The Civil Procedure Rules 1998

[F1 The hearing E+W

65.18.— (1) At the hearing fixed in accordance with rule 65.16(1) or at any adjournment of that hearing the court [F2 shall take appropriate steps to ensure that the respondent is aware of their entitlement to a reasonable opportunity to obtain legal representation and to apply for legal aid which may be available without any means test, and] may—

(a) [F3 decide the claim]; or

(b) give case management directions.

(2) Where [F4 the claim] is genuinely disputed on grounds which appear to be substantial, case management directions given under paragraph (1)(b) will include the allocation of [F4 the claim] to a track or directions to enable it to be allocated.

(3) Except where—

(a) [F5 the claim] is allocated to the fast track [F6 , intermediate track] or the multi-track; or

(b) the court directs otherwise,

any fact that needs to be proved by the evidence of witnesses at a hearing referred to in paragraph (1) may be proved by evidence in writing.

(Rule 32.2(1) sets out the general rule about evidence. Rule 32.2(2) provides that rule 32.2(1) is subject to any provision to the contrary)

(4) All witness statements must be filed and served at least two days before the hearing.

(5) Where the claimant serves the claim form and particulars of claim, [F7 the claimant] must produce at the hearing a certificate of service of those documents and rule [F8 6.17(2)(a)] does not apply.]

Textual Amendments

F1 Pt. 65 inserted (30.6.2004) by The Civil Procedure (Amendment) Rules 2004 (S.I. 2004/1306), rule 1(b), Sch. 2 (with rule 20(2)(a))

F2 Words in rule 65.18(1) inserted (6.4.2022) by The Civil Procedure (Amendment) Rules 2022 (S.I. 2022/101), rules 1(1), 17(1)

F3 Words in rule 65.18(1)(a) substituted (1.10.2005) by The Civil Procedure (Amendment No.3) Rules 2005 (S.I. 2005/2292), rules 1(c), 48(h)(i)

F4 Words in rule 65.18(2) substituted (1.10.2005) by The Civil Procedure (Amendment No.3) Rules 2005 (S.I. 2005/2292), rules 1(c), 48(h)(ii)

F5 Words in rule 65.18(3)(a) substituted (1.10.2005) by The Civil Procedure (Amendment No.3) Rules 2005 (S.I. 2005/2292), rules 1(c), 48(h)(iii)

F6 Words in rule 65.18(3)(a) inserted (1.10.2023) by The Civil Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/572), rules 1(1), 21(1) (with rule 2)

F7 Words in rule 65.18(5) substituted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 36(c)(i)

F8 Word in rule 65.18(5) substituted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 36(c)(ii)