s right to ask court for directions
35.15Assessors
PART 36OFFERS TO SETTLE
36.1Scope of this Part
SECTION IPart 36 Offers to Settle
GENERAL
36.2Scope of this Section
36.3Definitions
36.4Application of Part 36 to appeals
MAKING OFFERS
36.5Form and content of a Part 36 offer
36.6Part 36 offers – defendant’s offer
36.7Time when a Part 36 offer is made
CLARIFYING, WITHDRAWING AND CHANGING THE TERMS OF OFFERS
36.8Clarification of a Part 36 offer
36.9Withdrawing or changing the terms of a Part 36 offer generally
36.10Withdrawing or changing the terms of a Part 36 offer before the expiry of the relevant period
ACCEPTING OFFERS
36.11Acceptance of a Part 36 offer
36.12Acceptance of a Part 36 offer in a split-trial case
36.13Costs consequences of acceptance of a Part 36 offer
36.14Other effects of acceptance of a Part 36 offer
36.15Acceptance of a Part 36 offer made by one or more, but not all, defendants
UNACCEPTED OFFERS
36.16Restriction on disclosure of a Part 36 offer
36.17Costs consequences following judgment
PERSONAL INJURY CLAIMS
36.18Personal injury claims for future pecuniary loss
36.19Offer to settle a claim for provisional damages
36.20Deduction of benefits and lump sum payments
MISCELLANEOUS
36.21Cases in which the offeror’s costs have been limited to court fees
SECTION IIClaims to Which Sections VI, VII, or VIII of Part 45 Apply
36.22Scope of this Section and definitions
36.23Costs consequences of acceptance of a Part 36 offer
36.24Costs consequences following judgment
SECTION IIIRTA Protocol and EL/PL Protocol Offers to Settle
36.25Scope of this Section
36.26Form and content of a Protocol offer
36.27Time when a Protocol offer is made
36.28General provisions
36.29Restrictions on the disclosure of a Protocol offer
36.30Costs consequences following judgment
36.31Deduction of benefits
PART 37MISCELLANEOUS PROVISIONS ABOUT PAYMENTS INTO COURT
37.1Money paid into court under a court order
37.2Money paid into court where defendant wishes to rely on a defence of tender before claim
37.3Payment out of money paid into court
37.4Payment into court under enactments
PART 38DISCONTINUANCE
38.1Scope of this Part
38.2Right to discontinue claim
38.3Procedure for discontinuing
38.4Right to apply to have notice of discontinuance set aside
38.5When discontinuance takes effect where permission of the court is not needed
38.6Liability for costs
38.7Discontinuance and subsequent proceedings
38.8Stay of remainder of partly discontinued proceedings where costs not paid
PART 39MISCELLANEOUS PROVISIONS RELATING TO HEARINGS
39.1Interpretation
39.2General rule—hearing to be in public
39.3Failure to attend the trial
39.4Timetable for trial
39.5Trial bundles
39.6Representation at trial of companies or other corporations
39.7Impounded documents
39.8Communications with the court
39.9Recording and transcription of proceedings
39.10Discontinuance and settlement
PART 40JUDGMENTS, ORDERS, SALE OF LAND ETC
I JUDGMENTS AND ORDERS
40.1Scope of this section
40.2Standard requirements
40.3Drawing up and filing of judgments and orders
40.4Service of judgments and orders
40.5Power to require judgment or order to be served on a party as well as his solicitor
40.6Consent judgments and orders
40.7When judgment or order takes effect
40.8Time from which interest begins to run
40.8AStay of execution and other relief
40.9Who may apply to set aside or vary a judgment or order
40.9ACounty Court judgments and orders - variation of payment
40.10Judgment against a State in default of acknowledgment of service
40.11Time for complying with a judgment or order
40.12Correction of errors in judgments and orders
40.13Cases where court gives judgment both on claim and counterclaim
40.13ACounty Court set-off of cross-judgments
40.14Judgment in favour of certain part owners relating to the detention of goods
40.14ACounty Court certificate of judgment
40.14BOrder of appeal court
II SALE OF LAND ETC. AND CONVEYANCING COUNSEL
40.15Scope of this Section
40.16Power to order sale etc.
40.17Power to order delivery up of possession etc.
40.18Reference to conveyancing counsel
40.19Party may object to report
III DECLARATORY JUDGMENTS
40.20The court may make binding declarations whether or not any...
PART 41DAMAGES
I – PROCEEDINGS TO WHICH SECTION 32A OF THE SUPREME COURT ACT 1981 OR SECTION 51 OF THE COUNTY COURTS ACT 1984 APPLIES
41.1Application and definitions
41.2Order for an award of provisional damages
41.3Application for further damages
IA APPORTIONMENT IN FATALITY CASES
41.3AApportionment in fatality cases
II – PERIODICAL PAYMENTS UNDER THE DAMAGES ACT 1996
41.4Scope and interpretation
41.5Statement of case
41.6Court’s indication to parties
41.7Factors to be taken into account
41.8The award
41.9Continuity of payment
41.10Assignment or charge
PART 42CHANGE OF SOLICITOR
42.1Solicitor acting for a party
42.2Change of solicitor—duty to give notice
42.3Order that a solicitor has ceased to act
42.4Removal of solicitor who has ceased to act on application of another party
PART 43SCOPE OF COST RULES AND DEFINITIONS
43.1Scope of this Part
43.2Definitions and application
43.3Meaning of summary assessment
43.4Meaning of detailed assessment
PART 44General Rules about Costs
SECTION IGeneral
44.1Interpretation and application
44.2Court’s discretion as to costs
44.3Basis of assessment
44.4Factors to be taken into account in deciding the amount of costs
44.5Amount of costs where costs are payable under a contract
44.6Procedure for assessing costs
44.7Time for complying with an order for costs
44.8Legal representative’s duty to notify the party
44.9Cases where costs orders deemed to have been made
44.10Where the court makes no order for costs
44.11Court’s powers in relation to misconduct
44.12Set Off
SECTION IIQualified One-Way Costs Shifting
44.13Qualified one-way costs shifting: scope and interpretation
44.14Effect of qualified one-way costs shifting
44.15Exceptions to qualified one-way costs shifting where permission not required
44.16Exceptions to qualified one-way costs shifting where permission required
44.17Transitional provision
SECTION IIIDamages-Based Agreements
44.18Award of costs where there is a damages-based agreement
PART 45FIXED COSTS
SECTION IGeneral Provisions
45.1Scope of this Part
45.2VAT
45.3Additional costs for work in specified areas (‘London weighting’)
45.4Litigants in person
45.5Entitlement to costs – more than one claimant
45.6Defendants’ costs
45.7Counterclaims
45.8Pre-action and interim applications
45.9Claims for an amount of costs exceeding fixed recoverable costs
45.10Claims for an amount of costs exceeding fixed recoverable costs – vulnerability
45.11Failure to achieve costs greater than fixed recoverable costs
45.12Costs of the costs-only proceedings or the detailed assessment
45.13Unreasonable behaviour
45.14Costs consequences on reconsideration of track or complexity band
45.15Costs consequences where rules 36.23 or 36.24 apply
45.15ARestoration proceedings
SECTION IICommencement, Entry of Judgment and Enforcement
45.16Scope and application
45.17Amount of fixed commencement costs in a claim for the recovery of money or goods
45.18When defendant only liable for fixed commencement costs
45.19Fixed costs on entry of judgment in a claim for the recovery of money or goods
45.20Amount of fixed commencement costs in a claim for the recovery of land (including possession) or a demotion claim or prohibited conduct standard contract claim (Wales)
45.21Fixed costs on entry of judgment in a claim for the recovery of land (including possession) or a demotion claim or prohibited conduct standard contract claim (Wales)
45.22Miscellaneous fixed costs
45.23Fixed costs of enforcement
SECTION IIIHM Revenue and Customs
45.24Scope, application and interpretation
45.25Amount of fixed commencement costs in a County Court claim for the recovery of money conducted by an HMRC Officer
45.26Fixed costs on entry of judgment in a County Court claim for recovery of money conducted by an HMRC Officer
SECTION IVThe Pre-Action Protocols for Low Value Personal Injury Claims in Road Traffic Accidents and Low Value Personal Injury (Employers’ Liability and Public Liability) Claims
45.27Scope and interpretation
45.28Application of fixed costs and disbursements
45.29Amount of fixed costs
45.30Where the claimant obtains judgment for an amount more than the defendant’s relevant Protocol offer
45.31Settlement at Stage 2 or Stage 3 where the claimant is a child
45.32Where the court orders that the claim is not suitable to be determined under the Stage 3 Procedure and the claimant is a child
45.33Settlement before proceedings are issued under Stage 3
45.34Additional advice on the value of the claim
45.35Failure to comply or electing not to continue with the relevant Protocol – costs consequences
45.36Where the parties have settled after proceedings have started
45.37Where the claimant obtains judgment for an amount equal to or less than the defendant’s relevant Protocol offer
45.38Adjournment
45.39Account of payment of Stage 1 and Stage 2 fixed costs
45.40Costs-only application after a claim is started under Part 8 in accordance with Practice Direction 49F
SECTION VThe Pre-Action Protocol for Personal Injury Claims Below The Small Claims Limit in Road Traffic Accidents
45.41Failure to comply with, or continue under, the RTA Small Claims Protocol
45.42Claims which do not continue under the RTA Small Claims Protocol
SECTION VIFixed Costs in the Fast Track
45.43Scope
45.44Amount of fixed costs
45.45Fixed costs
45.46Specialist legal advice
45.47Advice obtained in claims started under the RTA Protocol or the EL/PL Protocol
45.48Preliminary issue or separate trial
SECTION VIIFixed Costs in the Intermediate Track
45.49Scope
45.50Amount of fixed costs
45.51Preliminary issue or separate trial
SECTION VIIIClaims for Noise Induced Hearing Loss
45.52Scope
45.53Amount of fixed costs
45.54More than one defendant
45.55Preliminary issues trials
45.56Restoration proceedings
SECTION IXDisbursements
45.57Scope of this section
45.58Disbursements – Section IV
45.59Disbursements – Section VI
45.60Disbursements – Section VII
45.61Disbursements – Section VIII
45.62Soft tissue injury and whiplash injury claims
PART 46COSTS –SPECIAL CASES
SECTION ICosts Payable by or to Particular Persons
46.1Pre-commencement disclosure and orders for disclosure against a person who is not a party
46.2Costs orders in favour of or against non-parties
46.3Limitations on court’s power to award costs in favour of trustee or personal representative
46.4Costs where money is payable by or to a child or protected party
46.5Litigants in person
46.6Costs where the court has made a group litigation order
46.7Orders in respect of pro bono representation
SECTION IICosts relating to Legal Representatives
46.8Personal liability of legal representative for costs – wasted costs orders
46.9Basis of detailed assessment of solicitor and client costs
46.10Assessment procedure
SECTION IIICosts on Allocation and Re-Allocation
46.11Costs on the small claims track and fast track
46.12Limitation on amount court may allow where a claim allocated to the fast track settles before trial
46.13Costs following allocation, re-allocation and non-allocation
SECTION IVCosts-only Proceedings
46.14Costs-only proceedings
V COSTS IN CLAIMS FOR JUDICIAL REVIEW
46.15Claims for judicial review: costs against interveners
SECTION VIJudicial Review Costs Capping Orders under Part 4 of the Criminal Justice and Courts Act 2015
46.16Judicial review costs capping orders – general
46.17Applications for judicial review costs capping orders
46.18Court to consider making directions
46.19Applications to vary judicial review costs capping orders
VIISCALE COSTS FOR CLAIMS IN THE INTELLECTUAL PROPERTY ENTERPRISE COURT
46.20Scope and interpretation
46.21Amount of scale costs
46.22Summary assessment of the costs of an application where a party has behaved unreasonably
SECTION VIIIENVIRONMENTAL REVIEW COSTS
46.23Environmental review costs
SECTION IXCosts Limits in Aarhus Convention Claims
46.24Scope and interpretation
46.25Opting out, and other cases where rules 46.26 to 46.28 do not apply to a claimant
46.26Limit on costs recoverable from a party in an Aarhus Convention claim
46.27Varying the limit on costs recoverable from a party in an Aarhus Convention claim
46.28Challenging whether the claim is an Aarhus Convention claim
PART 47PROCEDURE FOR DETAILED ASSESSMENT OF COSTS AND DEFAULT PROVISIONS
SECTION IGeneral Rules about Detailed Assessment
47.1Time when detailed assessment may be carried out
47.2No stay of detailed assessment where there is an appeal
47.3Powers of an authorised court officer
47.4Venue for detailed assessment proceedings
SECTION IICosts Payable by one Party to another – Commencement of Detailed Assessment Proceedings
47.5Application of this Section
47.6Commencement of detailed assessment proceedings
47.7Period for commencing detailed assessment proceedings
47.8Sanction for delay in commencing detailed assessment proceedings
47.9Points of dispute and consequence of not serving
47.10Procedure where costs are agreed
SECTION IIICosts payable by one Party to another – Default Provisions
47.11Default costs certificate
47.12Setting aside a default costs certificate
SECTION IVCosts payable by one Party to another – Procedure where Points of Dispute are Served
47.13Optional Reply
47.14Detailed assessment hearing
47.15Provisional Assessment
SECTION VInterim Costs Certificate and Final Costs Certificate
47.16Power to issue an interim certificate
47.17Final costs certificate
SECTION VIDetailed Assessment Procedure for Costs of A LSC Funded Client or , an Assisted Person or Person to Whom Legal Aid is Made Available where Costs are Payable out of the Community Legal Service Fund or by the Lord Chancellor under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012
47.18Detailed assessment procedure where costs 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
47.19Detailed assessment procedure where costs are payable out of a fund other than the community legal service fund
SECTION VIICosts of Detailed Assessment Proceedings
47.20Liability for costs of detailed assessment proceedings
SECTION VIIIAppeals from Authorised Court Officers in Detailed Assessment Proceedings
47.21Right to appeal
47.22Court to hear appeal
47.23Appeal procedure
47.24Powers of the court on appeal
PART 48PART 2 OF THE LEGAL AID, SENTENCING AND PUNISHMENT OF OFFENDERS ACT 2012 RELATING TO CIVIL LITIGATION FUNDING AND COSTS: TRANSITIONAL PROVISION IN RELATION TO PRE-COMMENCEMENT FUNDING ARRANGEMENTS
