PRACTICE DIRECTION 49E – ALTERNATIVE PROCEDURE FOR CLAIMS
This practice direction supplements CPR Part 49
Contents of this practice direction
Terminology
1.1 This practice direction is made under Part 49 of the Civil Procedure Rules.
1.2 In this practice direction, ‘Schedule rules’ means provisions contained in the Schedules to the CPR, which were previously contained in the Rules of the Supreme Court (1965) or the County Court Rules (1981).
Application of this Practice Direction
2.1 Section A contains general provisions about claims and applications to which Part 8 applies. Section B comprises a table listing claims, petitions and applications under various enactments which must be made under Part 8. Section C contains certain additions and modifications to the Part 8 procedure that apply to the particular claims and applications identified.
2.2 Some of the claims and applications listed in the table in Section B are dealt with in the Schedule Rules in the CPR. The table in Section B contains cross-reference to the relevant Schedule Rules.
SECTION A
GENERAL PROVISIONS APPLICABLE TO PART 8 CLAIMS
3.1 Where a claim is listed in the table in Section B and is identified as a claim to which particular provisions of Section C apply, the Part 8 procedure shall apply subject to the additions and modifications set out in the relevant paragraphs in Section C.
3.2 The Part 8 procedure must also be used for any claim or application in relation to which an Act, rule or practice direction provides that the claim or application is brought by originating summons, originating motion or originating application.
3.3 Where it appears to a court officer that a claimant is using the Part 8 procedure inappropriately, the court officer may refer the claim to a judge for the judge to consider the point.
SECTION B
CLAIMS AND APPLICATIONS THAT MUST BE MADE UNDER PART 8
4.1 The claimant must use the Part 8 procedure if the claim is listed in the table below.
4.2 Section C of this Practice Direction contains special provisions modifying the Part 8 procedure, and where it does so, those provisions should be followed. The table below refers to the relevant paragraph of Section C where it applies.
4.3 Some of the claims and applications listed in the table below are dealt with in the Schedule Rules, and those rules modify the Part 8 procedure. A cross-reference to the relevant Schedule Rule is contained in the table below.
4.4 For applications that may or must be brought in the High Court, where no other rule or practice direction assigns the application to a Division of the court, the table specifies the Division to which the application is assigned.
Type of Claim or Application | Paragraph of Section C | Division | Schedule Rule |
Application under section 14 of the Bills of Sale Act 1878 (Rectification of register) | Paragraph 10A | King's Bench Central Office | |
Application under section 15 of the Bills of Sale Act 1878 (Entry of satisfaction) | Paragraph 11 | King's Bench Central Office | |
Application under section 16 of the Bills of Sale Act 1878 (Search of the bills of sale register) | Paragraph 11A | King's Bench Central Office | |
Application under the proviso to section 7 of the Bills of Sale Act (1878) Amendment Act 1882 (Restraining removal or sale of goods seized) | King's Bench Central Office | ||
Application under the Public Trustee Act 1906 (free-standing proceedings) | Paragraph 12 | Chancery | |
Application under section 7 of the Deeds of Arrangement Act 1914 (Rectification of register) | Paragraph 12A | King's Bench Central Office | |
Proceedings under the Trustee Act 1925 | Chancery | ||
Applications under section 2(3) of the Public Order Act 1936 | Paragraph 13 | Chancery | |
Proceedings under jurisdiction conferred by section 1 of the Railway and Canal Commission (Abolition) Act 1949 | Paragraph 14 | Chancery | |
Administration of Justice Act 1960 (Applications under the Act) | Divisional Court | RSC O.109, r.1(3) | |
Administration of Justice Act 1960 (Appeals under section 13 of the Act) | Divisional Court | RSC O.109, r.2(4) | |
Proceedings under section 14 of the Commons Registration Act 1965 | Chancery | ||
Application under the Mines (Working Facilities and Support) Act 1966 | Paragraph 15 | Chancery | |
Proceedings under section 21 or 25 of the Law of Property Act 1969 | Chancery | ||
