| VOLUME
I |
| RULES AND PRACTICE
DIRECTIONS |
| Notes to RAPR |
|
|---|
| |
| PART 1 |
OVERRIDING OBJECTIVE |
|---|
| Rule 1.1 |
The overriding
objective |
| Rule 1.2 |
Application by the court of the overriding
objective |
| Rule 1.3 |
Duty of the parties |
| Rule 1.4 |
Court's duty to
manage cases |
| |
| PART 2 |
APPLICATION AND INTERPRETATION OF THE
RULES |
|---|
| Rule
2.1 |
Application of the
Rules |
| Rule 2.2 |
The glossary |
| Rule
2.3 |
Interpretation |
| Rule 2.4 |
Power of judge,
Master or district judge to perform functions of the court |
| Rule 2.5 |
Court staff
|
| Rule 2.6 |
Court documents to be sealed |
| Rule 2.7 |
Court's
discretion as to where it deals with cases |
| Rule 2.8 |
Time |
| Rule
2.9 |
Dates for compliance to be calendar
dates and to include time of day |
| Rule
2.10 |
Meaning of ‘month’ in judgments,
etc. |
| Rule 2.11 |
Time limits may be varied by parties |
|
|
PRACTICE DIRECTIONS: |
|
|
COURT OFFICES |
|
|
B.
ALLOCATION OF CASES TO LEVELS OF JUDICIARY |
| |
| PART
3 |
THE COURT'S CASE MANAGEMENT
POWERS |
|---|
| Rule
3.1 |
The court's general powers of
management |
| Rule 3.2 |
Court officer's power to refer to a
judge |
| Rule 3.3 |
Court's power to make order of its own
initiative |
| Rule 3.4 |
Power to strike out a statement of case |
| Rule 3.5 |
Judgment without
trial after striking out |
| Rule
3.6 |
Setting aside judgment entered after
striking out |
| Rule 3.7 |
Sanctions for non-payment of certain
fees |
| Rule 3.7B |
Sanctions for dishonouring cheque |
| Rule 3.8 |
Sanctions have
effect unless defaulting party obtains relief |
| Rule 3.9 |
Relief from
sanctions |
| Rule 3.10 |
General power of the court to rectify matters where there
has been an error of procedure |
| Rule
3.11 |
Power of the court to make civil
restraint orders |
|
|
PRACTICE
DIRECTIONS: |
|
|
STRIKING OUT A STATEMENT OF
CASE |
|
|
B. SANCTIONS FOR NON-PAYMENT OF
FEES |
|
|
C. CIVIL RESTRAINT
ORDERS |
| |
| PART 4 |
FORMS |
|---|
| Rule 4 |
Forms |
|
|
PRACTICE
DIRECTION |
| |
| PART 5 |
COURT
DOCUMENTS |
|---|
| Rule
5.1 |
Scope of this Part |
| Rule 5.2 |
Preparation of
documents |
| Rule 5.3 |
Signature of documents by mechanical
means |
| Rule 5.4 |
Register of claims |
| Rule
5.4A |
Supply of documents to
Attorney-General from court records |
| Rule
5.4B |
Supply of documents to a party from
court records |
| Rule 5.4C |
Supply of documents to a non-party from court
records |
| Rule 5.4D |
Supply of documents from court records -
general |
| Rule 5.5 |
Filing and sending documents |
|
|
PRACTICE DIRECTIONS: |
|
|
COURT DOCUMENTS |
|
|
B.
ELECTRONIC COMMUNICATION AND FILING OF DOCUMENTS |
| |
| PART
6 |
SERVICE OF DOCUMENTS |
|---|
|
|
|
|
|
I General Rules about service |
| Rule 6.1 |
Part 6 rules about service apply
generally |
| Rule 6.2 |
Methods of service – general |
| Rule 6.3 |
Who is to serve
|
| Rule 6.4 |
Personal service |
| Rule
6.5 |
Address for service |
| Rule 6.6 |
Service of
documents on children and protected parties |
| Rule 6.7 |
Deemed
service |
| Rule 6.8 |
Service by an alternative method |
| Rule 6.9 |
Power of court
to dispense with service |
| Rule
6.10 |
Certificate of
service |
| Rule 6.11 |
Notification of outcome of postal service by the
court |
| Rule 6.11A |
Notice of non-service by
bailiff |
|
|
|
|
|
II Special
provisions about service of the claim form |
| Rule 6.12 |
General rules about service subject to special rules about
service of claim form |
| Rule
6.13 |
Service of claim form by the court –
defendant's address for service |
| Rule
6.14 |
Certificate of service relating to
the claim form |
| Rule 6.15 |
Service of claim form by contractually agreed
method |
| Rule 6.16 |
Service of claim form on agent of principal who is
overseas |
|
|
|
|
|
III Special
provisions about service out of the Jurisdiction |
| Rule 6.17 |
Scope of this Section |
| Rule 6.18 |
Definitions |
| Rule
6.19 |
Service out of the jurisdiction where
the permission of the court is not required |
| Rule 6.20 |
Service out of
the jurisdiction where the permission of the court is
required |
| Rule 6.21 |
Application for permission to serve claim form out of
jurisdiction |
| Rule 6.22 |
Period for acknowledging service or for admitting the claim
where the claim form is served out of the jurisdiction under rule
6.19 |
| Rule 6.23 |
Period for filing a defence where the claim form is served
out of the jurisdiction under rule 6.19 |
| Rule 6.24 |
Method of
service – general provisions |
| Rule
6.25 |
Service through foreign governments,
judicial authorities and British Consular authorities |
| Rule 6.26 |
Procedure where
service is to be through foreign governments, judicial authorities and British
Consular authorities |
| Rule
6.26A |
Service in accordance with the
Service Regulation |
| Rule
6.27 |
Service of claim form on State where
court permits service out of the jurisdiction |
| Rule 6.28 |
Translation of
claim form |
| Rule 6.29 |
Undertaking to be responsible for expenses of the Foreign
and Commonwealth Office |
| Rule
6.30 |
Service of documents other than the
claim form |
| Rule 6.31 |
Proof of service |
|
|
|
|
|
IV Service of Foreign Process |
| Rule 6.32 |
Scope and definitions |
| Rule 6.33 |
Request for
service |
| Rule 6.34 |
Method of service |
| Rule
6.35 |
After service |
|
|
PRACTICE DIRECTIONS: |
|
|
SERVICE |
|
|
B. SERVICE
OUT OF THE JURISDICTION |
| |
| PART 7 |
HOW TO
START PROCEEDINGS – THE CLAIM FORM |
|---|
| Rule 7.1 |
Where to start
proceedings |
| Rule 7.2 |
How to start proceedings |
| Rule 7.3 |
Right to use one
claim form to start two or more claims |
| Rule 7.4 |
Particulars of
claim |
| Rule 7.5 |
Service of a claim form |
| Rule 7.6 |
Extension of
time for serving a claim form |
| Rule
7.7 |
Application by defendant for service
of a claim form |
| Rule 7.8 |
Form for defence etc. must be served with particulars of
claim |
| Rule 7.9 |
Fixed date and other claims |
| Rule 7.10 |
Production
Centre for claims |
| Rule
7.11 |
Human Rights |
| Rule 7.12 |
Electronic issue
of claims |
|
|
PRACTICE
DIRECTIONS: |
|
|
HOW TO START
PROCEEDINGS |
|
|
B. CONSUMER CREDIT ACT 2006
- UNFAIR RELATIONSHIPS |
|
|
C. PRODUCTION
CENTRE |
|
|
D. CLAIMS FOR THE RECOVERY OF
TAXES |
|
|
E. MONEY CLAIM
ONLINE |
| |
| PART 8 |
ALTERNATIVE
