This Practice Direction supplements Section I of Part 64

Contents of this Practice Direction

Title	Number
Contents of the claim form	Para. 2
Proceedings in private	Para. 3
Joining defendants or giving notice to those interested	Para. 4.1
Case management directions	Para. 5.1
Proceeding without a hearing	Para. 6.1
Evidence	Para. 7.1
Consultation with beneficiaries	Para. 7.7

1

This Practice Direction is about applications to the court for directions by trustees in relation to the administration of the trust.

Contents of the claim form

2

If confidentiality of the directions sought is important (for example, where the directions relate to actual or proposed litigation with a third party who could find out what directions the trustees are seeking through access to the claim form under CPR rule 5.4) the statement of the remedy sought, for the purposes of CPR rule 8.2(b), may be expressed in general terms. The trustees must, in that case, state specifically in the evidence what it is that they seek to be allowed to do.

Proceedings in private

3

The proceedings will in the first instance be listed in private (see paragraph 1.5 of Practice Direction 39A and rule 39.2(3)(f)). Accordingly the order made, as well as the other documents among the court records (apart from a claim form which has been served), will not be open to inspection by third parties without the court’s permission (rule 5.4(2)). If the matter is disposed of without a hearing, the order made will be expressed to have been made in private.

Joining defendants or giving notice to those interested

4.1

Rule 64.4(1)(c) deals with the joining of beneficiaries as defendants. Often, especially in the case of a private trust, it will be clear that some, and which, beneficiaries need to be joined as defendants. Sometimes, if there are only two views of the appropriate course, and one is advocated by one beneficiary who will be joined, it may not be necessary for other beneficiaries to be joined since the trustees may be able to present the other arguments. Equally, in the case of pension trust, it may not be necessary for a member of every possible different class of beneficiaries to be joined.

4.2

In some cases the court may be able to assess whether or not to give the directions sought, or what directions to give, without hearing from any party other than the trustees. If the trustees consider that their case is in that category they may apply to the court to issue the claim form without naming any defendants under rule 8.2A. They must apply to the court before the claim form is issued (rule 8.2A(2)) and include a copy of the claim form that they propose to issue (rule 8.2A(3)(b)).

4.3

In other cases the trustees may know that beneficiaries need to be joined as defendants, or to be given notice, but may be in doubt as to which. Examples could include a case concerning a pension scheme with many beneficiaries and a number of different categories of interest, especially if they may be differently affected by the action for which directions are sought, or a private trust with a large class of discretionary beneficiaries. In those cases the trustees may apply to issue the claim form without naming any defendants under rule 8.2A. The application may be combined with an application to the court for directions as to which persons to join as parties or to give notice to under rule 19.8A.

4.4

In the case of a charitable trust the Attorney-General is always the appropriate defendant, and almost always the only one.

Case management directions

5.1

The claim will be referred to the master or district judge once a defendant has acknowledged service, or otherwise on expiry of the period for acknowledgment of service, (or, if no defendant is named, as soon as the claimants’ evidence has been filed) to consider directions for the management of the case. Such directions may be given without a hearing in some cases; these might include directions as to parties or as to notice of proceedings, as mentioned in paragraph 4 above.

Proceeding without a hearing

6.1

(1) The court will dispose of the application without a hearing if it considers that to do so will save time or expense, and that a hearing is not necessary. The trustees must therefore consider whether a hearing is necessary and, if so, explain why in their evidence.

(2) When considering whether to hold a hearing, the court will take into account any dispute between the parties as to directions, but will not necessarily direct a hearing for that reason alone.

(3) If a defendant considers that a hearing is needed, and that the need is not sufficiently explained in the trustees’ evidence, that defendant should so state in evidence, giving reasons why.

6.2

Where the court deals with an application without a hearing, it will in any order give the parties an opportunity, within a stated time, to apply to vary or discharge the order at an oral hearing.

6.3

In charity cases, the master or district judge may deal with the case without a hearing on the basis of a letter by or on behalf of the Attorney-General that sets out his attitude to the application.

Evidence

7.1

The trustees’ evidence should be given by witness statement. In order to ensure that, if directions are given, the trustees are properly protected by the order, they must ensure full disclosure of relevant matters, even if the case is to proceed with the participation of beneficiaries as defendants.

7.2

Applications for directions whether or not to take or defend or pursue litigation should be supported by evidence of the following matters –

(1) the advice of an appropriately qualified lawyer as to the prospects of success;

(2) an estimate in summary form of –

(a) the value or other significance to the trust estate of the issues in the proceedings;

(b) the costs likely to be incurred by the trustees in the proceedings, by reference to the principal stages in the proceedings; and

(c) the costs of other parties to the proceedings for which, if unsuccessful, the trustees may be exposed to liability;

(3) any known facts concerning the means of other parties to the proceedings; and

(4) any other factors relevant to the court’s decision whether to give the directions sought.

7.3

References in this practice direction to an appropriately qualified lawyer mean one whose qualifications and experience are appropriate to the circumstances of the case. The qualifications should be stated. If the advice is given on formal instructions, the instructions should always be put in evidence as well, so that the court can see the basis on which the advice was given. If it is not, the advice must state fully the basis on which it is given.

7.4

All applications for directions should be supported by evidence showing the value of the trust assets, the significance of the proposed litigation or other course of action for the trust, and why the court’s directions are needed.In the case of a pension trust the evidence should include the latest actuarial valuation, and should describe the membership profile and, if a deficit on winding up is likely, the priority provisions and their likely effect.

7.5

On an application for directions about actual or possible litigation the evidence should also state whether (i) the Practice Direction (Pre-Action Conduct) or any relevant Pre-Action Protocol has been complied with; and (ii) the trustees have proposed or undertaken, or intend to propose, mediation by ADR, and (in each case) if not why not.

7.6

If a beneficiary of the trust is a party to the litigation about which directions are sought, with an interest opposed to that of the trustees, that beneficiary should be a defendant to the trustees’ application, but any material which would be privileged as regards that beneficiary in the litigation should be put in evidence as exhibits to the trustees’ witness statement, and should not be served on the beneficiary. However if the trustees’ representatives consider that no harm would be done by the disclosure of all or some part of the material, then that material should be served on that defendant. That defendant may also be excluded from part of the hearing, including that which is devoted to discussion of the material withheld.

Consultation with beneficiaries

7.7

The evidence must explain what, if any, consultation there has been with beneficiaries, and with what result. In preparation for an application for directions in respect of litigation, the following guidance is to be followed:

(1) If the trust is a private trust where the beneficiaries principally concerned are not numerous and are all or mainly adult, identified and traceable, the trustees will be expected to have canvassed with all the adult beneficiaries the proposed or possible courses of action before applying for directions.

(2) If it is a private trust with a larger number of beneficiaries, including those not yet born or identified, or children, it is likely that there will nevertheless be some adult beneficiaries principally concerned, with whom the trustees must consult.

(3) In relation to a charitable trust the trustees must have consulted the Attorney-General, through the Treasury Solicitor, as well as the Charity Commissioners whose consent to the application will have been needed under section 33 of the Charities Act 1993.

(4) In relation to a pension trust, unless the members are very few in number, no particular steps by way of consultation with beneficiaries (including, where relevant, employers) or their representatives are required in preparation for the application, though the trustees’ evidence should describe any consultation that has in fact taken place.

7.8

(1) If the court gives directions allowing the trustees to take, defend or pursue litigation it may do so up to a particular stage in the litigation, requiring the trustees, before they carry on beyond that point, to renew their application to the court. What stage that should be will depend on the likely management of the litigation under the CPR. If the application is to be renewed after disclosure of documents, and disclosed documents need to be shown to the court, it may be necessary to obtain permission to do this from the court in which the other litigation is proceeding.

(2) In such a case the court will if possible deal with the matter without a hearing, and in deciding whether to do so will take into account the advice of an appropriately qualified lawyer supporting the continuation by the trustees of the pursuit or defence (as the case may be) of the proceedings.

7.9

In a case of urgency, such as where a limitation period or period for service of proceedings is about to expire, the court may be able to give directions on a summary consideration of the evidence to cover the steps which need to be taken urgently, but limiting those directions so that the application needs to be renewed on fuller consideration at an early stage.

7.10

In any application for directions where a child is a defendant, the court will expect to have put before it the instructions to and advice of an appropriately qualified lawyer as to the benefits and disadvantages of the proposed, and any other relevant, course of action from the point of view of the child beneficiary.

7.11

A Master may give the directions sought, whether at a hearing or on paper pursuant to paragraph 6. They will ordinarily do so, but may refer the matter to a High Court Judge if they consider it appropriate. District Judges may give the directions sought only with the consent of their Supervising Judge or their nominee (see PD 2B para. 7B.2(c)).

7.12

Where a hearing takes place, if the advice of a lawyer has been put in evidence in accordance with paragraph 7.2 or 7.10, that lawyer should if possible appear on the hearing.

This Practice Direction supplements Part 62

Contents of this Practice Direction

Title	Number
SECTION I
62.3 – Starting the claim	Para. 2.1
62.4 – Arbitration claim form	Para. 3.1
Acknowledgment of service or making representations by arbitrator or ACAS	Para. 4.1
Supply of documents from court records	Para. 5.1
62.7 – Case management	Para. 6.1
Securing the attendance of witnesses	Para. 7.1
Interim remedies	Para. 8.1
Omitted	Para. 9.1
Decisions without a hearing	Para. 10.1
62.9 – Variation of time	Para. 11.1
Applications for permission to appeal	Para. 12.1
SECTION II
62.13 – Starting the claim	Para. 14.1
SECTION III
62.21 – Registration of awards under the Arbitration (International Investment Disputes) Act 1966	Para. 16.1

SECTION I

1.1

This Section of this Practice Direction applies to arbitration claims to which Section I of Part 62 applies.

1.2

In this Section ‘the 1996 Act’ means the Arbitration Act 1996.

1.3

Where a rule provides for a document to be sent, it may be sent –

(1) by first class post;

(2) through a document exchange; or

(3) by fax, electronic mail or other means of electronic communication.

62.3 – Starting the claim

2.1

An arbitration claim under the 1996 Act (other than under section 9) must be started in accordance with the High Court and County Courts (Allocation of Arbitration Proceedings) Order 1996 by the issue of an arbitration claim form.

2.2

An arbitration claim form must be substantially in the form set out in Appendix A to this practice direction.

2.3

Subject to paragraph 2.1, an arbitration claim form –

(1) may be issued at the courts set out in column 1 of the table below and will be entered in the list set out against that court in column 2;

(2) relating to a landlord and tenant or partnership dispute must be issued in the Chancery Division of the High Court.

Court	List
Admiralty and Commercial Registry at the Royal Courts of Justice, London	Commercial list
Technology and Construction Court Registry, St. Dunstan’s House, London	TCC list
District Registry of the High Court (where Circuit Commercial Court established)	Circuit Commercial list
District Registry of the High Court (where arbitration claim form marked ‘Technology and Construction Court’ in top right hand corner)	TCC list

2.3A

An arbitration claim form must, in the case of an appeal, or application for permission to appeal, from a judge-arbitrator, be issued in the Civil Division of the Court of Appeal. The judge hearing the application may adjourn the matter for oral argument before two judges of that court.

62.4 – Arbitration claim form

Service

3.1

The court may exercise its powers under rule 6.15 to permit service of an arbitration claim form at the address of a party’s solicitor or representative acting for that party in the arbitration.

3.2

Where the arbitration claim form is served by the claimant he must file a certificate of service within 7 days of service of the arbitration claim form.

(Rule 6.17 specifies what a certificate of service must show).

Acknowledgment of service or making representations by arbitrator or ACAS

4.1

Where –

(1) an arbitrator; or

(2) ACAS (in a claim under the 1996 Act as applied with modifications by the ACAS Arbitration Scheme (England and Wales) Order 2001)

is sent a copy of an arbitration claim form (including an arbitration claim form sent under rule 62.6(2)), that arbitrator or ACAS (as the case may be) may –

(a) apply to be made a defendant; or

(b) make representations to the court under paragraph 4.3.

4.2

An application under paragraph 4.1(2)(a) to be made a defendant –

(1) must be served on the claimant; but

(2) need not be served on any other party.

4.3

An arbitrator or ACAS may make representations by filing written evidence or in writing to the court.

Supply of documents from court records

5.1

An arbitration claim form may only be inspected with the permission of the court.

62.7 – Case management

6.1

The following directions apply unless the court orders otherwise.

6.2

A defendant who wishes to rely on evidence before the court must file and serve his written evidence –

(1) within 21 days after the date by which he was required to acknowledge service; or,

(2) where a defendant is not required to file an acknowledgement of service, within 21 days after service of the arbitration claim form.

6.3

A claimant who wishes to rely on evidence in reply to written evidence filed under paragraph 6.2 must file and serve his written evidence within 7 days after service of the defendant’s evidence.

6.4

Agreed indexed and paginated bundles of all the evidence and other documents to be used at the hearing must be prepared by the claimant.

6.5

Not later than 5 days before the hearing date estimates for the length of the hearing must be filed together with a complete set of the documents to be used.

6.6

Not later than 2 days before the hearing date the claimant must file and serve –

(1) a chronology of the relevant events cross-referenced to the bundle of documents;

(2) (where necessary) a list of the persons involved; and

(3) a skeleton argument which lists succinctly –

(a) the issues which arise for decision;

(b) the grounds of relief (or opposing relief) to be relied upon;

(c) the submissions of fact to be made with the references to the evidence; and

(d) the submissions of law with references to the relevant authorities.

6.7

Not later than the day before the hearing date the defendant must file and serve a skeleton argument which lists succinctly –

(1) the issues which arise for decision;

(2) the grounds of relief (or opposing relief) to be relied upon;

(3) the submissions of fact to be made with the references to the evidence; and

(4) the submissions of law with references to the relevant authorities.

Securing the attendance of witnesses

7.1

A party to arbitral proceedings being conducted in England or Wales who wishes to rely on section 43 of the 1996 Act to secure the attendance of a witness must apply for a witness summons in accordance with Part 34.

7.2

If the attendance of the witness is required within the district of a district registry, the application may be made at that registry.

7.3

A witness summons will not be issued until the applicant files written evidence showing that the application is made with –

(1) the permission of the tribunal; or

(2) the agreement of the other parties.

Interim remedies

8.1

An application for an interim remedy under section 44 of the 1996 Act must be made in an arbitration claim form.

9.1 Omitted

Decisions without a hearing

10.1

Having regard to the overriding objective the court may decide particular issues without a hearing.

10.2

The court will generally decide whether to extend the time limit under section 70(3) of the 1996 Act without a hearing. Where the court makes an order extending the time limit, the defendant must file his written evidence within 21 days from service of the order.

62.9 – Variation of time

11.1

An application for an order under rule 62.9(1) –

(1) before the period of 28 days has expired, must be made in a Part 23 application notice; and

(2) after the period of 28 days has expired, must be set out in a separately identified part in the arbitration claim form.

Applications for permission to appeal

12.1

Where a party seeks permission to appeal to the court on a question of law arising out of an arbitration award, the arbitration claim form must, in addition to complying with rule 62.4(1) –

(1) identify the question of law;

(2) state the grounds (but not the argument) on which the party challenges the award and contends that permission should be given;

(3) be accompanied by a skeleton argument in support of the application in accordance with paragraph 12.2; and

(4) append the award.

12.2

Subject to paragraph 12.3, the skeleton argument –

(1) must be printed in 12 point font, with 1� line spacing;

(2) should not exceed 15 pages in length; and

(3) must contain an estimate of how long the court is likely to need to deal with the application on the papers.

12.3

If the skeleton argument exceeds 15 pages in length the author must write to the court explaining why that is necessary.

12.4

Written evidence may be filed in support of the application only if it is necessary to show (insofar as that is not apparent from the award itself) –

(1) that the determination of the question raised by the appeal will substantially affect the rights of one or more of the parties;

(2) that the question is one which the tribunal was asked to determine;

(3) that the question is one of general public importance;

(4) that it is just and proper in all the circumstances for the court to determine the question raised by the appeal.

Any such evidence must be filed and served with the arbitration claim form.

12.5

Unless there is a dispute whether the question raised by the appeal is one which the tribunal was asked to determine, no arbitration documents may be put before the court other than –

(1) the award; and

(2) any document (such as the contract or the relevant parts thereof) which is referred to in the award and which the court needs to read to determine a question of law arising out of the award.

In this Practice Direction ‘arbitration documents’ means documents adduced in or produced for the purposes of the arbitration.

12.6

A respondent who wishes to oppose an application for permission to appeal must file a respondent’s notice which –

(1) sets out the grounds (but not the argument) on which the respondent opposes the application; and

(2) states whether the respondent wishes to contend that the award should be upheld for reasons not expressed (or not fully expressed) in the award and, if so, states those reasons (but not the argument).

12.7

The respondent’s notice must be filed and served within 21 days after the date on which the respondent was required to acknowledge service and must be accompanied by a skeleton argument in support which complies with paragraph 12.2 above.

12.8

Written evidence in opposition to the application should be filed only if it complies with the requirements of paragraph 12.4 above. Any such evidence must be filed and served with the respondent’s notice.

12.9

The applicant may file and serve evidence or argument in reply only if it is necessary to do so. Any such evidence or argument must be as brief as possible and must be filed and served within 7 days after service of the respondent’s notice.

12.10

If either party wishes to invite the court to consider arbitration documents other than those specified in paragraph 12.5 above the counsel or solicitor responsible for settling the application documents must write to the court explaining why that is necessary.

12.11

If a party or its representative fails to comply with the requirements of paragraphs 12.1 to 12.9 the court may penalise that party or representative in costs.

12.12

The court will normally determine applications for permission to appeal without an oral hearing but may direct otherwise, particularly with a view to saving time (including court time) or costs.

12.13

Where the court considers that an oral hearing is required, it may give such further directions as are necessary.

12.14

Where the court refuses an application for permission to appeal without an oral hearing, it will provide brief reasons.

12.15

The bundle for the hearing of any appeal should contain only the claim form, the respondent’s notice, the arbitration documents referred to in paragraph 12.5, the order granting permission to appeal and the skeleton arguments.

SECTION II

13.1

This Section of this Practice Direction applies to arbitration claims to which Section II of Part 62 applies.

62.13 – Starting the claim

14.1

An arbitration claim must be started in the Commercial Court and, where required to be heard by a judge, be heard by a judge of that court unless he otherwise directs.

SECTION III

15.1

This Section of this Practice Direction applies to enforcement proceedings to which Section III of Part 62 applies.

62.21 – Registration of awards under the Arbitration (International Investment Disputes) Act 1966

16.1

Awards ordered to be registered under the 1966 Act and particulars will be entered in the Register kept for that purpose at the Admiralty and Commercial Registry.