Local Government Act 1972 (claims under section 92 – proceedings for disqualification) | King's Bench Central Office | ||
Application under article 10 of the Mortgaging of Aircraft Order 1972 (Rectification of register) | Paragraph 15A | Chancery | |
Application to register an assignment of book debts (section 344 of the Insolvency Act 1986) | Paragraph 15B | King's Bench Central Office | |
Proceedings under the Control of Misleading Advertisements Regulations 1988 | Chancery< | ||
Application under section 42 of the Senior Courts Act 1981 | Paragraph 16 | Administrative Court | |
Proceedings in the High Court under the Representation of the People Acts | Paragraph 17A | King's Bench Central Office | |
Applications under Part II of the Mental Health Act 1983 | Paragraph 18 | Administrative Court | |
Applications under section 13 of the Coroners Act 1988 | Paragraph 19 | Administrative Court | |
Application for an injunction to prevent environmental harm under section 187B or 214A of the Town and Country Planning Act 1990; section 44A of the Planning (Listed Buildings and Conservation Areas) Act 1990; or section 26AA of the Planning (Hazardous Substances) Act 1990 | Paragraph 20 | King's Bench | |
Confiscation and forfeiture in connection with criminal proceedings (I. Drug Trafficking Act 1994 and Criminal Justice (International Co-operation) Act 1990 – Application for a confiscation order) | King's Bench | RSC O.115, r.2B(1) | |
Confiscation and forfeiture in connection with criminal proceedings (I. Drug Trafficking Act 1994 and Criminal Justice (International Co-operation) Act 1990 – Application for a restraint order or charging order) | King's Bench | RSC O.115, r.3(1) | |
Confiscation and forfeiture in connection with criminal proceedings (I. Drug Trafficking Act 1994 and Criminal Justice (International Co-operation) Act 1990 – Realisation of property) | King's Bench | RSC O.115, r.7(1) | |
Criminal Procedure and Investigations Act 1996 (Application under section 54(3)) | Administrative Court | ||
Confiscation and forfeiture in connection with criminal proceedings (III. Terrorism Act 2000 – Application for a restraint order) | King's Bench | RSC O.115, r.26(1) | |
Proceedings under the Financial Services and Markets Act 2000 | Paragraph 21 | Chancery | |
Application for an injunction under section 12 or 26 of the Energy Act 2008 | Paragraph 20 | King's Bench | |
Stakeholder applications – mode of application, unless there are existing proceedings (Rule 86.2(3)) | Chancery or King's Bench | RSC O.17, r.3(1) | |
Criminal proceedings (estreat of recognizances) | Kings's Bench | RSC O.79, r.8(2 | |
Criminal proceedings (bail) | King's Bench | RSC O.79, r.9(2) | |
Application under an enactment giving the High Court jurisdiction to quash or prohibit any order, scheme, certificate or plan, any amendment or approval of a plan, any decision of a Minister or government department or any action on the part of a Minister or government department | Paragraph 22 | Administrative Court | |
Application under section 66 of the Anti-Social Behaviour, Crime and Policing Act 2014 to question the validity of a public spaces protection order or variation of such an order | Paragraph 22 | Administrative Court | |
Proceedings under The Telecommunications Restriction Orders (Custodial Institutions) (England and Wales) Regulations 2015 | Paragraph 23 | N/A (County Court) | N/A |
Proceedings under the Drug Dealing Telecommunications Restriction Orders Regulations 2017 | Paragraph 24 | N/A (County Court) | N/A |
Proceedings transferred to the High Court from the Magistrates’ Court under section 303R of the Proceeds of Crime Act 2002 or under paragraph 10J of Part 4A of Schedule 1 to the Anti-terrorism, Crime and Security Act 2001 | Paragraph 25 | King's Bench | N/A |
SECTION C
SPECIAL PROVISIONS
5.1 The following special provisions apply to the applications indicated.
Applications under section 14 of the Bills of Sale Act 1878
6.1 This paragraph applies to an application under section 14 of the Bills of Sale Act 1878 for an order to rectify an omission or mis-statement in relation to the registration, or renewal of the registration, of a bill of sale—
(1) by inserting in the register the true name, residence or occupation of a person; or
(2) by extending the time for registration of the bill of sale or an affidavit of its renewal.
6.2 The application must be made—
(1) by claim form under Part 8; or
(2) by witness statement.