PROCEDURE FOR CLAIMS |
|---|
| Rule 8.1 |
Types of claim
in which Part 8 procedure may be followed |
| Rule 8.2 |
Contents of the
claim form |
| Rule 8.2A |
Issue of claim form without naming
defendants |
| Rule 8.3 |
Acknowledgment of service |
| Rule 8.4 |
Consequence of
not filing an acknowledgment of service |
| Rule 8.5 |
Filing and
serving written evidence |
| Rule
8.6 |
Evidence –
general |
| Rule 8.7 |
Part 20 claims |
| Rule
8.8 |
Procedure where defendant objects to
use of the Part 8 procedure |
| Rule
8.9 |
Modifications to the general
rules |
|
|
PRACTICE
DIRECTION |
| |
| PART 9 |
RESPONDING TO
PARTICULARS OF CLAIM – GENERAL |
|---|
| Rule 9.1 |
Scope of this
Part |
| Rule 9.2 |
Defence, admission or acknowledgment of
service |
| |
| PART 10 |
ACKNOWLEDGMENT OF
SERVICE |
|---|
| Rule
10.1 |
Acknowledgment of
service |
| Rule 10.2 |
Consequence of not filing an acknowledgment of
service |
| Rule 10.3 |
The period for filing an acknowledgment of
service |
| Rule 10.4 |
Notice to claimant that defendant has filed an
acknowledgment of service |
| Rule
10.5 |
Contents of acknowledgment of
service |
|
|
PRACTICE
DIRECTION |
| |
| PART 11 |
DISPUTING THE
COURT'S JURISDICTION |
|---|
| Rule 11 |
Procedure for
disputing the court's jurisdiction |
| |
| PART 12 |
DEFAULT JUDGMENT |
|---|
| Rule 12.1 |
Meaning of
‘default judgment’ |
| Rule
12.2 |
Claims in which default judgment may
not be obtained |
| Rule
12.3 |
Conditions to be satisfied
|
| Rule 12.4 |
Procedure for obtaining default judgment |
| Rule 12.5 |
Nature of
judgment where default judgment obtained by filing a
request |
| Rule 12.6 |
Interest |
| Rule
12.7 |
Procedure for deciding an amount or
value |
| Rule 12.8 |
Claim against more than one defendant |
| Rule 12.9 |
Procedure for
obtaining default judgment for costs only |
| Rule 12.10 |
Default
judgment obtained by making an application |
| Rule 12.11 |
Supplementary
provisions where applications for default judgment are made |
|
|
PRACTICE DIRECTION |
| |
| PART 13 |
SETTING ASIDE OR VARYING DEFAULT
JUDGMENT |
|---|
| Rule
13.1 |
Scope of this Part |
| Rule 13.2 |
Cases where the
court must set aside judgment entered under Part 12 |
| Rule 13.3 |
Cases where the
court may set aside or vary judgment entered under Part 12 |
| Rule 13.4 |
Application to
set aside or vary judgment – procedure |
| Rule 13.5 |
Omitted |
| Rule
13.6 |
Abandoned claim restored where
default judgment set aside |
| |
| PART 14 |
ADMISSIONS |
|---|
| Rule 14.1 |
Admissions made
after commencement of proceedings |
| Rule
14.1A |
Admissions made before commencement
of proceedings |
| Rule 14.2 |
Period for making an admission |
| Rule 14.3 |
Admission by
notice in writing – application for judgment |
| Rule 14.4 |
Admission of
whole of claim for specified amount of money |
| Rule 14.5 |
Admission of
part of a claim for a specified amount of money |
| Rule 14.6 |
Admission of
liability to pay whole of claim for unspecified amount of
money |
| Rule 14.7 |
Admission of liability to pay claim for unspecified amount
of money where defendant offers a sum in satisfaction of the
claim |
| Rule 14.8 |
Allocation of claims in relation to outstanding
matters |
| Rule 14.9 |
Request for time to pay |
| Rule 14.10 |
Determination
of rate of payment |
| Rule
14.11 |
Determination of rate of payment by
court officer |
| Rule 14.12 |
Determination of rate of payment by
judge |
| Rule 14.13 |
Right of re-determination |
| Rule 14.14 |
Interest |
|
|
PRACTICE
DIRECTION |
| |
| PART 15 |
DEFENCE AND
REPLY |
|---|
| Rule
15.1 |
Part not to apply where claimant uses
Part 8 procedure |
| Rule
15.2 |
Filing a defence |
| Rule 15.3 |
Consequence of
not filing a defence |
| Rule
15.4 |
The period for filing a
defence |
| Rule 15.5 |
Agreement extending the period for filing a
defence |
| Rule 15.6 |
Service of copy of defence |
| Rule 15.7 |
Making a
counterclaim |
| Rule 15.8 |
Reply to defence |
| Rule
15.9 |
No statement of case after a reply to
be filed without court's permission |
| Rule
15.10 |
Claimant's notice where defence is
that money claimed has been paid |
| Rule
15.11 |
Claim stayed if it is not defended or
admitted |
|
|
PRACTICE
DIRECTION |
| |
| PART 16 |
STATEMENTS OF
CASE |
|---|
| Rule
16.1 |
Part not to apply where claimant uses
Part 8 procedure |
| Rule
16.2 |
Contents of the claim
form |
| Rule 16.3 |
Statement of value to be included in the claim
form |
| Rule 16.4 |
Contents of the particulars of claim |
| Rule 16.5 |
Content of
defence |
| Rule 16.6 |
Defence of set-off |
| Rule
16.7 |
Reply to defence |
| Rule 16.8 |
Court's power to
dispense with statements of case |
|
|
PRACTICE DIRECTION |
| |
| PART 17 |
AMENDMENTS TO STATEMENTS OF CASE |
|---|
| Rule 17.1 |
Amendments to statements of case |
| Rule 17.2 |
Power of court
to disallow amendments made without permission |
| Rule 17.3 |
Amendments to
statements of case with the permission of the court |
| Rule 17.4 |
Amendments to
statements of case after the end of a relevant limitation
period |
|
|
PRACTICE
DIRECTION |
| |
| PART 18 |
FURTHER
INFORMATION |
|---|
| Rule
18.1 |
Obtaining further
information |
| Rule 18.2 |
Restriction on the use of further
information |
|
|
PRACTICE
DIRECTION |
| |
| PART 19 |
PARTIES AND GROUP
LITIGATION |
|---|
| Rule
19.1 |
Parties –
general |
|
|
|
|
|
I Addition
and substitution of parties |
| Rule 19.2 |
Change of
parties – general |
| Rule
19.3 |
Provisions applicable where two or
more persons are jointly entitled to a remedy |
| Rule 19.4 |
Procedure for
adding and substituting parties |
| Rule
19.4A |
Human Rights |
| Rule 19.5 |
Special
provisions about adding or substituting parties after the end of a relevant
limitation period |
| Rule
19.5A |
Special rules about parties in claims
for wrongful interference with goods |
|
|
|
|
|
II Representative Parties |
| Rule 19.6 |
Representative parties with same
interest |
| Rule 19.7 |
Representation of interested persons who cannot be
ascertained etc. |
| Rule
19.7A |
Representation of beneficiaries by
trustees etc. |
| Rule 19.7B |
Postal Services Act 2000 (c.26) |
| Rule 19.8 |
Death |
| Rule
19.8A |
Power to make judgements binding on
non-parties |
| Rule 19.9 |
Derivative Claims - how started |
| Rule 19.9A |
Derivative
claims under Chapter 1 of Part 11 of the Companies Act 2006 - application for