Arbitration

N8 Claim form (arbitration)

Available on the forms page.

N8A Notes for claimant

Available on the forms page.

N8B Notes for defendant

Available on the forms page.

N15 Acknowledgement of service (arbitration claim)

Available on the forms page.

This Practice Direction supplements CPR Part 31

Contents of this Practice Direction Para 8

Title	Number
General	Para. 1.1
The search	Para. 2
Electronic disclosure	Para. 2A.1
The list	Para. 3.1
Disclosure statement	Para. 4.1
Specific disclosure	Para. 5.1
Claims to withhold disclosure or inspection of a document	Para. 6.1
Inspection of documents mentioned in expert’s report (Rule 31.14(2))	Para. 7.1
False disclosure statement	Para 8
Disclosure statement	ANNEX

General

1.1 In order to give standard disclosure the disclosing party must make a reasonable search for documents falling within the paragraphs of rule 31.6.

1.2 Having made the search the disclosing party must (unless rule 31.10(8) applies) make a list of the documents of whose existence the party is aware that fall within those paragraphs and which are or have been in the party’s control (see rule 31.8).

1.3 The obligations imposed by an order for standard disclosure may be dispensed with or limited either by the court or by written agreement between the parties. Any such written agreement should be lodged with the court.

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The search

2 The extent of the search which must be made will depend upon the circumstances of the case including, in particular, the factors referred to in rule 31.7(2). The parties should bear in mind the overriding principle of proportionality (see rule 1.1(2)(c)). It may, for example, be reasonable to decide not to search for documents coming into existence before some particular date, or to limit the search to documents in some particular place or places, or to documents falling into particular categories.

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Electronic disclosure

2A.1 Rule 31.4 contains a broad definition of a document. This extends to electronic documents, including e-mail and other electronic communications, word processed documents and databases. In addition to documents that are readily accessible from computer systems and other electronic devices and media, the definition covers those documents that are stored on servers and back-up systems and electronic documents that have been‘deleted’. It also extends to additional information stored and associated with electronic documents known as metadata.

2A.2 Practice Direction 31B contains additional provisions in relation to the disclosure of electronic documents in cases that are likely to be allocated to the multi-track.

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The list

3.1 The list should be in Form N265.

3.2 In order to comply with rule 31.10(3) it will normally be necessary to list the documents in date order, to number them consecutively and to give each a concise description (e.g. letter, claimant to defendant). Where there is a large number of documents all falling into a particular category the disclosing party may list those documents as a category rather than individually e.g. 50 bank statements relating to account number _ at _ Bank, _20_ to _20_; or, 35 letters passing between _ and _ between _20_ and _20_.

3.3 The obligations imposed by an order for disclosure will continue until the proceedings come to an end. If, after a list of documents has been prepared and served, the existence of further documents to which the order applies comes to the attention of the disclosing party, the party must prepare and serve a supplemental list.

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Disclosure statement

4.1 A list of documents must (unless rule 31.10(8)(b) applies) contain a disclosure statement complying with rule 31.10. The form of disclosure statement is set out in the Annex to this practice direction.

4.2 The disclosure statement should:

(1) expressly state that the disclosing party believes the extent of the search to have been reasonable in all the circumstances, and

(2) in setting out the extent of the search (see rule 31.10(6)) draw attention to any particular limitations on the extent of the search which were adopted for proportionality reasons and give the reasons why the limitations were adopted, e.g. the difficulty or expense that a search not subject to those limitations would have entailed or the marginal relevance of categories of documents omitted from the search.

4.3 Where rule 31.10(7) applies, the details given in the disclosure statement about the person making the statement must include his name and address and the office or position he holds in the disclosing party or the basis upon which he makes the statement on behalf of the party.

4.4 If the disclosing party has a legal representative acting for him, the legal representative must endeavour to ensure that the person making the disclosure statement (whether the disclosing party or, in a case to which rule 31.10(7) applies, some other person) understands the duty of disclosure under Part 31.

4.5 If the disclosing party wishes to claim that he has a right or duty to withhold a document, or part of a document, in his list of documents from inspection (see rule 31.19(3)), he must state in writing:

(1) that he has such a right or duty, and

(2) the grounds on which he claims that right or duty.

4.6 The statement referred to in paragraph 4.5 above should normally be included in the disclosure statement and must indicate the document, or part of a document, to which the claim relates.

4.7 An insurer or the Motor Insurers’ Bureau may sign a disclosure statement on behalf of a party where the insurer or the Motor Insurers’ Bureau has a financial interest in the result of proceedings brought wholly or partially by or against that party. Rule 31.10(7) and paragraph 4.3 above shall apply to the insurer or the Motor Insurers’ Bureau making such a statement.

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Specific disclosure

5.1 If a party believes that the disclosure of documents given by a disclosing party is inadequate he may make an application for an order for specific disclosure (see rule 31.12).

5.2 The application notice must specify the order that the applicant intends to ask the court to make and must be supported by evidence (see rule 31.12(2) which describes the orders the court may make).

5.3 The grounds on which the order is sought may be set out in the application notice itself but if not there set out must be set out in the evidence filed in support of the application.

5.4 In deciding whether or not to make an order for specific disclosure the court will take into account all the circumstances of the case and, in particular, the overriding objective described in Part 1. But if the court concludes that the party from whom specific disclosure is sought has failed adequately to comply with the obligations imposed by an order for disclosure (whether by failing to make a sufficient search for documents or otherwise) the court will usually make such order as is necessary to ensure that those obligations are properly complied with.

5.5 An order for specific disclosure may in an appropriate case direct a party to –

(1) carry out a search for any documents which it is reasonable to suppose may contain information which may–

(a) enable the party applying for disclosure either to advance his own case or to damage that of the party giving disclosure; or

(b) lead to a train of enquiry which has either of those consequences; and

(2) disclose any documents found as a result of that search.

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Claims to withhold disclosure or inspection of a document

6.1 A claim to withhold inspection of a document, or part of a document, disclosed in a list of documents does not require an application to the court. Where such a claim has been made, a party who wishes to challenge it must apply to the court (see rule 31.19(5)).

6.2 Rule 31.19(1) and (6) provide a procedure enabling a party to apply for an order permitting disclosure of the existence of a document to be withheld.

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Inspection of documents mentioned in expert’s report (Rule 31.14(2))

7.1 If a party wishes to inspect documents referred to in the expert report of another party, before issuing an application he should request inspection of the documents informally, and inspection should be provided by agreement unless the request is unreasonable.

7.2 Where an expert report refers to a large number or volume of documents and it would be burdensome to copy or collate them, the court will only order inspection of such documents if it is satisfied that it is necessary for the just disposal of the proceedings and the party cannot reasonably obtain the documents from another source.

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False disclosure statement

8 Attention is drawn to rule 31.23 which sets out the consequences of making a false disclosure statement without an honest belief in its truth, and to the procedure set out in Part 81— Applications and proceedings in relation to contempt of court..

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ANNEX

Disclosure statement

I, the above named claimant [or defendant] [if party making disclosure is a company, firm or other organisation identify here who the person making the disclosure statement is and why he is the appropriate person to make it] state that I have carried out a reasonable and proportionate search to locate all the documents which I am required to disclose under the order made by the court on                        day of                        . I did not search:

(1) for documents predating ……….,

(2) for documents located elsewhere than ……….,

(3) for documents in categories other than ………..

(4) for electronic documents

I carried out a search for electronic documents contained on or created by the following:

[list what was searched and extent of search]

I did not search for the following:

(1) documents created before……….,

(2) documents contained on or created by the Claimant’s/Defendant’s PCs/portable data storage media/databases/servers/back-up tapes/off-site storage/mobile phones/laptops/notebooks/handheld devices/PDA devices (delete as appropriate),

(3) documents contained on or created by the Claimant’s/Defendant’s mail files/document files/calendar files/spreadsheet files/graphic and presentation files/web-based applications (delete as appropriate),

(4) documents other than by reference to the following keyword(s)/concepts………. (delete if your search was not confined to specific keywords or concepts).

I certify that I understand the duty of disclosure and to the best of my knowledge I have carried out that duty. I certify that the list above is a complete list of all documents which are or have been in my control and which I am obliged under the said order to disclose.

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This Practice Direction supplements CPR Part 30

Contents of this Practice Direction

Title
Value of a case and transfer
Date of transfer
Procedure on transfer
Procedure for an appeal against order of transfer
Applications to set aside
Transfer on the criterion in Rule 30.3(2)(g)
Enterprise Act 2002
Transfer from the High Court or the County Court to the Competition Appeal Tribunal under section 16(4) of the Enterprise Act 2002
Transfer from the Competition Appeal Tribunal to the High Court under section 16(5) of the Enterprise Act 2002
Transfer to or from the Intellectual Property Enterprise Court (Rule 63.18)
Part 1 of the Digital Markets, Competition and Consumers Act 2024
Transfer from the Competition Appeal Tribunal to the High Court under section 101(5) of the 2024 Act
Transfer from the High Court to the Competition Appeal Tribunal under section 101(5) of the 2024 Act

Value of a case and transfer

1  In addition to the criteria set out in Rule 30.3(2) attention is drawn to the financial limits set out in the High Court and County Courts Jurisdiction Order 1991, as amended.

2  Attention is also drawn to paragraph 2 of the Practice Direction 29.

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Date of transfer

3  Where the court orders proceedings to be transferred, the order will take effect from the date it is made by the court.

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Procedure on transfer

4.1  Where an order for transfer has been made the transferring court will immediately send notice of the transfer to the receiving court. The notice will contain:

(1) the name of the case, and

(2) the number of the case.

4.2  At the same time as the transferring court notifies the receiving court it will also notify the parties of the transfer under rule 30.4(1).

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Procedure for an appeal against order of transfer

5.1  Where a District Judge orders proceedings to be transferred within the County Court, any appeal against that order should be made in the receiving court.

5.2  The receiving court may, if it is more convenient for the parties, remit the appeal to the transferring court to be dealt with there.

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Applications to set aside

6.1  Where a party may apply to set aside an order for transfer (e.g. under rule 23.10) the application should be made to the court which made the order.

6.2  Such application should be made in accordance with Part 23 of the Rules and Practice Direction 23A.

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Transfer on the criterion in Rule 30.3(2)(g)

7  A transfer should only be made on the basis of the criterion in rule 30.3(2)(g) where there is a real prospect that a declaration of incompatibility will be made.

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Enterprise Act 2002

8.1  In this paragraph –

(1) ‘the 1998 Act’ means the Competition Act 1998;

(2) ‘the 2002 Act’ means the Enterprise Act 2002; and

(3) ‘the CAT’ means the Competition Appeal Tribunal.

8.2  Rules 30.1, 30.4 and 30.5 and paragraphs 3 and 6 apply.

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Transfer from the High Court or the County Court to the Competition Appeal Tribunal under section 16(4) of the Enterprise Act 2002

8.3  The High Court or the County Court may pursuant to section 16(4) of the 2002 Act, on its own initiative or on application by the claimant or defendant, order the transfer of any part of the proceedings before it, which relates to a claim to which section 47A of the 1998 Act applies, to the CAT.

8.4  When deciding whether to make an order under paragraph 8.3 the court must consider all the circumstances of the case including the wishes of the parties

(1) there is a similar claim under section 47A of the 1998 Act based on the same infringement currently before the CAT;

(2) the CAT has previously made a decision on a similar claim under section 47A of the 1998 Act based on the same infringement; or

(3) the CAT has developed considerable expertise by previously dealing with a significant number of cases arising from the same or similar infringements.

8.5  Where the court orders a transfer under paragraph 8.3 it must immediately –

(1) send to the CAT –

(a) a notice of the transfer containing the name of the case; and

(b) all papers relating to the case; and

(2) notify the parties of the transfer.

8.6  Part 52 applies to an appeal against a transfer order made under paragraph 8.3.

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Transfer from the Competition Appeal Tribunal to the High Court under section 16(5) of the Enterprise Act 2002

8.7  Where the CAT pursuant to section 16(5) of the 2002 Act directs transfer of a claim made in proceedings under section 47A of the 1998 Act to the High Court, the claim should be transferred to the Chancery Division of the High Court at the Royal Courts of Justice.

8.8  As soon as a claim has been transferred under paragraph 8.7, the High Court must –

(1) allocate a case number; and

(2) list the case for a case management hearing before a judge.

8.9  A party to a claim which has been transferred under paragraph 8.7 may apply to transfer it to the Commercial Court if it otherwise falls within the scope of rule 58.2(2), in accordance with the procedure set out in rules 58.4(2) and 30.5(3).

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Transfer from the High Court to the Competition Appeal Tribunal under section 16(1) of the Enterprise Act 2002

8.10 The High Court may make an order under the Section 16 Enterprise Act 2002 Regulations 2015, on its own initiative or on application by the claimant or defendant, transferring any part of the proceedings before it, which relates to an infringement issue (as defined in section 16(6) of the 2002 Act), to the CAT.

8.11 When deciding whether to make an order under the Section 16 Enterprise Act 2002 Regulations 2015, the court must consider all the circumstances of the case including the wishes of the parties.

8.12 Where the court orders a transfer under the Section 16 Enterprise Act 2002 Regulations 2015, it must immediately–

(1) send to the CAT –

(a) a notice of the transfer containing the name of the case; and

(b) all papers relating to the case; and

(2) notify the parties of the transfer.

8.13 Part 52 applies to an appeal against a transfer order made under the Section 16 Enterprise Act 2002 Regulations 2015.

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Transfer to or from the Intellectual Property Enterprise Court (Rule 63.18) 

9.1  When deciding whether to order a transfer of proceedings to or from the Intellectual Property Enterprise Court the court will consider whether –

(1) a party can only afford to bring or defend the claim in the Intellectual Property Enterprise Court; and

(2) the claim is appropriate to be determined by the Intellectual Property Enterprise Court having regard in particular to –

(a) the value of the claim (including the value of an injunction);

(b) the complexity of the issues; and

(c) the estimated length of the trial.

9.2  Where the court orders proceedings to be transferred to or from the Intellectual Property Enterprise Court it may –

(1) specify terms for such a transfer; and

(2) award reduced or no costs where it allows the claimant to withdraw the claim.

Part 1 of the Digital Markets, Competition and Consumers Act 2024

10.1 In this paragraph—

• “the CAT” has the same meaning as in paragraph 8.1(3);
• “the 2024 Act” means the Digital Markets, Competition and Consumers Act 2024; and
• rules 30.1, 30.4 and 30.5 and paragraphs 3 and 6 of this Practice Direction apply.

Transfer from the Competition Appeal Tribunal to the High Court under section 101(5) of the 2024 Act

10.2 Where the CAT pursuant to section 101(5) of the 2024 Act directs transfer of a claim made in proceedings under section 101 of the 2024 Act to the High Court, the claim should be transferred to the Chancery Division of the High Court at the Royal Courts of Justice.

10.3 A party to a claim which has been transferred under paragraph 10.2 may apply to the Commercial Court for transfer into the Commercial List if the claim falls within the scope of rule 58.1(2).

Transfer from the High Court to the Competition Appeal Tribunal under section 101(5) of the 2024 Act

10.4 The court may make an order under section 101(5) of the 2024 Act, on its own initiative or on application by the claimant or defendant, transferring any part of the proceedings before it, which relates to a claim under section 101 of the 2024 Act, to the CAT.

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This practice direction supplements CPR Part 16

Contents of this Practice Direction

Title	Number
General	Para 1
The claim form	Para 2
Particulars of claim	Para. 3
Matters which must be included in the particulars of claim in certain types of claim
Personal injury claims	Para. 4
Fatal accident claims	Para. 5
Hire purchase claims	Para. 6.1
Hire of replacement motor vehicle following a road traffic accident	Para. 6.3
Other matters to be included in particulars of claim	Para 7.1
Matters which must be specifically set out in the particulars of claim	Para. 8
General	Para. 9
Statement of truth	Para. 10.1
Matters which must be included in the defence
Personal injury claims	Para. 11.1
Other matters	Para. 12.1
Competition Act 1998	Para 13
Digital Markets, Competition and Consumers Act 2024 (“the 2024 Act”)	Para 13A.1
Human rights	Para 14

General

1.1 Where special provisions about statements of case apply to particular types of proceedings, Part 16 and this practice direction only apply in so far as consistent with those rules and practice directions.

1.2 Examples of proceedings with special provisions about statements of case include—

(1) media and communications claims (Part 53 and Practice Direction 53B);

(2) claims for possession (Part 55); and

(3) probate claims (Part 57).

1.3 If a statement of case exceptionally exceeds 25 pages (excluding schedules) it must include an appropriate short summary at the start.

The claim form

2.1 The claim form must include an address (including the postcode) at which the claimant lives or carries on business, even if the claimant’s address for service is the business address of their solicitor.

2.2 Where the defendant is an individual, the claimant should (if able to do so) include in the claim form an address (including the postcode) at which the defendant lives or carries on business, even if the defendant’s solicitors have agreed to accept service on the defendant’s behalf.

2.3 If the claim form does not include a full address, including postcode, for all parties the claim form will be issued but retained by the court and not served until the claimant has supplied a full address, including postcode, or the court has dispensed with the requirement to do so. The court will notify the claimant.

2.4 The claim form must be headed with the title of the proceedings, including the full name of each party, where it is known –

(1) for an individual, the full name and title by which the person is known;

(2) for an individual carrying on business other than in their own name, the full name of the individual, the title by which they are known, and the full trading name (for example, Jane Smith ‘trading as’ or ‘T/as’ ‘JS Autos’);

(3) for a partnership (other than a limited liability partnership (LLP))—

(a) where partners are sued in the name of the partnership, the full name by which the partnership is known, together with the words “(a Firm)”; or

(b) where partners are sued as individuals, the full name of each partner and the title by which each is known;

(4) for a company or limited liability partnership registered in England and Wales, the full registered name, including suffix (plc, Limited, LLP, etc), if any;

(5) for any other company or corporation, the full name by which it is known, including suffix where appropriate.

(For information about how and where a claim may be started see Part 7 and Practice Direction 7A.)

Particulars of claim

3.1 If practicable, the particulars of claim should be set out in the claim form.  If not, they may be served with the claim form or later, within the periods specified in rule 7.4 and 7.5.

3.2 Particulars of claim which are not included in the claim form must be verified by a statement of truth, in the form specified in paragraph 2.1 of Practice Direction 22.

3.3 Particulars of claim served separately from the claim form must also contain –

(1) the name of the court in which the claim is proceeding;

(2) the claim number;

(3) the title of the proceedings; and

(4) the claimant’s address for service.

