Textual Amendments
F1Pt. 25 heading substituted (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rules 1(b), 13(1)
Modifications etc. (not altering text)
C1Pt. 25 restricted (17.7.2013) by Finance Act 2013 (c. 29), s. 234
Textual Amendments
F2Pt. 25 Section 1 heading inserted (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rules 1(b), 13(2), Sch. 3 Pt. 1
25.2—(1) An order for an interim remedy may be made at any time, including—
(a)before proceedings are started; and
(b)after judgment has been given.
(Rule 7.2 provides that proceedings are started when the court issues a claim form)
(2) However—
(a)paragraph (1) is subject to any rule, practice direction or other enactment which provides otherwise;
(b)the court may grant an interim remedy before a claim has been made only if—
(i)the matter is urgent; or
(ii)it is otherwise desirable to do so in the interests of justice; and
(c)unless the court otherwise orders, a defendant may not apply for any of the orders listed in rule 25.1(1) before he has filed either an acknowledgement of service or a defence.
(Part 10 provides for filing an acknowledgment of service and Part 15 for filing a defence)
[F3(3) Where it grants an interim remedy before a claim has been commenced, the court should give directions requiring a claim to be commenced.]
(4) In particular, the court need not direct that a claim be commenced where the application is made under section 33 of the Supreme Court Act 1981 or section 52 of the County Courts Act 1984 (order for disclosure, inspection etc. before commencement of a claim).
Textual Amendments
F3Rule 25.2(3) substituted (6.4.2006) by The Civil Procedure (Amendment No.4) Rules 2005 (S.I. 2005/3515), rules 1, 7(b)
Commencement Information