permission |
| Rule 19.9B |
Derivative claims under Chapter 1 of Part 11 of the
Companies Act 2006 - members of companies taking over claims by companies or
other members |
| Rule 19.9C |
Derivative claims - other bodies corporate and trade
unions |
| Rule 19.9D |
Derivative claims arising in the course of other
proceedings |
| Rule 19.9E |
Derivative claims - costs |
| Rule 19.9F |
Derivative
claims - discontinuance and settlement |
|
|
|
|
|
III Group Litigation |
| Rule 19.10 |
Definition |
| Rule
19.11 |
Group Litigation
Order |
| Rule 19.12 |
Effect of the GLO |
| Rule
19.13 |
Case management |
| Rule 19.14 |
Removal from
the register |
| Rule 19.15 |
Test claims |
|
|
PRACTICE
DIRECTIONS: |
|
|
ADDITION AND SUBSTITUTION OF
PARTIES |
|
|
B. GROUP
LITIGATION |
|
|
C. DERIVATIVE
CLAIMS |
| |
| PART 20 |
COUNTERCLAIMS AND
OTHER ADDITIONAL CLAIMS |
|---|
| Rule 20.1 |
Purpose of this
Part |
| Rule 20.2 |
Scope and interpretation |
| Rule 20.3 |
Application of
these Rules to additional claims |
| Rule
20.4 |
Defendant's counterclaim against the
claimant |
| Rule 20.5 |
Counterclaim against a person other than the
claimant |
| Rule 20.6 |
Defendant's additional claim for contribution or indemnity
from another party |
| Rule
20.7 |
Procedure for making any other
additional claim |
| Rule
20.8 |
Service of claim
form |
| Rule 20.9 |
Matters relevant to question of whether an additional claim
should be separate from the claim |
| Rule
20.10 |
Effect of service of an additional
claim |
| Rule 20.11 |
Special provisions relating to default judgment on an
additional claim other than a counterclaim or a contribution or indemnity
notice |
| Rule 20.12 |
Procedural steps on service of an additional claim form on a
non-party |
| Rule 20.13 |
Case management where a defence to an additional claim is
filed |
|
|
PRACTICE
DIRECTION |
| |
| PART 21 |
CHILDREN AND
PROTECTED PARTIES |
|---|
| Rule
21.1 |
Scope of this Part |
| Rule 21.2 |
Requirement for
a litigation friend in proceedings by or against children and protected
parties |
| Rule 21.3 |
Stage of proceedings at which a litigation friend becomes
necessary |
| Rule 21.4 |
Who may be a litigation friend without a court
order |
| Rule 21.5 |
How a person becomes a litigation friend without a court
order |
| Rule 21.6 |
How a person becomes a litigation friend by court
order |
| Rule 21.7 |
Court's power to change a litigation friend and to prevent
person acting as a litigation friend |
| Rule
21.8 |
Appointment of a litigation friend by
court order – supplementary |
| Rule
21.9 |
Procedure where appointment of a
litigation friend ceases |
| Rule
21.10 |
Compromise etc. by or on behalf of a
child or protected party |
| Rule
21.11 |
Control of money recovered by or on
behalf of a child or protected party |
| Rule
21.12 |
Expenses incurred by a litigation
friend |
| Rule 21.13 |
Appointment of a guardian of a child's
estate |
|
|
PRACTICE
DIRECTION |
| |
| PART 22 |
STATEMENTS OF
TRUTH |
|---|
| Rule
22.1 |
Documents to be verified by a
statement of truth |
| Rule
22.2 |
Failure to verify a statement of
case |
| Rule 22.3 |
Failure to verify a witness statement |
| Rule 22.4 |
Power of the
court to require a document to be verified |
|
|
PRACTICE DIRECTION |
| |
| PART 23 |
GENERAL RULES ABOUT APPLICATIONS FOR COURT
ORDERS |
|---|
| Rule
23.1 |
Meaning of ‘application notice’
and ‘respondent’ |
| Rule
23.2 |
Where to make an
application |
| Rule 23.3 |
Application notice to be filed |
| Rule 23.4 |
Notice of an
application |
| Rule 23.5 |
Time when an application is made |
| Rule 23.6 |
What an
application notice must include |
| Rule
23.7 |
Service of a copy of an application
notice |
| Rule 23.8 |
Applications which may be dealt with without a
hearing |
| Rule 23.9 |
Service of application where application made without
notice |
| Rule 23.10 |
Application to set aside or vary order made without
notice |
| Rule 23.11 |
Power of the court to proceed in the absence of a
party |
| Rule 23.12 |
Dismissal of totally without merit
applications |
|
|
PRACTICE
DIRECTIONS: |
|
|
APPLICATIONS |
|
|
B.
APPLICATIONS UNDER PARTICULAR STATUTES |
| |
| PART 24 |
SUMMARY JUDGMENT |
|---|
| Rule 24.1 |
Scope of this
Part |
| Rule 24.2 |
Grounds for summary judgment |
| Rule 24.3 |
Types of
proceedings in which summary judgment is available |
| Rule 24.4 |
Procedure |
| Rule
24.5 |
Evidence for the purposes of a summary
judgment hearing |
| Rule
24.6 |
Court's powers when it determines a
summary judgment application |
|
|
PRACTICE
DIRECTION |
| |
| PART 25 |
INTERIM REMEDIES AND
SECURITY FOR COSTS |
|---|
|
|
|
|
|
I Interim
Remedies |
| Rule
25.1 |
Orders for interim
remedies |
| Rule 25.2 |
Time when an order for an interim remedy may be
made |
| Rule 25.3 |
How to apply for an interim remedy |
| Rule 25.4 |
Application for
an interim remedy where there is no related claim |
| Rule 25.5 |
Inspection of
property before commencement or against a non-party |
| Rule 25.6 |
Interim payments
– general procedure |
| Rule
25.7 |
Interim payments – conditions to be
satisfied and matters to be taken into account |
| Rule 25.8 |
Powers of court
where is has made an order for interim payment |
| Rule 25.9 |
Restriction on
disclosure of an interim payment |
| Rule
25.10 |
Interim injunction to cease if claim
stayed |
| Rule 25.11 |
Interim injunction to cease after 14 days if claim struck
out |
|
|
|
|
|
II Security for
costs |
| Rule
25.12 |
Security for
costs |
| Rule 25.13 |
Conditions to be satisfied |
| Rule 25.14 |
Security for
costs other than from the claimant |
| Rule
25.15 |
Security for costs of an
appeal |
|
|
PRACTICE
DIRECTIONS: |
|
|
INTERIM
INJUNCTIONS |
|
|
B. INTERIM
PAYMENTS |
| |
| PART 26 |
CASE MANAGEMENT –
PRELIMINARY STAGE |
|---|
| Rule
26.1 |
Scope of this Part |
| Rule 26.2 |
Automatic
transfer |
| Rule 26.3 |
Allocation questionnaire |
| Rule 26.4 |
Stay to allow
for settlement of the case |
| Rule
26.5 |
Allocation |
| Rule 26.6 |
Scope of each
track |
| Rule 26.7 |
General rule for allocation |
| Rule 26.8 |
Matters relevant
to allocation to a track |
| Rule
26.9 |
Notice of
allocation |
| Rule 26.10 |
Re-allocation |
| Rule
26.11 |
Trial with a Jury |
|
|
PRACTICE DIRECTIONS: |
|
|
CASE MANAGEMENT |
|
|
B.
