See also Practice Direction 66
Scope of this Part and interpretation
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66.1 |
(1) |
This Part contains rules for civil proceedings by or against the Crown, and other civil proceedings to which the Crown is a party.
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(2) |
In this Part –
(a) |
‘the Act’ means the Crown Proceedings Act 1947;
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(b) |
‘civil proceedings by the Crown’ means the civil proceedings described in section 23(1) of the Act, but excluding the proceedings described in section 23(3);
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(c) |
‘civil proceedings against the Crown’ means the civil proceedings described in section 23(2) of the Act, but excluding the proceedings described in section 23(3);
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(d) |
‘civil proceedings to which the Crown is a party’ has the same meaning as it has for the purposes of Parts III and IV of the Act by virtue of section 38(4).
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Application of the Civil Procedure Rules
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66.2 |
These Rules and their practice directions apply to civil proceedings by or against the Crown and to other civil proceedings to which the Crown is a party unless this Part, a practice direction or any other enactment provides otherwise.
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Action on behalf of the Crown
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66.3 |
(1) |
Where by reason of a rule, practice direction or court order the Crown is permitted or required –
(a) |
to make a witness statement,
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(b) |
to swear an affidavit,
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(c) |
to verify a document by a statement of truth;
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(d) |
to make a disclosure statement; or
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(e) |
to discharge any other procedural obligation,
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that function shall be performed by an appropriate officer acting on behalf of the Crown.
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(2) |
The court may if necessary nominate an appropriate officer.
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Counterclaims, other Part 20 claims, and set-off
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66.4 |
(1) |
In a claim by the Crown for taxes, duties or penalties, the defendant cannot make a counterclaim or other Part 20 claim or raise a defence of set-off.
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(2) |
In any other claim by the Crown, the defendant cannot make a counterclaim or other Part 20 claim or raise a defence of set-off which is based on a claim for repayment of taxes, duties or penalties.
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(3) |
In proceedings by or against the Crown in the name of the Attorney-General, no counterclaim or other Part 20 claim can be made or defence of set-off raised without the permission of the court.
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(4) |
In proceedings by or against the Crown in the name of a government department, no counterclaim or other Part 20 claim can be made or defence of set-off raised without the permission of the court unless the subject-matter relates to that government department.
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Applications in revenue matters
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66.5 |
(1) |
This rule sets out the procedure under section 14 of the Act, which allows the Crown to make summary applications in the High Court in certain revenue matters.
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(2) |
The application must be made in the High Court using the Part 8 procedure.
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(3) |
The title of the claim form must clearly identify the matters which give rise to the application.
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Enforcement against the Crown
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66.6 |
(1) |
The following rules do not apply to any order against the Crown –
(b) |
RSC Orders 45 to 47 and 52; and
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(2) |
In paragraph (1), ‘order against the Crown’ means any judgment or order against the Crown, a government department, or an officer of the Crown as such, made –
(a) |
in civil proceedings by or against the Crown;
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(b) |
in proceedings in the Administrative Court;
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(c) |
in connection with an arbitration to which the Crown is a party; or
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(d) |
in other civil proceedings to which the Crown is a party.
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(3) |
An application under section 25(1) of the Act for a separate certificate of costs payable to the applicant may be made without notice.
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Money due from the Crown
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66.7 |
(1) |
None of the following orders –
(a) |
a third party debt order under Part 72;
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(b) |
an order for the appointment of a receiver under Part 69; or
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(c) |
an order for the appointment of a sequestrator under RSC Order 45,
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may be made or have effect in respect of any money due from the Crown.
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(2) |
In paragraph (1), ‘money due from the Crown’ includes money accruing due, and money alleged to be due or accruing due.
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(3) |
An application for an order under section 27 of the Act –
(a) |
restraining a person from receiving money payable to him by the Crown; and
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(b) |
directing payment of the money to the applicant or another person,
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may be made under Part 23.
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(4) |
The application must be supported by written evidence setting out the facts on which it is based, and in particular identifying the debt from the Crown.
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(5) |
Where the debt from the Crown is money in a National Savings Bank account, the witness must if possible identify the number of the account and the name and address of the branch where it is held.
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(6) |
Notice of the application, with a copy of the written evidence, must be served –
(b) |
on the person to be restrained,
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at least 7 days before the hearing.
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(7) |
Rule 72.8 applies to an application under this rule as it applies to an application under rule 72.2 for a third party debt order, except that the court will not have the power to order enforcement to issue against the Crown.
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