Matters which must be included in the particulars of claim in certain types of claim

Personal injury claims

4.1 The particulars of claim must contain –

(1) the claimant’s date of birth; and

(2) brief details of the claimant’s personal injuries.

4.2 The claimant must attach to his particulars of claim a schedule of details of any past and future expenses and losses which he claims.

4.3 Where the claimant is relying on evidence from a medical practitioner, the claimant must attach a report from the medical practitioner about the claimant’s personal injuries.

4.3A

(1) In a soft tissue injury claim, the claimant may not proceed unless the medical report is a fixed cost medical report. Where the claimant files more than one medical report, the first report obtained must be a fixed cost medical report from an accredited medical expert selected via the MedCo Portal (website at: www.medco.org.uk) and any further report from an expert in any of the following disciplines must also be a fixed cost medical report –

(a) Consultant Orthopaedic Surgeon;

(b) Consultant in Accident and Emergency Medicine;

(c) General Practitioner registered with the General Medical Council;

(d) Physiotherapist registered with the Health and Care Professions Council.

(1A) The cost of obtaining a further report from an expert not listed in paragraph (1)(a) to (d) is not subject to rule 45.62(2)(b), but the use of that expert and the cost must be justified.

(2) In this paragraph, ‘accredited medical expert’, ‘fixed costs medical report’, ‘MedCo’ and ‘soft tissue injury claim’ have the same meaning as in paragraph 1.1(A1), (10A), (12A), and (16A), respectively, of the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents.

4.3B

(1) In a claim for a whiplash injury, whether or not it is part of a claim for other injuries—

(a) the claimant may not proceed in respect of the claim for the whiplash injury unless the medical report is a fixed cost medical report;

(b) where the claimant files more than one medical report, the first report obtained in respect of the whiplash injury must be a fixed cost medical report from an accredited medical expert selected via the MedCo Portal;

(c) where the claimant lives outside England and Wales, but chooses to be examined for the purposes of a medical report in England or Wales, paragraphs (a) and (b) apply; and

(d) any further report in respect of the claim for the whiplash injury only must also be a fixed cost medical report from an expert in any of the following disciplines—

(i) Consultant Orthopaedic Surgeon;

(ii) Consultant in Accident and Emergency Medicine;

(iii) General Practitioner registered with the General Medical Council;

(iv) Physiotherapist registered with the Health and Care Professions Council.

(2) Where the claimant obtains a medical report in respect of a more serious injury suffered on the same occasion as the whiplash injury, the claimant may use that report instead of a fixed costs medical report under paragraph (1) provided that—

(a) the report is from a doctor who is listed on the General Medical Council’s Specialist Register; and

(b) the report provides evidence of the whiplash injury.

(3) Unless paragraph (1)(c) applies, in any other case where the claimant lives outside England and Wales, the medical report in respect of the claim for the whiplash injury (or, if there is more than one report, the first report) must be from a person who is recognised by the country in which they practise as—

(i) being a medical expert; and

(ii) having the required qualifications for the purposes of diagnosis and prognosis of a whiplash injury.

(4)The cost of obtaining a further report from an expert not listed in paragraph (4)(a) to (d) is not subject to rule 45.62(2)(b), but the use of that expert and the cost must be justified.

(5) In this paragraph, ‘fixed cost medical report’, ‘accredited medical expert’, ‘MedCo, and ‘whiplash injury’ have the same meaning as in paragraph 1.2(1), (17), (19) and (38), respectively, of the Pre-Action Protocol for Personal Injury Claims Below the Small Claims Limit in Road Traffic Accidents.

4.4 In a provisional damages claim the claimant must state in the particulars of claim –

(1) that they are seeking an award of provisional damages under either section 32A of the Senior Courts Act 1981 or section 51 of the County Courts Act 1984;

(2) that there is a chance that at some future time the claimant will develop some serious disease or suffer some serious deterioration in their physical or mental condition; and

(3) specify the disease or type of deterioration in respect of which an application may be made at a future date.

(Part 41 and Practice Direction 41A contain information about awards for provisional damages.)

Fatal accident claims

5.1 In a fatal accident claim the claimant must state in the particulars of claim –

(1) that it is brought under the Fatal Accidents Act 1976;

(2) the dependants on whose behalf the claim is made;

(3) the date of birth of each dependant; and

(4) details of the nature of the dependency claim.

5.2 A fatal accident claim may include a claim for damages for bereavement.

5.3 In a fatal accident claim the claimant may also bring a claim under the Law Reform (Miscellaneous Provisions) Act 1934 on behalf of the estate of the deceased person.

(For information on apportionment under the Law Reform (Miscellaneous Provisions) Act 1934 and the Fatal Accidents Act 1976 or between dependants see Part 37 and Practice Direction 37.)

Hire purchase claims

6.1 Where the claim is for the delivery of goods let under a hire-purchase agreement or conditional sale agreement to a person other than a company or other corporation, the claimant must state in the particulars of claim –

(1) the date of the agreement;

(2) the parties to the agreement;

(3) the number or other identification of the agreement;

(4) where the claimant was not one of the original parties to the agreement, the means by which the rights and duties of the creditor passed to the claimant;

(5) whether the agreement is a regulated agreement, and if it is not a regulated agreement, the reason why;

(6) the place where the agreement was signed by the defendant;

(7) the goods claimed;

(8) the total price of the goods;

(9) the paid-up sum;

(10) the unpaid balance of the total price;

(11) whether a default notice or a notice under section 76(1) or 98(1) of the Consumer Credit Act 1974 has been served on the defendant, and if it has, the date and method of service;

(12) the date when the right to demand delivery of the goods accrued;

(13) the amount (if any) claimed as an alternative to the delivery of goods; and

(14) the amount (if any) claimed in addition to—

(a) the delivery of the goods; or

(b) any claim under (13) above

with the grounds of each claim.

(If the agreement is a regulated agreement the procedure set out in Practice Direction 49C should be used.)

6.2 Where the claim is not for the delivery of goods, the claimant must state in the particulars of claim—

(1) the matters set out in paragraph 6.1(1) to (6) above;

(2) the goods let under the agreement;

(3) the amount of the total price;

(4) the paid-up sum;

(5) the amount (if any) claimed as being due and unpaid in respect of any instalment or instalments of the total price; and

(6) the nature and amount of any other claim and how it arises.

Hire of replacement motor vehicle following a road traffic accident

6.3 Where the claim includes the cost of hire of a replacement motor vehicle following a road traffic accident, the claimant must state in the particulars of claim—

(1) the need for the replacement vehicle at the relevant time;

(2) the period of hire claimed (providing the start and end of the period);

(3) the rate of hire claimed;

(4) the reasonableness of the period and rate of hire; and

(5) if the claim relates to credit hire, whether the claimant could afford to pay in advance to hire a replacement car, and, if not, why not (“impecuniosity”).

6.4 In paragraph 6.3—

(1) “relevant time” means at the start of the hire and throughout the period of hire;

(2) the obligation to state the matters in paragraph (3) includes an obligation to state relevant facts.

Other matters to be included in particulars of claim

7.1 Where a claim is made for an injunction or declaration relating to any land or the possession, occupation, use or enjoyment of any land the particulars of claim must –

(1) state whether or not the injunction or declaration relates to residential premises, and

(2) identify the land (using a plan where necessary).

7.2 Where a claim is brought to enforce a right to recover possession of goods the particulars of claim must contain a statement showing the value of the goods.

7.3 Where a claim is based upon a written agreement –

(1) a copy (or copies) of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing, and

(2) any general conditions of sale incorporated in the contract should also be attached (but where the documents are bulky it is acceptable to attach or serve only the relevant parts of the contract or documents).

7.4 Where a claim is based upon an oral agreement, the particulars of claim should set out the contractual words used and state by whom, to whom, when and where they were spoken.

7.5 Where a claim is based upon an agreement by conduct, the particulars of claim must specify the conduct relied on and state by whom, when and where the acts constituting the conduct were done.

7.6 In a claim issued in the High Court relating to a Consumer Credit Agreement, the particulars of claim must contain a statement that the action is not one to which section 141 of the Consumer Credit Act 1974 applies.

Matters which must be specifically set out in the particulars of claim

8.1 A claimant who wishes to rely on evidence –

(1) under section 11 of the Civil Evidence Act 1968 of a conviction of an offence, or

(2) under section 12 of the above-mentioned Act of a finding or adjudication of adultery or paternity, must include in the particulars of claim a statement to that effect and give the following details –

(a) the type of conviction, finding or adjudication and its date;

(b) the court or Court-Martial which made the conviction, finding or adjudication; and

(c) the issue in the claim to which it relates.

8.2 The claimant must specifically set out the following matters in the particulars of claim where they wish to rely on them in support of the claim –

(1) any allegation of fraud;

(2) the fact of any illegality;

(3) details of any misrepresentation;

(4) details of all breaches of trust;

(5) notice or knowledge of a fact;

(6) details of unsoundness of mind or undue influence;

(7) details of wilful default; and

(8) any facts relating to a claim for mitigation expenditure.

General

9.1 Where a claim is for a sum of money expressed in a foreign currency it must state –

(1) that the claim is for payment in a specified foreign currency,

(2) why it is for payment in that currency,

(3) the Sterling equivalent of the sum at the date of the claim, and

(4) the source of the exchange rate relied on to calculate the Sterling equivalent.

9.2 A subsequent statement of case must not contradict or be inconsistent with an earlier one; for example a reply to a defence must not bring in a new claim. Where new matters have come to light a party may seek the court’s permission to amend their statement of case.

9.3 In clinical negligence claims, the words “clinical negligence” should be inserted at the top of every statement of case.

Statement of truth

10.1 The defence must be verified by a statement of truth in the form specified in paragraph 2.1 of Practice Direction 22.

Matters which must be included in the defence

Personal injury claims

11.1 Where the claim is for personal injuries and the claimant has attached a medical report in respect of the alleged injuries, the defendant should –

(1) state in the defence whether the defendant—

(a) agrees;

(b) disputes; or

(c) neither agrees nor disputes but has no knowledge of,

the matters contained in the medical report;

(2) where the defendant disputes any part of the medical report, give in the defence their reasons for doing so; and

(3) where the defendant has obtained their own medical report, attach it to the defence.

11.2 Where the claim is for personal injuries and the claimant has included a schedule of past and future expenses and losses, the defendant should include in or attach to the defence a counter-schedule stating –

(1) which of those items the defendant—

(a) agrees;

(b) disputes; or

(c) neither agrees nor disputes but has no knowledge of; and

(2) where any items are disputed, supplying alternative figures where appropriate.

11.3 The defendant must give details of the expiry of any relevant limitation period relied on.

Other matters

12.1 Rule 37.3 and paragraph 2 of Practice Direction 37 contains information about a defence of tender.

12.2 A party may in a statement of case –

(1) refer to any point of law;

(2) give the name of any witness they propose to call,

and may attach to it a copy of any document necessary to their case (including any expert’s report under Part 35).

Competition Act 1998

13 A party who relies on a finding of the Competition and Markets Authority must include in the statement of case a statement to that effect and identify the finding.

Digital Markets, Competition and Consumers Act 2024 (“the 2024 Act”)

13A.1

A party who relies on a CMA breach decision (which has the same meaning as in section 102(5) of the Digital Markets, Competition and Consumers Act 2024), must state that in their statement of case, and must—

• identify the CMA breach decision; and

indicate whether the CMA breach decision is final (in accordance with section 102(2) of the 2024 Act)

Human Rights

14.1 A party who relies on any provision of or right arising under the Human Rights Act 1998 or seeks a remedy under that Act must state that fact in their statement of case, and must—

(a) give details of the Convention right infringed and details of the infringement;

(b) specify the relief sought;

(c) state if the relief sought includes—

(i) a declaration of incompatibility under section 4 if that Act, or

(ii) damages in respect of a judicial act to which section 9(3) of that Act applies;

(d) where the relief sought includes a declaration of incompatibility, give details of the legislative provision and the alleged incompatibility;

(e) where the claim is founded on a finding of unlawfulness by another court or tribunal, give details of the finding; and

(f) where the claim is founded on a judicial act alleged to have infringed a Convention right of the party as provided by section 9 of the Human Rights Act 1998, the judicial act complained of and the court or tribunal that made it.

(Practice Direction 19A provides for notice to be given and parties joined in the circumstances referred to in (c), (d) and (f).)

14.2 A party seeking to amend a statement of case to include the matters referred to in paragraph 14.1 must, unless the court orders otherwise, do so as soon as possible.

(Part 17 provides for the amendment of a statement of case.)

This Practice Direction supplements Section IV of CPR Part 6

Contents of this Practice Direction

Title	Number
Scope of this Practice Direction	Para. 1.1
Service out of the jurisdiction where permission of the court is not required	Para. 2.1
Service out of the jurisdiction where permission is required	Para. 3.1
Documents to be filed under rule 6.43(2)(c)	Para. 4.1
Service in a Commonwealth State or British overseas territory	Para. 5.1
Period for responding to a claim form	Para. 6.1
Period for responding to an application notice	Para. 7.1

Scope of this Practice Direction

1.1 This Practice Direction supplements Section IV (service of the claim form and other documents out of the jurisdiction) of Part 6.

(Practice Direction 6A contains relevant provisions supplementing rule 6.40 in relation to the method of service on a party in Scotland or Northern Ireland.)

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Service out of the jurisdiction where permission of the court is not required

2.1 Where rule 6.34 applies, the claimant must file practice form N510 when filing the claim form.

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Service out of the jurisdiction where permission is required

3.1 The claimant may serve a claim form out of the jurisdiction with the permission of the court under rule 6.36 where –

General Grounds

(1) A claim is made for a remedy against a person domiciled within the jurisdiction within the meaning of sections 41 and 42 of the Civil Jurisdiction and Judgments Act 1982.

(1A) A claim is made against a person in respect of a dispute arising out of the operations of a branch, agency or other establishment of that person within the jurisdiction, but only if proceedings cannot be served on the branch, agency or establishment.

(2) A claim is made for an injunction(GL) ordering the defendant to do or refrain from doing an act within the jurisdiction.

(3) A claim is made against a person (‘the defendant’) on whom the claim form has been or will be served (otherwise than in reliance on this paragraph) and –

(a) there is between the claimant and the defendant a real issue which it is reasonable for the court to try; and

(b) the claimant wishes to serve the claim form on another person who is a necessary or proper party to that claim.

(4) A claim is an additional claim under Part 20 and the person to be served is a necessary or proper party to the claim or additional claim.

(4A) A claim is made against the defendant which—

(a) was served  on the defendant within the jurisdiction without the need for the defendant’s agreement to accept such service;

(b) falls within CPR rule 6.33; or

(c) falls within one or more of paragraphs (1A), (2), (6) to (16A) or (19) to (23),and a further claim is made against the same defendant which arises out of the same or closely connected facts.

Claims for interim remedies

(5) A claim is made for an interim remedy under section 25(1) of the Civil Jurisdiction and Judgments Act 1982.

Claims in relation to contracts

(6) A claim is made in respect of a contract where the contract –

(a) was (i) made within the jurisdiction or (ii) concluded by the acceptance of an offer, which offer was received within the jurisdiction;

(b) was made by or through an agent trading or residing within the jurisdiction or

(c) is governed by the law of England and Wales.

(7) A claim is made in respect of a breach of contract committed, or likely to be committed within the jurisdiction.

(8) A claim is made for a declaration that no contract exists where, if the contract was found to exist, it would comply with the conditions set out in paragraph (6).

(8A)A claim for unlawfully causing or assisting in:

(a) a breach of a contract where the contract falls within one of paragraphs (6)(a) to (6)(c) above or within Rule 6.33(2B); or

(b) a breach of contract falling within paragraph (7) above.

Claims in tort

(9) A claim is made in tort where –

(a) damage was sustained, or will be sustained, within the jurisdiction;

(b) damage which has been or will be sustained results from an act committed, or likely to be committed, within the jurisdiction; or

(c) the claim is governed by the law of England and Wales.

Enforcement

(10) A claim is made to enforce any judgment or arbitral award.

Claims about property within the jurisdiction

(11) The subject matter of the claim relates wholly or principally to property within the jurisdiction, provided that nothing under this paragraph shall render justiciable the title to or the right to possession of immovable property outside England and Wales.

Claims about trusts etc.

(12) A claim is made in respect of a trust which is created by the operation of a statute, or by a written instrument, or created orally and evidenced in writing, and which is governed by the law of England and Wales.

(12A) A claim is made in respect of a trust which is created by the operation of a statute, or by a written instrument, or created orally and evidenced in writing, and which provides that jurisdiction in respect of such a claim shall be conferred upon the courts of England and Wales.

(12B)A claim is made in respect of a trust which is created by the operation of a statute, or by a written instrument, or created orally and evidenced in writing, and which expressly or impliedly designates England and Wales as the principal place of administration.

(12C)  A claim is made in respect of a trust created in the jurisdiction.

(12D)  A claim is made for a declaration that no trust has arisen where, if the trust was found to have arisen, it would comply with one of the conditions set out in paragraph (12), (12A), (12B) or (12C).

(12E)A claim is made for a breach of trust where the breach is committed or likely to be within the jurisdiction.

(13) A claim is made for any remedy which might be obtained in proceedings for the administration of the estate of a person who died domiciled within the jurisdiction or whose estate includes assets within the jurisdiction.

(14) A probate claim or a claim for the rectification of a will.

(15) A claim is made against the defendant as constructive trustee, or as trustee of a resulting trust, where the claim—

(a)  arises out of acts committed or events occurring within the jurisdiction;

(b) relates to assets within the jurisdiction; or

(c) is governed by the law of England and Wales.

(15A)A claim for unlawfully causing or assisting in—

(a) a breach of a trust where the trust falls within one of paragraphs (12) to (12C) above;

(b) a breach of trust falling within paragraph (12E) above; or

(c) a breach of a constructive or resulting trust where the trustee’s liability would fall within paragraph (15) above.

(15B)A claim is made for breach of fiduciary duty, where—

(a)the breach is committed, or likely to be committed, within the jurisdiction;

(b)  the fiduciary duty arose in the jurisdiction; or

(c)  the fiduciary duty is governed by the law of England and Wales.

(15C)A claim for unlawfully causing or assisting in—

(a) a breach of fiduciary duty where the fiduciary duty falls within one of paragraph (15B)(b) or (c) above;

(b) a breach of fiduciary duty falling within paragraph (15A)(a) above.

(15D)  A claim is made for a declaration that no fiduciary duty has arisen where, if the fiduciary duty was found to have arisen, it would comply with  one of the conditions set out in paragraph (15B)(b) or (c).

(16) A claim is made for restitution where –

(a) the defendant’s alleged liability arises out of acts committed within the jurisdiction; or

(b) the enrichment is obtained within the jurisdiction; or

(c) the claim is governed by the law of England and Wales.

