Contents
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VOLUME I |
RULES AND PRACTICE DIRECTIONS |
Notes to RAPR |
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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 |
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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 |
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PRACTICE DIRECTIONS: |
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COURT OFFICES |
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B. ALLOCATION OF CASES TO LEVELS OF JUDICIARY |
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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 3.8 |
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 |
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PRACTICE DIRECTION: |
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STRIKING OUT A STATEMENT OF CASE |
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B. SANCTIONS FOR NON-PAYMENT OF FEES |
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PART 4 |
FORMS |
Rule 4 |
Forms |
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PRACTICE DIRECTION |
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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 |
Supply of documents from court records |
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PRACTICE DIRECTION |
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PART 6 |
SERVICE OF DOCUMENTS |
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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 patients |
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 |
Notice of non-service |
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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 |
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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 the jurisdiction |
Rule 6.22 |
Period for acknowledging service or for admitting the claim where claim form served out of the jurisdiction under rule 6.19 |
Rule 6.23 |
Period for filing a defence where a claim form 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 |
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PRACTICE DIRECTIONS |
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SERVICE |
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B. SERVICE OUT OF THE JURISDICTION |
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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 |
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PRACTICE DIRECTIONS: |
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HOW TO START PROCEEDINGS |
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B. CONSUMER CREDIT ACT CLAIM |
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C. PRODUCTION CENTRE |
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D. CLAIMS FOR THE RECOVERY OF TAXES |
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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 Part 8 procedure |
Rule 8.9 |
Modifications to the general rules |
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PRACTICE DIRECTIONS: |
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ALTERNATIVE PROCEDURE FOR CLAIMS |
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B. HOW TO MAKE CLAIMS IN SCHEDULE RULES AND OTHER CLAIMS |
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PART 9 |
RESPONDING TO PARTICULARS OF CLAIM - GENERAL |
Rule 9.1 |
Scope of this Part |
Rule 9.2 |
Defence, admission or acknowledgment of service |
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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 |
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PRACTICE DIRECTION |
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PART 11 |
DISPUTING THE COURT'S JURISDICTION |
Rule 11 |
Procedure for disputing the court's jurisdiction |
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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 |
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PRACTICE DIRECTION |
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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 |
Claimant's duty to apply to set aside judgment |
Rule 13.6 |
Abandoned claim restored where default judgment set aside |
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PART 14 |
ADMISSIONS |
Rule 14.1 |
Making an admission |
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 claim for 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 |
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PRACTICE DIRECTION |
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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 |
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PRACTICE DIRECTION |
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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 |
Contents 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 |
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PRACTICE DIRECTION |
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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 |
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PRACTICE DIRECTION |
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PART 18 |
FURTHER INFORMATION |
Rule 18.1 |
Obtaining further information |
Rule 18.2 |
Restriction on use of further information |
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PRACTICE DIRECTION |
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PART 19 |
PARTIES AND GROUP LITIGATION |
Rule 19.1 |
Parties - general |
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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 |
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II Representative Parties |
Rule 19.6 |
Representative parties with same interest |
Rule 19.7 |
Representation of interested persons who cannot be ascertained etc. |
Rule 19.8 |
Death |
Rule 19.8A |
Power to make judgements binding on non-parties |
Rule 19.9 |
Derivative Claims |
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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 |
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PRACTICE DIRECTIONS |