PILOT SCHEME FOR MEDIATION IN CENTRAL LONDON COUNTY
COURT |
| |
| PART 27 |
THE SMALL CLAIMS
TRACK |
|---|
| Rule
27.1 |
Scope of this Part |
| Rule 27.2 |
Extent to which
other Parts apply |
| Rule
27.3 |
Court's power to grant a final
remedy |
| Rule 27.4 |
Preparation for the hearing |
| Rule 27.5 |
Experts |
| Rule
27.6 |
Preliminary
hearing |
| Rule 27.7 |
Power of court to add to, vary or revoke
directions |
| Rule 27.8 |
Conduct of the hearing |
| Rule 27.9 |
Non-attendance
of parties at a final hearing |
| Rule
27.10 |
Disposal without a
hearing |
| Rule 27.11 |
Setting judgment aside and re-hearing |
| Rule 27.14 |
Costs on the
small claims track |
| Rule
27.15 |
Claim re-allocated from the small
claims track to another track |
|
|
PRACTICE
DIRECTION |
| |
| PART 28 |
THE FAST
TRACK |
|---|
| Rule
28.1 |
Scope of this Part |
| Rule 28.2 |
General
provisions |
| Rule 28.3 |
Directions |
| Rule
28.4 |
Variation of case management
timetable |
| Rule 28.5 |
Pre-trial check list (listing
questionnaire) |
| Rule 28.6 |
Fixing or confirming the trial date and giving
directions |
| Rule 28.7 |
Conduct of trial |
|
|
PRACTICE DIRECTION |
| |
| PART 29 |
THE MULTI-TRACK |
|---|
| Rule 29.1 |
Scope of this
Part |
| Rule 29.2 |
Case management |
| Rule
29.3 |
Case management conference and
pre-trial review |
| Rule
29.4 |
Steps taken by the
parties |
| Rule 29.5 |
Variation of case management timetable |
| Rule 29.6 |
Pre-trial check
list (listing questionnaire) |
| Rule
29.7 |
Pre-trial review |
| Rule 29.8 |
Setting a trial
timetable and fixing or confirming the trial date or week |
| Rule 29.9 |
Conduct of
trial |
|
|
PRACTICE
DIRECTION |
| |
| PART 30 |
TRANSFER |
|---|
| Rule 30.1 |
Scope of this
Part |
| Rule 30.2 |
Transfer between county courts and within the High
Court |
| Rule 30.3 |
Criteria for a transfer order |
| Rule 30.4 |
Procedure |
| Rule
30.5 |
Transfer between Divisions and to and
from a specialist list |
| Rule
30.6 |
Power to specify place where hearings
are to be held |
| Rule 30.7 |
Transfer of control of money in court |
| Rule 30.8 |
Transfer of
competition law claims |
|
|
PRACTICE
DIRECTION |
| |
| PART 31 |
DISCLOSURE AND
INSPECTION OF DOCUMENTS |
|---|
| Rule 31.1 |
Scope of this
Part |
| Rule 31.2 |
Meaning of disclosure |
| Rule 31.3 |
Right of
inspection of a disclosed document |
| Rule
31.4 |
Meaning of
document |
| Rule 31.5 |
Disclosure limited to standard
disclosure |
| Rule 31.6 |
Standard disclosure – what documents are to be
disclosed |
| Rule 31.7 |
Duty of search |
| Rule
31.8 |
Duty of disclosure limited to
documents which are or have been in a party's control |
| Rule 31.9 |
Disclosure of
copies |
| Rule 31.10 |
Procedure for standard disclosure |
| Rule 31.11 |
Duty of
disclosure continues during proceedings |
| Rule 31.12 |
Specific
disclosure or inspection |
| Rule
31.13 |
Disclosure in
stages |
| Rule 31.14 |
Documents referred to in statements of case
etc. |
| Rule 31.15 |
Inspection and copying of documents |
| Rule 31.16 |
Disclosure
before proceedings start |
| Rule
31.17 |
Orders for disclosure against a
person not a party |
| Rule
31.18 |
Rules not to limit other powers of
the court to order disclosure |
| Rule
31.19 |
Claim to withhold inspection or
disclosure of a document |
| Rule
31.20 |
Restriction on use of a privileged
document inspection of which has been inadvertently allowed |
| Rule 31.21 |
Consequence of
failure to disclose documents or permit inspection |
| Rule 31.22 |
Subsequent use
of disclosed documents |
| Rule
31.23 |
False disclosure
statements |
|
|
PRACTICE
DIRECTION |
| |
| PART 32 |
EVIDENCE |
|---|
| Rule 32.1 |
Power of court
to control evidence |
| Rule
32.2 |
Evidence of witnesses – general
rule |
| Rule 32.3 |
Evidence by video link or other means |
| Rule 32.4 |
Requirement to
serve witness statements for use at trial |
| Rule 32.5 |
Use at trial of
witness statements which have been served |
| Rule 32.6 |
Evidence in
proceedings other than at trial |
| Rule
32.7 |
Order for
cross-examination |
| Rule
32.8 |
Form of witness
statement |
| Rule 32.9 |
Witness summaries |
| Rule
32.10 |
Consequence of failure to serve
witness statement or summary |
| Rule
32.11 |
Cross-examination on a witness
statement |
| Rule 32.12 |
Use of witness statements for other
purposes |
| Rule 32.13 |
Availability of witness statements for
inspection |
| Rule 32.14 |
False statements |
| Rule
32.15 |
Affidavit
evidence |
| Rule 32.16 |
Form of affidavit |
| Rule
32.17 |
Affidavit made outside the
jurisdiction |
| Rule 32.18 |
Notice to admit facts |
| Rule 32.19 |
Notice to admit
or produce documents |
| Rule
32.20 |
Notarial acts and
instruments |
|
|
PRACTICE
DIRECTION |
| |
| PART 33 |
MISCELLANEOUS RULES
ABOUT EVIDENCE |
|---|
| Rule
33.1 |
Introductory |
| Rule 33.2 |
Notice of
intention to rely on hearsay evidence |
| Rule
33.3 |
Circumstances in which notice of
intention to rely on hearsay evidence is not required |
| Rule 33.4 |
Power to call
witness for cross-examination on hearsay evidence |
| Rule 33.5 |
Credibility |
| Rule
33.6 |
Use of plans, photographs and models
as evidence |
| Rule 33.7 |
Evidence of finding on question of foreign
law |
| Rule 33.8 |
Evidence of consent of trustee to act |
| Rule 33.9 |
Human
Rights |
|
|
PRACTICE
DIRECTION |
| |
| PART 34 |
WITNESSES,
DEPOSITIONS AND EVIDENCE FOR FOREIGN COURTS |
|---|
|
|
|
|
|
I Witnesses and depositions |
| Rule 34.1 |
Scope of this Section |
| Rule 34.2 |
Witness
summonses |
| Rule 34.3 |
Issue of a witness summons |
| Rule 34.4 |
Witness summons
in aid of inferior court or of tribunal |
| Rule 34.5 |
Time for
serving a witness summons |
| Rule
34.6 |
Who is to serve a witness