48.1(1) The provisions of CPR Parts 43 to 48 relating...
48.2(1) A pre-commencement funding arrangement is— (a) in relation to...
PART 49SPECIFIC PROCEEDINGS
49.1Practice directions for specific proceedings
PART 50APPLICATION OF THE SCHEDULES
50(1) The Schedules to these Rules set out, with modifications,...
PART 51Transitional Arrangements and Pilot Schemes
51A practice direction shall make provision for the extent to...
51.1Practice Direction 51A makes provision for the extent to which...
51.2Practice directions may modify or disapply any provision of these...
51.3Temporary modifications for coronavirus or other emergency
PART 52APPEALS
SECTION IScope and interpretation
52.1Scope and interpretation
52.2Parties to comply with Practice Directions 52A to 52E
SECTION IIPermission to appeal – General
52.3Permission to appeal
52.3APermission to appeal in certain contempt proceedings
52.4Determination of applications for permission to appeal to the County Court and High Court
52.5Determination of applications for permission to appeal to the Court of Appeal
52.6Permission to appeal test – first appeals
52.7Permission to appeal test – second appeals
52.7APermission to appeal in contempt proceedings where the appeal lies to the Supreme Court
SECTION IIIPermission to appeal – judicial review appeals, planning statutory review appeals and appeals from the Employment Appeal Tribunal
52.8Judicial review appeals from the High Court
52.9Judicial review appeals from the Upper Tribunal
52.10Planning statutory review appeals
52.11Appeals from the Employment Appeal Tribunal
SECTION IVAdditional rules
52.12Appellant’s notice
52.13Respondent’s notice
52.14Transcripts at public expense
52.15Variation of time
52.15AVariation of time in certain contempt proceedings
52.16Stay(GL)
52.17Amendment of appeal notice
52.18Striking out(GL) appeal notices and setting aside(GL) or imposing conditions on permission to appeal
52.19Orders to limit the recoverable costs of an appeal – general
52.19AOrders to limit the recoverable costs of an appeal – appeals in Aarhus Convention claims
52.20Appeal court’s powers
52.21Hearing of appeals
52.22Non-disclosure of Part 36 offers and payments
SECTION VSpecial provisions relating to the Court of Appeal
52.23Assignment of appeals to the Court of Appeal
52.24Who may exercise the powers of the Court of Appeal
SECTION VISpecial provisions relating to statutory appeals
52.25Statutory appeals – court’s power to hear any person
52.26Appeals under the Law of Property Act 1922
52.27Appeals from certain tribunals
52.28Appeals under certain planning legislation
52.29Appeals under certain legislation relating to pensions
SECTION VIIReopening final appeals
52.30Reopening of final appeals
PART 53MEDIA AND COMMUNICATIONS CLAIMS
53.1Scope of this Part
53.2Specialist list
53.3Application of the Civil Procedure Rules
53.4Proceedings in the Media and Communications List
53.5Summary disposal under the Defamation Act 1996
53.6Sources of information
PART 54JUDICIAL REVIEW AND STATUTORY REVIEW
SECTION I—JUDICIAL REVIEW
54.1Scope and interpretation
54.1AWho may exercise the powers of the High Court
54.2When this Section must be used
54.3When this Section may be used
54.4Permission required
54.5Time limit for filing claim form
54.6Claim form
54.7Service of claim form
54.7AJudicial review of decisions of the Upper Tribunal
54.8Acknowledgment of service
54.8AReply to acknowledgment of service
54.9Failure to file acknowledgment of service
54.10Permission given
54.11Service of order giving or refusing permission
54.11APermission decision where court requires a hearing
54.12Permission decision without a hearing
54.13Defendant etc. may not apply to set aside(gl)
54.14Response
54.15Where claimant seeks to rely on additional grounds
54.16Evidence
54.17Court’s powers to hear any person
54.18Judicial review may be decided without a hearing
54.19Court’s powers in respect of quashing orders
54.20Transfer
II PLANNING COURT
54.21General
54.22Specialist list
54.23Application of the Civil Procedure Rules
54.24Further provision about Planning Court claims
SECTION IIIENVIRONMENTAL REVIEW UNDER THE ENVIRONMENT ACT 2021
54.25Scope and interpretation
54.26Who may exercise the powers of the High Court
54.27When this Section must be used
54.28Time limit for filing claim form
54.29Claim form
54.30Service of claim form
54.31Acknowledgment of service
54.32Detailed grounds and evidence
54.33Failure to file acknowledgment of service
54.34Where claimant seeks to rely on additional grounds
54.35Other procedural rules
PART 55POSSESSION CLAIMS
55.A1Coronavirus – temporary provision
55.1Interpretation
I–GENERAL RULES
55.2Scope
55.3Starting the claim
55.4Particulars of claim
55.5Hearing date
55.6Service of claims against trespassers
55.7Defendant’s response
55.8The hearing
55.9Allocation
55.10Possession claims relating to mortgaged residential property
55.10AElectronic issue of certain possession claims
II–ACCELERATED POSSESSION CLAIMS OF PROPERTY LET ON AN ASSURED SHORTHOLD TENANCY
55.11When this section may be used
55.12Conditions
55.13Claim form
55.14Defence
55.15Claim referred to judge
55.16Consideration of the claim
55.17Possession order
55.18Postponement of possession
55.19Application to set aside or vary
SECTION III—INTERIM POSSESSION ORDERS
55.20When this section may be used
55.21Conditions for IPO application
55.22The application
55.23Service
55.24Defendant’s response
55.25Hearing of the application
55.26Service and enforcement of the IPO
55.27After IPO made
55.28Application to set aside IPO
55.29Stay of possession proceedings, coronavirus
IV RENTING HOMES WALES - GENERAL RULES
55.30Interpretation
55.31Scope
55.32Starting the claim
55.33Particulars of claim
55.34Hearing date
55.35Defendant’s response and adding of sub-holder as a party
55.36The hearing
55.37Allocation
55.38Electronic issue of certain Renting Homes possession claims
V RENTING HOMES WALES – ACCELERATED POSSESSION CLAIMS OF DWELLINGS LET ON A STANDARD CONTRACT
55.39Interpretation
55.40When this Section may be used
55.41Conditions
55.42Claim form
55.43Defence
55.44Claim referred to judge
55.45Consideration of the claim
55.46Possession order
55.47Postponement of possession
55.48Application to set aside or vary
PART 56LANDLORD AND TENANT CLAIMS AND MISCELLANEOUS PROVISIONS ABOUT LAND AND CLAIMS UNDER THE RENTING HOMES (WALES) ACT 2016
I–LANDLORD AND TENANT CLAIMS
56.1Scope and interpretation
56.2Starting the claim
56.3Claims for a new tenancy under section 24 and for the termination of a tenancy under section 29(2) of the Landlord and Tenant Act 1954
II–MISCELLANEOUS PROVISIONS ABOUT LAND
56.4Scope
III APPLICATIONS AND CLAIMS TO THE COURT UNDER THE RENTING HOMES (WALES) ACT 2016
56.5Scope and interpretation
56.6Making the Renting Homes (Wales) claim
56.7Further provision for Renting Homes (Wales) claims
PART 57PROBATE, INHERITANCE, PRESUMPTION OF DEATH AND GUARDIANSHIP OF MISSING PERSONS
57.1Scope of this Part and definitions
SECTION I—PROBATE CLAIMSGeneral (1) This Section contains rules about probate claims.
57.2General
57.3How to start a probate claim
57.4Acknowledgment of service and defence
57.5Lodging of testamentary documents and filing of evidence about testamentary documents
57.6Revocation of existing grant
57.7Contents of statements of case
57.8Counterclaim
57.9Probate counterclaim in other proceedings
57.10Failure to acknowledge service or to file a defence
57.11Discontinuance and dismissal
SECTION II—RECTIFICATION OF WILLS
57.12(1) This Section contains rules about claims for the rectification...
SECTION III—SUBSTITUTION AND REMOVAL OF PERSONAL REPRESENTATIVES
57.13(1) This Section contains rules about claims and applications for...
IV CLAIMS UNDER THE INHERITANCE (PROVISION FOR FAMILY AND DEPENDANTS) ACT 1975
57.14Scope of this Section
57.15Proceedings in the High Court
57.16Procedure for claims under section 1 of the Act
SECTION VProceedings under the Presumption of Death Act 2013
57.17Scope and interpretation
57.18Proceedings to be in the High Court
57.19Procedure for claims for a declaration of presumed death or a variation order
57.20Giving notice of claim
57.21Advertisement of claim
57.22Interveners
57.23Requirement to provide information
57.24Requirement to send copy of declaration to the Public Guardian
SECTION VIPROCEEDINGS UNDER THE GUARDIANSHIP (MISSING PERSONS) ACT 2017
57.25Scope and interpretation
57.26Proceedings to be in the High Court
57.27Procedure for making claims for a guardianship order
57.28Procedure for making applications for revocation/variation of guardianship orders and applications relating to guardianship orders
57.29Giving notice and advertisement of claim for a guardianship order or an application for a revocation/variation order
57.30Giving notice and advertisement of applications relating to guardianship orders or the potential exercise of powers under the 2017 Act
57.31Interveners
57.32Requirement to send copy of all orders made to the Public Guardian
57.33Death of the missing person
PART 57ABUSINESS AND PROPERTY COURTS
57A.1The Business and Property Courts
57A.2Courts and lists
57A.3Application of the Civil Procedure Rules
PART 58COMMERCIAL COURT
58.1Scope of this Part and interpretation
58.2Specialist list
58.3Application of the Civil Procedure Rules
58.4Proceedings in the commercial list
58.5Claim form and particulars of claim
58.6Acknowledgment of service
58.7Disputing the court’s jurisdiction
58.8Default judgment
58.9Admissions
58.10Defence and Reply
58.11Statements of case
58.12Part 8 claims
58.13Case management
58.14Disclosure—ships papers
58.15Judgments and orders
PART 59CIRCUIT COMMERCIAL COURTS
59.1Scope of this Part and interpretation
59.2Application of the Civil Procedure Rules
59.3Transfer of proceedings
59.4Claim form and particulars of claim
59.5Acknowledgment of service
59.6Disputing the court’s jurisdiction
59.7Default judgment
59.8Admissions
59.9Defence and Reply
59.10Statements of case
59.11Case management
59.12Judgments and orders
PART 60TECHNOLOGY AND CONSTRUCTION COURT CLAIMS
60.1General
60.2Specialist list
60.3Application of the Civil Procedure Rules
60.4Issuing a TCC claim
60.5Reply
60.6Case management
60.7Judgments and Orders
PART 61ADMIRALTY CLAIMS
61.1Scope and interpretation
61.2Admiralty claims
61.3Claims in rem
61.4Special provisions relating to collision claims
61.5Arrest
61.6Security in claim in rem
61.7Cautions against arrest
61.8Release and cautions against release
(10)Where persons interested in the ship or cargo are unable...
61.9Judgment in default
61.10Sale by the court, priorities and payment out
61.11Limitation claims
61.12Stay of proceedings
61.13Assessors
PART 62ARBITRATION CLAIMS
62.1Scope of this Part and interpretation
I CLAIMS UNDER THE 1996 ACT
62.2Interpretation
62.3Starting the claim
62.4Arbitration claim form
62.5Service out of the jurisdiction
62.6Notice
62.7Case management
62.8Stay of legal proceedings
62.9Variation of time
62.10Hearings
II OTHER ARBITRATION CLAIMS
62.11Scope of this Section
62.12Applications to Judge
62.13Starting the claim
62.14Claims in District Registries
62.15Time limits and other special provisions about arbitration claims
62.16Service out of the jurisdiction
III ENFORCEMENT
62.17Scope of this Section
62.18Enforcement of awards
62.19Interest on awards
62.20Registration in High Court of foreign awards
62.21Registration of awards under the Arbitration (International Investment Disputes) Act 1966
PART 63INTELLECTUAL PROPERTY CLAIMS
63.1Scope of this Part and interpretation
I PATENTS AND REGISTERED DESIGNS
63.2Scope of Section I and allocation
63.3Specialist list
63.4Patents judge
63.5Starting the claim
63.6Claim for infringement or challenge to validity of a patent or registered design
63.7Defence and reply
63.8Case management
63.9Disclosure and inspection
63.10Application to amend a patent specification in existing proceedings
63.11Court’s determination of question or application
63.12Application by employee for compensation
II REGISTERED TRADE MARKS AND OTHER INTELLECTUAL PROPERTY RIGHTS
63.13Allocation
III SERVICE OF DOCUMENTS AND PARTICIPATION BY THE COMPTROLLER
63.14Service of documents
63.15Participation by the Comptroller
IV APPEALS
63.16Appeals from decisions of the Comptroller or the registrar
SECTION VINTELLECTUAL PROPERTY ENTERPRISE COURT
63.17Scope of this Section
63.17A(1) In proceedings in the Intellectual Property Enterprise Court in...
63.18Transfer of proceedings
63.19Enterprise judges and District Judges
63.20Statements of case
63.21Statement of truth
63.22Defence and reply
63.23Case management
63.24Disclosure and inspection
63.25Applications
63.26Costs
63.27Allocation to the small claims track
63.28Extent to which rules in this Part apply to small claims
PART 63AFINANCIAL LIST
63A.1Scope of this Part and interpretation
63A.2Specialist list
63A.3Application of the Civil Procedure Rules
63A.4Proceedings in the Financial List
PART 64ESTATES, TRUSTS AND CHARITIES
64.1General
SECTION I: CLAIMS RELATING TO THE ADMINISTRATION OF ESTATES AND TRUSTS
64.2Scope of this Section
64.3Claim form
64.4Parties
SECTION II: CHARITY PROCEEDINGS
64.5Scope of this Section and interpretation
64.6Application for permission to take charity proceedings
PART 65PROCEEDINGS RELATING TO ANTI-SOCIAL BEHAVIOUR AND HARASSMENT
65.1Scope of this Part
SECTION IHousing Act 1996 injunctions
65.2Scope of this Section and interpretation
65.3Applications for an injunction
65.4Injunction containing provisions to which a power of arrest is attached
65.5Application for warrant of arrest under section 155(3) of the 1996 Act
65.6Proceedings following arrest
65.7Recognizance
SECTION IIApplications by local authorities for power of arrest to be attached to an injunction
65.8Scope of this Section and interpretation
65.9Applications 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
65.10Injunction containing provisions to which a power of arrest is attached
III DEMOTION CLAIMS, PROHIBITED CONDUCT STANDARD CONTRACT ORDER CLAIMS (IN WALES), RELATED PROCEEDINGS AND APPLICATIONS (IN ENGLAND) TO SUSPEND THE RIGHT TO BUY
65.11Scope of this Section and interpretation
65.12Demotion claims , prohibited conduct standard contract order claims or suspension claims made in the alternative to possession claims
65.13Other demotion claims, prohibited conduct standard contract order claims or suspension claims
65.14Starting a demotion claim, prohibited conduct standard contract order claim or suspension claim
65.15Particulars of claim
65.16Hearing date
