UK Statutory Instrument
1998
United Kingdom
The Civil Procedure Rules 1998
At a glance
What's here
13 compliance obligations
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Schedules
Browse 41 other Schedules — structural / supplementary
Giving effect to an overseas freezing order – registration
Notice of registration of an overseas freezing order
Application to cancel the registration of, or vary, an overseas freezing order
Notice of claim to non—parties
Review by court officer in default of payment
Mortgage possession claims
Transfer to leasehold valuation tribunal
Communications Act 2003
Applications under section 19 of the Trade Marks Act 1994
Description of parties
Applications under section 114, 204 and 231 of the Copyright, Designs and Patents Act 1988
Housing Act 1988: assured shorthold tenancies
Housing Act 1996: injunctions ...
Failure by debtor
Suspended committal order
Definitions
Where persons interested in the ship or cargo are unable...
General Provisions as to Appeals
Special Provisions as to Particular Appeals
Order to apply to county court
Application for, and grant of, permission to serve claim form out of jurisdiction
Service of claim form abroad: general
Service of claim form abroad through foreign governments, judicial authorities and British consuls
Service of claim form in certain actions under certain Acts
Undertaking to pay expenses of service by Secretary of State
Applications for an interim remedy under section 25 (1) of the Civil Jurisdiction and Judgments Act 1982
Service of petition and order etc.
Service of Part 20 claim form
Appeal: preliminary statement of facts by Secretary of State
Special provisions as to appeals
Reference of question of law
Powers of Court hearing appeal or reference
I. Sales, etc. of Land by Order of Court
II. Conveyancing Counsel of the Court
Part I—Land
Part II—Interim Possession Orders
Part I—General
Part II—Consolidated Attachment of Earnings Orders
Part I Under Execution
Part II— Otherwise than under Execution
Notice of objection by creditor
- Creditors must object to debts in writing at least 7 days before the hearing
Procedure on day of hearing
- Prove your debt if the court requires evidence at the hearing
Offer to settle a claim for provisional damages
- Apply to court within 7 days of accepting a Part 36 offer for provisional damages
Deduction of benefits and lump sum payments
- Handle benefit deductions correctly when making a Part 36 offer
Assessment procedure
- Solicitor must serve breakdown of costs within 28 days of court order
Obligations of third parties served with interim order
- Search and disclose account information within 7 days of interim order
Warrants where the debtor is a farmer
- Provide Land Registry certificate when enforcing against a farmer debtor
Warrants of possession
- File required certificates when applying for a warrant of possession
Procedure for making a claim to controlled goods
- Notify enforcement agent of claim to controlled goods within 7 days
Procedure for making a claim against executed goods
- Notify enforcement officer within 7 days if your goods are seized
Procedure for a debtor making a claim to exempt goods
- Notify enforcement agent of claim to exempt goods within 7 days of removal
Service and reply
- File a completed reply form within 8 days of service
Suspended committal order
- Serve copy of suspended committal order on the debtor
Browse 1619 other sections — procedural / definitional / commencement
Subsequent objection by creditor
Subsequent proof by creditor
Permission to present bankruptcy petition
Orders made by the court officer
Costs on judgment without trial for possession of land
The costs to be allowed under this Part of this...