summons |
| Rule 34.7 |
Right of witness to travelling expenses and compensation for
loss of time |
| Rule 34.8 |
Evidence by deposition |
| Rule 34.9 |
Conduct of
examination |
| Rule 34.10 |
Enforcing attendance of witness |
| Rule 34.11 |
Use of
deposition at a hearing |
| Rule
34.12 |
Restrictions on subsequent use of
deposition taken for the purpose of any hearing except the
trial |
| Rule 34.13 |
Where a person to be examined is out of the jurisdiction –
letter of request |
| Rule
34.13A |
Letter of request - Proceeds of
Crime Act 2002 |
| Rule
34.14 |
Fees and expenses of examiner of the
court |
| Rule 34.15 |
Examiners of the court |
|
|
|
|
|
II Evidence for foreign
courts |
| Rule
34.16 |
Scope and
interpretation |
| Rule 34.17 |
Application of order |
| Rule 34.18 |
Examination |
| Rule
34.19 |
Dealing with
deposition |
| Rule 34.20 |
Claim to privilege |
| Rule
34.21 |
Order under 1975 Act as applied by
Patents Act 1977 |
|
|
|
|
|
III
Taking of evidence - Member States of the European Union |
| Rule 34.22 |
Interpretation |
| Rule
34.23 |
Where a person to be examined is in
another Regulation State |
| Rule
34.24 |
Evidence for courts of other
Regulation States |
|
|
PRACTICE
DIRECTIONS: |
|
|
DEPOSITIONS AND COURT
ATTENDANCE BY WITNESSES |
|
|
B. FEES FOR
EXAMINERS OF THE COURT |
| |
| PART 35 |
EXPERTS AND ASSESSORS |
|---|
| Rule 35.1 |
Duty to restrict
expert evidence |
| Rule
35.2 |
Interpretation |
| Rule 35.3 |
Experts –
overriding duty to the court |
| Rule
35.4 |
Court's power to restrict expert
evidence |
| Rule 35.5 |
General requirement for expert evidence to be given in a
written report |
| Rule 35.6 |
Written questions to experts |
| Rule 35.7 |
Court's power to
direct that evidence is to be given by a single joint
expert |
| Rule 35.8 |
Instructions to a single joint expert |
| Rule 35.9 |
Power of court
to direct a party to provide information |
| Rule 35.10 |
Contents of
report |
| Rule 35.11 |
Use by one party of expert's report disclosed by
another |
| Rule 35.12 |
Discussions between experts |
| Rule 35.13 |
Consequence of
failure to disclose expert's report |
| Rule
35.14 |
Expert's right to ask court for
directions |
| Rule 35.15 |
Assessors |
|
|
PRACTICE
DIRECTION |
| |
| PART 36 |
OFFERS TO
SETTLE |
|---|
| Rule
36.1 |
Scope of this Part |
| Rule 36.2 |
Form and
content of a Part 36 offer |
| Rule
36.3 |
Part 36 offers - general
provisions |
| Rule 36.4 |
Part 36 offers - defendants' offers |
| Rule 36.5 |
Personal injury
claims for future pecuniary loss |
| Rule
36.6 |
Offer to settle a claim for
provisional damages |
| Rule
36.7 |
Time when a Part 36 offer is
made |
| Rule 36.8 |
Clarification of a Part 36 offer |
| Rule 36.9 |
Acceptance of a
Part 36 offer |
| Rule 36.10 |
Costs consequences of acceptance of a Part 36
offer |
| Rule 36.11 |
The effect of acceptance of a Part 36
offer |
| Rule 36.12 |
Acceptance of a Part 36 offer made by one or more, but not
all, defendants |
| Rule
36.13 |
Restriction on disclosure of a Part
36 offer |
| Rule 36.14 |
Costs consequences following judgment |
| Rule 36.15 |
Deduction of
benefits |
|
|
PRACTICE
DIRECTIONS: |
|
|
OFFERS TO
SETTLE |
|
|
B:
36B |
| |
| PART 37 |
MISCELLANEOUS
PROVISIONS ABOUT PAYMENTS INTO COURT |
|---|
| Rule 37.1 |
Money paid into
court under a court order |
| Rule
37.2 |
Money paid into court where defendant
wishes to rely on a defence of tender before claim |
| Rule 37.3 |
Payment out of
money paid into court |
| Rule
37.4 |
Payment into court under
enactments |
|
|
PRACTICE
DIRECTION |
| |
| PART 38 |
DISCONTINUANCE |
|---|
| Rule 38.1 |
Scope of this
Part |
| Rule 38.2 |
Right to discontinue claim |
| Rule 38.3 |
Procedure for
discontinuing |
| Rule 38.4 |
Right to apply to have notice of discontinuance set
aside |
| Rule 38.5 |
When discontinuance takes effect where permission of the
court is not needed |
| Rule
38.6 |
Liability for
costs |
| Rule 38.7 |
Discontinuance and subsequent
proceedings |
| Rule 38.8 |
Stay of remainder of partly discontinued proceedings where
costs not paid |
| |
| PART 39 |
MISCELLANEOUS PROVISIONS RELATING TO
HEARINGS |
|---|
| Rule
39.1 |
Interpretation |
| Rule 39.2 |
General rule –
hearing to be in public |
| Rule
39.3 |
Failure to attend the
trial |
| Rule 39.4 |
Timetable for trial |
| Rule 39.5 |
Trial
bundles |
| Rule 39.6 |
Representation at trial of companies or other
corporations |
| Rule 39.7 |
Impounded documents |
| Rule
39.8 |
Omitted |
|
|
PRACTICE DIRECTIONS: |
|
|
MISCELLANEOUS PROVISIONS RELATING TO
HEARINGS |
|
|
B. COURT
SITTINGS |
| |
| PART 40 |
JUDGMENTS, ORDERS,
SALE OF LAND ETC. |
|---|
|
|
|
|
|
I Judgments and
orders |
| Rule
40.1 |
Scope of this
Section |
| Rule 40.2 |
Standard requirements |
| Rule 40.3 |
Drawing up and
filing of judgments and orders |
| Rule
40.4 |
Service of judgments and
orders |
| Rule 40.5 |
Power to require judgment or order to be served on a party
as well as his solicitor |
| Rule
40.6 |
Consent judgments and
orders |
| Rule 40.7 |
When judgment or order takes effect |
| Rule 40.8 |
Time from which
interest begins to run |
| Rule
40.9 |
Who may apply to set aside or vary a
judgment or order |
| Rule
40.10 |
Judgment against a State in default
of acknowledgement of service |
| Rule
40.11 |
Time for complying with a judgment
or order |
| Rule 40.12 |
Correction of errors in judgments and
orders |
| Rule 40.13 |
Cases where court gives judgment both on claim and
counterclaim |
| Rule 40.14 |
Judgment in favour of certain part owners relating to the
detention of goods |
|
|
|
|
|
II Sale of Land etc. and Conveyancing
Counsel |
| Rule
40.15 |
Scope of this
Section |
| Rule 40.16 |
Power to order sale etc. |