6.3 Where the application is made by witness statement—
(1) Part 23 applies to the application;
(2) the witness statement constitutes the application notice under that Part;
(3) the witness statement does not need to be served on any other person; and
(4) the application will normally be dealt with without a hearing.
6.4 The application must set out—
(1) the particulars of the bill of sale and of the omission or mis-statement; and
(2) the grounds on which the application is made.
6.5 The application must be made to a Master of the King's Bench Division and accompanied by payment of the prescribed fee.
Applications under Section 15 of the Bills of Sale Act 1878
7.1 This paragraph applies where an application is made under section 15 of the Bills of Sale Act 1878 for an order that a memorandum of satisfaction be written on a registered copy of a bill of sale.
7.2 If the person entitled to the benefit of the bill of sale has not consented to the satisfaction, the claim form—
(1) must be served on that person; and
(2) must be supported by evidence that the debt (if any) for which the bill of sale was made has been satisfied or discharged.
7.3 If the person entitled to the benefit of the bill of sale has consented to the satisfaction, the application may be made by—
(1) claim form under Part 8; or
(2) witness statement.
7.4 Where paragraph 11.3 applies and the application is made by Part 8 claim form, the claim form—
(1) must contain details of the consent;
(2) must be supported by a witness statement by a person who witnessed the consent verifying the signature on it; and
(3) must not be served on any person other than the person entitled to the benefit of the bill of sale.
7.5 Where paragraph 11.3 applies and the application is made by witness statement—
(1) Part 23 will apply to the application;
(2) the witness statement will constitute the application notice under that Part;
(3) the witness statement does not need to be served on any other person; and
(4) the application will normally be dealt with without a hearing.
Applications under section 16 of the Bills of Sale Act 1878
8.1 This paragraph applies to an application under section 16 of the Bills of Sale Act 1878 for a search of the bills of sale register and for a certificate of the results of the search.
8.2 The application must be made—
(1) by claim form under Part 8; or
(2) by written request.
8.3 The application must give sufficient information to enable the relevant bill of sale to be identified.
8.4 The application must be made to a Master of the King's Bench Division and accompanied by payment of the prescribed fee.
Application under the Public Trustee Act 1906
9.1 An application under the Public Trustee Act 1906 must be made—
(1) where no proceedings have been issued, by a Part 8 claim;
(2) in existing proceedings, by a Part 23 application.
9.2 Without prejudice to sections 10(2) and 13(7) of the Public Trustee Act 1906, the jurisdiction of the High Court under the Act is exercised by a single judge of the Chancery Division sitting in private.
Applications under section 7 of the Deeds of Arrangement Act 1914
10.1 This paragraph applies to an application under section 7 of the Deeds of Arrangement Act 1914 for an order to rectify an omission or mis-statement in relation to the registration of a deed of arrangement—
(1) by inserting in the register the true name, residence or description of a person; or
(2) by extending the time for registration.
10.2 The application must be made—
(1) by claim form under Part 8; or
(2) by witness statement.
10.3 Where the application is made by witness statement—
(1) Part 23 applies to the application;
(2) the witness statement constitutes the application notice under that Part;
(3) the witness statement does not need to be served on any other person; and
(4) the application will normally be dealt with without a hearing.
10.4 The application must set out—
(1) the particulars of the deed of arrangement and of the omission or mis-statement; and
(2) the grounds on which the application is made.
10.5 The application must be made to a Master of the King's Bench Division and accompanied by payment of the prescribed fee.
Application under section 2(3) of the Public Order Act 1936
11.1 The Attorney General may determine the persons who should be made defendants to an application under section 2(3) of the Public Order Act 1936.
11.2 If the court directs an inquiry under section 2(3), it may appoint the Official Solicitor to represent any interests it considers are not sufficiently represented and ought to be represented.
Proceedings under section 1 of the Railway and Canal Commission (Abolition) Act 1949
12.1 Paragraphs 15.3 to 15.14 apply, with appropriate modifications, to proceedings in which jurisdiction has been conferred on the High Court by section 1 of the Railway and Canal Commission (Abolition) Act 1949, except to the extent that—
(1) an Act;
(2) a rule;
(3) a practice direction,
provides otherwise.
Application under the Mines (Working Facilities and Support) Act 1966
13.1 In this paragraph—
(1) ‘the Act’ means the Mines (Working Facilities and Support) Act 1966;
(2) ‘the applicant’ means the person who has applied for the grant of a right under the Act.