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ADDITION AND SUBSTITUTION OF PARTIES |
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B. GROUP LITIGATION |
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PART 20 |
COUNTERCLAIMS AND OTHER ADDITIONAL CLAIMS |
Rule 20.1 |
Purpose of Part 20 |
Rule 20.2 |
Meaning of Part 20 claim |
Rule 20.3 |
Part 20 claim to be treated as a claim for the purposes of the Rules |
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 claim for contribution or indemnity from co-defendant |
Rule 20.7 |
Procedure for making any other Part 20 claim |
Rule 20.8 |
Service of a Part 20 claim form |
Rule 20.9 |
Matters relevant to question of whether a Part 20 claim should be separate from main claim |
Rule 20.10 |
Effect of service of a Part 20 claim |
Rule 20.11 |
Special provisions relating to default judgment on a Part 20 claim other than a counterclaim or a contribution or indemnity notice |
Rule 20.12 |
Procedural steps on service of a Part 20 claim form on a non-party |
Rule 20.13 |
Case management where there is a defence to a Part 20 claim form |
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PRACTICE DIRECTION |
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PART 21 |
CHILDREN AND PATIENTS |
Rule 21.1 |
Scope of this Part |
Rule 21.2 |
Requirement for litigation friend in proceedings by or against children and patients |
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 litigation friend and to prevent person acting as litigation friend |
Rule 21.8 |
Appointment of litigation friend by court order - supplementary |
Rule 21.9 |
Procedure where appointment of litigation friend ceases |
Rule 21.10 |
Compromise etc. by or on behalf of child or patient |
Rule 21.11 |
Control of money recovered by or on behalf of child or patient |
Rule 21.12 |
Appointment of guardian of child's estate |
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PRACTICE DIRECTION |
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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 |
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PRACTICE DIRECTION |
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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 |
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PRACTICE DIRECTION |
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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 |
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PRACTICE DIRECTION |
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PART 25 |
INTERIM REMEDIES AND SECURITY FOR COSTS |
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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 the 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 |
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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 appeal |
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PRACTICE DIRECTIONS |
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INTERIM INJUNCTIONS |
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B. INTERIM PAYMENTS |
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C. ACCOUNTS & ENQUIRIES |
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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 |
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PRACTICE DIRECTION |
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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 |
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PRACTICE DIRECTION |
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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 |
Listing questionnaire |
Rule 28.6 |
Fixing or confirming the trial date and giving directions |
Rule 28.7 |
Conduct of trial |
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PRACTICE DIRECTION |
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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 |
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 the trial |
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PRACTICE DIRECTION |
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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 |
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PRACTICE DIRECTION |
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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 |
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PRACTICE DIRECTION |
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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 |
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PRACTICE DIRECTION |
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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 |
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PRACTICE DIRECTIONS: |
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CIVIL EVIDENCE ACT 1995 |
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B. LAND REGISTRATION ACT |
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PART 34 |
DEPOSITIONS AND COURT ATTENDANCE BY WITNESSES |
Rule 34.1 |
Scope of this Part |
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 34.14 |
Fees and expenses of examiner |
Rule 34.15 |
Examiners of the court |
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PRACTICE DIRECTIONS: |
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DEPOSITIONS AND COURT ATTENDANCE BY WITNESSES |
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B. FEES FOR EXAMINERS OF THE COURT |
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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 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 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 |
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PRACTICE DIRECTION |
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PART 36 |
OFFERS TO SETTLE AND PAYMENTS INTO COURT |
Rule 36.1 |
Scope of this Part |
Rule 36.2 |
Part 36 offers and Part 36 payments - general provisions |
Rule 36.3 |
A defendant's offer to settle a money claim requires a Part 36 payment |
Rule 36.4 |
Defendant's offer to settle the whole of a claim which includes both a money claim and a non-money claim |
Rule 36.5 |
Form and content of a Part 36 offer |
