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# Contents

Introduction |
--- | ---
Notes to Accompany |
Table of Destinations Practice Direction |
Part 1 | Overriding Objective
Rule 1 | The overriding objective
Rule 2 | Application by the court of the overriding objective
Rule 3 | Duty of the parties
Rule 4 | Court's duty to manage cases
Part 2 | Interpretation and Application of other Rules
Rule 5 | Extent and application of other rules
Rule 6 | Interpretation
Rule 7 | Power to perform functions of the court
Rule 8 | Court's discretion as to where it deals with cases
Rule 9 | Court documents
Rule 10 | Computation of time
Rule 11 | Dates for compliance to be calendar dates and to include time of day
| Practice Directions:
| Hearings by a single justice of the peace
| B: Court documents
Part 3 | General Case Management Powers
Rule 12 | The court’s general powers of management
Rule 13 | Exercise of powers of court’s own initiative
Rule 14 | Court officer’s power to refer to the court
Rule 15 | General power of the court to rectify matters where there has been an error of procedure
Rule 16 | Power of the court to make civil restraint orders
| Practice Direction
Part 4 | How to start Proceedings
Rule 17 | Forms
Rule 18 | Documents to be attached to the application form
Rule 19 | How to start proceedings
Rule 20 | Application for a serial number
Rule 21 | Personal details
| Practice Direction
Part 5 | Procedure for Applications in Adoption, Placement and Related Proceedings
Rule 22 | Application of this Part
Rule 23 | Who the parties are
Rule 24 | What the court or a court officer will do when the application has been issued
Rule 25 | Date for first directions hearing
Rule 26 | The first directions hearing
Rule 27 | Requesting the court to dispense with the consent of any parent or guardian
Rule 28 | Consent
Rule 29 | Reports by the adoption agency or local authority
Rule 30 | Health reports
Rule 31 | Notice of final hearing
Rule 32 | The final hearing
Rule 33 | Proof of identity of the child
| Practice Directions:
| Who receives a copy of the application form for orders in proceedings
| B: The first directions hearing
| C: Reports by the adoption agency or local authority
| D: Reports by a registered medical practitioner
Part 6 | Service
| Section 1 General Rules about Service
Rule 34 | Scope of this Part
Rule 35 | Methods of service
Rule 36 | Who is to serve
Rule 37 | Service of documents on children and protected parties
Rule 38 | Deemed service
Rule 39 | Power of court to dispense with service
Rule 40 | Certificate of service
Rule 41 | Notice of non-service
| Section 2 Service out of the Jurisdiction
Rule 42 | Scope and definitions
Rule 43 | Service of documents
Rule 44 | Method of service – general provisions
Rule 45 | Service through foreign governments, judicial authorities and British Consular authorities
Rule 46 | Procedure where service is to be through foreign governments, judicial authorities and British Consular authorities
Rule 47 | Service in accordance with the Service Regulation
Rule 48 | Undertaking to be responsible for expenses of the Foreign and Commonwealth Office
| Practice Directions:
| Service
| B: Service out of jurisdiction
Part 7 | Litigation Friend, Children’s Guardian, Reporting Officer and Chidren and Family Reporter
| Section 1 Litigation Friends
Rule 49 | Application of this Section
Rule 50 | Requirement for litigation friend in proceedings
Rule 51 | Circumstances in which the non-subject child does not need a litigation friend
Rule 52 | Stage of proceedings at which a litigation friend becomes necessary
Rule 53 | Who may be a litigation friend for a protected party without a court order
Rule 54 | How a person becomes a litigation friend without a court order
Rule 55 | How a person becomes a litigation friend by court order
Rule 56 | Court’s power to change litigation friend and to prevent person acting as litigation friend
Rule 57 | Appointment of litigation friend by court order – supplementary
Rule 58 | Procedure where appointment of litigation friend comes to an end
| Section 2 Children's Guardian
Rule 59 | Appointment of children’s guardian
Rule 60 | What the court or a court officer will do once the court has made a decision about appointing a children's guardian
Rule 61 | Termination of the appointment of the children’s guardian
Rule 62 | Powers and duties of the children’s guardian
Rule 63 | How the children’s guardian exercises his duties – investigations and appointment of solicitor
Rule 64 | Where the child instructs a solicitor or conducts proceedings on his own behalf
Rule 65 | How the children’s guardian exercises his duties – attendance at court, advice to the court and reports
Rule 66 | How the children’s guardian exercises his duties – service of documents and inspection of records
Rule 67 | How the children’s guardian exercises his duties – communication of a court’s decision to the child
Rule 68 | Solicitor for child
| Section 3 Reporting Officer
Rule 69 | When the court appoints a reporting officer
Rule 70 | Appointment of the same reporting officer in respect of two or more parents or guardians
Rule 71 | The duties of the reporting officer
Rule 72 | How the reporting officer exercises his duties
| Section 4 Children and Family Reporter
Rule 73 | Request by court for a welfare report in respect of the child
Rule 74 | How the children and family reporter exercises his powers and duties
| Section 5 Who can act as Children’s Guardian, Reporting Officer and Children and Family Reporter
Rule 75 | Persons who may not be appointed as children’s guardian, reporting officer or children and family reporter
Rule 76 | Appointment of the same person as children’s guardian, reporting officer and children and family reporter
| Practice Direction
Part 8 | Documents and Disclosure of Documents and Information
Rule 77 | Confidential reports to the court and disclosure to the parties
Rule 78 | Communication of information relating to proceedings
Rule 79 | Orders for disclosure against a person not a party