13.2 This paragraph applies where the Secretary of State refers an application to the High Court under any provision of the Act.
13.3 The Secretary of State must—
(1) file a reference signed by him or a person authorised to sign on his behalf in the Chancery Division of the High Court;
(2) file, along with the reference, any documents and plans deposited with him by the applicant in support of his application; and
(3) within 3 days of filing the reference, give notice to the applicant that the reference has been filed.
13.4 Within 10 days of receiving the notice referred to in paragraph 15.3(3), the applicant must issue a claim form.
13.5 The claim form—
(1) must identify the application under the Act and the remedy sought; and
(2) need not be served on any other party.
13.6 Within 7 days of the claim form being issued, the applicant must—
(1) apply for the claim to be listed for a hearing before a Master; and
(2) give notice of the hearing date to the Secretary of State.
13.7 The applicant must, not less than 2 days before the date fixed for a hearing, file at court—
(1) a witness statement in support of the claim, giving details of all persons known to the applicant to be interested in, or affected by, the application; and
(2) a draft of any proposed advertisement or notice of the application.
13.8 At the hearing, the Master will—
(1) fix a date by which any notice of objection under paragraph 15.9 must be filed;
(2) fix a date for a further hearing of the claim; and
(3) give directions about—
(a) any advertisement that is to be inserted or notice of the application and hearing date that is to be given; and
(b) what persons are to be served with a copy of the application or any other document in the proceedings.
13.9 Any person who wishes to oppose the application must, within the time fixed by the court under paragraph 15.8, serve notice of objection on the applicant, stating—
(a) his name and address;
(b) the name and address of his solicitor, if any;
(c) the grounds of his objection;
(d) any alternative method for effecting the objects of the application that he alleges may be used; and
(e) the facts on which he relies.
13.10 Any document that is required to be served on the person who has given notice of objection ('the objector') may be served by posting it to the following address—
(1) where the notice of objection gives the name and address of a solicitor, to the solicitor;
(2) in any other case, to the objector at the address stated in the notice of objection.
13.11 The objector may appear, or be represented at any further hearing, and may take such part in the proceedings as the court allows.
13.12 The applicant must, not less than two days before the date set for the further hearing, file at court—
(1) any notices of objection served on him;
(2) a list of objectors, together with—
(a) their names and addresses;
(b) the names and addresses of their solicitors, if any; and
(c) a summary of their respective grounds of objection.
13.13 If the objector does not appear, or is not represented, at the further hearing—
(1) his notice of objection will have no effect; and
(2) he will not be entitled to take any further part in the proceedings unless the court orders otherwise.
13.14 At the further hearing, the court will—
(1) give directions about the future conduct of the claim, including—
(a) any further information the applicant is required to give in relation to any of the grounds or facts relied on in support of the application;
(b) any further information the objector is required to give in relation to any of the grounds or facts relied on in opposition to the application;
(c) whether the applicant may serve a reply to any notice of objection;
(d) whether any particular fact should be proved by a witness statement;
(e) whether any statements of case or points of claim or defence are to be served; and
(2) adjourn the claim for hearing before a judge.
Applications under article 10 of the Mortgaging of Aircraft Order 1972
14.1 This paragraph applies to an application under article 10 of the Mortgaging of Aircraft Order 1972 for an order to amend the Register of Aircraft Mortgages.
14.2 The application must be made by claim form under Part 8.
14.3 Every person (other than the claimant) who appears in the register as mortgagor or mortgagee of the aircraft concerned must be made a defendant to the claim.
14.4 A copy of the claim form must be sent to the Civil Aviation Authority.
14.5 The application will be assigned to the Chancery Division.
14.6 The Civil Aviation Authority is entitled to be heard in the proceedings.
Applications under section 344 of the Insolvency Act 1986 for registration of assignments of book debts
15.1 This paragraph applies to an application under section 344 of the Insolvency Act 1986 to register an assignment of book debts.
15.2 The application must be made—
(1) by claim form under Part 8; or
(2) by witness statement.
15.3 The application must be made to a Master of the King’s Bench Division and accompanied by payment of the prescribed fee.