Rule 36.6 |
Notice of a Part 36 payment |
Rule 36.7 |
Offer to settle a claim for provisional damages |
Rule 36.8 |
Time when a Part 36 offer or a Part 36 payment is made and accepted |
Rule 36.9 |
Clarification of a Part 36 offer or a Part 36 payment notice |
Rule 36.10 |
Court to take into account offer to settle made before commencement of proceedings |
Rule 36.11 |
Time for acceptance of a defendant's Part 36 offer or Part 36 payment |
Rule 36.12 |
Time for acceptance of a claimant's Part 36 offer |
Rule 36.13 |
Costs consequences of acceptance of a defendant's Part 36 offer or Part 36 payment |
Rule 36.14 |
Costs consequences of acceptance of a claimant's Part 36 offer |
Rule 36.15 |
The effect of acceptance of a Part 36 offer or a Part 36 payment |
Rule 36.16 |
Payment out of a sum in court on the acceptance of a Part 36 payment |
Rule 36.17 |
Acceptance of a Part 36 offer or a Part 36 payment made by one or more, but not all, defendants |
Rule 36.18 |
Other cases where a court order is required to enable acceptance of a Part 36 offer or a Part 36 payment |
Rule 36.19 |
Restriction on disclosure of a Part 36 offer or a Part 36 payment |
Rule 36.20 |
Costs consequences where a claimant fails to do better than a Part 36 offer or a Part 36 payment |
Rule 36.21 |
Costs and other consequences where claimant does better than he proposed in his Part 36 offer |
Rule 36.22 |
Interest |
Rule 36.23 |
Deduction of benefits |
|
PRACTICE DIRECTION |
|
PART 37 |
MISCELLANEOUS PROVISIONS ABOUT PAYMENTS INTO COURT |
Rule 37.1 |
Money paid into court under a court order - general |
Rule 37.2 |
Money paid into court may be treated as a Part 36 payment |
Rule 37.3 |
Money paid into court where defendant wishes to rely on defence of tender before claim |
Rule 37.4 |
Proceedings under Fatal Accidents Act 1976 and Law Reform (Miscellaneous Provisions) Act 1934 - apportionment by court |
|
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 |
Claims under the Race Relations Act 1976 |
|
PRACTICE DIRECTIONS: |
|
MISCELLANEOUS PROVISIONS RELATING TO HEARINGS |
|
B. COURT SITTINGS |
|
C. CLAIMS UNDER THE RACE RELATIONS ACT |
|
PART 40 |
JUDGMENTS, ORDERS, SALE OF LAND ETC. |
|
|
|
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 judgment 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 |
Rule 40.20 |
Declaratory Judgements |
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PRACTICE DIRECTIONS: |
|
ACCOUNTS & ENQUIRIES |
|
B. JUDGMENTS & ORDERS |
|
C. STRUCTURED SETTLEMENTS |
|
D.1 COURT's POWERS IN RELATION TO LAND |
|
D.2 CONVEYANCING COUNSEL OF THE COURT |
|
|
VOLUME II |
|
PART 41 |
PROVISIONAL DAMAGES |
Rule 41.1 |
Application and definitions |
Rule 41.2 |
Order for an award of provisional damages |
Rule 41.3 |
Application for further damages |
|
PRACTICE DIRECTION |
|
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 COSTS 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 |
Rule 45.1 |
Scope of this Part |
Rule 45.2 |
Amount of fixed commencement costs |
Rule 45.3 |
When defendant only liable for fixed commencement costs |
Rule 45.4 |
Costs on entry of judgment |
Rule 45.5 |
Miscellaneous fixed costs |
|
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 an assisted person where costs are payable out of the legal aid fund |
Rule 47.17 |
Detailed assessment procedure for costs of an assisted person where costs are payable out of the legal aid 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 Appeal against decisions in detailed assessment proceedings |
Rule 47.20 |
Right to appeal |
Rule 47.21 |
Preliminary requirements for bringing an appeal |
Rule 47.22 |
Court to hear appeal |
Rule 47.23 |
Duty to seek reasons |
|
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 patient |
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 |
Conditional fees |
|
COSTS PRACTICE DIRECTION (COVER RULE PARTS 43-48) |
|
PART 49 |
SPECIALIST PROCEEDINGS |
Rule 49 |
Specialist proceedings |
|
PRACTICE DIRECTIONS: |
|
B. APPLICATIONS UNDER THE COMPANIES ACT 1985 |
|
C. TECHNOLOGY & CONSTRUCTION COURT |
|
D. COMMERCIAL COURT |
|
E. PATENTS ETC. |
|
F. ADMIRALTY |
|
G. ARBITRATION |
|
H. MERCANTILE COURTS AND BUSINESS LISTS |
|
PART 50 |
APPLICATION OF THE SCHEDULES |
Rule 50 |
Application of the Schedules |
|
PART 51 |
TRANSITIONAL ARRANGEMENTS |
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 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 |
|
PRACTICE DIRECTION |
|
|
|
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 |
|
PRACTICE DIRECTION |
|
PART 53 |
DEFAMATION CLAIMS |
|
|
|
Contents of this Part |
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 |
|
|
|
Contents of this Part |
Rule 54.1 |
Scope and interpretation |
Rule 54.2 |
When this Part must be used |
Rule 54.3 |
When this Part 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 |
|
PRACTICE DIRECTION |
|
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 |
|
|
|
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 |
|
PRACTICE DIRECTION |
|
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 under section 24 of the Landlord and Tenant Act 1954 |
|
|
|
II Miscellaneous provisions about land |
Rule 56.4 |
Scope |
|
PRACTICE DIRECTION |
|
PART 57 |
PROBATE CLAIMS - RECTIFICATION OF WILLS - SUBSTITUTION AND REMOVAL OF PERSONAL REPRSENTATIVES |
Ruel 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 |
|
PRACTICE DIRECTION |
|
SCHEDULE 1 |
|
RSC Rules |
|
|
PRACTICE DIRECTIONS TO SUPPLEMENT |
|
RSC ORDER 54 |
|
RSC ORDER 71 |
|
RSC ORDER 85 |
|
RSC ORDER 95 |
|
|
VOLUME III |
RULES AND PRACTICE DIRECTIONS |
SCHEDULE 2 |
|
CCR Rules |
|
|
PRACTICE DIRECTIONS TO SUPPLEMENT |
|
RSC ORDER 46 & CCR ORDER 26 |
|
RSC ORDER 52 & CCR ORDER 29 |
|
CCR ORDER 48B |
|
CCR ORDER 49 |
|
OTHER PRACTICE DIRECTIONS: |
|
INSOLVENCY |
DIRECTORS DISQUALIFICATION PROCEEDINGS |
USE OF WELSH LANGUAGE IN CASES IN THE CIVIL COURTS IN WALES |
DEVOLUTION ISSUES (AND CROWN OFFICE APPLICATIONS IN WALES) |
|
|
|
PRE-ACTION PROTOCOLS |
|
CONSTRUCTION AND ENGINEERING DISPUTES |
|
|
DEFAMATION |
|
|
PERSONAL INJURY CLAIMS |
|
|
RESOLUTION OF CLINICAL DISPUTESS |
|
|
PROFESSIONAL NEGLIGENCE |
|
|
PRE-ACTION PROTOCOL PRACTICE DIRECTION |
|
|
|
FORMS |
|
Glossary |
|
|
Index |
|
|
|