65.17Defendant’s response
65.18The hearing
65.19Allocation
65.20Proceedings relating to demoted tenancies and prohibited conduct standard contract order claims
SECTION IVAnti-social behaviour orders under the Crime and Disorder Act 1998
65.21Scope of this Section and interpretation
65.22Application where the relevant authority is a party in principal proceedings
65.23Application by a relevant authority to join a person to the principal proceedings
65.24Application where the relevant authority is not party in principal proceedings
65.25Evidence
65.26Application for an interim order
SECTION VProceedings under the Protection from Harassment Act 1997
65.27Scope of this Section
65.28Claims under section 3 of the 1997 Act
65.29Applications for issue of a warrant of arrest under section 3(3) of the 1997 Act
65.30Proceedings following arrest
VIDrinking Banning Orders under the Violent Crime Reduction Act 2006
65.31Scope of this Section and interpretation
65.32Application where the relevant authority is a party in principal proceedings
65.33Application where the relevant authority is not a party in principal proceedings
65.34Application by a relevant authority to join a person to the principal proceedings
65.35Evidence
65.36Application for an interim order
VIIParenting Orders under the Anti-Social Behaviour Act 2003
65.37Scope of this Section and interpretation
65.38Applications for parenting orders
65.39Applications by the relevant authority to be joined to proceedings
65.40Applications by the relevant authority to join a parent to proceedings
65.41Evidence
SECTION VIIIInjunctions under the Policing and Crime Act 2009 and under Part 1 of the Anti-social Behaviour, Crime and Policing Act 2014
65.42Scope of this Section and interpretation
65.43Applications for an injunction
65.44Injunction containing provisions to which a power of arrest is attached
65.45Application to vary or discharge an injunction
65.46Application for warrant of arrest under section 44(2) of the 2009 Act or section 10 of the 2014 Act
65.47Proceedings following arrest under the 2009 Act and under the 2014 Act
65.48Recognizance
65.49Applications for a power of arrest to be attached to any provision of an injunction
PART 66CROWN PROCEEDINGS
66.1Scope of this Part and interpretation
66.2Application of the Civil Procedure Rules
66.3Action on behalf of the Crown
66.4Counterclaims, other additional claims, and set-off
66.5Applications in revenue matters
66.6Enforcement against the Crown
66.7Money due from the Crown
PART 67PROCEEDINGS RELATING TO SOLICITORS
67.1Scope and interpretation
67.2Power to order solicitor to deliver cash account etc.
67.3Proceedings under Part III of the Act
67.4Proceedings under Schedule 1 to the Act
PART 68References to the European Court
68.1Interpretation
68.2Making of order
68.3Requests made by the court to the European Court
68.4Transmission to the European Court
68.5Stay of proceedings
PART 69COURT'S POWER TO APPOINT A RECEIVER
69.1Scope of this Part
69.2Court’s power to appoint receiver
69.3How to apply for the appointment of a receiver
69.4Service of order appointing receiver
69.5Security
69.6Receiver’s application for directions
69.7Receiver’s remuneration
69.8Accounts
69.9Non-compliance by receiver
69.10Application for discharge of receiver
69.11Order discharging or terminating appointment of receiver
PART 70GENERAL RULES ABOUT ENFORCEMENT OFJUDGMENTS AND ORDERS
70.1Scope of this Part and interpretation
70.1AApplication for order
70.2Methods of enforcing judgments or orders
70.2ACourt may order act to be done at expense of disobedient party
70.3Transfer of proceedings for enforcement
70.4Enforcement of judgment or order by or against non-party
70.5Enforcement of decisions of bodies other than the High Court and the County Court and compromises enforceable by enactment
70.6Effect of setting aside judgment or order
70.7Debt respite scheme
PART 71ORDERS TO OBTAIN INFORMATION FROM JUDGMENT DEBTORS
71.1Scope of this Part
71.2Order to attend court
71.3Service of order
71.4Travelling expenses
71.5Judgment creditor’s affidavit
71.6Conduct of the hearing
71.7Adjournment of the hearing
71.8Failure to comply with order
PART 72THIRD PARTY DEBT ORDERS
72.1Scope of this Part and interpretation
72.2Third party debt order
72.3Application for third party debt order
72.4Interim third party debt order
72.5Service of interim order
72.6Obligations of third parties served with interim order
72.7Arrangements for debtors in hardship
72.8Further consideration of the application
72.9Effect of final third party order
72.10Money in court
72.11Costs
PART 73CHARGING ORDERS, STOP ORDERS AND STOP NOTICES
73.1Scope of this Part and interpretation
SECTION I. CHARGING ORDERS
73.2Scope of this Section
73.3Application for charging order
73.4Interim charging order – Civil National Business Centre
73.5Review of a decision made by a court officer
73.6Interim charging order – venues other than the Civil National Business Centre
73.7Service of interim order
73.8Effect of interim order in relation to securities
73.9Effect of interim order in relation to funds in court
73.10Further consideration of the application where interim charging order was made at the Civil National Business Centre and has not been transferred under rule 73.4(6) for a hearing
73.10ZAReconsideration of a decision made by a legal adviser
73.10AFurther consideration of the application where interim charging order was made other than at the Civil National Business Centre, or has been transferred out of that Centre under rule 73.4(6)
73.10BDischarge or variation of order
73.10CEnforcement of charging order by sale
SECTION II—STOP ORDERS
73.11Interpretation
73.12Application for stop order
73.13Stop order relating to funds in court
73.14Stop order relating to securities
73.15Variation or discharge of order
SECTION III—STOP NOTICES
73.16General
73.17Request for stop notice
73.18Effect of stop notice
73.19Amendment of stop notice
73.20Withdrawal of stop notice
73.21Discharge or variation of stop notice
73.22Practice Direction 73 makes provision for the procedure to be...
PART 74ENFORCEMENT OF JUDGMENTS IN DIFFERENT JURISDICTIONS
74.1Scope of this Part and interpretation
I: ENFORCEMENT IN ENGLAND AND WALES OF JUDGMENTS OF FOREIGN COURTSInterpretation (1) In this Section— (a) “Contracting State” has the meaning...
74.2Interpretation
74.3Applications for registration
74.3AEnforcement under the Judgments Regulation
74.4Evidence in support
74.4AProcedure for enforcing judgments under the Judgments Regulation
74.5Security for costs
74.6Registration orders
74.7Applications to set aside registration
74.7ARefusal of recognition or enforcement under the Judgments Regulation
74.7BRelief against enforcement under the Judgments Regulation
74.7CSuspension of proceedings in which a judgment is invoked under the Judgments Regulation
74.8Appeals
74.9Enforcement
74.10Recognition
74.11Authentic instruments and court settlements
74.11AAdaptation of certain orders in foreign judgments subject to the Judgments Regulation
II: ENFORCEMENT IN FOREIGN COUNTRIES OF JUDGMENTS OF THE HIGH COURT AND THE COUNTY COURT
74.12Application for a certified copy of a judgment
74.13Evidence in support
III: ENFORCEMENT OF UNITED KINGDOM JUDGMENTS IN OTHER PARTS OF THE UNITED KINGDOM
74.14Interpretation
74.15Registration of money judgments in the High Court
74.16Registration of non-money judgments in the High Court
74.17Certificates of High Court and County Court money judgments
74.18Certified copies of High Court and County Court non-money judgments
IV: ENFORCEMENT IN ENGLAND AND WALES OF EUROPEAN COMMUNITY JUDGMENTS
74.19Interpretation
74.20Application for registration of a Community judgment
74.21Evidence in support
74.22Registration orders
74.23Application to vary or cancel registration
74.24Enforcement
74.25Application for registration of suspension order
74.26Registration and enforcement of a Euratom inspection order
V EUROPEAN ENFORCEMENT ORDERS
74.27Interpretation
74.28Certification of Judgments of the Courts of England and Wales
74.29Applications for a certificate of lack or limitation of enforceability
74.30Applications for rectification or withdrawal
74.31Enforcement of European Enforcement Orders in England and Wales
74.32Refusal of Enforcement
74.33Stay of or limitation on enforcement
VI Recognition and enforcement of protection measures
74.34Interpretation
74.35Procedure for applications in this Section
...
74.36Application for an Article 5 certificate
74.37The court to which an application for an Article 5 certificate must be made
74.38When a request for a translation of an Article 5 certificate may be made
74.39The court to which a request for a translation of an Article 5 certificate must be made
74.40Service requirements under Article 6
74.41Notification of the certificate under Article 8
74.42Rectification of an Article 5 certificate
74.43Withdrawal of an Article 5 certificate
74.44When an application for an Article 14 certificate may be made
74.45The court to which an application for an Article 14 certificate must be made
INCOMING PROTECTION MEASURES
74.46Application for adjustment under Article 11
74.47Notification of the adjustment under Article 11
74.48Enforcement of an incoming protection measure
74.49Application for refusal of recognition or enforcement under Article 13
74.50Application under Article 14(2)
PART 75TRAFFIC ENFORCEMENT
75.1Scope and interpretation
75.2The Centre
75.3Request
75.4Electronic delivery of documents
75.5Functions of court officer
75.5AReview of decision of court officer
75.6Enforcement of orders
75.7Local authority warrant of control
75.8Revocation of order
75.9Transfer for enforcement
75.10Further information required
75.11Combining requests
PART 76PROCEEDINGS UNDER THE PREVENTION OF TERRORISM ACT 2005
SECTION 1Application of this Part
76.1Scope and interpretation
76.2Modification to the overriding objective
SECTION 2Applications to the High Court relating to derogating control orders
76.3Scope of this section
76.4Applications for the making of a derogating control order
76.5Directions for a full hearing on notice
76.6Applications on notice
SECTION 3Permission applications, references and appeals to the High Court relating to non-derogating control orders
76.7Scope of this section
76.8Application for permission to make non-derogating control order
76.9References under section 3(3) of the Act
76.10Directions for hearing on application for permission or on a reference
76.11Appeals under section 10 of the Act
76.12Modification of Part 52 (appeals)
76.13Notice of appeal
76.14Time limit for appealing
76.15Secretary of State’s reply
SECTION 4Appeals to the Court of Appeal
76.16Modification of Part 52 (appeals)
SECTION 5General provisions
76.17Scope of this section
76.18Address for issuing proceedings in the High Court
76.19Applications for anonymity
76.20Notification of hearing
76.21Hearings
76.22Hearings in private
76.23Appointment of a special advocate
76.24Functions of special advocate
76.25Special advocate: communicating about proceedings
76.26Modification of the general rules of evidence and disclosure
76.27Filing and service of relevant material
76.28Closed material
76.29Consideration of Secretary of State’s objection
76.30Order of filing and serving material and written submissions
76.31Failure to comply with directions
76.32Judgments
76.33Application by Secretary of State for reconsideration of decision
76.34Supply of court documents
PART 77PROVISIONS IN SUPPORT OF CRIMINAL JUSTICE
77.1Scope of this Part
SECTION 1 – SERIOUS CRIME PREVENTION ORDERS
77.1AInterpretation
77.2Application for a SCPO
77.3Applications by third parties to make representations and applications to vary or discharge a SCPO made by the High Court
77.4Application to vary or discharge a SCPO made by the Crown Court
77.5Where to make an application
SECTION 2 APPLICATION TO QUASH AN ACQUITTAL
77.6Scope and interpretation
77.7Time limit for making the application
77.8Where to make the application
77.9How to make the application
77.10Notice to defendant (acquitted person)
77.11Response to the application
77.12Further evidence
77.13Determination of the application to quash an acquittal (general provisions)
77.14Application for a hearing to determine the application to quash an acquittal
77.15Hearing to determine the application to quash an acquittal
PART 78EUROPEAN ... PROCEDURES
78.1Scope of this Part and interpretation
SECTION I - EUROPEAN ORDER FOR PAYMENT PROCEDURE
78.2Scope of this Section and interpretation
EOP applications made to a court in England and Wales
78.3Application for a European Order for Payment
78.4Withdrawal of EOP application
78.5Transfer of proceedings where an EOP application has been opposed
78.5AProcedure where EOP application treated as if started as a claim under Part 7
78.5BProcedure where EOP application treated as if started as a claim under the ESCP Regulation
78.6Filing of acknowledgment of service and defence where an EOP application is treated as if started as a claim under Part 7
78.7Default judgment where an EOP application is treated as if started as a claim under Part 7
78.8Review in exceptional cases
Enforcement of EOPS in England and Wales
78.9Enforcement of European orders for payment
78.10Refusal of enforcement
78.11Stay of or limitation on enforcement
SECTION II - EUROPEAN SMALL CLAIMS PROCEDURE
78.12Scope of this Section and interpretation
ESCP claims made in a court in England and Wales
78.13Filing an ESCP claim form
78.14Allocation of ESCP claims
78.15Transfer of proceedings where the claim is outside the scope of the ESCP Regulation – article 4(3) of the ESCP Regulation
78.16Defendant’s response
78.17Transfer of proceedings where the defendant claims that the non-monetary claim exceeds the limit set in article 2(1) of the ESCP Regulation – article 5(5) of the ESCP Regulation
78.18Transfer of proceedings where the ESCP counterclaim exceeds the limit set in article 2(1) of the ESCP Regulation – article 5(7) of the ESCP Regulation
78.19Review of judgment
Enforcement of ESCP judgments in England and Wales
78.20Enforcement of an ESCP judgment
78.21Refusal of enforcement
78.22Stay of or limitation on enforcement
SECTION IIIMEDIATION DIRECTIVE
78.23Scope of this Section and interpretation
78.24Making a mediation settlement enforceable (mediation settlement enforcement orders)
78.25Mediation settlement enforcement orders: foreign currency
78.26Mediation evidence: disclosure or inspection
78.27Mediation evidence: witnesses and depositions