15.4 Where the application is made by witness statement—
(1) Part 23 applies to the application;
(2) the witness statement constitutes the application notice under that Part;
(3) the witness statement does not need to be served on any other person; and
(4) the application will normally be dealt with without a hearing.
15.5 The application—
(1) must have exhibited to it a true copy of the assignment and of every schedule to it;
(2) must set out the particulars of the assignment and the parties to it; and
(3) must verify the date and time of the execution of the assignment, and its execution in the presence of a witness.
15.6 Upon the court being satisfied, the documents so exhibited will be filed and the particulars of the assignment and of the parties to it entered in the register.
Application under section 42 of the Senior Courts Act 1981
16.1 An application under section 42 of the Senior Courts Act 1981 is heard and determined by a Divisional Court.
16.2 The claim form must be filed at the Administrative Court and—
(1) be accompanied by a witness statement in support; and
(2) be served on the person against whom the order is sought.
Application for detailed assessment of a returning officer’s account
17.1
(1) An application by—
(a) the Secretary of State under section 30 of the Representation of the People Act 1983 or paragraph 4 of Schedule 1 to the Recall of MPs Act 2015;
(b) the Welsh Ministers under article 24 of the National Assembly for Wales (Representation of the People) Order 2007; or
(c) the Electoral Commission under paragraph 17 of Schedule 3 to the European Union Referendum Act 2015,
for the detailed assessment of a returning officer's account must be made by claim form.
(2) In this paragraph and paragraphs 17.3 to 17.5 and 17.8, references to the returning officer are to be read—
(a) for applications under the Recall of MPs Act 2015, as references to the
petition officer;
(b) for applications under the National Assembly for Wales (Representation of the People) Order 2007, as references to—
(i) the constituency returning officer, in relation to a constituency election; and
(ii) the constituency and regional returning officer, in relation to a regional
election; and
(c) for applications under the European Union Referendum Act 2015, as references to the counting officer or Regional Counting Officer.
17.2 When it issues the claim form, the court will fix a date for the hearing of the detailed assessment to be dealt with if the application is granted.
17.3 The returning officer may, on the application, apply to the court to examine any claim made against him in respect of matters charged in the account.
17.4 To make an application under paragraph 17.3, the returning officer must file an application within 7 days of being served with a copy of the application for detailed assessment.
17.5 When an application is filed under paragraph 17.3, the court will—
(a) fix a date for the hearing;
(b) give notice of the hearing date to the returning officer; and
(c) serve a copy of the application and notice of hearing on the claimant.
17.6 The examination and detailed assessment may take place on the same day, provided that the examination is determined before the detailed assessment is concluded.
17.7 The district judge may hear and determine—
(a) an application for detailed assessment;
(b) any application under paragraph 17.3.
17.8 The court will serve a copy of the order made in the application on—
(a) the Secretary of State;
(b) the returning officer; and
(c) in an application under paragraph 17.3, the claimant.
Other proceedings under the Representation of the People Acts
18.1
(1) This paragraph applies to proceedings under the Representation of the People Acts (other than proceedings under section 30 of the Representation of the People Act 1983) and the European Union Referendum (Conduct) Regulations 2016 (“the 2016 Regulations”).
(2) The jurisdiction of the High Court under those Acts in matters relating to Parliamentary and local government elections, or under the 2016 Regulations, will be exercised by a Divisional Court except that—
(a) any jurisdiction, under a provision of any of those Acts, or under the 2016 Regulations, exercisable by a single judge will be exercised by a single judge;
(b) any jurisdiction, under any such provision, exercisable by a Master will be exercised by a Master; and
(c) where the court’s jurisdiction in matters relating to Parliamentary elections is exercisable by a single judge, that jurisdiction in matters relating to local government elections is also exercisable by a single judge.
Application under Mental Health Act 1983
19.1 In this paragraph—
(1) a section referred to by a number refers to the section so numbered in the Mental Health Act 1983 and ‘Part II’ means Part II of that Act;
(2) ‘hospital manager’ means the manager of a hospital as defined in section 145(1) of the Act; and
(3) ‘place of residence’ means, in relation to a patient who is receiving treatment as an in-patient in a hospital or other institution, that hospital or institution.
