3.1
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(1)
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The list of powers in this rule is in addition to any
powers given to the court by any other rule or practice direction or by any
other enactment or any powers it may otherwise have.
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(2)
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Except where these Rules provide otherwise, the court
may -- extend or shorten the time for compliance with
any rule, practice direction or court order (even if an application for
extension is made after the time for compliance has expired);
- adjourn or bring forward a hearing;
- require a party or a partys legal
representative to attend the court;
- hold a hearing and receive evidence by telephone
or by using any other method of direct oral communication;
- direct that part of any proceedings (such as a
counterclaim) be dealt with as separate proceedings;
- stay(GL) the whole or part
of any proceedings or judgment either generally or until a specified date or
event;
- consolidate proceedings;
- try two or more claims on the same
occasion;
- direct a separate trial of any issue;
- decide the order in which issues are to be
tried;
- exclude an issue from consideration;
- dismiss or give judgment on a claim after a
decision on a preliminary issue;
- take any other step or make any other order for
the purpose of managing the case and furthering the overriding
objective.
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(3)
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When the court makes an order, it may -- make it subject to conditions, including a
condition to pay a sum of money into court; and
- specify the consequence of failure to comply with
the order or a condition.
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(4)
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Where the court gives directions it may take into
account whether or not a party has complied with any relevant pre-action
protocol(GL).
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(5)
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The court may order a party to pay a sum of money into
court if that party has, without good reason, failed to comply with a rule,
practice direction or a relevant pre-action protocol.
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(6)
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When exercising its power under paragraph (5) the court
must have regard to -- the amount in dispute; and
- the costs which the parties have incurred or
which they may incur.
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(6A)
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Where a party pays money into court following an order
under paragraph (3) or (5), the money shall be security for any sum payable by
that party to any other party in the proceedings, subject to the right of a
defendant under rule 37.2 to treat all or part of any money paid into court as
a Part 36 payment.
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(Rule 36.2 explains what is meant by a Part 36
payment)
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(7)
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A power of the court under these Rules to make an order
includes a power to vary or revoke the order.
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3.3
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(1)
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Except where a rule or some other enactment provides
otherwise, the court may exercise its powers on an application or of its own
initiative.
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(Part 23 sets out the procedure for making an
application)
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(2)
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Where the court proposes to make an order of its own
initiative -- it may give any person likely to be affected by
the order an opportunity to make representations; and
- where it does so it must specify the time by and
the manner in which the representations must be made.
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(3)
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Where the court proposes -- to make an order of its own initiative;
and
- to hold a hearing to decide whether to make the
order,
it must give each party likely to be affected by the
order at least 3 days notice of the hearing.
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(4)
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The court may make an order of its own initiative,
without hearing the parties or giving them an opportunity to make
representations.
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(5)
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Where the court has made an order under paragraph (4)
-- a party affected by the order may apply to have
it set aside(GL), varied or
stayed(GL); and
- the order must contain a statement of the right
to make such an application.
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(6)
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An application under paragraph (5)(a) must be made
-- within such period as may be specified by the
court; or
- if the court does not specify a period, not more
than 7 days after the date on which the order was served on the party making
the application.
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(CCR O.42, in Schedule 2, sets out the circumstances when
the court may not make an order of its own initiative against the Crown)
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3.4
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(1)
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In this rule and rule 3.5, reference to a statement of
case includes reference to part of a statement of case.
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(2)
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The court may strike out(GL) a
statement of case if it appears to the court -- that the statement of case discloses no
reasonable grounds for bringing or defending the claim;
- that the statement of case is an abuse of the
courts process or is otherwise likely to obstruct the just disposal of
the proceedings; or
- that there has been a failure to comply with a
rule, practice direction or court order.
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(3)
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When the court strikes out a statement of case it may
make any consequential order it considers appropriate.
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(4)
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Where -- the court has struck out a claimants
statement of case;
- the claimant has been ordered to pay costs to the
defendant; and
- before the claimant pays those costs, he starts
another claim against the same defendant, arising out of facts which are the
same or substantially the same as those relating to the claim in which the
statement of case was struck out,
the court may, on the application of the defendant,
stay(GL) that other claim until the costs of the first
claim have been paid.