| Rule 40.17 |
Power to order
delivery up of possession etc. |
| Rule
40.18 |
Reference to conveyancing
counsel |
| Rule 40.19 |
Party may object to report |
|
|
|
|
|
III Declaratory
Judgements |
| Rule
40.20 |
Declaratory
Judgements |
|
|
PRACTICE
DIRECTIONS: |
|
|
ACCOUNTS &
INQUIRIES |
|
|
B. JUDGMENTS AND
ORDERS |
|
|
D.1 COURT'S POWERS IN RELATION TO
LAND |
|
|
D.2 CONVEYANCING COUNSEL OF THE
COURT |
|
|
E. RESERVED
JUDGMENTS |
| |
| |
| VOLUME
II |
|
| PART
41 |
DAMAGES |
|---|
|
|
|
|
|
I Proceedings to which section 32A of the Supreme Court Act
1981 or section 51 of the County Courts Act 1984 applies |
| Rule 41.1 |
Application and definitions |
| Rule 41.2 |
Order for an
award of provisional damages |
| Rule
41.3 |
Application for further
damages |
|
|
|
|
|
II
Periodical payments under the Damages Act 1996 |
| Rule 41.4 |
Scope and interpretation |
| Rule 41.5 |
Statement of
case |
| Rule 41.6 |
Court’s indication to parties |
| Rule 41.7 |
Factors to be
taken into account |
| Rule
41.8 |
The award |
| Rule 41.9 |
Continuity of
payment |
| Rule 41.10 |
Assignment or charge |
|
|
PRACTICE DIRECTIONS: |
|
|
PROVISIONAL DAMAGES |
|
|
B.
PERIODICAL PAYMENTS UNDER THE DAMAGES ACT
1996 |
| |
| PART 42 |
CHANGE OF
SOLICITOR |
|---|
| Rule
42.1 |
Solicitor acting for a
party |
| Rule 42.2 |
Change of solicitor – duty to give
notice |
| Rule 42.3 |
Order that a solicitor has ceased to act |
| Rule 42.4 |
Removal of
solicitor who has ceased to act on application of another
party |
|
|
PRACTICE
DIRECTION |
| |
| PART 43 |
SCOPE OF COST RULES
AND DEFINITIONS |
|---|
| Rule
43.1 |
Scope of this Part |
| Rule 43.2 |
Definitions and
application |
| Rule 43.3 |
Meaning of summary assessment |
| Rule 43.4 |
Meaning of
detailed assessment |
| |
| PART 44 |
GENERAL RULES ABOUT COSTS |
|---|
| Rule 44.1 |
Scope of this Part |
| Rule
44.2 |
Solicitor's duty to notify
client |
| Rule 44.3 |
Court's discretion and circumstances to be taken into
account when exercising its discretion as to costs |
| Rule 44.3A |
Costs orders
relating to funding arrangements |
| Rule
44.3B |
Limits on recovery under funding
arrangements |
| Rule 44.4 |
Basis of assessment |
| Rule 44.5 |
Factors to be
taken into account in deciding the amount of costs |
| Rule 44.6 |
Fixed
costs |
| Rule 44.7 |
Procedure for assessing costs |
| Rule 44.8 |
Time for
complying with an order for costs |
| Rule
44.9 |
Costs on the small claims track and
fast track |
| Rule 44.10 |
Limitation on amount court may allow where a claim allocated
to the fast track settles before trial |
| Rule 44.11 |
Costs following
allocation and re-allocation |
| Rule
44.12 |
Cases where costs orders deemed to
have been made |
| Rule
44.12A |
Costs-only
proceedings |
| Rule 44.13 |
Special situations |
| Rule
44.14 |
Court's powers in relation to
misconduct |
| Rule 44.15 |
Providing information about funding
arrangements |
| Rule 44.16 |
Adjournment where legal representative seeks to challenge
disallowance of any amount of percentage increase |
| Rule 44.17 |
Application of
costs rules |
| |
| PART 45 |
FIXED
COSTS |
|---|
|
|
|
|
|
I Fixed costs |
| Rule 45.1 |
Scope of this Section |
| Rule 45.2 |
Amount of fixed
commencement costs in a claim for the recovery of money or
goods |
| Rule 45.2A |
Amount of fixed commencement costs in a claim for the
recovery of land or a demotion claim |
| Rule
45.3 |
When defendant only liable for fixed
commencement costs |
| Rule
45.4 |
Costs on entry of judgment in a claim
for the recovery of money or goods |
| Rule
45.4A |
Costs on entry of judgment in a claim
for the recovery of land or a demotion claim |
| Rule 45.5 |
Miscellaneous
fixed costs |
| Rule 45.6 |
Fixed enforcement costs |
|
|
|
|
|
II Road traffic accidents – fixed
recoverable costs |
| Rule
45.7 |
Scope and
interpretation |
| Rule
45.8 |
Application of fixed recoverable
costs |
| Rule 45.9 |
Amount of fixed recoverable costs |
| Rule 45.10 |
Disbursements |
| Rule
45.11 |
Success fee |
| Rule 45.12 |
Claims for an
amount of costs exceeding fixed recoverable costs |
| Rule 45.13 |
Failure to
achieve costs greater than fixed recoverable costs |
| Rule 45.14 |
Costs of the
costs-only proceedings or the detailed
assessment |
|
|
|
|
|
III Fixed
percentage increase in road traffic accident claims |
| Rule 45.15 |
Scope and interpretation |
| Rule 45.16 |
Percentage
increase of solicitors’ fees |
| Rule
45.17 |
Percentage increase of counsel’s
fees |
| Rule 45.18 |
Application for an alternative percentage increase where the
fixed increase is 12.5% |
| Rule
45.19 |
Assessment of alternative percentage
increase |
|
|
|
|
|
IV Fixed
percentage increase in employers liability claims |
| Rule 45.20 |
Scope and interpretation |
| Rule 45.21 |
Percentage
increase of solicitors' and counsel's fees |
| Rule 45.22 |
Alternative
percentage increase |
|
|
|
|
|
V
Fixed recoverable success fees in employer's liability disease
claims |
| Rule
45.23 |
Scope and
Interpretation |
| Rule
45.24 |
Percentage increase of solicitors'
fees |
| Rule 45.25 |
Percentage increase of counsel's fees |
| Rule 45.26 |
Alternative
percentage increase |
| |
| PART 46 |
FAST
TRACK TRIAL COSTS |
|---|
| Rule
46.1 |
Scope of this Part |
| Rule 46.2 |
Amount of fast
track trial costs |
| Rule
46.3 |
Power to award more or less than the
amount of fast track trial costs |
| Rule
46.4 |
Fast track trial costs where there is
more than one claimant or defendant |
| |
| PART 47 |
PROCEDURE FOR DETAILED ASSESSMENT OF COSTS AND DEFAULT
PROVISIONS |
|---|
|
|
|
|
|
I General Rules about
detailed assessment |
| Rule 47.1 |
Time when
detailed assessment may be carried out |
| Rule 47.2 |
No stay of