19.2 The claim form must be filed—
(1) in the County Court hearing centre serving the patient's place of residence is situated; or
(2) in the case of an application under section 30, in the court or County Court hearing centre that made the order under section 29 which the application seeks to discharge or vary.
19.3 Where an application is made under section 29 for an order that the functions of the nearest relative of the patient are to be exercisable by some other person –
(1) the nearest relative must be made a respondent, unless—
(a) the application is made on the grounds that the patient has no nearest relative or that it is not reasonably practicable to ascertain whether he has a nearest relative; or
(b) the court orders otherwise; and
(2) the court may order that any other person shall be made a respondent.
19.4 Subject to paragraph 18.5, the court may accept as evidence of the facts relied upon in support of the application, any report made—
(1) by a medical practitioner; or
(2) by any of the following acting in the course of their official duties—
(a) a probation officer;
(b) an officer of a local authority;
(c) an officer of a voluntary body exercising statutory functions on behalf of a local authority; or
(d) an officer of a hospital manager.
19.5 The respondent must be informed of the substance of any part of the report dealing with his fitness or conduct that the court considers to be material to the determination of the claim.
19.6 An application under Part II shall be heard in private unless the court orders otherwise.
19.7 The judge may, for the purpose of determining the application, interview the patient. The interview may take place in the presence of, or separately from, the parties. The interview may be conducted elsewhere than at the court. Alternatively, the judge may direct the district judge to interview the patient and report to the judge in writing.
Applications under section 13 of the Coroners Act 1988
20.1 An application under section 13 of the Coroners Act 1988 is heard and determined by a Divisional Court.
20.2 The application must, unless made by the Attorney General, be accompanied by the Attorney General’s fiat.
20.3 The claim form must—
(1) state the grounds for the application;
(2) be filed at the Administrative Court; and
(3) be served upon all persons directly affected by the application within six weeks of the grant of the Attorney General’s fiat.
Application for injunction to prevent environmental harm or unlicensed activities
21.1 This paragraph relates to applications under—
(1) section 187B or 214A of the Town and Country Planning Act 1990;
(2) section 44A of the Planning (Listed Buildings and Conservation Areas) Act 1990;
(3) section 26AA of the Planning (Hazardous Substances) Act 1990; or
(4) section 12 or 26 of the Energy Act 2008.
21.2 An injunction may be granted under those sections against a person whose identity is unknown to the applicant.
21.3 In this paragraph, an injunction refers to an injunction under one of those sections and 'the defendant’ is the person against whom the injunction is sought.
21.4 In the claim form, the applicant must describe the defendant by reference to—
(1) a photograph;
(2) a thing belonging to or in the possession of the defendant; or
(3) any other evidence.
21.5 The description of the defendant under paragraph 20.4 must be sufficiently clear to enable the defendant to be served with the proceedings.
(The court has power under Part 6 to dispense with service or make an order permitting service by an alternative method or at an alternative place).
21.6 The application must be accompanied by a witness statement. The witness statement must state—
(1) that the applicant was unable to ascertain the defendant's identity within the time reasonably available to him;
(2) the steps taken by him to ascertain the defendant’s identity;
(3) the means by which the defendant has been described in the claim form; and
(4) that the description is the best the applicant is able to provide.
21.7 When the court issues the claim form it will—
(1) fix a date for the hearing; and
(2) prepare a notice of the hearing date for each party.
21.8 The claim form must be served not less than 21 days before the hearing date.
21.9 Where the claimant serves the claim form, he must serve notice of the hearing date at the same time, unless the hearing date is specified in the claim form.
(CPR rules 3.1(2) (a) and (b) provide for the court to extend or shorten the time for compliance with any rule or practice direction, and to adjourn or bring forward a hearing)
21.10 The court may on the hearing date—
(1) proceed to hear the case and dispose of the claim; or
(2) give case management directions.
Proceedings under the Financial Services and Markets Act 2000
22.1 This paragraph applies to proceedings in the High Court under the Financial Services and Markets Act 2000.
22.2 Proceedings in the High Court under the Act (other than applications for a mandatory order) and actions for damages for breach of a statutory duty imposed by the Act shall be assigned to the Chancery Division.
22.3 Such proceedings and actions must be begun by claim form (except for applications by petition by the Financial Conduct Authority or the Prudential Regulation Authority under section 367 of the Act).