78.28Mediation evidence: small claims
PART 79PROCEEDINGS UNDER THE COUNTER-TERRORISM ACT 2008, PART 1 OF THE TERRORIST ASSET-FREEZING ETC. ACT 2010 AND PART 1 OF THE SANCTIONS AND ANTI-MONEY LAUNDERING ACT 2018
SECTION 1GENERAL PROVISIONS
79.1Scope and interpretation of this Part
79.2Modification to the overriding objective
SECTION 2APPLICATION TO SET ASIDE FINANCIAL RESTRICTIONS DECISIONS UNDER THE 2008 ACT OR THE 2010 ACT AND SANCTIONS DECISIONS UNDER THE 2018 ACT.
79.3Scope of this Section
79.4...
79.5Applications (general) and modification of Part 8
79.6Application to set aside
79.7Fixing of directions hearing date
79.8Service of the claim form and accompanying documents
79.9Acknowledgment of service
79.10Directions hearing
79.11Response by the appropriate Minister
79.12Filing and service of evidence
79.13Modification of Part 52 (appeals)
79.14Service of appellant’s notice on special advocate
SECTION 3APPEALS IN RELATION TO DESIGNATIONS UNDER THE 2010 ACT
79.14AScope of this Section
79.14BModification of Part 52 (appeals)
79.14CAppellant’s notice
79.14DAppeals to the Court of Appeal
SECTION 4GENERAL PROVISIONS APPLICABLE TO SECTIONS 2 AND 3 OF THIS PART
79.15Scope of this Section
79.15AWhere to make an application
79.16Notification of hearing
79.17Hearings
79.18Appointment of a special advocate
79.19Function of a special advocate
79.20Special advocate: communicating about proceedings
79.21Consideration of the appropriate Minister’s objection
79.22Modification of the general rules of evidence and disclosure
79.23Search for, filing of and service of material
79.24Redacted material
79.25Application to withhold closed material
79.26Consideration of the appropriate Minister’s application
79.27Failure to comply with directions
79.28Judgments
79.29Application by appropriate Minister for reconsideration of order, direction or judgment
79.30Supply of court documents
SECTION 5NOTIFICATION ORDERS
79.31Applications for a notification order
Part 80Proceedings under the Terrorism Prevention and Investigation Measures Act 2011and Part 2 of the National Security Act 2023
SECTION 1Application of this Part
80.1Scope and interpretation
80.2Modification to the overriding objective
SECTION 2Permission Applications, References and Appeals to the High Court Relating to TPIM Notices and Part 2 Notices
80.3Scope of this section
80.4Application for permission to impose measures
80.5Reference of measures imposed without permission
80.6Directions for hearing on an application for permission or on a reference
80.7Appeals under section 16 of the TPIM Act or section 52 of the National Security Act
80.8Modification of Part 52 (appeals)
80.9Notice of appeal
80.10Time limit for appealing
80.11Secretary of State’s reply
SECTION 3Appeals to the Court of Appeal
80.12Modification of Part 52 (appeals)
SECTION 4General Provisions
80.13Scope of this section
80.14Address for filing proceedings
80.15Applications for anonymity
80.16Notification of hearing
80.17Hearings
80.18Hearings in private
80.19Appointment of a special advocate
80.20Functions of a special advocate
80.21Special advocate: communicating about proceedings
80.22Modification of the general rules of evidence and disclosure
80.23Filing and service of relevant material
80.24Closed material
80.25Consideration of the Secretary of State’s objection or application
80.26Order of filing and serving material and written submissions
80.27Failure to comply with directions
80.28Judgments
80.29Application by the Secretary of State for reconsideration of decision
80.30Supply of court documents
PART 81APPLICATIONS AND PROCEEDINGS IN RELATION TO CONTEMPT OF COURT
81.1Scope
81.2Interpretation
81.3How to make a contempt application
81.4Requirements of a contempt application
81.5Service of a contempt application
81.6Cases where no application is made
81.7Directions for hearing of contempt proceedings
81.8Hearings and judgments in contempt proceedings
81.9Powers of the court in contempt proceedings
81.10Applications to discharge committal orders
PART 82CLOSED MATERIAL PROCEDURE
SECTION IApplication of this Part
82.1Scope and interpretation
82.2Modification to the overriding objective
82.3Rules to apply subject to this Part
SECTION IIGeneral provisions
82.4Scope of this Section
82.5Case management
82.6Hearings in private
82.7Notification of hearings
82.8Proceedings which must be determined at a hearing
82.9Appointment of a special advocate
82.10Functions of a special advocate
82.11Special advocate: communicating about proceedings
82.12Evidence in proceedings to which this Part applies
82.13Sensitive material
82.14Consideration of closed material application or of objection to special advocate’s communication
82.15Failure to comply with directions
82.16Judgments
82.17Application by the Secretary of State or relevant person for reconsideration of decision
82.18Supply of court documents
SECTION IIIApplications under section 6(2) of the Act
82.19Scope of this Section
82.20Possible application for declaration under section 6(2) of the Act by Secretary of State: notification to Secretary of State if not a party
82.21Notification of intention to make application for a declaration
82.22Application for a declaration
82.23Directions for hearing of an application
82.24Notification by applicant following hearing of application
82.25Secretary of State to be joined where declaration made
82.26Directions following declaration
SECTION IVReview and revocation of declarations made under section 6 of the Act
82.27Scope of this Section
82.28Possible revocation of declaration: court’s own motion
82.29Application for revocation of declaration
82.30Review of declaration: formal review
SECTION VReview, under section 18 of the Act, of a certificate under section 17(3)(e) of the Act
82.31Review of certification
SECTION VIAppeals to the Court of Appeal
82.32Modification of Part 52 (appeals)
PART 83Writs and Warrants – General Provisions
SECTION IScope and Interpretation
83.1Scope and interpretation
SECTION IIWrits and Warrants
83.2Writs and warrants of control, writs of execution, warrants of delivery and warrants of possession – permission to issue certain writs or warrants
83.2AApplication for permission to issue a writof sequestration
83.3Writs and warrants other than those conferring a power to use the TCG procedure – duration and priority
83.4Writs and warrants conferring a power to use the TCG procedure – duration and priority
83.5Writs and warrants – separate enforcement of costs
83.6Writs and warrants – levying execution on certain days
83.7Writs of control and warrants – power to stay execution or grant other relief
83.8Writs and warrants – information about execution of the writ or warrant
83.8ANotice of execution of writs and warrants of possession
SECTION IIIWrits
83.9Issue of writs of execution and writs of control
83.10Writs of control and writs of delivery – description of parties
83.11Writs relating to ecclesiastical property
83.12Writs other than those conferring a power to use the TCG procedure – order for sale otherwise than by auction
83.13Enforcement in the High Court of a judgment or order for possession of land
83.14Enforcement in the High Court of a judgment or order for delivery of goods
83.14AApplication for permission to issue writ of sequestration
SECTION IVWarrants
83.15Application for warrant of control or warrant of delivery
83.16Warrant of control or warrant of delivery – opposition by debtor and debtor’s request for transfer
83.17Warrant of control or warrant of delivery – execution of High Court judgment
83.18Warrants of control and warrants of delivery – description of parties
83.19Creditor’s request for transfer to the High Court for enforcement
83.20Warrants of control – bankruptcy or winding up of debtor
83.21Warrants where the debtor is a farmer
83.22Warrants – withdrawal and suspension of warrant at creditor’s request
83.23Warrants of delivery
83.24Warrants of delivery other than those conferring a power to use the TCG procedure – notice and inventory requirements
83.25Warrants of delivery conferring a power to use the TCG procedure – notice of enforcement and inventory requirements
83.26Warrants of possession
83.27Saving for enforcement by contempt proceedings
83.28Suspension of part warrant
83.29Concurrent warrants
PART 84ENFORCEMENT BY TAKING CONTROL OF GOODS
SECTION IScope and Interpretation
84.1Scope
84.2Interpretation
SECTION IIWhere and How to make Applications
84.3Where and how to make applications
SECTION IIITaking Control of Goods
84.4Notice of enforcement prior to taking control of goods – application for notice period of less than the minimum period
84.5Application to extend the period in which to take control of goods
84.6Application to take control of goods during prohibited hours
84.7Application to enter, re-enter or remain on premises otherwise than during permitted hours
84.8Notice of intention to re-enter premises – application for notice period of less than the minimum period
84.9Application for a warrant to enter premises – conditions to be satisfied before a warrant may be issued
84.10Application for a warrant allowing reasonable force in relation to goods on the highway – conditions to be satisfied before a warrant may be issued
84.11Application for sale otherwise than by public auction
84.12Application in relation to disposal of abandoned goods
84.13Application by the debtor for a remedy in relation to goods taken into control
84.14Application by the enforcement agent for exceptional disbursements
84.15Application where there is a dispute regarding a co-owner’s share of proceeds
84.16Disputes about the amount of fees or disbursements recoverable under the Fees Regulations
SECTION IVProceedings in relation to certificates under section 64 of the 2007 Act
84.17Interpretation
84.18Application for issue of a certificate under section 64 of the 2007Act
84.19Issue of replacement certificates and surrender of certificates
84.20Complaints as to fitness to hold a certificate
PART 85Claims on Controlled Goods and Executed Goods
SECTION IScope and Interpretation
85.1Scope
85.2Interpretation
SECTION IIMode of Application for Claims under this Part
85.3Mode of application for claims under this Part
SECTION IIIProcedure for making a claim to controlled goods
85.4Procedure for making a claim to controlled goods
85.5Procedure for making a claim to controlled goods where the claim is disputed
SECTION IVProcedure for making a Claim against Executed Goods
85.6Procedure for making a claim against executed goods
85.7Procedure for making a claim to executed goods where the claim is disputed
SECTION VProcedure for a Debtor making a Claim to Exempt Goods
85.8Procedure for a debtor making a claim to exempt goods
85.9Procedure for making a claim to exempt goods where the claim is disputed
SECTION VIPowers of the Court hearing any application under this Part
85.10Directions and determination of claims
85.11Trial of issue
85.12Costs
PART 86Stakeholder Claims and Applications
86.1Scope of this Part and interpretation
86.2Stakeholder application
86.3Powers of court hearing a stakeholder application
86.4Trial of issue
86.5Costs
PART 87APPLICATIONS FOR WRIT OF HABEAS CORPUS
SECTION 1SCOPE AND INTERPRETATION
87.1Scope and interpretation of this Part
SECTION 2APPLICATIONS TO THE HIGH COURT FOR A WRIT OF HABEAS CORPUS FOR RELEASE
87.2How to make the application for a writ of habeas corpus for release
87.3Initial consideration of the application by a single judge
87.4Initial consideration of the application on paper
87.5Consideration of the application at a hearing
87.6Order for release: sufficient authority to release detained person
87.7Applications involving protected parties
87.8Form and directions as to the return to the writ
87.9Service of the writ
87.10Return to the writ
87.11Procedure at hearing of the writ
SECTION 3WRIT OF HABEAS CORPUS TO GIVE EVIDENCE OR TO ANSWER A CHARGE
87.12Writ of habeas corpus to give evidence or to answer a charge
PART 88PROCEEDINGS UNDER THE COUNTER-TERRORISM AND SECURITY ACT 2015
SECTION IApplication of this Part
88.1Scope and interpretation
88.2Modification to the overriding objective
SECTION IIPermission applications, reviews and references to the High Court relating to temporary exclusion orders
88.3Scope of this Section
88.4Application for permission to impose a TEO
88.5Reference of TEO imposed without permission
88.6Application for review under section 11 of the Act
88.7Applications (general) and modification of Part 8
88.8Review application
88.9Fixing of directions hearing date
88.10Service of the claim form and accompanying documents
88.11Acknowledgment of service
88.12Directions hearing
88.13Response by the Secretary of State
88.14Filing and service of evidence
SECTION IIIAppeals to the Court of Appeal
88.15Modification of Part 52 (appeals)
SECTION IVGeneral provisions
88.16Scope of this Section
88.17Address for filing proceedings
88.18Applications for anonymity
88.19Notification of hearings
88.20Proceedings which must be determined at a hearing
88.21Hearings in private
88.22Appointment of a special advocate
88.23Functions of a special advocate
88.24Special advocate: communicating about proceedings
88.25Modification of the general rules of evidence and disclosure
88.26Filing and service of relevant material
88.27Closed material
88.28Consideration of the Secretary of State’s objection or application
88.29Order of filing and serving material and written submissions
88.30Failure to comply with directions
88.31Judgments
88.32Application by the Secretary of State for reconsideration of decision
88.33Supply of court documents
PART 89ATTACHMENT OF EARNINGS
SECTION 1 - GENERAL
89.1Scope and Interpretation
89.2Search of court records
SECTION 2 – APPLICATIONS FOR ATTACHMENT OF EARNINGS ORDERS
89.3Where to make applications
89.4Mode of applying
89.5Service and reply
89.6Notice to debtor’s employer
89.7Attachment of earnings order
89.8Failure by debtor
89.9Suspended committal order
89.10Costs
89.11Contents and service of order
89.12Application to determine whether particular payments are earnings
89.13Notice of order having ceased to have effect
89.14Variation and discharge by court of own initiative
89.15Transfer of attachment order
89.16Exercise of power to obtain statement of earnings etc.
89.17Offences
SECTION 3 - CONSOLIDATED ATTACHMENT ORDERS
89.18Cases in which consolidated attachment order may be made
89.19Application for consolidated attachment order
89.20Making of consolidated attachment order by court of its own initiative