Declarations of non-liability

(16A) A claim is made for a declaration that the claimant is not liable where, if a claim were brought against the  claimant seeking to establish that liability, that claim would fall within another paragraph of this Practice Direction (excluding paragraphs (1) to (5), (8), (12D), (15D), (17), (22) and (24) to (25)).

Claims by HM Revenue and Customs

(17) A claim is made by the Commissioners for H.M. Revenue and Customs relating to duties or taxes against a defendant not domiciled in Scotland or Northern Ireland within the meaning of sections 41 and 42 of the Civil Jurisdiction and Judgments Act 1982.

Claim for costs order in favour of or against third parties

(18) A claim is made by a party to proceedings for an order that the court exercise its power under section 51 of the Senior Courts Act 1981 to make a costs order in favour of or against a person who is not a party to those proceedings.

(Rule 46.2 sets out the procedure where the court is considering whether to exercise its discretion to make a costs order in favour of or against a non-party.)

Admiralty claims

(19) A claim is –

(a) in the nature of salvage and any part of the services took place within the jurisdiction; or

(b) to enforce a claim under section 153, 154,175 or 176A of the Merchant Shipping Act 1995.

Claims under various enactments

(20) A claim is made –

(a) under an enactment which allows proceedings to be brought and those proceedings are not covered by any of the other grounds referred to in this paragraph.

Claims for breach of confidence or misuse of private information

(21) A claim is made for breach of confidence or misuse of private information where –

(a) detriment was suffered, or will be suffered, within the jurisdiction; or

(b) detriment which has been, or will be, suffered results from an act committed, or likely to be committed, within the jurisdiction;

(c) the obligation of confidence or right to privacy arose in the jurisdiction; or

(d) the obligation of confidence or right of privacy is governed by the law of England and Wales.

(22) A claim is made for a declaration that no duty of confidentiality or right to privacy has arisen where, if the duty or right was found to have arisen, it would comply with one of the conditions set out in paragraph (21)(c) or (d).

(23) A claim is made for unlawfully causing or assisting in—

(a) a breach of confidence or misuse of private information where the obligation or right in question falls within paragraph (21)(c) or (d) above; or

(b) a breach of confidence or misuse of private information falling within paragraph (21)(a) or (b) above”.

Contempt applications

(24) A contempt application is made, whether or not, apart from this paragraph, a claim form or application notice containing such an application can be served out of the jurisdiction.

Information orders against non-parties

(25) A claim or application is made for disclosure in order to obtain information—

(a) regarding:

(i) the true identity of a defendant or a potential defendant; and/or

(ii) what has become of the property of a claimant or applicant; and

(b) the claim or application is made for the purpose of proceedings already commenced or which, subject to the content of the information received, are intended to be commenced either by service in England and Wales or pursuant  to CPR rule 6.32, 6.33 or 6.36

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Documents to be filed under rule 6.43(2)(c)

4.1 A party must provide the following documents for each party to be served out of the jurisdiction –

(1) a copy of the particulars of claim if not already contained in or served with the claim form and any other relevant documents;

(2) a duplicate of the claim form, a duplicate of the particulars of claim (if not already contained in or served with the claim form), copies of any documents accompanying the claim form and copies of any other relevant documents;

(3) forms for responding to the claim; and

(4) any translation required under rule 6.45 in duplicate.

4.2 Some countries require legalisation of the document to be served and some require a formal letter of request which must be signed by the Senior Master. Any queries on this should be addressed to the Foreign Process Section at the Royal Courts of Justice.

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Service in a Commonwealth State or British overseas territory

5.1  The judicial authorities of certain Commonwealth States which are not a party to the Hague Convention require service to be in accordance with rule 6.42(1)(b)(i) and not 6.42(3). A list of such countries can be obtained from the Foreign Process Section (Room E02) at the Royal Courts of Justice.

5.2 The list of British overseas territories is contained in Schedule 6 to the British Nationality Act 1981. For ease of reference, these are –

(a) Anguilla;

(b) Bermuda;

(c) British Antarctic Territory;

(d) British Indian Ocean Territory;

(e) British Virgin Islands;

(f) Cayman Islands;

(g) Falkland Islands;

(h) Gibraltar;

(i) Montserrat;

(j) Pitcairn, Henderson, Ducie and Oeno;

(k) St. Helena and Dependencies;

(l) South Georgia and the South Sandwich Islands;

(m) Sovereign Base Areas of Akrotiri and Dhekelia; and

(n) Turks and Caicos Islands.

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Period for responding to a claim form

6.1 Where rule 6.35(5) applies, the periods within which the defendant must –

(1) file an acknowledgment of service;

(2) file or serve an admission; or

(3) file a defence,

will be calculated in accordance with paragraph 6.3, 6.4 or 6.5.

6.2 Where the court grants permission to serve a claim form out of the jurisdiction the court will determine in accordance with paragraph 6.3, 6.4 or 6.5 the periods within which the defendant must –

(1) file an acknowledgment of service;

(2) file or serve an admission; or

(3) file a defence.

(Rule 6.37(5)(a) provides that when giving permission to serve a claim form out of the jurisdiction the court will specify the period within which the defendant may respond to the claim form.)

6.3 The period for filing an acknowledgment of service under Part 10 or for filing or serving an admission under Part 14 is the number of days listed in the Table after service of the particulars of claim.

6.4 The period for filing a defence under Part 15 is –

(1) the number of days listed in the Table after service of the particulars of claim; or

(2) where the defendant has filed an acknowledgment of service, the number of days listed in the Table plus an additional 14 days after the service of the particulars of claim.

6.5 Under the State Immunity Act 1978, where a State is served, the period permitted under paragraphs 6.3 and 6.4 for filing an acknowledgment of service or defence or for filing or serving an admission does not begin to run until 2 months after the date on which the State is served.

6.6 Where particulars of claim are served out of the jurisdiction any statement as to the period for responding to the claim contained in any of the forms required by rule 7.8 to accompany the particulars of claim must specify the period prescribed under rule 6.35 or by the order permitting service out of the jurisdiction under rule 6.37(5).

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Period for responding to an application notice

7.1 Where an application notice is served out of the jurisdiction, the period for responding is 7 days less than the number of days listed in the Table.

Further information

7.2 Further information concerning service out of the jurisdiction can be obtained from the Foreign Process Section, Room E02, Royal Courts of Justice, Strand, London WC2A 2LL (telephone 020 7947 6691).

TABLE

Place or country	number of days
Afghanistan	23
Albania	25
Algeria	22
Andorra	21
Angola	22
Anguilla	31
Antigua and Barbuda	23
Antilles (Netherlands)	31
Argentina	22
Armenia	21
Ascension Island	31
Australia	25
Austria	21
Azerbaijan	22
Azores	23
Bahamas	22
Bahrain	22
Balearic Islands	21
Bangladesh	23
Barbados	23
Belarus	21
Belgium	21
Belize	23
Benin	25
Bermuda	31
Bhutan	28
Bolivia	23
Bosnia and Herzegovina	21
Botswana	23
Brazil	22
British Virgin Islands	31
Brunei	25
Bulgaria	23
Burkina Faso	23
Burma	23
Burundi	22
Cambodia	28
Cameroon	22
Canada	22
Canary Islands	22
Cape Verde	25
Caroline Islands	31
Cayman Islands	31
Central African Republic	25
Chad	25
Chile	22
China	24
China (Hong Kong)	31
China (Macau)	31
China (Taiwan)	23
China (Tibet)	34
Christmas Island	27
Cocos (Keeling) Islands	41
Colombia	22
Comoros	23
Congo (formerly Congo Brazzaville or French Congo)	25
Congo (Democratic Republic)	25
Corsica	21
Costa Rica	23
Croatia	21
Cuba	24
Cyprus	31
Czech Republic	21
Denmark	21
Djibouti	22
Dominica	23
Dominican Republic	23
East Timor	25
Ecuador	22
Egypt	22
El Salvador	25
Equatorial Guinea	23
Eritrea	22
Estonia	21
Ethiopia	22
Falkland Islands and Dependencies	31
Faroe Islands	31
Fiji	23
Finland	24
France	21
French Guyana	31
French Polynesia	31
French West Indies	31
Gabon	25
Gambia	22
Georgia	21
Germany	21
Ghana	22
Gibraltar	31
Greece	21
Greenland	31
Grenada	24
Guatemala	24
Guernsey	21
Guinea	22
Guinea-Bissau	22
Guyana	22
Haiti	23
Holland (Netherlands)	21
Honduras	24
Hungary	22
Iceland	22
India	23
Indonesia	22
Iran	22
Iraq	22
Ireland (Republic of)	21
Ireland (Northern)	21
Isle of Man	21
Israel	22
Italy	21
Ivory Coast	22
Jamaica	22
Japan	23
Jersey	21
Jordan	23
Kazakhstan	21
Kenya	22
Kiribati	23
Korea (North)	28
Korea (South)	24
Kosovo	21
Kuwait	22
Kyrgyzstan	21
Laos	30
Latvia	21
Lebanon	22
Lesotho	23
Liberia	22
Libya	21
Liechtenstein	21
Lithuania	21
Luxembourg	21
Macedonia	21
Madagascar	23
Madeira	31
Malawi	23
Malaysia	24
Maldives	26
Mali	25
Malta	21
Mariana Islands	26
Marshall Islands	32
Mauritania	23
Mauritius	22
Mexico	23
Micronesia	23
Moldova	21
Monaco	21
Mongolia	24
Montenegro	21
Montserrat	31
Morocco	22
Mozambique	23
Namibia	23
Nauru	36
Nepal	23
Netherlands	21
Nevis	24
New Caledonia	31
New Zealand	26
New Zealand Island Territories	50
Nicaragua	24
Niger (Republic of)	25
Nigeria	22
Norfolk Island	31
Norway	21
Oman (Sultanate of)	22
Pakistan	23
Palau	23
Panama	26
Papua New Guinea	26
Paraguay	22
Peru	22
Philippines	23
Pitcairn, Henderson, Ducie and Oeno Islands	31
Poland	21
Portugal	21
Portuguese Timor	31
Puerto Rico	23
Qatar	23
Reunion	31
Romania	22
Russia	21
Rwanda	23
Sabah	23
St. Helena	31
St. Kitts and Nevis	24
St. Lucia	24
St. Pierre and Miquelon	31
St. Vincent and the Grenadines	24
Samoa (U.S.A. Territory) (See also Western Samoa)	30
San Marino	21
Sao Tome and Principe	25
Sarawak	28
Saudi Arabia	24
Scotland	21
Senegal	22
Serbia	21
Seychelles	22
Sierra Leone	22
Singapore	22
Slovakia	21
Slovenia	21
Society Islands (French Polynesia)	31
Solomon Islands	29
Somalia	22
South Africa	22
South Georgia (Falkland Island Dependencies)	31
South Orkneys	21
South Shetlands	21
Spain	21
Spanish Territories of North Africa	31
Sri Lanka	23
Sudan	22
Surinam	22
Swaziland	22
Sweden	21
Switzerland	21
Syria	23
Tajikistan	21
Tanzania	22
Thailand	23
Togo	22
Tonga	30
Trinidad and Tobago	23
Tristan Da Cunha	31
Tunisia	22
Turkey	21
Turkmenistan	21
Turks & Caicos Islands	31
Tuvalu	23
Uganda	22
Ukraine	21
United Arab Emirates	22
United States of America	22
Uruguay	22
Uzbekistan	21
Vanuatu	29
Vatican City State	21
Venezuela	22
Vietnam	28
Virgin Islands – U.S.A	24
Wake Island	25
Western Samoa	34
Yemen (Republic of)	30
Zaire	25
Zambia	23
Zimbabwe	22

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Parts:

• 1-10
• 11-20
• 21-30
• 31-40
• 41-50
• 51-60
• 61-70
• 71-80
• 81-89
• Other PDs

Parts 1-10

Web Version
Notes on Practice Directions
Part 1 – Overriding Objective
Practice Direction 1A: participation of vulnerable parties or witnesses
Part 2 – Application and Interpretation of the Rules
Practice Direction 2A – Court Offices
Practice Direction 2B – Allocation of Cases to Levels of Judiciary
Practice Direction 2C – Starting proceedings in the County Court
Omitted
Practice Direction 2E – Jurisdiction of the county court that maybe be exercised by a legal adviser
Practice Direction 2F – Court Sittings
Part 3 – The Court’s Case Management Powers
Practice Direction 3A – Striking Out a Statement of Case
Practice Direction 3B – Sanctions for Non-Payment of Fees
Practice Direction 3C – Civil Restraint Orders
Practice Direction 3D – Costs Management
Practice Direction 3E – Costs Capping
Practice Direction 3F – Requests for the Appointment of an Advocate to the Court
Part 4 – Forms
Omitted
Part 5 – Court Documents
Practice Direction 5A – Court Documents
Practice Direction 5B – Communication and Filing of Documents by e-mail
PRACTICE DIRECTION 5C – CE-File electronic filing and case management system (comes into force 1 October 2025)
Part 6 – Service of Documents
Practice Direction 6A – Service within the United Kingdom
Practice Direction 6B – Service out of the Jurisdiction
Part 7 – How to start Proceedings – The Claim Form
Practice Direction 7A – How to Start Proceedings
Practice Direction 7B- Production Centre
Practice Direction 7C – Money Claim Online
Part 8 – Alternative Procedure for Claims
Omitted
Omitted
Practice Direction 8C omitted
Part 9 – Responding to Particulars of Claim – General
Part 10 – Acknowledgement of Service
Practice Direction 10 omitted

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Parts 11-20

Web Version
Part 11 – Disputing the Court’s Jurisdiction
Part 12 – Default Judgment
Practice Direction 12 omitted
Part 13 – Setting Aside or Varying Default Judgment
Part 14 – Admissions
Practice Direction 14 – OMITTED
Part 15 – Defence and Reply
Omitted
Part 16 – Statements of Case
Practice Direction 16
Part 17 – Amendments to Statements of Case
Practice Direction 17
Part 18 – Further Information
Practice Direction 18
Part 19 – Parties and Group Litigation
Practice Direction 19A – Derivative claims
Practice Direction 19B – Group Litigation
Omitted
Part 20 – Counterclaims and other Additional Claims
Practice Direction 20

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Parts 21-30

Web Version
Part 21 – Children and Protected Parties
Practice Direction 21 – REVOKED
Part 22 – Statements of Truth
Practice Direction 22
Part 23 – General Rules about Applications for Court Orders
Practice Direction 23A – Applications
Practice Direction 23B – REVOKED
Part 24 – Summary Judgment
Practice Direction 24 – REVOKED
Part 25 – Interim Remedies and Security for Costs
Practice Direction 25A – Omitted
Practice Direction 25B – Omitted
Part 26 – Case Management – Preliminary Stage
Practice Direction 26 – Case management – preliminary stage: allocation, reallocation, assignment and reassignment
Part 27 – The Small Claims Track
Practice Direction 27A – Small Claims Track
Practice Direction 27B – Claims Under the Pre-Action Protocol for Personal Injury Claims Below the Small Claims Limit in Road Traffic Accidents – Court Procedure
Part 28 – The Fast Track and The Intermediate Track
Practice Direction 28 – The Fast Track and The Intermediate Track
Part 29 – The Multi-track
Practice Direction 29
Part 30 – Transfer
Practice Direction 30

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Parts 31-40

Web Version
Part 31 – Disclosure and Inspection of Documents
Practice Direction 31A – Disclosure and Inspection
Practice Direction 31B – Disclosure of Electronic Documents
Practice Direction 31C – Disclosure and inspection in relation to competition claims
Part 32 – Evidence
Practice Direction 32
Part 33 – Miscellaneous Rules about Evidence
Practice Direction 33 – Civil Evidence Act
Part 34 – Witnesses, Depositions and Evidence for Foreign Courts
Practice Direction 34A – Depositions and Court Attendance by Witnesses
Practice Direction 34B – Fees for Examiners of the Court
Part 35 – Experts and Assessors
Practice Direction 35
Part 36 – Offers to Settle
Practice Direction 36 – Offers to Settle
Part 37 – Miscellaneous Provisions about Payments into Court
Practice Direction 37
Part 38 – Discontinuance
Part 39 – Miscellaneous Provisions Relating to Hearings
Part 40 – Judgments, Orders, Sale of Land Etc.
Practice Direction 40A – Accounts & Inquiries
Practice Direction 40B – Judgments & Orders
Practice Direction 40D – 1. Court’s Powers in Relation to Land. 2. Conveyancing Counsel of the Court
Practice Direction 40E – Reserved Judgments
Practice Direction 40F – Non-disclosure injunctions information collection scheme

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Parts 41-50

Web Version
Part 41 – Damages
Practice Direction 41A – Provisional Damages
Practice Direction 41B – Periodical Payments under the Damages Act 1996
Part 42 – Change of Solicitor
Practice Direction 42
Part 43 omitted
Part 44 – General Rules about Costs
Practice Direction 44 – General Rules About Costs
Part 45 – Fixed Costs
Practice Direction 45 – Table of Fixed Costs (2024)
Part 46 – Costs special cases
Practice Direction 46 – Costs Special Cases
Part 47 – Procedure for Assessment of Costs and Default Provisions
Practice Direction 47 – Procedure for Detailed Assessment of Costs and Default Provisions
Part 48 – Part 2 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, elating to civil litigation funding and costs: transitional provision in relation to pre-commencement funding
Practice Direction 48 – Part 2 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, elating to civil litigation funding and costs: transitional provision and exceptions
Part 49 – Specialist Proceedings
Practice Direction 49A – Applications under the Companies Acts and Related Legislation
Practice direction 49B: Mesothelioma claims
Practice direction 49C: Consumer Credit Act 2006 – unfair relationships
Practice direction 49D: Claims for the recovery of taxes and duties
Practice direction 49E: Alternative procedure for claims
Practice direction 49F: Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents and Low Value Personal Injury (Employers’ Liability and Public Liability) Claims – Stage 3 Procedure
Practice Direction 49G – Applications under Part III of the Family Law Reform Act 1969 for use of scientific tests to determine parentage
Practice Direction 49H – Enforcement of consumer protection law (comes into force 6 April 2025)
Part 50 – Application of the Schedules