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(5)
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Paragraph (2) does not limit any other power of the
court to strike out(GL) a statement of case.
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3.5
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(1)
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This rule applies where -- the court makes an order which includes a term
that the statement of case of a party shall be struck out if the party does not
comply with the order; and
- the party against whom the order was made does
not comply with it.
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(2)
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A party may obtain judgment with costs by filing a
request for judgment if -- the order referred to in paragraph (1)(a) relates
to the whole of a statement of case; and
- where the party wishing to obtain judgment is the
claimant, the claim is for -
- a specified amount of money;
- an amount of money to be decided by the
court;
- delivery of goods where the claim form
gives the defendant the alternative of paying their value; or
- any combination of these remedies.
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(3)
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Where judgment is obtained under this rule in a case to
which paragraph (2) (b) (iii) applies, it will be judgment requiring the
defendant to deliver goods, or (if he does not do so) pay the value of the
goods as decided by the court (less any payments made).
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(4)
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The request must state that the right to enter judgment
has arisen because the courts order has not been complied with.
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(5)
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A party must make an application in accordance with
Part 23 if he wishes to obtain judgment under this rule in a case to which
paragraph (2) does not apply.
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3.7
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(1)
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This rule applies where -- an allocation questionnaire or a listing
questionnaire is filed without payment of the fee specified by the relevant
Fees Order;
- the court dispenses with the need for an
allocation questionnaire or a listing questionnaire or both;
- these Rules do not require an allocation
questionnaire or a listing questionnaire to be filed in relation to the claim
in question; or
- the court has made an order giving permission to
proceed with a claim for judicial review.
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(Rule 26.3 provides for the court to dispense with the
need for an allocation questionnaire and rules 28.5 and 29.6 provide for the
court to dispense with the need for a listing questionnaire)
(Rule 54.12 provides for the service of the order giving
permission to proceed with a claim for judicial review)
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(2)
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The court will serve a notice on the claimant requiring
payment of the fee specified in the relevant Fees Order if, at the time the fee
is due, the claimant has not paid it or made an application for exemption or
remission..
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(3)
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The notice will specify the date by which the claimant
must pay the fee.
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(4)
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If the claimant does not -- pay the fee; or
- make an application for an exemption from or
remission of the fee,
by the date specified in the notice -- the claim shall be struck out; and
- the claimant shall be liable for the costs
which the defendant has incurred unless the court orders otherwise.
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(Rule 44.12 provides for the basis of assessment where a
right to costs arises under this rule)
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(5)
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Where an application for exemption from or remission of
a fee is refused, the court will serve notice on the claimant requiring payment
of the fee by the date specified in the notice.
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(6)
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If the claimant does not pay the fee by the date
specified in the notice -- the claim shall be struck out; and
- the claimant shall be liable for the costs which
the defendant has incurred unless the court orders otherwise.
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(7)
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If -- a claimant applies under rule 3.9 (relief from
sanctions) to have the claim reinstated; and
- the court grants relief under that rule,
the relief shall be conditional on the claimant
-- paying the fee; or
- filing evidence of exemption from payment
or remission of the fee,
within 2 days of the date of the order.
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(Rule 25.11 provides for when an interim injuction shall
cease to have effect when a claim is struck out under this rule)
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3.8
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(1)
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Where a party has failed to comply with a rule,
practice direction or court order, any sanction for failure to comply imposed
by the rule, practice direction or court order has effect unless the party in
default applies for and obtains relief from the sanction.
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(Rule 3.9 sets out the circumstances which the court may
consider on an application to grant relief from a sanction)
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(2)
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Where the sanction is the payment of costs, the party
in default may only obtain relief by appealing against the order for
costs.
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(3)
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Where a rule, practice direction or court order
-- requires a party to do something within a
specified time, and
- specifies the consequence of failure to
comply,
the time for doing the act in question may not be
extended by agreement between the parties.
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