89.21Extension of consolidated attachment order
89.22Payments under consolidated attachment order
GLOSSARY
Scope
SCHEDULE 1
RSC ORDER 10SERVICE OF ORIGINATING PROCESS: GENERAL PROVISIONS
Rule 4Service of claim form in certain actions for possession of land
RSC ORDER 11SERVICE OF PROCESS, ETC., OUT OF THE JURISDICTION
Rule 1Principal cases in which service of claim form out of jurisdiction is permissible
Rule1AThe period for filing an acknowledgment of service or filing or serving an admission where the claim form is served under rule 1(2)
Rule1BThe period for filing a defence where the claim form is served under rule 1(2)
Application for, and grant of, permission to serve claim form out of jurisdiction
Service of claim form abroad: general
Service of claim form abroad through foreign governments, judicial authorities and British consuls
Service of claim form in certain actions under certain Acts
Undertaking to pay expenses of service by Secretary of State
Applications for an interim remedy under section 25 (1) of the Civil Jurisdiction and Judgments Act 1982
Service of petition and order etc.
Service of Part 20 claim form
Order to apply to county court
RSC ORDER 15CAUSES OF ACTION, COUNTERCLAIMS AND PARTIES
Rule 6AProceedings against estates
Rule 7Change of parties by reason of death, etc.
Rule 9Failure to proceed after death of party
Rule 11Relator actions
Rule 12Representative proceedings
Rule 12ADerivative claims
Rule 13Representation of interested persons who cannot be ascertained, etc.
Rule 13ANotice of claim to non—parties
Rule 14Representation of beneficiaries by trustees, etc.
Rule 15Representation of deceased person interested in proceedings
Rule 16Declaratory judgment
Rule 17Conduct of proceedings
RSC ORDER 17INTERPLEADER
Rule 1Entitlement to relief by way of interpleader
Rule 2Claim to goods, etc., taken in execution
Rule 2AClaim in respect of goods protected from seizure
Rule 3Mode of application
Rule 4To whom Sheriff may apply for relief
Rule 5Powers of Court hearing claim
Rule 6Power to order sale of goods taken in execution
Rule 7Power to stay proceedings
Rule 8Other powers
Rule 9One order in several proceedings
Rule 10Disclosure
Rule 11Trial of interpleader issue
RSC ORDER 23SECURITY FOR COSTS
Rule A1Order to apply to High Court and County Court
Rule 1Security for costs of proceedings, etc.
Rule 2Manner of giving security
Rule 3Saving for enactments
RSC ORDER 30RECEIVERS
Rule A1 Order to apply to High Court and County Court
Rule 1Application for receiver and injunction
Rule 2Giving of security by receiver
Rule 3Remuneration of receiver
Rule 4Service of order and notice
Rule 5Receiver’s accounts
Rule 6Payment into Court by receiver
Rule 7Default by receiver
Rule 8Directions to receivers
RSC ORDER 31SALES, ETC. OF LAND BY ORDER OF COURT: CONVEYANCING COUNSEL OF THE COURT
Rule A1Order to apply to High Court and County Court
I. Sales, etc. of Land by Order of Court
Rule 1Power to order sale of land
Rule 2Manner of carrying out sale
Rule 3Certifying result of sale
Rule 4Mortgage, exchange or partition under order of the Court
II. Conveyancing Counsel of the Court
Rule 5Reference of matters to conveyancing counsel of Court
Rule 6Objection to conveyancing counsel’s opinion
Rule 8Obtaining counsel’s opinion on reference
RSC ORDER 44PROCEEDINGS UNDER JUDGMENTS AND ORDERS: CHANCERY DIVISION
Rule 1Application to Orders
Rule 2Service of notice of judgment on person not a party
Rule 3Directions by the Court
Rule 4Application of rules 5 to 8
Rule 5Advertisements for creditors and other claimants
Rule 6Examination of claims
Rule 7Adjudication on claims
Rule 8Notice of adjudication
Rule 9Interest on debts
Rule 10Interest on legacies
Rule 11Master’s order
Rule 12Appeal against Master’s order
RSC ORDER 45ENFORCEMENT OF JUDGMENTS AND ORDERS: GENERAL
Rule 1AInterpretation
Rule 1Enforcement of judgment, etc., for payment of money
Rule 2Notice of seizure
Rule 3Enforcement of judgment for possession of land
Rule 4Enforcement of judgment for delivery of goods
Rule 5Enforcement of judgment to do or abstain from doing any act
Rule 6Judgment, etc. requiring act to be done: order fixing time for doing it
Rule 7Service of copy of judgment, etc., prerequisite to enforcement under r.5
Rule 8Court may order act to be done at expense of disobedient party
Rule 9Execution by or against person not being a party
Rule 10Conditional judgment: waiver
Rule 11Matters occurring after judgment: stay of execution, etc.
Rule 12Forms of writs
Rule 13Enforcement of judgments and orders for recovery of money, etc.
Rule 14Enforcement of decisions of Value Added Tax Tribunals
RSC ORDER 46WRITS OF EXECUTION: GENERAL
Rule 1Definition
Rule 2When permission to issue any writ of execution is necessary
Rule 3Permission required for issue of writ in aid of other writ
Rule 4Application for permission to issue writ
Rule 5Application for permission to issue writ of sequestration
Rule 6Issue of writ of execution
Rule 8Duration and renewal of writ of execution
Rule 9Return to writ of execution
RSC ORDER 47WRITS OF FIERI FACIAS
Rule 1Power to stay execution by writ of fieri facias
Rule 2Two or more writs of fieri facias
Rule 3Separate writs to enforce payment of costs, etc.
Rule 4No expenses of execution in certain cases
Rule 5Writ of fieri facias de bonis ecclesiasticis, etc.
Rule 6Order for sale otherwise than by auction
RSC ORDER 48EXAMINATION OF JUDGMENT DEBTOR, ETC.
Rule 1Order for examination of judgment debtor
Rule 2Examination of party liable to satisfy other judgment
Rule 3Examiner to make record of debtor’s statement
RSC ORDER 49GARNISHEE PROCEEDINGS
Rule 1Attachment of debt due to judgment debtor
Rule 2Application for order
Rule 3Service and effect of order to show cause
Rule 4No appearance or dispute of liability by garnishee
Rule 5Dispute of liability by garnishee
Rule 6Claims of third persons
Rule 8Discharge of garnishee
Rule 9Money in Court
Rule 10Costs
RSC ORDER 50CHARGING ORDERS, STOP ORDERS, ETC.
Rule 1Order imposing a charge on a beneficial interest
Rule 2Service of notice of order to show cause
Rule 3Order made on further considerations
Rule 4Order imposing a charge on an interest held by a trustee
Rule 5Effect of order in relation to securities out of Court
Rule 6Effect of order in relation to funds in Court
Rule 7Discharge, etc., of charging order
Rule 9Jurisdiction of Master, etc., to grant injunction
Rule 9AEnforcement of charging order by sale
Rule 10Funds in Court: stop order
Rule 11Securities not in Court: stop notice
Rule 12Effect of stop notice
Rule 13Amendment of stop notice
Rule 14Withdrawal etc. of stop notice
Rule 15Order prohibiting transfer, etc. of securities
RSC ORDER 51RECEIVERS: EQUITABLE EXECUTION
Rule A1Order to apply to High Court and County Courts
Rule 1Appointment of receiver by way of equitable execution
Rule 2Masters etc. may appoint receiver
Rule 3Application of rules as to appointment of receiver, etc.
RSC ORDER 52COMMITTAL
Rule 1Committal for contempt of court
Rule 2Application to Divisional Court
Rule 3Application for order after leave to apply granted
Rule 4Application to Court other than Divisional Court
Rule 5Saving for power to commit without application for purpose
Rule 6Provisions as to hearing
Rule 7Power to suspend execution of committal order
Rule 7AWarrant for arrest
Rule 8Discharge of person committed
Rule 9Saving for other powers
RSC ORDER 53 APPLICATIONS FOR JUDICIAL REVIEWCases appropriate for application for judicial review . . . . . . . . . ....
Rule 1Cases appropriate for application for judicial review
Rule 2Joinder of claims for relief
Rule 3Grant of leave to apply for judicial review
Rule 4Delay in applying for relief
Rule 5Mode of applying for judicial review
Rule 6Statements and evidence
Rule 7Claim for damages
Rule 8Application for disclosure, further information, cross—examination, etc.
Rule 9Hearing of application for judicial review
Rule 10Saving for person acting in obedience to mandamus
Rule 11Proceedings for disqualification of member of local authority
Rule 12Consolidation of applications
Rule 13Appeal from Judge’s order
Rule 14Meaning of “Court”
RSC ORDER 54APPLICATIONS FOR WRIT OF HABEAS CORPUS
Rule 1Application for writ of habeas corpus ad subjiciendum
Rule 2Power of Court to whom application made without notice being served on any other party
Rule 3Copies of witness statement or affidavits to be supplied
Rule 4Power to order release of person restrained
Rule 5Directions as to return to writ
Rule 6Service of writ and notice
Rule 7Return to the writ
Rule 8Procedure at hearing of writ
Rule 9Bringing up prisoner to give evidence, etc.
Rule 10Form of writ
Rule 11Applications relative to the custody, etc., of child
RSC ORDER 55APPEALS TO HIGH COURT FROM COURT, TRIBUNAL OR PERSON: GENERAL
Rule 1Application
Rule 2Court to hear appeal
Rule 3Bringing of appeal
Rule 4Service of notice of appeal and entry of appeal
Rule 5Date of hearing of appeal
Rule 6Amendment of grounds of appeal, etc.
Rule 6AInterlocutory applications
Rule 7Powers of Court hearing appeal
Rule 8Right of Minister, etc., to appear and be heard
RSC ORDER 56APPEALS, ETC., TO HIGH COURT BY CASE STATED: GENERAL
Rule 1Appeals from the Crown Court by case stated
Rule 4Notice of entry of appeal
Rule 4AAppeals relating to affiliation proceedings and care proceedings
Rule 5Appeal from Magistrates' Court by case stated
Rule 6Case stated by Magistrates' Court: filing case, etc.
Rule 7Case stated by Ministers, tribunal, etc.
Rule 8Application for order to state a case
Rule 9Signing and service of case
Rule 10Proceedings for determination of case
Rule 11Amendment of case
Rule 12Right of Minister to appear and be heard
Rule 12AExtradition
Rule 13Interlocutory applications
RSC ORDER 57 DIVISIONAL COURT PROCEEDINGS, ETC.: SUPPLEMENTARY PROVISIONSApplication . . . . . . . . . ....
Rule 1Application
Rule 2Entry of claims
Rule 3Issue, etc., of claim form
Rule 4Filing of witness statement or affidavits and drawing up of orders
Rule 5Issue of writs
Rule 6Custody of records
RSC ORDER 58APPEALS FROM MASTERS, REGISTRARS, REFEREES AND JUDGES
Rule 1Appeals from certain decisions of Masters, etc. to Judge sitting in private
Rule 2Appeals from certain decisions of Masters, etc., to Court of Appeal
Rule 3Appeals from District Judges
Rule 4Appeals from Judge of the Technology and Construction Court
RSC ORDER 59APPEALS TO THE COURT OF APPEAL
Rule 1Application of Order to appeals
Rule 1BClasses of case where permission to appeal is required
Rule 2Application of Order to applications for new trial
Rule 2AInterpretation
General Provisions as to Appeals
Rule 2BWho may exercise the powers of the Court of Appeal
Rule 2CVariation of time
Rule 3Notice of appeal
Rule 4Time for appealing
Rule 5Setting down appeal
Rule 6Respondent’s notice
Rule 7Amendment of notice of appeal and respondent’s notice
Rule 8Directions of the Court as to service
Rule 9Documents to be filed by appellant
Rule 10General powers of the Court
Rule 11Powers of the Court as to new trials
Rule 12Evidence on appeal
Rule 12ANon—disclosure of payment into Court
Rule 13Stay of execution, etc.
Rule 14Applications to Court of Appeal
Rule 15Extension of time
Special Provisions as to Particular Appeals
Rule 16Appeal against decree nisi
Rule 17Appeal against order for revocation of patent
Rule 18Appeal from Patents Court on appeal from Comptroller
Rule 19Appeal from county court
Rule 20Appeals in cases of contempt of court
Rule 21Appeals from Social Security Commissioners
Rule 22Appeals from Value Added Tax Tribunals
Rule 23Dismissal of patient’s appeal by consent
Rule 24Appeals from Immigration Appeals Tribunal
Rule 25Appeals from Special Commissioners
RSC ORDER 60APPEALS TO COURT OF APPEAL FROM THE RESTRICTIVE PRACTICES COURT
Rule 1Appeal to be brought by notice of appeal
Rule 2Service of notice of appeal
Rule 3Entry, etc. of appeal
Rule 4Powers of Court of Appeal
RSC ORDER 61APPEALS FROM TRIBUNALS TO COURT OF APPEAL BY CASE STATED
Rule 1Statement of case by Lands Tribunal
Rule 2Statement of case by other tribunals
Rule 3Proceedings on case stated
RSC ORDER 62COSTS
APPENDIX 3Fixed Costs
Part II
1Costs on judgment without trial for possession of land
2The costs to be allowed under this Part of this...
Part IIIMiscellaneous
RSC ORDER 64SITTINGS, VACATIONS AND OFFICE HOURS
Rule 4Divisional Court business during vacation
RSC ORDER 51RECEIVERS: EQUITABLE EXECUTION
Rule A1Order to apply to High Court and County Courts
Rule 1Appointment of receiver by way of equitable execution
Rule 2Masters etc. may appoint receiver
Rule 3Application of rules as to appointment of receiver, etc.
RSC ORDER 70Application of rules as to appointment of receiver, etc.
Rule 1Interpretation and exercise of jurisdiction
Rule 2Application for order
Rule 3Application by Treasury Solicitor in certain cases
Rule 4Person to take and manner of taking examination
Rule 5Dealing with deposition
Rule 6Claim to privilege
RSC ORDER 71RECIPROCAL ENFORCEMENT OF JUDGMENTS AND ENFORCEMENT OF EUROPEAN COMMUNITY JUDGMENTS AND RECOMMENDATIONS ETC. UNDER THE MERCHANT SHIPPING (LINER CONFERENCES) ACT 1982
I. Reciprocal Enforcement: the Administration of Justice Act 1920(2) and the Foreign Judgments (Reciprocal Enforcement) Act 1933
Rule 1Powers under relevant Acts exercisable by judge or master
Rule 2Application for registration
Rule 3Evidence in support of application
Rule 4Security for costs
Rule 5Order for registration
Rule 6Register of judgments
Rule 7Notice of registration
Rule 9Application to set aside registration
Rule 10Issue of execution
Rule 11Determination of certain questions
Rule 12Rules to have effect subject to Orders in Council
Rule 13Certified copy of High Court judgment
II. Enforcement of European Community Judgments
Rule 15Interpretation
Rule 16Functions under Order in Council exercisable by judge or master
Rule 17Application for registration of Community judgment, etc.
Rule 18Evidence in support of application
Rule 19Register of judgments and orders
Rule 20Notice of registration
Rule 21Issue of execution
Rule 22Application to vary or cancel registration
Rule 23Application for registration of suspension order
Rule 24Application for enforcement of Euratom inspection order
III. Reciprocal Enforcement: the Civil Jurisdiction and Judgments Act 1982
Rule 25Interpretation
Rule 26Assignment of business and exercise of powers
Rule 27Application for registration
Rule 28Evidence in support of application
Rule 29Security for costs
Rule 30Order for registration
Rule 31Register of judgments registered under s.4 of the Act of 1982