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Parts 51-60

Web Version
Part 51 – Transitional Arrangements and Pilot Schemes
Practice Direction 51A – Omitted
Practice Direction 51M – Revoked
Practice Direction 51O – Omitted
Practice Direction 51P – Omitted
Practice Direction 51R – Online Civil Money Claims Pilot
Practice Direction 51S – Omitted
Practice Direction 51U – Omitted
Practice Direction 51V – Omitted
Practice Direction 51W – Omitted
Practice Direction 51X – Omitted
Practice Direction 51Y: Video or audio hearings during Coronavirus pandemic
Practice Direction 51Z – Expired
Practice Direction 51ZA – Extension of time limits and clarification of practice direction 51Y – Coronavirus
Practice Direction 51ZB – The Damages Claims Pilot
Practice Direction 51ZC – The small claims paper determination pilot
Practice Direction 51ZD – Pilot scheme for capping costs in patent cases in the shorter trial scheme
Practice Direction 51ZE – Small claims track automatic referral to mediation pilot scheme
Practice Direction 51ZF – Part 3 of the Domestic Abuse Act 2021: provision during piloted commencement (for use on pilot commencement – pilot commenced on 27 November 2024)
Practice Direction 51ZG1 – Pilot scheme for cost budgeting in certain business and property courts and certain business and property work in the county court
Practice Direction 51ZG2 – Pilot scheme for costs budgeting in certain claims with a value of less than £1 million
Practice Direction 51ZG3 – Pilot scheme for certain High Court qualified one-way costs shifting (QOCS) cases
Practice Direction 51ZH – Access to public domain documents (comes into force on 1 January 2026)
Part 52 – Appeals
Practice Direction 52A – Appeals: General provisions
Practice Direction 52B – Appeals in the county courts and the High Court
Practice Direction 52C – Appeals to the Court of Appeal
Practice Direction 52D – Statutory appeals and appeals subject to special provision
Practice Direction 52E – Appeals by way of case stated
Part 53 – Media and Communications Claims
Practice Direction 53A: Transferring proceedings to and from the media and communications list
Practice Direction 53B: Media and communications claims
Part 54 – Judicial Review and Statutory Review
Practice Direction 54A – Judicial review
Cyfarwyddyd Ymarfer 54A – Adolygiad Barnwrol
Practice Direction 54B: Urgent applications and other applications for interim relief
Cyfarwyddyd Ymarfer 54B – Ceisiadau Brys a Cheisiadau Eraill am Ryddhad Interim
Practice Direction 54C – Administrative Court (Venue)
Cyfarwyddyd Ymarfer 54C  – Llys Gweinyddol (Lleoliad)
Practice Direction 54D – Planning Court Claims
Cyfarwyddyd Ymarfer 54D – Hawliadau Llys Cynllunio
Practice direction 54E: Environmental review claims
Part 55 – Possession Claims
Practice Direction 55A – Possession Claims
Practice Direction 55B – Possession Claims Online
Practice Direction 55C – Coronavirus: temporary provision in relation to possession proceedings
Part 56 – Landlord and Tenant Claims and Miscellaneous Provisions about Land and claims under the Renting Homes (Wales) Act 2016
Practice Direction 56
Practice Direction 56A: Renting homes (Wales) claims
Part 57 – Probate, Inheritance, Presumption of Death and guardianship of missing persons
Practice Direction 57
Practice Direction 57B – Proceedings under the Presumption of Death Act 2013
Practice Direction 57C – Proceedings under the Guardianship (missing persons) Act 2017
Part 57A – Business and property courts
Practice Direction 57AA – Business and Property Courts
Practice Direction 57AB –  Shorter and flexible trials schemes
Practice Direction 57AC: trial witness statements in the business and property courts
Practice Direction 57AD – Disclosure for the Business and Property Courts
Part 58 – Commercial Court
Practice Direction 58
Part 59 – Circuit Commercial Court
Practice Direction 59
Part 60 – Technology and Construction Court Claims
Practice Direction 60

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Parts 61-70

Web Version
Part 61 – Admiralty Claims
Practice Direction 61
Part 62 – Arbitration Claims
Practice Direction 62
Part 63 – Intellectual Property Claims
Practice Direction 63
Part 63A – Financial List
Practice Direction 63AA – Financial List
Part 64 – Estates, Trusts and Charities
Practice Direction 64A – Estates, Trusts and Charities
Practice Direction 64B – Applications to the Court for Directions by Trustees in Relation to the Administration of the Trusts
Part 65 – Proceedings Relating to Anti-Social Behaviour and Harassment
Practice Direction 65
Part 66 – Crown Proceedings
Practice Direction 66
Part 67 – Proceedings Relating to Solicitors
Practice Direction 67
Part 68 – Proceedings under the European Union (Withdrawal) Act 2018
Practice Direction 68 REVOKED
Part 69 – Court’s Power to Appoint a Receiver
Practice Direction 69
Part 70 – General Rules about Enforcement of Judgments and Orders
Practice Direction 70A
Practice Direction 70B: debt respite scheme under the financial guidance and claims act 2018

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Parts 71-80

Web Version
Part 71 – Orders to Obtain Information from Judgment Debtors
Practice Direction 71
Part 72 – Third Party Debt Orders
Practice Direction 72
Part 73 – Charging Orders, Stop Orders and Stop Notices
Practice Direction 73
Part 74 – Enforcement of Judgments in Different Jurisdictions
Practice Direction 74A – Enforcement of Judgments in different Jurisdictions
Practice Direction 74B – REVOKED
Part 75 – Traffic Enforcement
Practice Direction 75
Part 76 – Proceedings Under the Prevention of Terrorism Act 2005
Part 77 – Provision in Support of Criminal Justice
Practice Direction 77
Part 78 – European Procedures – REVOKED
Practice Direction 78 – REVOKED
Part 79 – Proceedings under the counter-terrorism act 2008, part 1 of the terrorist asset-freezing etc. act 2010 and part 1 of the sanctions and anti-money laundering act 2018
Part 80 – Proceedings under the Terrorism Prevention and Investigation Measures Act 2011

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Parts 81-86

Web Version
Part 81 – Applications and Proceedings in Relation to Contempt of Court
Practice Direction 81 – Revoked
Part 82 – Closed material procedure
Part 83 Writs and Warrants – General Provisions
Practice Direction 83 Writs and Warrants – General Provisions
Part 84 Enforcement by taking control of goods
Practice Direction 84 Enforcement by taking control of goods
Part 85 Claims on Controlled Goods and Executed Goods
Part 86 Stakeholder Claims and Applications
Part 87 Applications for writ of habeas corpus
Part 88 Proceedings under the Counter-terrorism and Security Act 2015
Part 89 Attachment of earnings

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Other Practice Directions

Web Version
Practice Direction – Pre-Action Conduct and Protocols
Practice Direction – Competition Law – claims relating to the application of chapters I and II of part I of the Competition Act 1998 and claims made under section 101 of the Digital Markets, Competition and Consumers Act 2024
Insolvency Proceedings
Temporary insolvency practice direction supporting the insolvency practice direction
Directors Disqualification Proceedings
Practice direction relating to the use of of the Welsh language in cases in the civil courts in or having a connection with Wales (English and Welsh)
Devolution Issues and Crown Office Applications in Wales (English)
Devolution Issues and Crown Office Applications in Wales (Welsh)
Application for a Warrant under The Competition Act 1998 or Part 1 of the Digital Markets, Competition and Consumers Act 2024
Practice Direction – Civil Recovery Proceedings
Practice Direction – Application for a warrant under the Enterprise Act 2002
Practice Direction – Proceedings under Enactments Relating to Equality
Practice Direction – County Court Closures
Practice Direction – Solicitors’ negligence in right to buy cases
Practice Direction – Claims relating to EU and EEA EFTA citizens’ rights under Part 2 of the Withdrawal Agreement and Part 2 of the EEA EFTA Separation Agreement

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Contents of this Part

Title	Number
Scope of this Part and interpretation	Rule 62.1
I CLAIMS UNDER THE 1996 ACT
Interpretation	Rule 62.2
Starting the claim	Rule 62.3
Arbitration claim form	Rule 62.4
Service out of the jurisdiction	Rule 62.5
Notice	Rule 62.6
Case management	Rule 62.7
Stay of legal proceedings	Rule 62.8
Variation of time	Rule 62.9
Hearings	Rule 62.10
II OTHER ARBITRATION CLAIMS
Scope of this Section	Rule 62.11
Applications to Judge	Rule 62.12
Starting the claim	Rule 62.13
Claims in District Registries	Rule 62.14
Time limits and other special provisions about arbitration claims	Rule 62.15
Service out of the jurisdiction	Rule 62.16
III ENFORCEMENT
Scope of this Section	Rule 62.17
Enforcement of awards	Rule 62.18
Interest on awards	Rule 62.19
Registration in High Court of foreign awards	Rule 62.20
Registration of awards under the Arbitration (International Investment Disputes) Act 1966	Rule 62.21

Scope of this Part and interpretation

62.1

(1) This Part contains rules about arbitration claims.

(2) In this Part –

(a) ‘the 1950 Act’ means the Arbitration Act 1950¹;

(b) ‘the 1975 Act’ means the Arbitration Act 1975²;

(c) ‘the 1979 Act’ means the Arbitration Act 1979³;

(d) ‘the 1996 Act’ means the Arbitration Act 1996⁴;

(e) references to –

(i) the 1996 Act; or

(ii) any particular section of that Act

include references to that Act or to the particular section of that Act as applied with modifications by the ACAS Arbitration Scheme (England and Wales) Order 2001⁵; and

(f) ‘arbitration claim form’ means a claim form in the form set out in Practice Direction 62.

(3) Part 58 (Commercial Court) applies to arbitration claims in the Commercial Court, Part 59 (Circuit Commercial Court) applies to arbitration claims in the Circuit Commercial Court and Part 60 (Technology and Construction Court claims) applies to arbitration claims in the Technology and Construction Court, except where this Part provides otherwise.

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I CLAIMS UNDER THE 1996 ACT

Interpretation

62.2

(1) In this Section of this Part ‘arbitration claim’ means –

(a) any application to the court under the 1996 Act;

(b) a claim to determine –

(i) whether there is a valid arbitration agreement;

(ii) whether an arbitration tribunal is properly constituted; or

what matters have been submitted to arbitration in accordance with an arbitration agreement;

(c) a claim to declare that an award by an arbitral tribunal is not binding on a party; and

(d) any other application affecting –

(i) arbitration proceedings (whether started or not); or

(ii) an arbitration agreement.

(2) This Section of this Part does not apply to an arbitration claim to which Sections II or III of this Part apply.

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Starting the claim

62.3

(1) Except where paragraph (2) applies an arbitration claim must be started by the issue of an arbitration claim form in accordance with the Part 8 procedure.

(2) An application under section 9 of the 1996 Act to stay legal proceedings must be made by application notice to the court dealing with those proceedings.

(3) The courts in which an arbitration claim may be started are set out in Practice Direction 62.

(4) Rule 30.5 applies with the modification that a judge of the Technology and Construction Court may transfer the claim to any other court or specialist list.

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Arbitration claim form

62.4

(1) An arbitration claim form must –

(a) include a concise statement of –

(i) the remedy claimed; and

(ii) any questions on which the claimant seeks the decision of the court;

(b) give details of any arbitration award challenged by the claimant, identifying which part or parts of the award are challenged and specifying the grounds for the challenge;

(c) show that any statutory requirements have been met;

(d) specify under which section of the 1996 Act the claim is made;

(e) identify against which (if any) defendants a costs order is sought; and

(f) specify either –

(i) the persons on whom the arbitration claim form is to be served, stating their role in the arbitration and whether they are defendants; or

(ii) that the claim is made without notice under section 44(3) of the 1996 Act and the grounds relied on.

(2) Unless the court orders otherwise an arbitration claim form must be served on the defendant within 1 month from the date of issue and rules 7.5 and 7.6 are modified accordingly.

(3) Where the claimant applies for an order under section 12 of the 1996 Act (extension of time for beginning arbitral proceedings or other dispute resolution procedures), he may include in his arbitration claim form an alternative application for a declaration that such an order is not needed.

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Service out of the jurisdiction

62.5

(1) Subject to paragraph (2A), the court may give permission to serve an arbitration claim form out of the jurisdiction if –

(a) the claimant seeks to –

(i) challenge; or

(ii) appeal on a question of law arising out of,

an arbitration award made within the jurisdiction;

(The place where an award is treated as made is determined by section 53 of the 1996 Act.)

(b) the claim is for an order under section 44 of the 1996 Act; or

(c) the claimant –

(i) seeks some other remedy or requires a question to be decided by the court affecting an arbitration (whether started or not), an arbitration agreement or an arbitration award; and

(ii) the seat of the arbitration is or will be within the jurisdiction or the conditions in section 2(4) of the 1996 Act are satisfied.

(2) An application for permission under paragraph (1) must be supported by written evidence –

(a) stating the grounds on which the application is made; and

(b) showing in what place or country the person to be served is, or probably may be found.

2A) An arbitration claim form falling within (1)(a) to (c) above may be served out of the jurisdiction without permission if—

(a)the seat of the arbitration is or will be in England and Wales; and

(b)the respondent is party to the arbitration agreement in question.

(3) Rules 6.34, 6.35 and 6.40 to 6.46 apply to the service of an arbitration claim form under paragraph (1) or (2A).

(4) An order giving permission to serve an arbitration claim form out of the jurisdiction must specify the period within which the defendant may file an acknowledgment of service.

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Notice

62.6

(1) Where an arbitration claim is made under section 24, 28 or 56 of the 1996 Act, each arbitrator must be a defendant.

(2) Where notice must be given to an arbitrator or any other person it may be given by sending him a copy of –

(a) the arbitration claim form; and

(b) any written evidence in support.

(3) Where the 1996 Act requires an application to the court to be made on notice to any other party to the arbitration, that notice must be given by making that party a defendant.

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Case management

62.7

(1) Part 26 and any other rule that requires a party to file a directions questionnaire does not apply.

(2) Arbitration claims are allocated to the multi-track.

(3) Part 29 does not apply.

(4) The automatic directions set out in Practice Direction 62 apply unless the court orders otherwise.

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Stay of legal proceedings

62.8

(1) An application notice seeking a stay of legal proceedings under section 9 of the 1996 Act⁶ must be served on all parties to those proceedings who have given an address for service.

(2) A copy of an application notice under paragraph (1) must be served on any other party to the legal proceedings (whether or not he is within the jurisdiction) who has not given an address for service, at –

(a) his last known address; or

(b) a place where it is likely to come to his attention.

(3) Where a question arises as to whether –

(a) an arbitration agreement has been concluded; or

(b) the dispute which is the subject-matter of the proceedings falls within the terms of such an agreement,

the court may decide that question or give directions to enable it to be decided and may order the proceedings to be stayed pending its decision.

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Variation of time

62.9

(1) The court may vary the period of 28 days fixed by section 70(3) of the 1996 Act for –

(a) challenging the award under section 67 or 68 of the Act; and

(b) appealing against an award under section 69 of the Act.

(2) An application for an order under paragraph (1) may be made without notice being served on any other party before the period of 28 days expires.

(3) After the period of 28 days has expired –

(a) an application for an order extending time under paragraph (1) must –

(i) be made in the arbitration claim form; and

(ii) state the grounds on which the application is made;

(b) any defendant may file written evidence opposing the extension of time within 7 days after service of the arbitration claim form; and

(c) if the court extends the period of 28 days, each defendant’s time for acknowledging service and serving evidence shall start to run as if the arbitration claim form had been served on the date when the court’s order is served on that defendant.

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Hearings

62.10

(1) The court may order that an arbitration claim be heard either in public or in private.

(2) Rule 39.2 does not apply.

(3) Subject to any order made under paragraph (1) –

(a) the determination of –

(i) a preliminary point of law under section 45 of the 1996 Act; or

(ii) an appeal under section 69 of the 1996 Act on a question of law arising out of an award,

will be heard in public; and

(b) all other arbitration claims will be heard in private.

(4) Paragraph (3)(a) does not apply to –

(a) Omitted

(b) an application for permission to appeal under section 69(2)(b).

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II OTHER ARBITRATION CLAIMS

Scope of this Section

62.11

(1) This Section of this Part contains rules about arbitration claims to which the old law applies.

(2) In this Section

(a) ‘the old law’ means the enactments specified in Schedules 3 and 4 of the 1996 Act as they were in force before their amendment or repeal by that Act; and

(b) ‘arbitration claim’ means any application to the court under the old law and includes an appeal (or application for permission to appeal) to the High Court under section 1(2) of the 1979 Act⁷.

(3) This Section does not apply to –

(a) a claim to which Section III of this Part applies; or

(b) a claim on the award.

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Applications to Judge

62.12 A claim –

(a) seeking permission to appeal under section 1(2) of the 1979 Act;

(b) under section 1(5) of that Act (including any claim seeking permission); or

(c) under section 5 of that Act,

must be made in the High Court and will be heard by a judge of the Commercial Court unless any such judge directs otherwise.

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Starting the claim

62.13

(1) Except where paragraph (2) applies an arbitration claim must be started by the issue of an arbitration claim form in accordance with the Part 8 procedure.

(2) Where an arbitration claim is to be made in existing proceedings –(a) it must be made by way of application notice; and

(b) any reference in this Section of this Part to an arbitration claim form includes a reference to an application notice.

(3) The arbitration claim form in an arbitration claim under section 1(5) of the 1979 Act (including any claim seeking permission) must be served on –

(a) the arbitrator or umpire; and

(b) any other party to the reference.

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Claims in District Registries

62.14

If –

(a) a claim is to be made under section 12(4) of the 1950 Act⁸ for an order for the issue of a witness summons to compel the attendance of the witness before an arbitrator or umpire; and

(b) the attendance of the witness is required within the district of a District Registry,

the claim may be started in that Registry.

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Time limits and other special provisions about arbitration claims

62.15

(1) An arbitration claim to

(a) remit an award under section 22 of the 1950 Act⁹;

(b) set aside an award under section 23(2) of that Act¹⁰or otherwise; or

(c) direct an arbitrator or umpire to state the reasons for an award under section 1(5) of the 1979 Act,

must be made, and the arbitration claim form served, within 21 days after the award has been made and published to the parties.

(2) An arbitration claim to determine any question of law arising in the course of a reference under section 2(1) of the Arbitration Act 1979 must be made, and the arbitration claim form served, within 14 days after –

(a) the arbitrator or umpire gave his consent in writing to the claim being made; or

(b) the other parties so consented.

(3) An appeal under section 1(2) of the 1979 Act must be filed, and the arbitration claim form served, within 21 days after the award has been made and published to the parties.

(4) Where reasons material to an appeal under section 1(2) of the 1979 Act are given on a date subsequent to the publication of the award, the period of 21 days referred to in paragraph (3) will run from the date on which reasons are given.

(5) In every arbitration claim to which this rule applies –

(a) the arbitration claim form must state the grounds of the claim or appeal;

(b) where the claim or appeal is based on written evidence, a copy of that evidence must be served with the arbitration claim form; and

(c) where the claim or appeal is made with the consent of the arbitrator, the umpire or the other parties, a copy of every written consent must be served with the arbitration claim form.