22.4 The Financial Conduct Authority or the Prudential Regulation Authority may make representations to the court where there is a question about the meaning of any rule or other instrument made by, or with the approval or consent of, the Financial Conduct Authority or the Prudential Regulation Authority.
22.5 When the court makes a voting rights suspension order under section 89NA of the Act, the Financial Conduct Authority must within 7 days, or such period as the Court may direct, serve a copy of the order on the company which issued the shares to which it relates
Proceedings under The Telecommunications Restriction Orders (Custodial Institutions) (England and Wales) Regulations 2015
23.1 This paragraph applies to proceedings under The Telecommunications Restriction Orders (Custodial Institutions) (England and Wales) Regulations 2015 (“the TRO Regulations”).
23.2 An application under regulation 3(1) for a Telecommunications Restriction Order (“TRO”) must be made at the Clerkenwell and Shoreditch County Court hearing centre.
23.3 If the claimant indicates in the claim form that the claimant is also applying for a non-disclosure order under regulation 8 of the TRO Regulations, the claimant’s evidence in respect of the TRO application must not be served until the court has determined the non-disclosure application. If the non-disclosure application is not granted, the court must give the claimant an opportunity to withdraw the TRO application. If the non-disclosure application is not granted and the claimant withdraws the claim, then the court must return the TRO claim form, and any documents submitted in connection with the TRO application, to the claimant.
23.4 The court must when it issues the claim form fix a date for hearing of the application for a TRO, which must unless the court orders otherwise be no later than 21 days after the date of issue.
23.5 In accordance with regulation 10 of the TRO Regulations, if a hearing is held, it must be held in private unless the court orders otherwise.
23.6 Rule 44.2(2)(a) (the general rule on costs) does not apply to proceedings to which this paragraph applies.
(Regulation 6 of the TRO Regulations makes specific provision for costs in relation to an application for a TRO.)
23.7 Rule 5.4B (supply of court documents to a party) applies subject to any order made by the court under regulation 5(2) of the TRO Regulations.
23.8 Unless the court orders otherwise, rule 5.4C (supply of court documents to a non-party) does not apply to any proceedings to which this paragraph applies.
Proceedings under the Drug Dealing Telecommunication Restriction Orders Regulations 2017
24.1 This paragraph applies to proceedings under The Drug Dealing Telecommunication Restriction Orders Regulations 2017 (“the DDTRO Regulations”); and references in this paragraph to a regulation by number alone are to a regulation in the DDTRO Regulations.
24.2 An application under regulation 3(1) for a Drug Dealing Telecommunication Restriction Order (“DDTRO”) must be made at one of the following County Court hearing centres—
- Clerkenwell and Shoreditch
- Manchester
- Liverpool
- Birmingham
- Newcastle
- Bristol.
24.3 The court must when it issues the claim form fix a date for hearing of the application for a DDTRO, which must unless the court orders otherwise be no later than 21 days after the date of issue.
24.4 In accordance with regulation 4(2), an application for a DDTRO must be made and heard without notice of the application or hearing having been given to an affected person or their legal representative and be heard and determined in the absence of an affected person or their legal representative.
24.5 Rule 5.4B (supply of court documents to a party) applies subject to any order made by the court under regulation 9(1) of the DDTRO Regulations.
24.6 Unless the court orders otherwise, rule 5.4C (supply of court documents to a non-party) does not apply to any proceedings to which this paragraph applies.
24.7 In accordance with regulation 9(4), an application for a non-disclosure order may be determined in advance of, or at the same time as, a DDTRO application or appeal.
24.8. In accordance with regulation 9(7), if the claimant indicates in the claim form that the claimant is also applying for a non-disclosure order under regulation 9 of the DDTRO Regulations, the claimant’s evidence in respect of the DDTRO application must not be served until the court has determined the non-disclosure application. If the non-disclosure application is not granted, the court must give the claimant an opportunity to withdraw the DDTRO application. If the non-disclosure application is not granted and the claimant withdraws the claim, then the court must return the DDTRO claim form, and any documents submitted in connection with the DDTRO application, to the claimant.