Rule 32Notice of registration
Rule 33Appeals
Rule 34Issue of execution
Rule 35Application for recognition
Rule 36Enforcement of High Court judgments in other Contracting States
Rule 37Enforcement of United Kingdom judgments in other parts of the United Kingdom: money provisions
Rule 38Enforcement of United Kingdom judgments in other parts of the United Kingdom: non-money provisions
Rule 39Register of United Kingdom judgments
Rule 39AAuthentic Instruments and Court Settlements
IV. Enforcement of Recommendations etc. Under the Merchant Shipping (Liner Conferences) Act 1982
Rule 40Exercise of powers
Rule 41Application for registration
Rule 42Evidence in support of application
Rule 43Order for registration
Rule 44Register of recommendations etc.
V. RECIPROCAL ENFORCEMENT: COUNCIL REGULATION (EC) NO. 44/2001 OF 22ND DECEMBER 2000 ON JURISDICTION AND THE RECOGNITION AND ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS
Rule 45Interpretation
Rule 46Assignment of business and exercise of powers
Rule 47Application for registration
Rule 48Evidence in support of application
Rule 49Order for registration
Rule 50Register of judgments registered under the Judgments Regulation
Rule 51Notice of registration
Rule 52Appeals
Rule 53Enforcement
Rule 54Application for recognition
Rule 55Enforcement of High Court Judgments in other Regulation States
Rule 56Register of certificates
Rule 57Authentic instruments and court settlements
RSC ORDER 74APPLICATIONS AND APPEALS UNDER THE MERCHANT SHIPPING ACT 1995
Rule 1Assignment of proceedings
Rule 2Appeals and re-hearings
RSC ORDER 77PROCEEDINGS BY AND AGAINST THE CROWN
Rule 1Application and interpretation
Rule 2Transfer of proceedings
Rule 3Particulars to be included in claim form
Rule 4Service on the Crown
Rule 6Counterclaim and set-off
Rule 7Summary judgment
Rule 8Summary applications to the Court in certain revenue matters
Rule 8AJoinder of Commissioners for HM Revenue and Customs
Rule 9Judgment in default
Rule 10Third party notices
Rule 11Interpleader: application for order against Crown
Rule 12Disclosure and further information
Rule 13Place of trial
Rule 14Evidence
Rule 15Execution and satisfaction of orders
Rule 16Attachment of debts, etc.
Rule 17Proceedings relating to postal packets
Rule 18Applications under ss.17 and 29 of Crown Proceedings Act
RSC ORDER 79CRIMINAL PROCEEDINGS
Rule 8Estreat of recognizances
Rule 9Bail
Rule 10Issue of witness summonses, etc.
Rule 11Application for warrant to arrest witness
RSC ORDER 81PARTNERS
Rule 1Claims by and against firms within jurisdiction
Rule 2Disclosure of partners' names
Rule 4Acknowledgment of service in a claim against firm
Rule 5Enforcing judgment or order against firm
Rule 6Enforcing judgment or order in actions between partners, etc.
Rule 7Attachment of debts owed by firm
Rule 9Application to person carrying on business in another name
Rule 10Applications for orders charging partner’s interest in partnership property, etc.
RSC ORDER 82DEFAMATION CLAIMS
Rule 1Application
Rule 2Indorsement of claim in libel claim
Rule 3Obligation to give particulars
Rule 3ARuling on meaning
Rule 4Provisions as to payment into Court
Rule 5Statement in open Court
Rule 6Further information not allowed in certain cases
Rule 8Fulfilment of offer of amends under s.4 of the Defamation Act 1952
RSC ORDER 85ADMINISTRATION AND SIMILAR ACTIONS
Rule 1Interpretation
Rule 2Determination of questions, etc., without administration
Rule 3Parties
Rule 5Judgments and orders in administration claims
Rule 6Conduct of sale of trust property
RSC ORDER 87DEBENTURE HOLDERS' CLAIMS : RECEIVER'S REGISTER
Rule 1Receiver’s register
Rule 2Registration of transfers, etc.
Rule 3Application for rectification of receiver’s register
Rule 4Receiver’s register evidence of transfers, etc.
Rule 5Proof of title of holder of bearer debenture, etc.
Rule 6Requirements in connection with payments
RSC ORDER 88MORTGAGE CLAIMS
Rule 1Application and Interpretation
Rule 2Assignment of certain actions to Chancery Division
Rule 3Commencement of claim
Rule 4Claim for possession: failure by a defendant to acknowledge service
Rule 5Claim in Chancery Division for possession or payment: evidence
Rule 5AClaim for the enforcement of charging order by sale
Rule 7Foreclosure in redemption claim
RSC ORDER 91REVENUE PROCEEDINGS
Rule 1Assignment to Chancery Division, etc.
Rule 2Appeal under section 222 of the Inheritance Tax Act 1984
Rule 3Setting down case stated under Taxes Management Act 1970
Rule 4Case stated: notice to be given of certain matters
Rule 5Appeals under section 53 and 100C (4) of the Taxes Management Act 1970
Rule 5AAppeals under section 56A of the Taxes Management Act 1970, section 225 of the Inheritance Tax Act 1984 and regulation 10 of the Stamp Duty Reserve Tax Regulations 1986
Rule 6Appeals from value added tax tribunals
RSC ORDER 92LODGMENT, INVESTMENT, ETC., OF FUNDS IN COURT: CHANCERY DIV ISION
Rule 1Payment into court by life assurance company
Rule 2Payment into court under Trustee Act 1925
Rule 3APayments into court under section 26, Banking Act 1987
Rule 4Notice of lodgment
Rule 5Applications with respect to funds in court
RSC ORDER 93APPLICATIONS AND APPEALS TO HIGH COURT UNDER VARIOUS ACTS: CHANCERY DIVISION
Rule1Notice of petition under section 55 of National Debt Act 1870
Rule 2Application under Public Trustee Act 1906
Rule 4Proceedings under Trustee Act 1925
Rule 5Application under section 2(3) of Public Order Act 1936
Rule 6Application under Variation of Trusts Act 1958
Rule 9Right of appeal under Law of Property Act
Rule 10Determination of appeal or case stated under various Acts
Rule11Appeal under section 17 of Industrial Assurance Act 1923
Rule12Appeals, etc., affecting industrial and provident societies, etc.
Rule 15Application under section 19 or 27 of Leasehold Reform Act 1967
Rule16Proceedings under the Commons Registration Act 1965
Rule 17Proceedings under section 21 or 25 of the Law of Property Act 1969
Rule 18Proceedings under section 86 of the Civil Aviation Act 1982
Rule 19Proceedings under s.85 (7) of the Fair Trading Act 1973 and the Control of Misleading Advertisements Regulations 1988
Rule 20Proceedings under section 50 of the Administration of Justice Act 1985
Rule 21Proceedings under section 48 of the Administration of Justice Act 1985
Rule 22Proceedings under the Financial Services and Markets Act 2000
Rule 23Proceedings under the Banking Act 1987
RSC ORDER 94APPLICATIONS AND APPEALS TO HIGH COURT UNDER VARIOUS ACTS: QUEEN'S BENCH DIVISION
Rule 1Jurisdiction of High Court to quash certain orders, schemes, etc.
Rule 2Filing and service of claim form
Rule 3Filing of witness statement or affidavits, etc.
Rule 4Rectification of register of deeds of arrangement
Rule 5Exercise of jurisdiction under Representation of the People Acts
Rule 6Appeal to High Court where Court’s decision is final
Rule 7Reference of question of law by Agricultural Land Tribunal
Rule 8Tribunals and Inquiries Act 1992: appeal from tribunal
Rule 9Tribunals and Inquiries Act 1992: case stated by tribunal
Rule 10Tribunals and Inquiries Act 1971: appeal from Minister of Transport
Rule 10AConsumer Credit Act 1974: appeal from Secretary of State
Rule 11Case stated by Mental Health Review Tribunal
Rule 12Applications for permission under section 289 (6) of the Town and Country Planning Act 1990 and section 65 (5) of the Planning (Listed Buildings and Conservation Areas) Act 1990
Rule 13Proceedings under sections 289 and 290 of the Town and Country Planning Act 1990 and under section 65 of the Planning (Listed Buildings and Conservation Areas) Act 1990
Rule 14Applications under section 13 Coroners Act 1988
Rule 15Applications under section 42, Supreme Court Act 1981
Rule 16Proceedings under the Protection from Harassment Act 1997
RSC ORDER 95BILLS OF SALE ACTS 1878 AND 1882 AND THE INDUSTRIAL AND PROVIDENT SOCIETIES ACT 1967
Rule 1Rectification of register
Rule 2Entry of satisfaction
Rule 3Restraining removal on sale of goods seized
Rule 4Search of register
Rule 5Application under section 1 (5) of the Industrial and Provident Societies Act 1967
Rule 6Assignment of book debts
RSC ORDER 96THE MINES (WORKING FACILITIES AND SUPPORT) ACT 1966, ETC.
Rule 1Assignment to Chancery Division
Rule 2Reference by Secretary of State of certain applications
Rule 3Issue of claim form
Rule 4Appointment for directions
Rule 5Objections to application
Rule 6List of objectors
Rule 7Directions on further hearing
Rule 8Other applications
RSC ORDER 97THE LANDLORD AND TENANT ACTS 1927, 1954 AND 1987
Rule 1Interpretation
Rule 2Assignment of proceedings to Chancery Division, etc.
Rule 3Issue, etc., of claim form
Rule 4Claim for compensation in respect of improvement
Rule 5Proceedings under Part I of Act of 1927
Rule 6Application for new tenancy under section 24 of Act of 1954
Rule 6AApplication to authorise agreement
Rule 7Evidence on application under section 24 of Act of 1954
Rule 8Parties to certain proceedings
Rule 9Order dismissing application under section 24 which is successfully opposed
Rule 9AApplication to determine interim rent
Rule 10Other applications under Part II of Act of 1954
Rule 11Transfer of proceedings from county court
Rule 12Application for relief under section 16, etc., of the Act of 1954
Rule 13Evidence of rateable value
Rule 14Application under section 19 of the Act of 1987
Rule 15Application for order under section 24 of the Act of 1987
Rule 16Application for acquisition order under section 29 of the Act of 1987
Rule 17Application for order under section 38 or section 40 of the Act of 1987
Rule 18Service of notices in proceedings under the Act of 1987
Rule 19Tenants' associations
RSC ORDER 98LOCAL GOVERNMENT FINANCE ACT 1982, PART III
Rule 1Interpretation
Rule 2Application by auditor for declaration
Rule 3Appeal against decision of auditor
Rule 4General provisions
RSC ORDER 99INHERITANCE (PROVISION FOR FAMILY AND DEPENDANTS) ACT 1975
Rule A1Order to apply to High Court and County Court
Rule 1Interpretation
Rule 2Assignment to Chancery or Family Division if proceedings in High Court
Rule 3Application for financial provision
Rule 4Powers of Court as to parties
Rule 5Witness statement or affidavit in answer
Rule 6Separate representation
Rule 7Endorsement of memorandum on grant
Rule 8Disposal of proceedings in private
Rule 9Subsequent applications in proceedings under section 1
Rule 10Drawing up and service of orders
RSC ORDER 101THE PENSIONS APPEAL TRIBUNALS ACT 1943
Rule 1Assignment to Queen’s Bench Division
Rule 2Construction of reference to judge
Rule 3Application for permission to appeal
Rule 4Appeal
RSC ORDER 106PROCEEDINGS RELATING TO SOLICITORS: THE SOLICITORS ACT 1974
Rule 1Interpretation
Rule 2Jurisdiction under Part III of Act
Rule 3Power to order solicitor to deliver cash account, etc.
Rule 5ACertificate to be submitted with solicitor’s application for detailed assessment
Rule 6Applications under Schedule 1 to Act
Rule 7Defendants to applications under Schedule 1 to Act
Rule 8Interim order restricting payment out of banking account
Rule 9Adding parties, etc.
Rule 10Service of documents
Rule 11Constitution of Divisional Court to hear appeals
Rule 12Title, service, etc., of notice of appeal
Rule 13Law Society to produce certain documents
Rule 14Restriction on requiring security for costs
Rule 15Disciplinary committee’s opinion may be required
Rule 16Persons entitled to be heard on appeal
Rule 17Discontinuance of appeal
RSC ORDER 108PROCEEDINGS RELATING TO CHARITIES: THE CHARITIES ACT 1993
Rule 1Interpretation
Rule 2Assignment to Chancery Division
Rule 3Application for permission to appeal or to take charity proceedings
Rule 4Application for enforcement of order or direction of Commissioners
Rule 5Appeal against order, etc., of Commissioners
Rule 6Service on Commissioners
RSC ORDER 109THE ADMINISTRATION OF JUSTICE ACT 1960
Rule 1Applications under Act
Rule 2Appeals under section 13 of Act
Rule 3Release of appellant on bail
Rule 4Release of appellant on bail by the Court of Appeal
RSC ORDER 110ENVIRONMENTAL CONTROL PROCEEDINGS
Rule 1Injunctions to prevent environmental harm
RSC ORDER 111THE SOCIAL SECURITY ADMINISTRATION ACT 1992
Rule 1Judge by whom appeals and references to be heard
Appeal: preliminary statement of facts by Secretary of State
Special provisions as to appeals
Reference of question of law
Powers of Court hearing appeal or reference
RSC ORDER 112APPLICATIONS FOR USE OF SCIENTIFIC TESTS IN DETERMINING PARENTAGE
Rule 1Interpretation
Rule 2Application for direction
Rule 3Applications involving children under 16 and patients
Rule 4Addition as a party of person to be tested
Rule 5Service of direction and adjournment of proceedings
Rule 6Service of copy report
RSC ORDER 113SUMMARY PROCEEDINGS FOR POSSESSION OF LAND
Rule 1Proceedings to be brought by claim form
Rule 1AJurisdiction of Masters
Rule 2Forms of claim form
Rule 3Witness statement or affidavit in support
Rule 4Service of claim form
Rule 5Application by occupier to be made a party
Rule 6Order for possession
Rule 7Writ of possession
Rule 8Setting aside order
RSC ORDER 114REFERENCES TO THE EUROPEAN COURT
Rule 1Interpretation
Rule 2Making of order
Rule 3Schedule to order to set out request for ruling
Rule 4Stay of proceedings pending ruling
Rule 5Transmission of order to the European Court
Rule 6Appeals from orders made by High Court
RSC ORDER 115CONFISCATION AND FORFEITURE IN CONNECTION WITH CRIMINAL PRO CEEDINGS
I. Drug Trafficking Act 1994 and Criminal Justice (International Co-operation) Act 1990
Rule 1Interpretation
Rule 2Assignment of proceedings
Rule 2ATitle of proceedings
Rule 2BApplication for confiscation order
Rule 3Application for restraint order or charging order
Rule 4Restraint order and charging order
Rule 5Discharge or variation of order
Rule 6Further application by prosecutor
Rule 7Realisation of property
Rule 8Receivers
Rule 9Certificate of inadequacy
Rule 9ACertificate under section 16
Rule 10Compensation
Rule 11Disclosure of information
Rule 11ACompensation for, discharge and variation of confiscation order
Rule 12Exercise of powers under sections 37 and 40
Rule 13Application for registration
Rule 14Evidence in support of application under section 37
Rule 15Evidence in support of application under section 40 (1)
Rule 16Register of orders
Rule 17Notice of registration
Rule 18Application to vary or set aside registration
Rule 19Enforcement of order
Rule 20Variation, satisfaction and discharge of registered order