detailed assessment where there is an appeal |
| Rule 47.3 |
Powers of an
authorised court officer |
| Rule
47.4 |
Venue for detailed assessment
proceedings |
|
|
|
|
|
II Costs
payable by one party to another – commencement of detailed assessment
proceedings |
| Rule
47.5 |
Application of this
section |
| Rule 47.6 |
Commencement of detailed assessment
proceedings |
| Rule 47.7 |
Period for commencing detailed assessment
proceedings |
| Rule 47.8 |
Sanction for delay in commencing detailed assessment
proceedings |
| Rule 47.9 |
Points of dispute and consequence of not
serving |
| Rule 47.10 |
Procedure where costs are agreed |
|
|
|
|
|
III Costs payable by one party to
another – default provisions |
| Rule 47.11 |
Default costs
certificate |
| Rule 47.12 |
Setting aside default costs certificate |
|
|
|
|
|
IV Costs Payable By One Party To Another
– Procedure Where Points Of Dispute Are Served |
| Rule 47.13 |
Optional reply |
| Rule
47.14 |
Detailed assessment
hearing |
|
|
|
|
|
V Interim
costs certificate and final costs certificate |
| Rule 47.15 |
Power to issue an interim certificate |
| Rule 47.16 |
Final costs
certificate |
|
|
|
|
|
VI
Detailed assessment procedure for costs of a LSC funded client or an assisted
person where costs are payable out of the community legal service
fund |
| Rule
47.17 |
Detailed assessment procedure for
costs of a LSC funded client or an assisted person where costs are payable out
of the community legal service fund |
| Rule
47.17A |
Detailed assessment procedure where
costs are payable out of a fund other than the community legal service
fund |
|
|
|
|
|
VII Costs of
detailed assessment proceedings |
| Rule 47.18 |
Liability for
costs of detailed assessment proceedings |
| Rule 47.19 |
Offers to
settle without prejudice save as to costs of the detailed assessment
proceedings |
|
|
|
|
|
VIII
Appeals from authorised court officers in detailed assessment
proceedings |
| Rule
47.20 |
Right to appeal |
| Rule 47.21 |
Court to hear
appeal |
| Rule 47.22 |
Appeal procedure |
| Rule
47.23 |
Powers of the court on
appeal |
| |
| PART 48 |
COSTS – SPECIAL
CASES |
|---|
|
|
|
|
|
I Costs payable by or to
particular persons |
| Rule
48.1 |
Pre-commencement disclosure and orders
for disclosure against a person who is not a party |
| Rule 48.2 |
Costs orders in
favour of or against non-parties |
| Rule
48.3 |
Amount of costs where costs are
payable pursuant to a contract |
| Rule
48.4 |
Limitations on court's power to award
costs in favour of trustee or personal representative |
| Rule 48.5 |
Costs where
money is payable by or to a child or protected party |
| Rule 48.6 |
Litigants in
person |
| Rule 48.6A |
Costs where the court has made a group litigation
order |
|
|
|
|
|
II Costs
relating to solicitors and other legal representatives |
| Rule 48.7 |
Personal liability of legal representative for costs –
wasted costs orders |
| Rule
48.8 |
Basis of detailed assessment of
solicitor and client costs |
| Rule
48.9 |
Omitted |
| Rule 48.10 |
Assessment
procedure |
|
|
COSTS PRACTICE DIRECTION
(COVER RULE PARTS 43–48) |
| |
| PART 49 |
SPECIALIST PROCEEDINGS |
|---|
| Rule 49 |
Specialist
proceedings |
|
|
PRACTICE
DIRECTIONS: |
|
|
APPLICATIONS UNDER THE
COMPANIES ACTS AND RELATED LEGISLATION |
|
|
B: ORDER UNDER SECTION 127 INSOLVENCY ACT
1986 |
| |
| PART 50 |
APPLICATION OF THE
SCHEDULES |
|---|
| Rule
50 |
Application of the
Schedules |
| |
| PART 51 |
TRANSITIONAL
ARRANGEMENTS AND PILOT SCHEMES |
|---|
| Rule 51 |
Transitional
Arrangements |
|
|
PRACTICE
DIRECTION |
| |
| PART 52 |
APPEALS |
|---|
|
|
|
|
|
I General
Rules about Appeals |
| Rule 52.1 |
Scope and
interpretation |
| Rule 52.2 |
Parties to comply with the practice
direction |
| Rule 52.3 |
Permission |
| Rule
52.4 |
Appellant's notice |
| Rule 52.5 |
Respondent's
notice |
| Rule 52.6 |
Variation of time |
| Rule
52.7 |
Stay |
| Rule 52.8 |
Amendment of
appeal notice |
| Rule 52.9 |
Striking out appeal notice, setting aside or imposing
conditions on permission to appeal |
| Rule
52.10 |
Appeal court's
powers |
| Rule 52.11 |
Hearing of appeals |
| Rule
52.12 |
Non-disclosure of Part 36 offers and
payments |
| Rule 52.12A |
Statutory appeals - court's power to hear any
person |
|
|
|
|
|
II Special
provisions applying to the Court of Appeal |
| Rule 52.13 |
Second appeals to the court |
| Rule 52.14 |
Assignment of
appeals to the Court of Appeal |
| Rule
52.15 |
Judicial review
appeals |
| Rule 52.16 |
Who may exercise the powers of the Court of
Appeal |
|
|
|
|
|
III
Provisions about reopening appeals |
| Rule 52.17 |
Reopening of
final appeals |
|
|
PRACTICE
DIRECTION |
|
|
|
|
|
IV
Statutory rights of appeal |
| Rule 52.18 |
Appeals
under the Law of Property Act 1922 |
| Rule
52.19 |
Appeals from certain
tribunals |
| Rule 52.20 |
Appeals under certain planning
legislation |
| |
| PART 53 |
DEFAMATION
CLAIMS |
|---|
| Rule
53.1 |
Scope of this Part |
| Rule 53.2 |
Summary
disposal under the Defamation Act 1996 |
| Rule 53.3 |
Sources of
information |
|
|
PRACTICE
DIRECTION |
| |
| PART 54 |
JUDICIAL REVIEW AND
STATUTORY REVIEW |
|---|
|
|
|
|
|
I Judicial
Review |
| Rule
54.1 |
Scope and
interpretation |
| Rule 54.2 |
When this Section must be used |
| Rule 54.3 |
When this
Section may be used |
| Rule
54.4 |
Permission
required |
| Rule 54.5 |
Time limit for filing claim form |
| Rule 54.6 |
Claim
form |
| Rule 54.7 |
Service of claim form |
| Rule 54.8 |
Acknowledgment
of service |
| Rule 54.9 |
Failure to file acknowledgment of
service |
| Rule 54.10 |
Permission given |
| Rule
54.11 |
Service of order giving or refusing
permission |
| Rule 54.12 |
Permission decision without a hearing |
| Rule 54.13 |
Defendant etc.