(6) In an appeal under section 1(2) of the 1979 Act –

(a) a statement of the grounds for the appeal specifying the relevant parts of the award and reasons; and

(b) where permission is required, any written evidence in support of the contention that the question of law concerns –

(i) a term of a contract; or

(ii) an event,

which is not a ‘one-off’ term or event,

must be filed and served with the arbitration claim form.

(7) Any written evidence in reply to written evidence under paragraph (6)(b) must be filed and served on the claimant not less than 2 days before the hearing.

(8) A party to a claim seeking permission to appeal under section 1(2) of the 1979 Act who wishes to contend that the award should be upheld for reasons not expressed or fully expressed in the award and reasons must file and serve on the claimant, a notice specifying the grounds of his contention not less than 2 days before the hearing.

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Service out of the jurisdiction

62.16

(1) Subject to paragraph (2) –

(a) any arbitration claim form in an arbitration claim under the 1950 Act or the 1979 Act; or

(b) any order made in such a claim,

may be served out of the jurisdiction with the permission of the court if the arbitration to which the claim relates –

(i) is governed by the law of England and Wales; or

(ii) has been, is being, or will be, held within the jurisdiction.

(2) An arbitration claim form seeking permission to enforce an award may be served out of the jurisdiction with the permission of the court whether or not the arbitration is governed by the law of England and Wales.

(3) An application for permission to serve an arbitration claim form out of the jurisdiction must be supported by written evidence –

(a) stating the grounds on which the application is made; and

(b) showing in what place or country the person to be served is, or probably may be found.

Rules 6.40 to 6.46 apply to the service of an arbitration claim form under paragraph (1).

(4) Omitted

(5) An order giving permission to serve an arbitration claim form out of the jurisdiction must specify the period within which the defendant may file an acknowledgment of service.

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III ENFORCEMENT

Scope of this Section

62.17

This Section of this Part applies to all arbitration enforcement proceedings other than by a claim on the award.

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Enforcement of awards

62.18

(1) An application for permission under –

(a) section 66 of the 1996 Act¹¹;

(b) section 101 of the 1996 Act;

(c) section 26 of the 1950 Act¹²; or

(d) section 3(1)(a) of the 1975 Act¹³,

to enforce an award in the same manner as a judgment or order may be made without notice in an arbitration claim form.

(2) The court may specify parties to the arbitration on whom the arbitration claim form must be served.

(3) The parties on whom the arbitration claim form is served must acknowledge service and the enforcement proceedings will continue as if they were an arbitration claim under Section I of this Part.

(4) With the permission of the court the arbitration claim form may be served out of the jurisdiction irrespective of where the award is, or is treated as, made.

(5) Where the applicant applies to enforce an agreed award within the meaning of section 51(2) of the 1996 Act –

(a) the arbitration claim form must state that the award is an agreed award; and

(b) any order made by the court must also contain such a statement.

(6) An application for permission must be supported by written evidence –

(a) exhibiting –

(i) where the application is made under section 66 of the 1996 Act or under section 26 of the 1950 Act, the arbitration agreement and the original award (or copies);

(ii) where the application is under section 101 of the 1996 Act, the documents required to be produced by section 102 of that Act; or

(iii) where the application is under section 3(1)(a) of the 1975 Act, the documents required to be produced by section 4 of that Act;

(b) stating the name and the usual or last known place of residence or business of the claimant and of the person against whom it is sought to enforce the award; and

(c) stating either –

(i) that the award has not been complied with; or

(ii) the extent to which it has not been complied with at the date of the application.

(7) An order giving permission must –

(a) be drawn up by the claimant; and

(b) be served on the defendant by –

(i) delivering a copy to him personally; or

(ii) sending a copy to him at his usual or last known place of residence or business.

(8) An order giving permission may be served out of the jurisdiction –

(a) without permission; and

(b) in accordance with rules 6.40 to 6.46 as if the order were an arbitration claim form.

(9) Within 14 days after service of the order or, if the order is to be served out of the jurisdiction, within such other period as the court may set –

(a) the defendant may apply to set aside the order; and

(b) the award must not be enforced until after –

(i) the end of that period; or

(ii) any application made by the defendant within that period has been finally disposed of.

(10) The order must contain a statement of –

(a) the right to make an application to set the order aside; and

(b) the restrictions on enforcement under rule 62.18(9)(b).

(11) Where a body corporate is a party any reference in this rule to place of residence or business shall have effect as if the reference were to the registered or principal address of the body corporate.

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Interest on awards

62.19

(1) Where an applicant seeks to enforce an award of interest the whole or any part of which relates to a period after the date of the award, he must file a statement giving the following particulars –

(a) whether simple or compound interest was awarded;

(b) the date from which interest was awarded;

(c) where rests were provided for, specifying them;

(d) the rate of interest awarded; and

(e) a calculation showing –

(i) the total amount claimed up to the date of the statement; and

(ii) any sum which will become due on a daily basis.

(2) A statement under paragraph (1) must be filed whenever the amount of interest has to be quantified for the purpose of –

(a) obtaining a judgment or order under section 66 of the 1996 Act (enforcement of the award); or

(b) enforcing such a judgment or order.

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Registration in High Court of foreign awards

62.20

(1) Where –

(a) an award is made in proceedings on an arbitration in any part of a British overseas territory or other territory to which Part I of the Foreign Judgments (Reciprocal Enforcement) Act 1933¹⁴ (‘the 1933 Act’) extends;

(b) Part II of the Administration of Justice Act 1920¹⁵extended to that part immediately before Part I of the 1933 Act was extended to that part; and

(c) an award has, under the law in force in the place where it was made, become enforceable in the same manner as a judgment given by a court in that place,

rules 74.1 to 74.7 and 74.9 apply in relation to the award as they apply in relation to a judgment given by the court subject to the modifications in paragraph (2).

(2) The modifications referred to in paragraph (1) are as follows –

(a) for references to the State of origin are substituted references to the place where the award was made; and

(b) the written evidence required by rule 74.4 must state (in addition to the matters required by that rule) that to the best of the information or belief of the maker of the statement the award has, under the law in force in the place where it was made, become enforceable in the same manner as a judgment given by a court in that place.

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Registration of awards under the Arbitration (International Investment Disputes) Act 1966

62.21

(1) In this rule –

(a) ‘the 1966 Act’ means the Arbitration (International Investment Disputes) Act 1966¹⁶;

(b) ‘award’ means an award under the Convention;

(c) ‘the Convention’ means the Convention on the settlement of investment disputes between States and nationals of other States which was opened for signature in Washington on 18th March 1965¹⁷;

(d) ‘judgment creditor’ means the person seeking recognition or enforcement of an award; and

(e) ‘judgment debtor’ means the other party to the award.

(2) Subject to the provisions of this rule, the following provisions of Part 74 apply with such modifications as may be necessary in relation to an award as they apply in relation to a judgment to which Part I of the Foreign Judgments (Reciprocal Enforcement) Act 1933¹⁸applies –

(a) rule 74.1;

(b) rule 74.3;

(c) rule 74.4(1), (2)(a) to (d), and (4);

(d) rule 74.6 (except paragraph (3)(c) to (e)); and

(e) rule 74.9(3).

(3) An application to have an award registered in the High Court under section 1 of the 1966 Act¹⁹ must be made in accordance with the Part 8 procedure.

(4) The written evidence required by rule 74.4 in support of an application for registration must –

(a) exhibit the award certified under the Convention instead of the judgment (or a copy of it); and

(b) in addition to stating the matters referred to in rule 74.4(2)(a) to (d) state whether –

(i) at the date of the application the enforcement of the award has been stayed (provisionally or otherwise) under the Convention; and

(ii) any, and if so what, application has been made under the Convention, which, if granted, might result in a stay of the enforcement of the award.

(5) Where, on granting permission to register an award or an application made by the judgment debtor after an award has been registered, the court considers –

(a) that the enforcement of the award has been stayed (whether provisionally or otherwise) under the Convention; or

(b) that an application has been made under the Convention which, if granted, might result in a stay of the enforcement of the award,

the court may stay the enforcement of the award for such time as it considers appropriate.

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Footnotes

1. 1950 c. 27. Back to text
2. 1975 c.3; repealed by the Arbitration Act 1996 (c. 23), section 107(2) and Schedule 4 but continues to apply to claims commenced before 31st January 1997 by virtue of the Arbitration Act 1996 (Commencement No. 1) Order 1996 (S.I. 1996/3146), article 4 and Schedule 2. Back to text
3. 1979 c. 42; repealed by the Arbitration Act 1996 (c. 23), section 107(2) and Schedule 4 but continues to apply to claims commenced before 31st January 1997 by virtue of the Arbitration Act 1996 (Commencement No. 1) Order 1996 (S.I. 1996/3146), article 4 and Schedule 2. Back to text
4. 1996 c. 23. Back to text
5. S.I. 2001/1185. Back to text
6. 1996 c. 23. Back to text
7. 1979 c. 42; repealed by the Arbitration Act 1996 (c. 23), section 107(2) and Schedule 4 but continues to apply to claims commenced before 31st January 1997 by virtue of the Arbitration Act 1996 (Commencement No. 1) Order 1996 (S.I. 1996/3146), article 4 and Schedule 2. Back to text
8. 1950 c. 27; section 12(4) was repealed by the Arbitration Act 1996 (c. 23), section 107(2) and Schedule 4 but continues to apply to claims commenced before 31st January 1997 by virtue of the Arbitration Act 1996 (Commencement No. 1) Order 1996 (S.I. 1996/3146), article 4 and Schedule 2. Back to text
9. 1950 c. 27; section 22 was repealed by the Arbitration Act 1996 (c. 23), section 107(2) and Schedule 4 but continues to apply to claims commenced before 31st January 1997 by virtue of the Arbitration Act 1996 (Commencement No. 1) Order 1996 (S.I. 1996/3146), article 4 and Schedule 2. Back to text
10. 1950 c. 27; section 23(2) was repealed by the Arbitration Act 1996 (c. 23), section 107(2) and Schedule 4 but continues to apply to claims commenced before 31st January 1997 by virtue of the Arbitration Act 1996 (Commencement No. 1) Order 1996 (S.I. 1996/3146), article 4 and Schedule 2. Back to text
11. 1996 c. 23. Back to text
12. 1950 c. 27; section 26 was repealed by the Arbitration Act 1996 (c. 23), section 107(2) and Schedule 4 but continues to apply to claims commenced before 31st January 1997 by virtue of the Arbitration Act 1996 (Commencement No. 1) Order 1996 (S.I. 1996/3146), article 4 and Schedule 2. Back to text
13. 1975 c. 3; repealed by the Arbitration Act 1996 (c. 23), section 107(2) and Schedule 4 but continues to apply to claims commenced before 31st January 1997 by virtue of the Arbitration Act 1996 (Commencement No. 1) Order 1996 (S.I. 1996/3146), article 4 and Schedule 2. Back to text
14. 1933 c. 13 (23 & 24 Geo. 5). Back to text
15. 1920 c. 81 (10 & 11 Geo. 5); section 10 of Part II was substituted by the Civil Jurisdiction and Judgments Act 1982 (c. 27), section 35(2) and section 14 of Part II was amended by the Civil Jurisdiction and Judgments Act 1982 (c. 27), section 35(3). Back to text
16. 1966 c. 41. Back to text
17. The text of the Convention is set out in the Schedule to the Arbitration (International Investment Disputes) Act 1966 (c. 41). Back to text
18. 23 & 24 Geo 5 c.13. Back to text
19. 1966 c. 41; section 1 was amended by the Administration of Justice Act 1977 (c. 38), sections 4 and 32(4) and Schedule 5, Part I and by the Supreme Court Act 1981 (c. 54), section 152(1) and Schedule 5. Back to text

Contents of this Part

Title	Number
I SCOPE AND INTERPRETATION
Scope and interpretation	Rule 52.1
Parties to comply with Practice Directions 52A to 52E	Rule 52.2
SECTION II PERMISSION TO APPEAL – GENERAL
Permission to appeal	Rule 52.3
Permission to appeal in certain contempt proceedings	Rule 52.3A
Permission to appeal from the Court of Appeal to the Supreme Court	Rule 52.3B
Determination of application for permission to appeal to the County Court and High Court	Rule 52.4
Determination of application for permission to appeal to the Court of Appeal	Rule 52.5
Permission to appeal test – first appeals	Rule 52.6
Permission to appeal test – second appeals	Rule 52.7
III PERMISSION TO APPEAL – JUDICIAL REVIEW APPEALS, PLANNING STATUTORY REVIEW APPEALS AND APPEALS FROM THE EMPLOYMENT APPEAL TRIBUNAL	Rule 52.7
Permission to appeal in contempt proceedings where the appeal lies to the Supreme Court	Rule 52.7A
Judicial review appeals from the High Court	Rule 52.8
Judicial review appeals from the Upper Tribunal	Rule 52.9
Planning statutory review appeals	Rule 52.10
Appeals from the Employment Appeal Tribunal	Rule 52.11
IV ADDITIONAL RULES
Appellant’s notice	Rule 52.12
Respondent’s notice	Rule 52.13
Transcripts at public expense	Rule 52.14
Variation of time	Rule 52.15
Variation of time in certain contempt proceedings	Rule 52.15A
Stay	Rule 52.16
Amendment of appeal notice	Rule 52.17
Striking out appeal notices and setting aside or imposing conditions on permission to appeal	Rule 52.18
Orders to limit recoverable costs of an appeal	Rule 52.19
Appeal court’s powers	Rule 52.20
Hearing of appeals	Rule 52.21
Non-disclosure of Part 36 offers and payments	Rule 52.22
V SPECIAL PROVISIONS RELATING TO THE COURT OF APPEAL
Assignment of appeals to the Court of Appeal	Rule 52.23
Who may exercise the powers of the Court of Appeal	Rule 52.24
VI SPECIAL PROVISIONS RELATING TO STATUTORY APPEALS
Statutory appeals – court’s power to hear any person	Rule 52.25
Appeals under the Law of Property Act 1922	Rule 52.26
Appeals from certain tribunals	Rule 52.27
Appeals under certain planning legislation	Rule 52.28
Appeals under certain legislation relating to pensions	Rule 52.29
VII REOPENING FINAL APPEALS
Reopening of final appeals	Rule 52.30

I SCOPE AND INTERPRETATION

Scope and interpretation

52.1

(1) The rules in this Part apply to—

(a) appeals to the civil division of the Court of Appeal;

(b) appeals to the High Court;

(c) appeals to the County Court;

(d) applications made in the High Court or the Court of Appeal for permission to appeal to the Supreme Court in contempt proceedings; and

(e) applications made in the Court of Appeal for permission to appeal to the Supreme Court in proceedings other than contempt proceedings

(2) This Part does not apply to an appeal in detailed assessment proceedings against a decision of an authorised court officer.

(3) In this Part –

(a) ‘appeal’ includes an appeal by way of case stated;

(b) ‘appeal court’ means the court to which an appeal is made but does not include the Supreme Court;

(c) ‘lower court’ means the court, tribunal or other person or body from whose decision an appeal is brought but does not include the Court of Appeal;

(d) ‘appellant’ means a person who brings or seeks to bring an appeal;

(e) ‘respondent’ means –

(i) a person other than the appellant who was a party to the proceedings in the lower court and who is affected by the appeal; and

(ii) a person who is permitted by the appeal court to be a party to the appeal;

(f) ‘appeal notice’ means an appellant’s or respondent’s notice; and

(g )reference to an appeal in contempt proceedings is reference to—

(i) an appeal by a defendant in respect of any order or decision made by a court in the exercise of its jurisdiction to punish for contempt of court or under an enactment enabling the court to deal with an offence as if it were a contempt of court or under section 14, 92 or 118 of the County Courts Act 1984; and

(ii) an appeal by an applicant in respect of any order made on an application for committal or attachment.

(4) This Part is subject to any rule, enactment or practice direction which sets out special provisions with regard to any particular category of appeal

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Parties to comply with Practice Directions 52A to 52E

52.2 All parties to an appeal must comply with Practice Directions 52A to 52E.

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II PERMISSION TO APPEAL – GENERAL

Permission  to appeal

52.3

(1) An appellant or respondent requires permission to appeal—

(a) where the appeal is from a decision of a judge in the County Court or the High Court, or to the Court of Appeal from a decision of a judge in the family court, except where the appeal is against—

(i) a committal order made in the County Court or by a single judge of the High Court not sitting on an appeal;

(ii) a refusal to grant habeas corpus;

(iii) a secure accommodation order made under section 25 of the Children Act 1989 or section 119 of the Social Services and Well-being (Wales) Act 2014;

(b) as provided by Practice Directions 52A to 52E; or

(c) where the appeal is from the decision of—

(i) a Divisional Court in contempt proceedings;

(ii) a single judge of the High Court made on appeal in contempt proceedings;

(iii) the Court of Appeal in contempt proceedings; or

(iv) the Court of Appeal in proceedings other than contempt proceedings.

(Other enactments may provide that permission is required for particular appeals.)

(2) Unless the appeal is within paragraph (1)(c), an application for permission to appeal may be made—

(a) to the lower court at the hearing at which the decision to be appealed was made or any adjournment of that hearing; or

(b) to the appeal court in an appeal notice.

(Rule 52.12 sets out the time limits for filing an appellant’s notice at the appeal court. Rule 52.13 sets out the time limits for filing a respondent’s notice at the appeal court. Any application for permission to appeal to the appeal court must be made in the appeal notice (see rules 52.12(1) and 52.13(3)).)

(3) Unless the appeal is within paragraph (1)(c), where the lower court refuses an application for permission to appeal—

(a) a further application for permission may be made to the appeal court; and

(b) the order refusing permission must specify—

(i) the court to which any further application for permission should be made; and

(ii) the level of judge who should hear the application.

Permission to appeal in certain contempt proceedings

52.3A

(1) Where the appeal is one to which rule 52.3(1)(c)(i), (ii) or (iii) applies—

(a) an application for permission to appeal must be made to the Divisional Court or the single judge of the High Court or the Court of Appeal (as the case may be); and

(b) the application must be made within 28 days of the date on which that Court provides reasons for its decision.

Permission to appeal from the Court of Appeal to the Supreme Court

52.3B. Where the appeal is one to which rule 52.3(1)(c)(iv) applies—

(a)an application for permission to appeal must be made to the Court of Appeal;

(b)the application must be made within 28 days after the date of the decision of the Court of Appeal which the appellant wishes to appeal.

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Determination of applications for permission to appeal to the County Court and High Court

52.4

(1) Where an application for permission to appeal is made to an appeal court other than the Court of Appeal, the appeal court will determine the application on paper without an oral hearing, unless the court otherwise directs, or as provided for under paragraph (2).