Rule 21Rules to have effect subject to Orders in Council
Rule 21ACriminal Justice (International Co-operation) Act 1990: external forfeiture orders
II. Part VI of the Criminal Justice Act 1988
Rule 22Interpretation
Rule 23Application of Part I of Order 115
III: TERRORISM ACT 2000
Rule 24Interpretation
Rule 25Assignment of proceedings
Rule 26Application for restraint order and domestic freezing order certificate
Rule 27Restraint order
Rule 28Discharge or variation of a restraint order and a domestic freezing order certificate
Rule 29Compensation in relation to a restraint order, domestic freezing order certificate or forfeiture order
Rule 30Application for registration of a British Islands order
Rule 31Evidence in support of an application for registration of a British Islands order
Rule 32Register of all orders registered under the Act
Rule 33Notice of registration of a British Islands order
Rule 34Application to vary or cancel registration of a British Islands order
Rule 35Enforcement of a British Islands order
Rule 36Variation and cancellation of registration of a British Islands order
36AGiving effect to an overseas freezing order – consideration by the court
36BGiving effect to an overseas freezing order – registration
36CNotice of registration of an overseas freezing order
36DApplication to cancel the registration of, or vary, an overseas freezing order
Part IV International Criminal Court Act 2001: fines, forfeitures and reparation orders
37Interpretation
38Registration of ICC orders for enforcement
RSC ORDER 116THE CRIMINAL PROCEDURE AND INVESTIGATIONS ACT 1996
1Application
2Interpretation
3Assignment of proceedings
4Time limit for making application
5Application
6Notice to the acquitted person
7Witness statement or affidavit of service on an acquitted person
8Response of acquitted person
9Evidence
10Determination of the application
SCHEDULE 2
CCR ORDER 1CITATION, APPLICATION AND INTERPRETATION
Rule 6Application of RSC to County Court proceedings
CCR ORDER 3COMMENCEMENT OF PROCEEDINGS
Rule 6Appeals to county court
CCR ORDER 4VENUE FOR BRINGING PROCEEDINGS
Rule 3Proceedings relating to land
CCR ORDER 5CAUSES OF ACTION AND PARTIES
Rule 5Representative proceedings
Rule 6Representation of person or class
Rule 7Representation of estate where no personal representative
Rule 8Proceedings against estates
Rule 9Partners may sue and be sued in firm name
Rule 10Defendant carrying on business in another name
Rule 12Failure to proceed after death of party
Rule 13Claim to money in court where change in parties after judgment
Rule 14Bankruptcy of claimant
CCR ORDER 6PARTICULARS OF CLAIM
Rule 3Recovery of land
Rule 5Mortgage claim
Rule 5AMortgage claim—dwelling-house
Rule 6Hire-purchase
CCR ORDER 7SERVICE OF DOCUMENTS
Rule 15Recovery of land
Rule 15AMortgage possession claims
CCR ORDER 13APPLICATIONS AND ORDERS IN THE COURSE OF PROCEEDINGS
Rule 1General provisions
CCR ORDER 16TRANSFER OF PROCEEDINGS
Rule 7Interpleader proceedings under execution
CCR ORDER 19REFERENCE TO EUROPEAN COURT
Rule 15Making and transmission of order
CCR ORDER 22JUDGMENTS AND ORDERS
Rule 8Certificate of judgment
Rule 10Variation of payment
Rule 11Set-off of cross-judgments
Rule 13Order of appellate court
CCR ORDER 24SUMMARY PROCEEDINGS FOR THE RECOVERY OF LAND
Part I—Land
Rule 1Proceedings to be by claim form
Rule 2Witness statement or affidavit in support
Rule 3Service of claim form
Rule 4Application by occupier to be made a party
Rule 5Hearing of claim
Rule 6Warrant of possession
Rule 7Setting aside order
Part II—Interim Possession Orders
Rule 8Definitions and interpretation
Rule 9Conditions for interim possession order application
Rule 10Issue of the applications
Rule 11Service of the notice of application
Rule 12Consideration of the application
Rule 13Service and enforcement of the interim possession order
Rule 14Matters arising after making of an interim possession order
Rule 15Application to set aside an interim possession order
CCR ORDER 25ENFORCEMENT OF JUDGMENTS AND ORDERS: GENERAL
Rule 1Judgment creditor and debtor
Rule 2Transfer of proceedings for enforcement
Rule 3Oral examination of debtor
Rule 4Examination of debtor under judgment not for money
Rule 5Provision of information
Rule 5AInterest on judgment debts
Rule 6Description of parties
Rule 7Recording and giving information as to warrants and orders
Rule 8Suspension of judgment or execution
Rule 9Enforcement of judgment or order against firm
Rule 10Enforcing judgment between a firm and its members
Rule 11Enforcement of High Court judgment
Rule 12Enforcement of award of tribunal
Rule 13Transfer to High Court for enforcement
CCR ORDER 26WARRANTS OF EXECUTION, DELIVERY AND POSSESSION
Rule 1Application for warrant of execution
Rule 2Execution of High Court judgment
Rule 3Execution against farmer
Rule 4Concurrent warrants
Rule 5Permission to issue certain warrants
Rule 6Duration and renewal of warrant
Rule 7Notice on levy
Rule 8Bankruptcy or winding up of debtor
Rule 10Withdrawal and suspension of warrant at creditor’s request
Rule 11Suspension of part warrant
Rule 12Inventory and notice where goods removed
Rule 13Account of sale
Rule 14Notification to foreign court of payment made
Rule 15Order for private sale
Rule 16Warrant of delivery
Rule 17Warrant of possession
Rule 18Saving for enforcement by committal
CCR ORDER 27ATTACHMENT OF EARNINGS
Part I—General
Rule 1Interpretation
Rule 2Index of orders
Rule 3Appropriate court
Rule 4Mode of applying
Rule 5Service and reply
Rule 6Notice to employer
Rule 7Attachment of earnings order
Rule 7AFailure by debtor
Rule 7BSuspended committal order
Rule 8Failure by debtor—maintenance orders
Rule 9Costs
Rule 10Contents and service of order
Rule 11Application to determine whether particular payments are earnings
Rule 12Notice of cesser
Rule 13Variation and discharge by court of own initiative
Rule 14Transfer of attachment order
Rule 15Exercise of power to obtain statement of earnings etc.
Rule 16Offences
Rule 17Maintenance orders
Part II—Consolidated Attachment of Earnings Orders
Rule 18Cases in which consolidated order may be made
Rule 19Application for consolidated order
Rule 20Making of consolidated order by court of its own initiative
Rule 21Extension of consolidated order
Rule 22Payments under consolidated order
CCR ORDER 28JUDGMENT SUMMONSES
Rule A1Definitions
Rule 1Application for judgment summons
Rule 1ADescription of parties
Rule 2Mode of service
Rule 3Time for service
Rule 4Enforcement of debtor’s attendance
Rule 5Evidence
Rule 7Suspension of committal order
Rule 8New order on judgment summons
Rule 9Notification of order on judgment of High Court
Rule 10Costs on judgment summons
Rule 11Issue of warrant of committal
Rule 12Notification to foreign court of part payment before debtor lodged in prison
Rule 13Payment after debtor lodged in prison
Rule 14Discharge of debtor otherwise than on payment
CCR ORDER 29COMMITTAL FOR BREACH OF ORDER OR UNDERTAKING
Rule 1Enforcement of judgment to do or abstain from doing any act
Rule 1AUndertaking given by party
Rule 2Solicitor’s undertaking
Rule 3Discharge of person in custody
CCR ORDER 30GARNISHEE PROCEEDINGS
Rule 1Attachment of debt due to judgment debtor
Rule 2Application for order
Rule 3Preparation, service and effect of order to show cause
Rule 5Notice by deposit-taking institution denying indebtedness
Rule 7Order where no notice given etc.
Rule 8Directions where dispute as to notice under rule 5
Rule 9Determination of liability in other cases
Rule 10Transfer of proceedings
Rule 11Discharge of garnishee
Rule 12Money in court
Rule 13Costs of judgment creditor
Rule 14Attachment of debt owed by firm
Rule 15Powers of district judge
CCR ORDER 31CHARGING ORDERS
Rule 1Application for charging order
Rule 2Order on further consideration of application for charging order
Rule 3Effect of charging order etc.
Rule 4Enforcement of charging order by sale
CCR ORDER 33INTERPLEADER PROCEEDINGS
Part I Under Execution
Rule 1Notice of claim
Rule 2Reply to interpleader claim
Rule 3Order protecting district judge
Rule 4Issue of interpleader proceedings
Rule 5Claim for damages
Part II— Otherwise than under Execution
Rule 6Application for relief
Rule 7Relief in pending claim
Rule 8Relief otherwise than in pending claim
Rule 9Payment into court etc.
Rule 10Reply by interpleader claimant
Rule 11Order barring interpleader claim etc.
CCR ORDER 34PENAL AND DISCIPLINARY PROVISIONS
Rule 1Issue and service of summons for offence under s.14, 92 or 124 of the Act
Rule 1ACommittal under s.14, 92 or 118 of the Act
Rule 2Notice to show cause before or after fine under s.55 of the Act
Rule 3Non-payment of fine
Rule 4Repayment of fine
CCR ORDER 35ENFORCEMENT OF COUNTY COURT JUDGMENTS OUTSIDE ENGLAND AND WALES
Part I—Enforcement outside United Kingdom
Rule 1Interpretation of Part I
Rule 2Application under s.10 of the Act of 1933 for certified copy of county court judgment
Rule 3Application under s.12 of the Act of 1982 for certified copy of county court judgment
Rule 3AApplication under Article 54 of the Council Regulation (EC) No. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters
Part II—Enforcement in other parts of the United Kingdom
Rule 4Interpretation of Part II
Rule 5Application for certificate of money provision
Rule 6Application for certified copy of judgment containing non-money provision
CCR ORDER 37...REHEARING, SETTING ASIDE AND APPEAL FROM DISTRICT JUDGE
Rule 1Rehearing
Rule 6Appeal from district judge
Rule 8Imposition of terms and stay of execution
CCR ORDER 38COSTS
Rule 18Fixed costs
APPENDIX BPART I
...
Part IIJudgments
...
PART IIIMiscellaneous Proceedings
CCR ORDER 39ADMINISTRATION ORDERS
Rule 1Exercise of powers ...
Rule 2Request and list of creditors
Rule 3Verification on oath
Rule 5Orders made by the court officer
Rule 6Notice of objection by creditor
Rule 7Procedure on day of hearing
Rule 8Direction for order to be subject to review
Rule 9Service of order
Rule 10Subsequent objection by creditor
Rule 11Subsequent proof by creditor
Rule 12Permission to present bankruptcy petition
Rule 13Conduct of order
Rule 13AReview by court officer in default of payment
Rule 14Review of order
Rule 16Discharge of attachment of earnings order
Rule 17Declaration of dividends
Rule 18Creditors to rank equally
Rule 19Change of debtor’s address
CCR ORDER 42PROCEEDINGS BY AND AGAINST THE CROWN
Rule 1Application and interpretation
Rule 4Particulars of claim in claim against the Crown
Rule 5Subsequent procedure in claim
Rule 6Subsequent procedure in fixed date claim
Rule 7Service on the Crown
Rule 8Special provisions regarding orders made by the Court of its own initiative against the Crown
Rule 9Counterclaim in proceedings by or against the Crown
Rule 10Adjustment of liability under judgment for taxes
Rule 11Part 20 claim against the Crown where the Crown is not already a party
Rule 12Disclosure against the Crown
Rule 13Execution and satisfaction of orders against the Crown
Rule 14Attachment of debts etc.
CCR ORDER 43THE LANDLORD AND TENANT ACTS 1927, 1954, 1985 AND 1987
Rule 1Interpretation
Rule 2Commencement of proceedings and answer
Rule 3Claim for compensation in respect of improvement
Rule 4Proceedings under Part I of the Act of 1927
Rule 5Proceedings under Part I of the Act of 1954
Rule 6Application for new tenancy under section 24 of the Act of 1954
Rule 7Answer to application for new tenancy under section 24 of the Act of 1954
Rule 8Order dismissing application under section 24 which is successfully opposed
Rule 9Other applications under Part II of the Act of 1954
Rule 10Service of order in proceedings under Part II of the Act of 1954
Rule 11Proof of determination of rateable value
Rule 13Provisions as to assessors
Rule 15District judge’s jurisdiction
Rule 16Application under section 12 (2) of the Act of 1985
Rule 16ATransfer to leasehold valuation tribunal
Rule 17Application under section 19 of the Act of 1987
Rule 18Application for order under section 24 of the Act of 1987
Rule 19Application for acquisition order under section 29 of the Act of 1987
Rule 20Application for order under section 38 or section 40 of the Act of 1987
Rule 21Service of documents in proceedings under the Act of 1987
Rule 22Tenants' associations
CCR ORDER 44THE AGRICULTURAL HOLDINGS ACT 1986
Rule 1Order to arbitrator to state case
Rule 2Special case stated by arbitrator
Rule 3Removal of arbitrator or setting aside award
Rule 4Enforcement of order imposing penalty
CCR ORDER 45THE REPRESENTATION OF THE PEOPLE ACT 1983
Rule 1Application for detailed assessment of returning officer’s account
Rule 2Appeal from decision of registration officer
Rule 3Selected appeals
CCR ORDER 46THE LEGITIMACY ACT 1976
Rule 1Manner of application
Rule 2Preliminary consideration and service
Rule 3Answer
CCR ORDER 47DOMESTIC AND MATRIMONIAL PROCEEDINGS
Rule 5Family Law Reform Act 1969
CCR ORDER 48BEnforcement of traffic penalties
Rule 1Application and interpretation
Rule 1AEstablishment of the traffic enforcement centre
Rule 2Requests for orders
Rule 3Documents
Rule 4Functions of court officer
Rule 5Enforcement of orders
CCR ORDER 48DENFORCEMENT OF FIXED PENALTIES UNDER THE ROAD TRAFFIC (VEHICLE EMISSIONS) (FIXED PENALTY) REGULATIONS 1997
1Application and interpretation
2The traffic enforcement centre
3Requests for Orders and Warrants of Execution
4Documents
5Enforcement of Orders
CCR ORDER 49MISCELLANEOUS STATUTES
Rule 1Access to Neighbouring Land Act 1992
Rule 1AAdministration of Justice Act 1970
Rule 2Chancel Repairs Act 1932
Rule 4Consumer Credit Act 1974
Rule 4AApplications under section 114, 204 and 231 of the Copyright, Designs and Patents Act 1988
Rule 5Fair Trading Act 1973
Rule 6Housing Act 1988: assured tenancies
Rule 6AHousing Act 1988: assured shorthold tenancies
Rule 6BHousing Act 1996: injunctions ...
Rule 7Injunctions to prevent environmental harm: Town and Country Planning Act 1990 etc.
Rule 8Leasehold Reform Act 1967
Rule 9Leasehold Reform, Housing and Urban Development Act 1993
Rule 10Local Government Finance Act 1982
Rule 11Local Government (Miscellaneous Provisions) Act 1976
Rule 12Mental Health Act 1983
Rule 13Mobile Homes Act 1983
Rule 15Postal Services Act 2000
Rule 16Rentcharges Act 1977
Rule 17Sex Discrimination Act 1975, Race Relations Act 1976, Disability Discrimination Act 1995 and Disability Rights Commission Act 1999
Rule 18Solicitors Act 1974
Rule 18ACommunications Act 2003
Rule 18BApplications under section 19 of the Trade Marks Act 1994
Rule 19Trade Union and Labour Relations Consolidation Act 1992
Rule 20Trustee Act 1925, s.63