may not apply to set aside(GL) |
| Rule 54.14 |
Response |
| Rule
54.15 |
Where claimant seeks to rely on
additional grounds |
| Rule
54.16 |
Evidence |
| Rule 54.17 |
Court's powers
to hear any person |
| Rule
54.18 |
Judicial review may be decided
without a hearing |
| Rule
54.19 |
Court's powers in respect of quashing
orders |
| Rule 54.20 |
Transfer |
|
|
|
|
|
III APPLICATIONS FOR STATUTORY REVIEW UNDER SECTION 103A OF
THE NATIONALITY, IMMIGRATION AND ASYLUM ACT 2002 |
| Rule 54.28 |
Scope and interpretation |
| Rule 54.28A |
Representation
of applicants while filter provision has effect |
| Rule 54.28B |
Service of
documents on appellants within the jurisdiction |
| Rule 54.29 |
Application
for review |
| Rule 54.30 |
Application to extend time limit |
| Rule 54.31 |
Procedure
while filter provision has effect |
| Rule
54.32 |
Procedure in fast track cases while
filter provision does not have effect |
| Rule
54.33 |
Determination of the application by
the Administrative Court |
| Rule
54.34 |
Service of order |
| Rule 54.35 |
Costs |
| Rule
54.36 |
Continuing an application in
circumstances in which it would otherwise be treated as
abandoned |
|
|
PRACTICE
DIRECTIONS: |
|
|
JUDICIAL
REVIEW |
|
|
B. APPLICATIONS FOR STATUTORY
REVIEW UNDER SECTION 103A OF THE NATIONALITY, IMMIGRATION AND ASYLUM ACT
2002 |
|
|
C. REFERENCES BY THE LEGAL SERVICES
COMMISSION |
| |
| PART 55 |
POSSESSION
CLAIMS |
|---|
| Rule
55.1 |
Interpretation |
|
|
|
|
|
I General Rules |
| Rule 55.2 |
Scope |
| Rule
55.3 |
Starting the claim |
| Rule 55.4 |
Particulars of
claim |
| Rule 55.5 |
Hearing date |
| Rule
55.6 |
Service of claims against
trespassers |
| Rule 55.7 |
Defendant's response |
| Rule 55.8 |
The
hearing |
| Rule 55.9 |
Allocation |
| Rule
55.10 |
Possession claims relating to
mortgaged residential property |
| Rule
55.10A |
Electronic issue of certain
possession claims |
|
|
|
|
|
II
Accelerated possession claims of property let on an assured shorthold
tenancy |
| Rule
55.11 |
When this section may be
used |
| Rule 55.12 |
Conditions |
| Rule
55.13 |
Claim form |
| Rule 55.14 |
Defence |
| Rule
55.15 |
Claim referred to
judge |
| Rule 55.16 |
Consideration of the claim |
| Rule 55.17 |
Possession
order |
| Rule 55.18 |
Postponement of possession |
| Rule 55.19 |
Application to
set aside or vary |
|
|
|
|
|
III
Interim possession orders |
| Rule 55.20 |
When this
section may be used |
| Rule
55.21 |
Conditions for IPO
application |
| Rule 55.22 |
The application |
| Rule
55.23 |
Service |
| Rule 55.24 |
Defendant's
response |
| Rule 55.25 |
Hearing of the application |
| Rule 55.26 |
Service and
enforcement of the IPO |
| Rule
55.27 |
After IPO made |
| Rule 55.28 |
Application to
set aside IPO |
|
|
PRACTICE
DIRECTIONS: |
|
|
POSSESSION
CLAIMS |
|
|
B. POSSESSION CLAIMS
ONLINE |
| |
| PART 56 |
LANDLORD AND TENANT
CLAIMS AND MISCELLANEOUS PROVISIONS ABOUT LAND |
|---|
|
|
|
|
|
I Landlord and tenant claims |
| Rule 56.1 |
Scope and interpretation |
| Rule 56.2 |
Starting the
claim |
| Rule 56.3 |
Claims 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 |
|
Rule 56.4 |
Scope |
|
|
PRACTICE
DIRECTION |
| |
| PART 57 |
PROBATE AND
INHERITANCE |
|---|
| Rule
57.1 |
Scope of this Part and
definitions |
|
|
|
|
|
I Probate
claims |
| Rule
57.2 |
General |
| Rule 57.3 |
How to start a
probate claim |
| Rule 57.4 |
Acknowledgement of Service and Defence |
| Rule 57.5 |
Lodging of
testamentary documents and filing of evidence about testamentary
documents |
| Rule 57.6 |
Revocation of existing grant |
| Rule 57.7 |
Contents of
statements of case |
| Rule
57.8 |
Counterclaim |
| Rule 57.9 |
Probate
counterclaim in other proceedings |
| Rule
57.10 |
Failure to acknowledge service or to
file a defence |
| Rule 57.11 |
Discontinuance and
dismissal |
|
|
|
|
|
II
Rectification of wills |
| Rule 57.12 |
Rectification
of wills |
|
|
|
|
|
III
Substitution and removal of personal representatives |
| Rule 57.13 |
Substitution and Removal of Personal
Representatives |
|
|
|
|
|
IV
Claims under the Inheritance (provision for family and dependants) Act
1975 |
| Rule
57.14 |
Scope of this
section |
| Rule 57.15 |
Proceedings in the High Court |
| Rule 57.16 |
Procedure for
claims under section 1 of the Act |
|
|
PRACTICE
DIRECTION |
| |
| PART 58 |
COMMERCIAL
COURT |
|---|
| Rule
58.1 |
Scope of this Part and interpretation
|
| Rule 58.2 |
Specialist list |
| Rule
58.3 |
Application of the Civil Procedure
Rules |
| Rule 58.4 |
Proceedings in the commercial list |
| Rule 58.5 |
Claim form and
particulars of claim |
| Rule
58.6 |
Acknowledgement of
service |
| Rule 58.7 |
Disputing the court's jurisdiction |
| Rule 58.8 |
Default
judgment |
| Rule 58.9 |
Admissions |
| Rule
58.10 |
Defence and Reply |
| Rule 58.11 |
Statements of
case |
| Rule 58.12 |
Part 8 claims |
| Rule
58.13 |
Case management |
| Rule 58.14 |
Disclosure –
ships papers |
| Rule 58.15 |
Judgments and orders |
|
|
PRACTICE
DIRECTION |
| |
| PART 59 |
MERCANTILE
COURTS |
|---|
| Rule
59.1 |
Scope of this Part and
interpretation |
| Rule 59.2 |
Application of the Civil Procedure Rules |
| Rule 59.3 |
Transfer of
proceedings |
| Rule 59.4 |
Claim form and particulars of claim |
| Rule 59.5 |
Acknowledgment
of service |
| Rule 59.6 |
Disputing the court's jurisdiction |
| Rule 59.7 |
Default
judgment |
| Rule 59.8 |
Admissions |
| Rule
59.9 |
Defence and Reply |
| Rule 59.10 |
Statements of
case |
| Rule 59.11 |
Case management |
| Rule
59.12 |
Judgments and
orders |
|