(2) Subject to paragraph (3) and except where a rule or practice direction provides otherwise, where the appeal court, without a hearing, refuses permission to appeal, the person seeking permission may request the decision to be reconsidered at an oral hearing.

(3) Where in the appeal court a judge of the High Court, a Designated Civil Judge or a Specialist Circuit Judge refuses permission to appeal without an oral hearing and considers that the application is totally without merit, the judge may make an order that the person seeking permission may not request the decision to be reconsidered at an oral hearing.

(4) For the purposes of paragraph (3), “Specialist Circuit Judge” means any Circuit Judge in the County Court nominated to hear cases in the Circuit Commercial, Chancery or Technology and Construction Court lists.

(5) Rule 3.3(5) (party able to apply to set aside, etc., a decision made of court’s own initiative) does not apply to an order made under paragraph (3) that the person seeking permission may not request the decision to be reconsidered at an oral hearing.

(6) A request under paragraph (2) must be filed within 7 days after service of the notice that permission has been refused.

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Determination of applications for permission to appeal to the Court of Appeal

52.5

(1) Where an application for permission to appeal is made to the Court of Appeal, the Court of Appeal will determine the application on paper without an oral hearing, except as provided for under paragraph (2).

(2) The judge considering the application on paper may direct that the application be determined at an oral hearing, and must so direct if the judge is of the opinion that the application cannot be fairly determined on paper without an oral hearing.

(3) An oral hearing directed under paragraph (2) must be listed—

(a) no later than 14 days from the date of the direction under that paragraph; and

(b) before the judge who made that direction,

unless the court directs otherwise.

(4) The Court of Appeal may, in any direction under paragraph (2)—

(a) identify any issue or issues on which the party seeking permission should specifically focus its submissions at the oral hearing in order to assist the court to determine the application; and

(b) direct the respondent to serve and file written submissions and to attend the oral hearing.

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Permission to appeal test – first appeals

52.6

(1) Except where rule 52.3B, rule 52.7 or Rule 52.7A applies, permission to appeal may be given only where—

(a) the court considers that the appeal would have a real prospect of success; or

(b) there is some other compelling reason for the appeal to be heard.

(2) An order giving permission under this rule or under rule 52.7 may—

(a) limit the issues to be heard; and

(b) be made subject to conditions.

(Rule 3.1(3) also provides that the court may make an order subject to conditions.)

(Rule 25.29 provides for the court to order security for costs of an appeal.)

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Permission to appeal test – second appeals

52.7

(1) Permission is required from the Court of Appeal for any appeal to that court from a decision of the County Court, the family court or the High Court which was itself made on appeal, or a decision of the Upper Tribunal which was made on appeal from a decision of the First-tier Tribunal on a point of law where the Upper Tribunal has refused permission to appeal to the Court of Appeal.

(2) The Court of Appeal will not give permission unless it considers that—

(a) the appeal would—

(i) have a real prospect of success; and

(ii) raise an important point of principle or practice; or

(b) there is some other compelling reason for the Court of Appeal to hear it.

Permission to appeal in contempt proceedings where the appeal lies to the Supreme Court

52.7A

(1) This rule applies where the appeal is—

(a) one to which rule 52.3(1)(c)(ii) applies; or

(b) from a decision to which rule 52.3(1)(c)(i) or (iii) applies and which was itself made on appeal.

(2) Where this rule applies the court from which the appeal lies may grant permission only if—

(a) that court certifies that a point of general public importance is involved in the decision; and

(b) it appears to that court that the point is one which ought to be considered by the Supreme Court

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III PERMISSION TO APPEAL – JUDICIAL REVIEW APPEALS, PLANNING STATUTORY REVIEW APPEALS AND APPEALS FROM THE EMPLOYMENT APPEAL TRIBUNAL

Judicial review appeals from the High Court

52.8

(1) Where permission to apply for judicial review has been refused at a hearing in the High Court, an application for permission to appeal may be made to the Court of Appeal except where precluded by section 18(1) of the Senior Courts Act 1981.

(2) Where permission to apply for judicial review of a decision of the Upper Tribunal has been refused by the High Court on the papers or where permission to apply for judicial review has been refused on the papers and recorded as being totally without merit in accordance with rule 23.12, an application for permission to appeal may be made to the Court of Appeal.

(3) An application under paragraph (1) must be made within 7 days of the decision of the High Court to refuse to give permission to apply for judicial review.

(4) An application under paragraph (2) must be made within 7 days of service of the order of the High Court refusing permission to apply for judicial review.

(5) On an application under paragraph (1) or (2), the Court of Appeal may, instead of giving permission to appeal, give permission to apply for judicial review.

(6) Where the Court of Appeal gives permission to apply for judicial review in accordance with paragraph (5), the case will proceed in the High Court unless the Court of Appeal orders otherwise.

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Judicial review appeals from the Upper Tribunal

52.9

(1) Where permission to bring judicial review proceedings has been refused by the Upper Tribunal at a hearing and permission to appeal has been refused by the Upper Tribunal, an application for permission to appeal may be made to the Court of Appeal.

(2) Where an application for permission to bring judicial review proceedings has been determined by the Upper Tribunal on the papers and recorded as being totally without merit and permission to appeal has been refused by the Upper Tribunal, an application for permission to appeal may be made to the Court of Appeal.

(3) An application under this rule to the Court of Appeal must be made within 7 days of—

(a) the decision of the Upper Tribunal refusing permission to appeal to the Court of Appeal, where that decision was made at a hearing; or

(b) service of the order of the Upper Tribunal refusing permission to appeal to the Court of Appeal, where the decision to refuse permission was made on the papers.

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Planning statutory review appeals

52.10

(1) Where permission to apply for a planning statutory review has been refused at a hearing in the High Court, an application for permission to appeal may be made to the Court of Appeal.

(See Part 8 and Practice Direction 54D.)

(2) Where permission to apply for a planning statutory review has been refused by the High Court on the papers and recorded as totally without merit in accordance with rule 23.12, an application for permission to appeal may be made to the Court of Appeal.

(3) An application under paragraph (1) must be made within 7 days of the decision of the High Court to refuse to give permission to apply for a planning statutory review.

(4) An application under paragraph (2) must be made within 7 days of service of the order of the High Court refusing permission to apply for a planning statutory review.

(5) On an application under paragraph (1) or (2) the Court of Appeal may, instead of giving permission to appeal, give permission to apply for a planning statutory review.

(6) Where the Court of Appeal gives permission to apply for a planning statutory review in accordance with paragraph (5), the case will proceed in the High Court unless the Court of Appeal orders otherwise.

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Appeals from the Employment Appeal Tribunal

52.11

(1) Where on an appeal to the Employment Appeal Tribunal either—

(a) the appellant or special advocate has been given notice under rule 3(7) of the Employment Appeal Tribunal Rules 1993²(“the 1993 Rules”) and an order has been made under rule 3(7ZA) of those Rules; or

(b) a direction has been made under rule 3(10) of the 1993 Rules that no further action shall be taken on the notice of appeal,

the appellant may apply to the Court of Appeal for permission to appeal.

(2) An application under paragraph (1) must be made within 7 days of the date of—

(a) service of the notice under rule 3(7) of the 1993 Rules; or

(b) the direction made under rule 3(10) of those Rules,

as the case may be.

(3) The Court of Appeal may, instead of giving permission to appeal, direct that the notice under rule 3(7) of the 1993 Rules or (as the case may be) the direction under rule 3(10) of those Rules shall be of no effect so that the appeal shall proceed in the Employment Appeal Tribunal as if the notice or direction had not been given or made, but such a direction shall not be given unless the test for the grant of permission to appeal under rule 52.6(2) is met.

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IV ADDITIONAL RULES

Appellant’s notice

52.12

(1) Where the appellant seeks permission from the appeal court, it must be requested in the appellant’s notice.

(2) The appellant must file the appellant’s notice at the appeal court within—

(a) such period as may be directed by the lower court at the hearing at which the decision to be appealed was made or any adjournment of that hearing (which may be longer or shorter than the period referred to in sub-paragraph (b)); or

(b) where the court makes no such direction, and subject to the specific provision about time limits in rules 52.8 to 52.11 and Practice Direction 52D, 21 days after the date of the decision of the lower court which the appellant wishes to appeal.

(3) Subject to paragraph (4) and unless the appeal court orders otherwise, a sealed copy of the appellant’s notice must be served on each respondent—

(a) as soon as practicable; and

(b) in any event where it is served by the appellant not later than 14 days,

after it is sealed.

(4) Where an appellant seeks permission to appeal against a decision to refuse to grant an interim injunction under section 41 of the Policing and Crime Act 2009³, the appellant is not required to serve the appellant’s notice on the respondent.

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Respondent’s notice

52.13

(1) A respondent may file and serve a respondent’s notice.

(2) A respondent who—

(a) is seeking permission to appeal from the appeal court; or

(b) wishes to ask the appeal court to uphold the decision of the lower court for reasons different from or additional to those given by the lower court,

must file a respondent’s notice.

(3) Where the respondent seeks permission from the appeal court it must be requested in the respondent’s notice.

(4) A respondent’s notice must be filed within—

(a) such period as may be directed by the lower court at the hearing at which the decision to be appealed was made or any adjournment of that hearing; or

(b) where the court makes no such direction, 14 days after the date in paragraph (5).

(5) The date referred to in paragraph (4) is—

(a) the date the respondent is served with the appellant’s notice where—

(i) permission to appeal was given by the lower court; or

(ii) permission to appeal is not required;

(b) the date the respondent is served with notification that the appeal court has given the appellant permission to appeal; or

(c) the date the respondent is served with notification that the application for permission to appeal and the appeal itself are to be heard together.

(6) Unless the appeal court orders otherwise, a respondent’s notice must be served on the appellant and any other respondent—

(a) as soon as practicable; and

(b) in any event not later than 7 days,

after it is filed.

(7) This rule does not apply where rule 52.12(4) applies.

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Transcripts at public expense

52.14

(1) Subject to paragraph (2), the lower court or the appeal court may direct, on the request of a party to the proceedings, that an official transcript of the judgment of the lower court, or of any part of the evidence or the proceedings in the lower court, be obtained at public expense for the purposes of an appeal.

(2) Before making a direction under paragraph (1), the court must be satisfied that—

(a) the requesting party qualifies for fee remission or is otherwise in such poor financial circumstances that the cost of obtaining a transcript would be an excessive burden; and

(b) it is necessary in the interests of justice for such a transcript to be obtained.

(3) A request under paragraph (1) must be made on the approved form.

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Variation of time

52.15

(1) An application to vary the time limit for filing an appeal notice must be made to the appeal court.

(2) The parties may not agree to extend any date or time set by—

(a) these Rules;

(b) Practice Directions 52A to 52E; or

(c) an order of the appeal court or the lower court.

(Rule 3.1(2)(a) provides that 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).)

(Rule 3.1(2)(b) provides that the court may adjourn or bring forward a hearing.)

Variation of time in certain contempt proceedings

52.15A A defendant in contempt proceedings may apply to extend the time set out at rule 52.3A(1)(a) and (b)

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Stay^(GL)

52.16 Unless—

(a) the appeal court or the lower court orders otherwise; or

(b) the appeal is from the Immigration and Asylum Chamber of the Upper Tribunal,

an appeal shall not operate as a stay of any order or decision of the lower court.

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Amendment of appeal notice

52.17  An appeal notice may not be amended without the permission of the appeal court.

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Striking out^(GL) appeal notices and setting aside^(GL) or imposing conditions on permission to appeal

52.18

(1) The appeal court may—

(a) strike out the whole or part of an appeal notice;

(b) set aside permission to appeal in whole or in part;

(c) impose or vary conditions upon which an appeal may be brought.

(2) The court will only exercise its powers under paragraph (1) where there is a compelling reason for doing so.

(3) Where a party was present at the hearing at which permission was given, that party may not subsequently apply for an order that the court exercise its powers under sub-paragraphs (1)(b) or (1)(c).

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Orders to limit the recoverable costs of an appeal – general

52.19

(1) Subject to rule 52.19A, in any proceedings in which costs recovery is normally limited or excluded at first instance, an appeal court may make an order that the recoverable costs of an appeal will be limited to the extent which the court specifies.

(2) In making such an order the court will have regard to—

(a) the means of both parties;

(b) all the circumstances of the case; and

(c) the need to facilitate access to justice.

(3) If the appeal raises an issue of principle or practice upon which substantial sums may turn, it may not be appropriate to make an order under paragraph (1).

(4) An application for such an order must be made as soon as practicable and will be determined without a hearing unless the court orders otherwise.

Orders to limit the recoverable costs of an appeal – appeals in Aarhus Convention claims

52.19A

(1) In this rule, “Aarhus Convention claim” and “prohibitively expensive” have the same meanings as in Section IX of Part 46, and “claimant” means a claimant to whom rules 46.26 to 46.28 apply.

(2) In an appeal against a decision made in an Aarhus Convention claim to which rules 46.26 to 46.28 apply, the court must—

(a) consider whether the costs of the proceedings will be prohibitively expensive for a party who was a claimant; and

(b) if they will be, make an order limiting the recoverable costs to the extent necessary to prevent this.

(3) When the court considers the financial resources of a party for the purposes of this rule, it must have regard to any financial support which any person has provided or is likely to provide to that party.

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Appeal court’s powers

52.20

(1) In relation to an appeal the appeal court has all the powers of the lower court.

(Rule 52.1(4) provides that this Part is subject to any enactment that sets out special provisions with regard to any particular category of appeal. Where such an enactment gives a statutory power to a tribunal, person or other body, it may be the case that the appeal court may not exercise that power on an appeal.)

(2) The appeal court has power to—

(a) affirm, set aside or vary any order or judgment made or given by the lower court;

(b) refer any claim or issue for determination by the lower court;

(c) order a new trial or hearing;

(d) make orders for the payment of interest;

(e) make a costs order.

(3) In an appeal from a claim tried with a jury the Court of Appeal may, instead of ordering a new trial—

(a) make an order for damages; or

(b) vary an award of damages made by the jury.

(4) The appeal court may exercise its powers in relation to the whole or part of an order of the lower court.

(Part 3 contains general rules about the court’s case management powers.)

(5) If the appeal court—

(a) refuses an application for permission to appeal;

(b) strikes out an appellant’s notice; or

(c) dismisses an appeal,

and it considers that the application, the appellant’s notice or the appeal is totally without merit, the provisions of paragraph (6) must be complied with.

(6) Where paragraph (5) applies—

(a) the court’s order must record the fact that it considers the application, the appellant’s notice or the appeal to be totally without merit; and

(b) the court must at the same time consider whether it is appropriate to make a civil restraint order.

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Hearing of appeals

52.21

(1) Every appeal will be limited to a review of the decision of the lower court unless—

(a) a practice direction makes different provision for a particular category of appeal; or

(b) the court considers that in the circumstances of an individual appeal it would be in the interests of justice to hold a re-hearing.

(2) Unless it orders otherwise, the appeal court will not receive—

(a) oral evidence; or

(b) evidence which was not before the lower court.

(3) The appeal court will allow an appeal where the decision of the lower court was—

(a) wrong; or

(b) unjust because of a serious procedural or other irregularity in the proceedings in the lower court.

(4) The appeal court may draw any inference of fact which it considers justified on the evidence.

(5) At the hearing of the appeal, a party may not rely on a matter not contained in that party’s appeal notice unless the court gives permission.

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Non-disclosure of Part 36 offers and payments

52.22

(1) Unless the appeal court otherwise orders, the fact that a Part 36 offer or payment into court has been made must not be disclosed to any judge of the appeal court who is to hear or determine—

(a) an application for permission to appeal

(b) an appeal;

until all questions (other than costs) have been determined.

(2) Paragraph (1) does not apply if the Part 36 offer or payment into court is relevant to the substance of the appeal.

(3) Paragraph (1) does not prevent disclosure in any application in the appeal proceedings if disclosure of the fact that a Part 36 offer or payment into court has been made is properly relevant to the matter to be decided.

(Rule 36.4 has the effect that a Part 36 offer made in proceedings at first instance will not have consequences in any appeal proceedings. Therefore, a fresh Part 36 offer needs to be made in appeal proceedings. However, this rule applies to a Part 36 offer whether made in the original proceedings or in the appeal.)

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V SPECIAL PROVISIONS RELATING TO THE COURT OF APPEAL

Assignment of appeals to the Court of Appeal

52.23

(1) Where the court from or to which an appeal is made or from which permission to appeal is sought (“the relevant court”) considers that—

(a) an appeal which is to be heard by the County Court or the High Court would raise an important point of principle or practice; or

(b) there is some other compelling reason for the Court of Appeal to hear it,

the relevant court may order the appeal to be transferred to the Court of Appeal.

(The Master of the Rolls has the separate statutory power to direct that an appeal which would be heard by the County Court or the High Court should be heard instead by the Court of Appeal – see section 57 of the Access to Justice Act 1999⁴.)

(2) The Master of the Rolls or the Court of Appeal may remit an appeal to the court in which the original appeal was or would have been brought.

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Who may exercise the powers of the Court of Appeal

52.24

(1) A court officer assigned to the Civil Appeals Office who is—

(a) a barrister; or

(b) a solicitor; or

(c) a Fellow of the Chartered Institute of Legal Executives or a CILEX lawyer,

may exercise the jurisdiction of the Court of Appeal with regard to the matters set out in paragraph (2) with the consent of the Master of the Rolls.

(2) The matters referred to in paragraph (1) are—

(a) any matter incidental to proceedings in the Court of Appeal;

(b) any other matter where there is no substantial dispute between the parties; and

(c) the dismissal of an appeal or application where a party has failed to comply with any order, rule or practice direction.

(3) A court officer may not decide an application for—

(a) permission to appeal;

(b) bail pending an appeal;

(c) an injunction^(GL);

(d) a stay^(GL) of execution of any order or decision of the lower court other than a temporary stay over a period when the Court of Appeal is not sitting or cannot conveniently be convened;

(e) a stay of proceedings in the lower court.

(4) Decisions of a court officer will be made without an oral hearing, unless a court officer directs otherwise.

(5) A party may request any decision of a court officer to be reviewed by a single judge, and—

(a) the review will be determined on paper without an oral hearing; except that

(b) the judge determining the review on paper may direct that the review be determined at an oral hearing, and must so direct if the judge is of the opinion that the review cannot be fairly determined on paper without an oral hearing.