1998 No. 3132 (L.17)

SUPREME COURT OF ENGLAND AND WALES
COUNTY COURTS

The Civil Procedure Rules 1998

Made

Laid before Parliament

Coming into force

The Civil Procedure Rule Committee, having power under section 2 of the Civil Procedure Act 19971 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—C1C2C3C4C5C6C7C8C9C10C11C12C13C14C15C16C17C18C19C20C21C22

Annotations:
Modifications etc. (not altering text)
C4

Rules applied (with modifications) (24.2.2003) by S.I. 1987/2024, rule 60(11) (as substituted by The Non-Contentious Probate (Amendment) Rules 2003 (S.I. 2003/185), rules 1, 5 (with rule 3))

C6

Rules applied (with modifications) (1.10.2007) by The Court of Protection Rules 2007 (S.I. 2007/1744), rules 1, 9

C7

Rules applied (with modifications) (25.2.2009) by The Bank Insolvency (England and Wales) Rules 2009 (S.I. 2009/356), rules 1, 227 (with rule 3)

C8

Rules applied (with modifications) (1.11.2009) by The Water Industry (Special Administration) Rules 2009 (S.I. 2009/2477), rules 2, 100(1) (with rule 100(2))

C11

Rules applied (with modifications) (7.6.2013) by The Energy Supply Company Administration Rules 2013 (S.I. 2013/1046), rules 1, 126 (with rules 3, 208)

C12

Rules applied (with modifications) (1.7.2013) by The Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 (S.I. 2013/1169), rules 1(1) 13(8) (with rule 2)

C17

Rules applied (with modifications) (31.1.2019) by The Education Administration Rules 2018 (S.I. 2018/1135), rules 1, 4.1 (with rule 1.2)