Rule 80 | Rules not to limit other powers of the court to order disclosure
Rule 81 | Claim to withhold inspection or disclosure of a document
Rule 82 | Custody of documents
Rule 83 | Inspection and copies of documents
Rule 84 | Disclosing information to an adopted adult
Rule 85 | Translation of documents
| Practice Directions:
| Communication of information relating to proceedings
| B: Disclosing information to an adopted adult
Part 9 | Procedure for other Applications in Proceedings
Rule 86 | Types of application for which Part 9 procedure may be followed
Rule 87 | Application notice to be filed
Rule 88 | Notice of an application
Rule 89 | Time when an application is made
Rule 90 | What an application notice must include
Rule 91 | Service of a copy of an application notice
Rule 92 | Applications which may be dealt with without a hearing
Rule 93 | Service of application where application made without notice
Rule 94 | Application to set aside or vary order made without notice
Rule 95 | Power of the court to proceed in the absence of a party
Rule 96 | Dismissal of totally without merit applications
| Practice Direction
Part 10 | Alternative Procedure for Applications
Rule 97 | Types of application for which Part 10 procedure may be followed
Rule 98 | Contents of the application
Rule 99 | Issue of application without naming respondents
Rule 100 | Acknowledgement of service
Rule 101 | Consequence of not filing an acknowledgement of service
Rule 102 | Filing and serving written evidence
Rule 103 | Evidence – general
Rule 104 | Procedure where respondent objects to use of the Part 10 procedure
Rule 105 | Applications under section 60(3) and 79(4) or rule 108
| Practice Direction
Part 11 | Miscellaneous
Rule 106 | Withdrawal of application
Rule 107 | Application for recovery orders
Rule 108 | Inherent jurisdiction and fathers without parental responsibility
Rule 109 | Timing of applications for section 89 order
Rule 110 | Costs
Rule 111 | Orders
Rule 112 | Copies of orders
Rule 113 | Amendment and revocation of orders
Rule 114 | Keeping of registers
Part 12 | Disputing the Court’s Jurisdiction
Rule 115 | Procedure for disputing the court’s jurisdiction
Part 13 | Human Rights
Rule 116 | Human Rights Act 1998
| Practice Direction
Part 14 | Interim Injunctions
Rule 117 | Scope of this Part
Rule 118 | Order for interim injunction
Rule 119 | Time when an order for an interim injunction may be made
Rule 120 | How to apply for an interim injunction
Rule 121 | Interim injunction to cease if application is stayed
| Practice Direction
Part 15 | Admissions and Evidence
Rule 122 | Making an admission
Rule 123 | Power of court to control evidence
Rule 124 | Evidence of witnesses – general rule
Rule 125 | Evidence by video link or other means
Rule 126 | Service of witness statements for use at final hearing
Rule 127 | Use at final hearing of witness statements which have been served
Rule 128 | Evidence in proceedings other than at final hearing
Rule 129 | Order for cross-examination
Rule 130 | Form of witness statement
Rule 131 | Witness summaries
Rule 132 | Cross-examination on a witness statement
Rule 133 | False statements
Rule 134 | Affidavit evidence
Rule 135 | Form of affidavit
Rule 136 | Affidavit made outside the jurisdiction
Rule 137 | Notarial acts and instruments
Rule 138 | Use of plans, photographs and models as evidence
Rule 139 | Evidence of finding on question of foreign law
| Practice Direction
Part 16 | Witnesses, Depositions and Evidence for Foreign Courts
| Section 1 Witnesses and Depositions
Rule 140 | Scope of this Section
Rule 141 | Witness summonses
Rule 142 | Issue of a witness summons
Rule 143 | Time for serving a witness summons
Rule 144 | Who is to serve a witness summons
Rule 145 | Right of witness to travelling expenses and compensation for loss of time
Rule 146 | Evidence by deposition
Rule 147 | Conduct of examination
Rule 148 | Enforcing attendance of witness
Rule 149 | Use of deposition at a hearing
Rule 150 | Where a person to be examined is out of the jurisdiction – letter of request
Rule 151 | Fees and expenses of examiner of the court
| Section 2 Taking of Evidence – Member States of the European Union
Rule 152 | Interpretation
Rule 153 | Where a person to be examined is in another Regulation State
| Practice Direction
Part 17 | Experts
Rule 154 | Duty to restrict expert evidence
Rule 155 | Interpretation
Rule 156 | Experts – overriding duty to the court
Rule 157 | Court's power to restrict expert evidence
Rule 158 | General requirement for expert evidence to be given in a written report
Rule 159 | Written questions to experts
Rule 160 | Court's power to direct that evidence is to be given by a single joint expert
Rule 161 | Instructions to a single joint expert
Rule 162 | Power of court to direct a party to provide information
Rule 163 | Contents of report
Rule 164 | Use by one party of expert's report disclosed by another
Rule 165 | Discussions between experts
Rule 166 | Consequence of failure to disclose expert’s report
Rule 167 | Expert’s right to ask court for directions
| Practice Direction
Part 18 | Change of Solicitor
Rule 168 | Change of solicitor – duty to give notice
Rule 169 | Order that a solicitor has ceased to act
Rule 170 | Removal of solicitor who has ceased to act on application of another party
| Practice Direction
Part 19 | Appeals
Rule 171 | Scope and interpretation
Rule 172 | Parties to comply with the practice direction
Rule 173 | Permission
Rule 174 | Appellant’s notice
Rule 175 | Respondent’s notice
Rule 176 | Variation of time
Rule 177 | Stay
Rule 178 | Amendment of appeal notice
Rule 179 | Striking out appeal notices and setting aside or imposing conditions on permission to appeal
Rule 180 | Appeal court’s powers
Rule 181 | Hearing of appeals
Rule 182 | Assignment of appeals to the Court of Appeal
Rule 183 | Reopening of final appeals
| Practice Direction
Forms Contents |
Forms |
Index |

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