Proceedings under Chapter 3A of Part 5 of the Proceeds of Crime Act 2002 and Part 4A of Schedule 1 to the Anti-terrorism, Crime and Security Act 2001
25.1 This paragraph applies to applications which are transferred from a magistrates’ court to the High Court under Section 303R of the Proceeds of Crime Act 2002 or paragraph 10J of Schedule 1 to the Anti-terrorism Crime and Security Act 2001 (“transferred forfeiture applications”).
25.2 The Part 8 procedure applies to transferred forfeiture applications with the following modifications.
25.3 Rules 8.2 and 8.2A(2)-(4), and paragraphs 4.1, 4.2, and paragraphs 7.1 to 7.5 of this practice direction, do not apply, and—
(1) the application made to the magistrates’ court (“the MC document”) shall be treated as equivalent to a Part 8 claim form (whether or not any defendant is named in it);
(2) no separate claim form is to be issued;
(3) the applicant to the magistrates’ court shall be “the claimant”;
(4) the address of the claimant given in the MC document shall be the claimant’s address for service;
(5) any person named in the MC document as being a person the application was being brought against or who has sought to oppose or who has failed or refused to agree to the application whilst it was in the magistrates’ court shall be a defendant; and
(6) any evidence filed by the claimant with the magistrates’ court prior to the transfer of the application to the High Court shall be treated as evidence filed by the claimant in support of the Part 8 Claim; and any evidence so filed by any defendant or other person shall be treated as evidence filed in relation to the Part 8 Claim.
25.4 On receipt of a transferred forfeiture application—
(1) the court shall give the proceedings a number;
(2) the proceedings are to be heard in the King’s Bench Division unless the court shall otherwise order;
(3) if the court considers it is necessary, the court shall order that the claimant must provide the court with any of the information listed in rule 8.2(b) to (e), and with the names (or other means of identification) of the defendant(s), where that information is not otherwise provided in the MC document; and
(4) the court shall order a directions hearing to be listed on the first available date after twenty-eight days after the end of the service period (see paragraph 25.5), at which the court will—
(i) fix a date for the hearing of the application or for a further directions hearing;
(ii) give directions as to the exchange of evidence between the parties;
(iii) give directions as to any other matters which are required in advance of that hearing, for example regarding the joinder of or service upon any further persons.
25.5 Rule 7.5 shall not apply and, subject to any direction made by the Court in accordance with paragraph 25.6 (or order made under rules 6.15, 6.16, 6.27 or 6.28), the claimant shall serve (in like manner as provided by Part 6 of the Rules in relation to service of claim forms or as provided by any enactment) upon the defendant the following documents within two months of the date of the order made under paragraph 25.4 (“the service period”)—
(1) the transferred application, and any evidence described in paragraph 25.3(6);
(2) a statement of who are the defendants (unless such is apparent from the MC document) which must also be filed at court;
(3) the order transferring the application to the High Court under Section 303R of the Proceeds of Crime Act 2002 or paragraph 10J of Schedule 1 to the Anti-terrorism Crime and Security Act 2001 (as appropriate);
(4) the order made under paragraph 25.4; and
(5) an acknowledgment of service form.
25.6 The court may extend the service period by making a direction of its own initiative or on application of any party, whether before or after the expiry of the period described in paragraph 25.5. An application for a direction to extend the service period is to be supported by evidence, with the court having a general discretion (and, for the avoidance of doubt, no sanction is imposed by paragraph 25.5), and rule 3.1(2)(a) shall apply and rules 7.6 and 7.7 shall not apply.
25.7 Rule 8.3 applies with the modification that the acknowledgment of service must be filed not more than 14 days after service of the documents listed in paragraph 25.5.
25.8 Rule 8.5 does not apply, and, except as provided by paragraphs 25.3(6) above, the parties—
(1) may (but without any obligation to do so) file and serve evidence not less than 7 days before the first directions hearing; and
(2) must file and serve evidence in accordance with the directions given by the court,
and any such evidence must (unless the court otherwise directs) be in the form of a witness statement or an affidavit.
25.9 Rule 8.6 applies with the modification that no written evidence may be relied on at the hearing of the claim unless—
(1) it is as described in paragraphs 25.3(6) or 25.8(1) or it has been filed and served in accordance with the court’s directions; or
(2) the court gives permission (for which any party may apply).