(6) A party may request a decision of a single judge made without a hearing (other than a decision made on a review under paragraph (5) and a decision determining an application for permission to appeal) to be reconsidered, and—

(a) the reconsideration will be determined by the same or another judge on paper without an oral hearing; except that

(b) the judge determining the reconsideration on paper may direct that the reconsideration be determined at an oral hearing, and must so direct if the judge is of the opinion that the reconsideration cannot be fairly determined on paper without an oral hearing.

(7) A request under paragraph (5) or (6) must be filed within 7 days after the party is served with notice of the decision.

(8) A single judge may refer any matter for a decision by a court consisting of two or more judges.

(Section 54(4) of the Access to Justice Act 1999⁵provides that there is no appeal from the decision of a single judge on an application for permission to appeal.)

(Section 58(2) of the Senior Courts Act 1981⁶ provides that there is no appeal to the Supreme Court from decisions of the Court of Appeal that—

(a) are taken by a single judge or any officer or member of staff of that court in proceedings incidental to any cause or matter pending before the civil division of that court; and

(b) do not involve the determination of an appeal or of an application for permission to appeal,

and which may be called into question by rules of court. Paragraphs (5) and (6) of this rule provide the procedure for the calling into question of such decisions.)

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VI SPECIAL PROVISIONS RELATING TO STATUTORY APPEALS

Statutory appeals – court’s power to hear any person

52.25

(1) In a statutory appeal any person may apply for permission—

(a) to file evidence; or

(b) to make representations at the appeal hearing.

(2) An application under paragraph (1) must be made promptly.

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Appeals under the Law of Property Act 1922

52.26 An appeal lies to the High Court against a decision of the Secretary of State under paragraph 16 of Schedule 15 to the Law of Property Act 1922⁷.

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Appeals from certain tribunals

52.27

(1) A person who was a party to proceedings before a tribunal referred to in section 11(1) of the Tribunals and Inquiries Act 1992⁸and is dissatisfied in point of law with the decision of the tribunal may appeal to the High Court.

(2) The tribunal may, on its own initiative or at the request of a party to the proceedings before it, state, in the form of a special case for the decision of the High Court, a question of law arising in the course of the proceedings.

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Appeals under certain planning legislation

52.28

(1) Where the Secretary of State has given a decision in proceedings on an appeal under Part VII of the Town and Country Planning Act 1990⁹against an enforcement notice—

(a) the appellant;

(b) the local planning authority; or

(c) another person having an interest in the land to which the notice relates,

may appeal to the High Court against the decision on a point of law.

(2) Where the Secretary of State has given a decision in proceedings on an appeal under Part VIII of that Act against a notice under section 207 of that Act—

(a) the appellant;

(b) the local planning authority; or

(c) another person (other than the appellant) on whom the notice was served,

may appeal to the High Court against the decision on a point of law.

(3) Where the Secretary of State has given a decision in proceedings on an appeal under section 39 of the Planning (Listed Buildings and Conservation Areas) Act 1990¹⁰against a listed building enforcement notice—

(a) the appellant;

(b) the local planning authority; or

(c) any other person having an interest in the land to which the notice relates,

may appeal to the High Court against the decision on a point of law.

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Appeals under certain legislation relating to pensions

52.29 Where an appeal lies to the High Court—

(a) under section 151(4) of the Pension Schemes Act 1993¹¹from a determination or direction of the Pensions Ombudsman; or

(b) under section 217(1) of the Pensions Act 2004¹²from a determination or direction of the Pension Protection Fund Ombudsman,

the permission of the High Court is required for such an appeal to be brought.

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VII REOPENING FINAL APPEALS

Reopening of final appeals

52.30

(1) The Court of Appeal or the High Court will not reopen a final determination of any appeal unless—

(a) it is necessary to do so in order to avoid real injustice;

(b) the circumstances are exceptional and make it appropriate to reopen the appeal; and

(c) there is no alternative effective remedy.

(2) In paragraphs (1), (3), (4) and (6), “appeal” includes an application for permission to appeal.

(3) This rule does not apply to appeals to the County Court.

(4) Permission is needed to make an application under this rule to reopen a final determination of an appeal even in cases where under rule 52.3(1) permission was not needed for the original appeal.

(5) There is no right to an oral hearing of an application for permission unless, exceptionally, the judge so directs.

(6) The judge must not grant permission without directing the application to be served on the other party to the original appeal and giving that party an opportunity to make representations.

(7) There is no right of appeal or review from the decision of the judge on the application for permission, which is final.

(8) The procedure for making an application for permission is set out in Practice Direction 52A.

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Footnotes

1. 1989 c.41. Back to text
2. S.I. 1993/2854. Rule 3 was substituted by S.I. 2001/1128, rule 3; paragraph (7) was substituted by S.I. 2004/2526, rule 4(7) and amended by S.I. 2013/1693, rule 3(a); paragraph (7ZA) was inserted by S.I. 2013/1693, rule 3(b); and paragraph (10) was substituted by S.I. 2004/2526, rule 1(1), and amended by S.I. 2013/1693, rule 3(b). Back to text
3. 2009 c. 26. Back to text
4. 1999 c. 22. Section 57(1) was amended by section 40(4) of and paragraph 68 of Schedule 9 to the Constitutional Reform Act 2005 (c. 4). Back to text
5. 1999 c. 22. Section 54 was amended by section 17 and paragraph 52 of Schedule 9 to the Crime and Courts Act 2013 (c. 22). Back to text
6. 1981 c. 54. Section 58 was substituted by section 60 of the Access to Justice Act 1999 (c. 22) and amended by section 59 of and paragraph 26(2) of Schedule 11 to the Constitutional reform Act 2005 (c. 4).Back to text
7. 1922 c. 16. Paragraph 16 was amended by paragraph 5 of Schedule 2 to the Law of Property (Amendment) Act 1924 (c. 5), and by S.I. 2002/1794, article 5 and Schedule 1 paragraph 1(d).. Back to text
8. 1992 c. 53. Section 11(1) was amended by section 9 of the Sea Fish (Conservation) Act 1992 (c. 60) and section 42(10 of and paragraphs 19 and 20 of Schedule 8 to the Special Educational Needs and Disability Act 2001 (c. 10); and by S.I. 2001/3649 article 336, S.I. 2008/2833 article 9(1) and Schedule 3 paragraphs 105 and 106, S.I. 2009/1307 article 5(1) and (2) and Schedule 1 paragraphs 244 and 245, and S.I. 2013/1036 article 6(1) and Schedule 1 paragraphs 96 and 97. Back to text
9. 1990 c. 8. Back to text
10. 1990 c. 39. Back to text
11. 1993 c. 48. Back to text
12. 2004 c. 35. Back to text

This Practice Direction supplements CPR Part 34

Contents of this Practice Direction

Title	Number
WITNESS SUMMONSES
Issue of witness summons	Para. 1.1
Witness summons issued in aid of an inferior court or tribunal	Para. 2.1
Travelling expenses and compensation for loss of time	Para. 3.1
DEPOSITIONS
To be taken in England and Wales for use as evidence in proceedings in courts in England and Wales	Para. 4.1
Depositions to be taken abroad for use as evidence in proceedings before courts in England and Wales	Para. 5.1
Depositions to be taken in England and Wales for use as evidence in proceedings before courts abroad pursuant to letters of request	Para. 6.1
Annex A

WITNESS SUMMONSES

Issue of witness summons

1.1 A witness summons may require a witness to:

(1) attend court to give evidence,

(2) produce documents to the court, or

(3) both,

on either a date fixed for the hearing or such date as the court may direct¹.

1.2 Two copies of the witness summons² should be filed with the court for sealing, one of which will be retained on the court file.

1.3 A mistake in the name or address of a person named in a witness summons may be corrected if the summons has not been served.

1.4 The corrected summons must be re-sealed by the court and marked ‘Amended and Re-Sealed’.

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Witness summons issued in aid of an inferior court or tribunal

2.1 A witness summons may be issued in the High Court or the County Court in aid of a court or tribunal which does not have the power to issue a witness summons in relation to the proceedings before it³.

2.2 A witness summons referred to in paragraph 2.1 may be set aside by the court which issued it⁴.

2.3 An application to set aside a witness summons referred to in paragraph 2.1 will be heard:

(1) in the High Court by a Master at the Royal Courts of Justice or by a District Judge in a District Registry, and

(2) in the County Court by a District Judge.

2.4 Unless the court otherwise directs, the applicant must give at least 2 days’ notice to the party who issued the witness summons of the application, which will normally be dealt with at a hearing.

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Travelling expenses and compensation for loss of time

3.1 When a witness is served with a witness summons they must be offered a sum to cover his travelling expenses to and from the court and compensation for their loss of time⁵.

3.2 If the witness summons is to be served by the court, the party issuing the summons must deposit with the court:

(1) a sum sufficient to pay for the witness’s expenses in travelling to the court and in returning to his home or place of work, and

(2) a sum in respect of the period during which earnings or benefit are lost, or such lesser sum as it may be proved that the witness will lose as a result of his attendance at court in answer to the witness summons.

3.3 The sum referred to in 3.2(2) is to be based on the sums payable to witnesses attending the Crown Court⁶.

3.4 Where the party issuing the witness summons wishes to serve it they must

(1) notify the court in writing that they wish to do so, and

(2) at the time of service offer the witness the sums mentioned in paragraph 3.2 above.

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DEPOSITIONS

To be taken in England and Wales for use as evidence in proceedings in courts in England and Wales

4.1 A party may apply for an order for a person to be examined on oath before:

(1) a judge,

(2) an examiner of the court, or

(3) such other person as the court may appoint⁸.

4.2 The party who obtains an order for the examination of a deponent before an examiner of the court must:

(1) apply to the Foreign Process Section at the Royal Courts of Justice for the allocation of an examiner; alternatively engage a person who satisfies the criteria in CPR 34.8 (3) (a) or (c);

(2) when allocated or engaged, provide the examiner with copies of all documents in the proceedings necessary to inform the examiner of the issues; and

(3) pay the deponent a sum to cover their travelling expenses to and from the examination and compensation for their loss of time

4.3 In ensuring that the deponent’s evidence is recorded in full, the court or the examiner may permit it to be recorded by audio or video, but the deposition¹² must always be recorded in writing by them or by a competent shorthand writer or stenographer.

4.4 If the deposition is not recorded word for word, it must contain, as nearly as may be, the statement of the deponent; the examiner may record word for word any particular questions and answers which appear to them to have special importance.

4.5 If a deponent objects to answering any question or where any objection is taken to any question, the examiner must:

(1) record in the deposition or a document attached to it –

(a) the question,

(b) the nature of and grounds for the objection, and

(c) any answer given, and

(2) give their opinion as to the validity of the objection and must record it in the deposition or a document attached to it.

The court will decide as to the validity of the objection and any question of costs arising from it.

4.6 Documents and exhibits must:

(1) have an identifying number or letter marked on them by the examiner, and

(2) be preserved by the party or their legal representative¹³ who obtained the order for the examination, or as the court or the examiner may direct.

4.7 The examiner may put any question to the deponent as to:

(1) the meaning of any of their answers, or

(2) any matter arising in the course of the examination.

4.8 Where a deponent:

(1) fails to attend the examination, or

(2) refuses to:

(a) be sworn, or

(b) answer any lawful question, or

(c) produce any document,

the examiner will sign a certificate¹⁴ of such failure or refusal and may include in their certificate any comment as to the conduct of the deponent or of any person attending the examination.

4.9 The party who obtained the order for the examination must file the certificate with the court and may apply for an order that the deponent attend for examination or as may be¹⁵. The application may be made without notice¹⁶.

4.10 The court will make such order on the application as it thinks fit including an order for the deponent to pay any costs resulting from their failure or refusal¹⁷.

4.11 A deponent who wilfully refuses to obey an order made against them under Part 34 may be proceeded against for contempt of court.

4.12 A deposition must:

(1) be signed by the examiner,

(2) have any amendments to it initialled by the examiner and the deponent,

(3) be endorsed by the examiner with –

(a) a statement of the time occupied by the examination, and

(b) a record of any refusal by the deponent to sign the deposition and of their reasons for not doing so, and

(4) be sent by the examiner to the court where the proceedings are taking place for filing on the court file.

4.13 Rule 34.14 deals with the fees and expenses of an examiner.

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Depositions to be taken abroad for use as evidence in proceedings before courts in England and Wales

5.1 Where a party wishes to take a deposition from a person outside the jurisdiction, the High Court may order the issue of a letter of request to the judicial authorities of the country in which the proposed deponent is¹⁸.

5.2 An application for an order referred to in paragraph 5.1 should be made by application notice in accordance with Part 23.

5.3 The documents which a party applying for an order for the issue of a letter of request must file with their application notice are set out in rule 34.13(6). They are as follows:

(1) a draft letter of request in the form set out in Annex A to this practice direction,

(2) a statement of the issues relevant to the proceedings,

(3) a list of questions or the subject matter of questions to be put to the proposed deponent,

(4) a translation of the documents in (1), (2) and (3) above, unless the proposed deponent is in a country of which English is an official language, and

(5) an undertaking to be responsible for the expenses of the Secretary of State (see Form PF78: Solicitor’s Undertaking as to Expenses (rule 34.13(6)(b)) – GOV.UK (www.gov.uk)

In addition to the documents listed above the party applying for the order must file a draft order.

5.4 The above documents should be filed with the Foreign Process Section of the Royal Courts of Justice..

5.5 The application will be dealt with by the Senior Master of the King’s Bench Division of the High Court who will, if appropriate, sign the letter of request.

5.6 Attention is drawn to the provisions of rule 23.10 (application to vary or discharge an order made without notice).

5.7 If parties are in doubt as to whether a translation under paragraph 5.3(4) above is required, they should seek guidance from the Foreign Process Section.

5.8 A special examiner appointed under rule 34.13(4) may be the British Consul or the Consul-General or his deputy in the country where the evidence is to be taken if:

(1) there is in respect of that country a Civil Procedure Convention providing for the taking of evidence in that country for the assistance of proceedings in the High Court or other court in this country, or

(2) with the consent of the Secretary of State.

5.9 The provisions of paragraphs 4.1 to 4.12 above apply to the depositions referred to in this paragraph.

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Depositions to be taken in England and Wales for use as evidence in proceedings before courts abroad pursuant to letters of request

6.1 Section II of Part 34 relating to obtaining evidence for foreign courts applies to letters of request and should be read in conjunction with this part of the practice direction.

6.2 The Evidence (Proceedings in Other Jurisdictions) Act 1975 applies to these depositions.

6.3 An application under rule 34.17 must be filed with the Foreign Process Section at the Royal Courts of Justice and include or exhibit—

(1) a statement of the issues relevant to the proceedings;

(2) a list of questions or the subject matter of questions to be put to the proposed deponent;

(3) a translation of the documents in (1) and (2) into English, if necessary; and

(4) where the application is made by an application notice under Part 23 in accordance with rule 34.17(2)(a), a draft order.”

6.4

(1) The Senior Master will send to the Treasury Solicitor any request –

(a) forwarded by the Secretary of State with a recommendation that effect should be given to the request without requiring an application to be made; or

(b) received by him in pursuance of a Civil Procedure Convention providing for the taking of evidence of any person in England and Wales to assist a court or tribunal in a foreign country where no person is named in the document as the applicant.

(2) In relation to such a request, the Treasury Solicitor may, with the consent of the Treasury –

(a) apply for an order under the 1975 Act; and

(b) take such other steps as are necessary to give effect to the request.

6.5 The order for the deponent to attend and be examined together with the evidence upon which the order was made must be served on the deponent.

6.6 Attention is drawn to the provisions of rule 23.10 (application to vary or discharge an order made without notice).

6.7 Arrangements for the examination to take place at a specified time and place before an examiner of the court or such other person as the court may appoint shall be made by the applicant for the order and approved by the Senior Master.

6.8 The provisions of paragraph 4.2 to 4.12 apply to the depositions referred to in this paragraph, except that the examiner must send the deposition to the Senior Master.

(For further information about evidence see Part 32 and Practice Direction 32.)

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Annex A Draft Letter of Request (where the Taking of Evidence Regulation does not apply)

To the Competent Judicial Authority of  [name of court] in [country]       

I [name] Senior Master of the King’s Bench Division of the Senior Courts of England and Wales respectfully request the assistance of your court with regard to the following matters.

1

A claim is now pending in the            Division of the High Court of Justice in England and Wales entitled as follows [set out full title and claim number] in which [name] of [address] is the claimant and [name] of [address] is the defendant.

2

The names and addresses of the representatives or agents of [set out names and addresses of representatives of the parties].

3

The claim by the claimant is for:-

(a) [set out the nature of the claim]

(b) [the relief sought, and]

(c) [a summary of the facts.]

4

It is necessary for the purposes of justice and for the due determination of the matters in dispute between the parties that you cause the following witnesses, who are resident within your jurisdiction, to be examined. The names and addresses of the witnesses are as follows:

5

The witnesses should be examined on oath or if that is not possible within your laws or is impossible of performance by reason of the internal practice and procedure of your court or by reason of practical difficulties, they should be examined in accordance with whatever procedure your laws provide for in these matters.

6

Either/

The witnesses should be examined in accordance with the list of questions annexed hereto.

Or/

The witnesses should be examined regarding [set out full details of evidence sought]

N.B. Where the witness is required to produce documents, these should be clearly identified.

7

I would ask that you cause me, or the agents of the parties (if appointed), to be informed of the date and place where the examination is to take place.

8

Finally, I request that you will cause the evidence of the said witnesses to be reduced into writing and all documents produced on such examinations to be duly marked for identification and that you will further be pleased to authenticate such examinations by the seal of your court or in such other way as is in accordance with your procedure and return the written evidence and documents produced to me addressed as follows:

Senior Master of the King’s Bench Division

Royal Courts of Justice

Strand

London WC2A 2LL

England

Dated

Signed

Senior Master of the King’s Bench Division

Footnotes

1. Rule 34.2(4). Back to text

2. In practice form N20. Back to text

3. Rule 34.4(1). Back to text

4. Rule 34.4(2). Back to text

5. Rule 34.7. Back to text

6. Fixed pursuant to the Prosecution of Offences Act 1985 and the Costs in Criminal Cases General Regulations 1986. Back to text

7. Rule 34.6(1). Back to text

8. Rule 34.8(3). Back to text

9. See rule 34.8(2) for explanation of `deponent’ and `deposition’. Back to text

10. For the appointment of examiners of the court see rule 34.15. Back to text

11. Rule 34.8(6). Back to text

12. See rule 34.8(2) for explanation of `deponent’ and `deposition’. Back to text

13. For the definition of legal representative see rule 2.3. Back to text

14. Rule 34.10. Back to text

15. Rule 34.10(2) and (3). Back to text

16. Rule 34.10(3).Back to text

17. Rule 34.10(4).Back to text

18. Rule 34.13(1).Back to text