Assignment of proceedings
Time limit for making application
Application
Notice to the acquitted person
Witness statement or affidavit of service on an acquitted person
Response of acquitted person
Evidence
Determination of the application
Interpretation
Registration of ICC orders for enforcement
Scope
Who may exercise the powers of the High Court
Judicial review of decisions of the Upper Tribunal
Reply to acknowledgment of service
Acknowledgment of service
Consequence of not filing an acknowledgment of service
The period for filing an acknowledgment of service
Notice to claimant that defendant has filed an acknowledgment of service
Contents of acknowledgment of service
Amendment or withdrawal of an acknowledgment of service
The overriding objective
Procedure for disputing the court’s jurisdiction
Application by the court of the overriding objective
Meaning of ‘default judgment’
Procedure for obtaining a default judgment for costs only
Default judgment obtained by making an application
Supplementary provisions where applications for default judgment are made
Claims in which default judgment may not be obtained
Conditions to be satisfied
Procedure for obtaining default judgment
Nature of judgment where default judgment obtained by filing a request
County Court Money Claims
Interest
Procedure for deciding an amount or value
Claim against more than one defendant
Duty of the parties
Scope of this Part
Cases where the court must set aside judgment entered under Part 12
Cases where the court may set aside or vary judgment entered under Part 12
Application to set aside or vary judgment—procedure
Claimant’s duty to apply to set aside judgment
Abandoned claim restored where default judgment set aside
Court’s duty to manage cases
Admissions made before commencement of proceedings
Admissions made after commencement of proceedings
Admissions made under the RTA Protocol, the EL/PL Protocol or the RTA Small Claims Protocol
Application for judgment on admission
Application for permission to withdraw admission
Time to pay
Request for judgment for an amount of money to be decided by the court – claims in the Civil National Business Centre
The Welsh language
Part not to apply where claimant uses Part 8 procedure
Claimant’s notice where defence is that money claimed has been paid
Claim stayed if it is not defended or admitted
Filing a defence
Consequence of not filing a defence
The period for filing a defence
Agreement extending the period for filing a defence
Service of copy of defence
Making a counterclaim
Reply to defence and defence to counterclaim
No statement of case after a reply to be filed without court’s permission
Participation of vulnerable parties or witnesses
Part not to apply where claimant uses Part 8 procedure
Contents of the claim form
Statement of value to be included in the claim form
Contents of the particulars of claim
Contents of defence
Defence of set-off
Reply to defence
Court’s power to dispense with statements of case
Amendments to statements of case
Power of court to disallow amendments made without permission
Amendments to statements of case with the permission of the court
Amendments to statements of case after the end of a relevant limitation period
Obtaining further information
Restriction on the use of further information
Parties—general
Representation of beneficiaries by trustees etc.
Postal Services Act 2000
Death
Power to make judgments binding on non-parties
Derivative claims– how started
Derivative claims under Chapter 1 of Part 11 of the Companies Act 2006 – application for permission
Derivative claims under Chapter 1 of Part 11 of the Companies Act 2006 – members of companies taking over claims by companies or other members
Derivative claims – other bodies corporate and trade unions
Derivative claims arising in the course of other proceedings
Derivative claims – costs
Change of parties—general
Derivative claims – discontinuance and settlement
Definition
Group Litigation Order
Effect of the GLO
Case management
Removal from the register
Test claims
Provisions applicable where two or more persons are jointly entitled to a remedy
Procedure for adding and substituting parties
Section 4 of the Human Rights Act 1998
Human Rights
Special rules about parties in claims for wrongful interference with goods
Special provisions about adding or substituting parties after the end of a relevant limitation period
Special rules about parties in claims for wrongful interference with goods
Representation of beneficiaries by trustees etc.
Postal Services Act 2000 (c. 26)
Representative parties with same interest
Power to make judgments binding on non-parties
Representation of interested persons who cannot be ascertained etc.
Derivative claims under Chapter 1 of Part 11 of the Companies Act 2006 – application for permission
Derivative claims under Chapter 1 of Part 11 of the Companies Act 2006 – members of companies taking over claims by companies or other members
Derivative claims – other bodies corporate and trade unions
Derivative claims arising in the course of other proceedings
Derivative claims – costs
Derivative claims – discontinuance and settlement
Purpose of this Part
Effect of service of an additional claim
Special provisions relating to default judgment on an additional claim other than a counterclaim or a contribution or indemnity notice
Procedural steps on service of an additional claim form on a non-party
Case management where a defence to an additional claim is filed
Scope and interpretation
Application of these Rules to additional claims
Defendant’s counterclaim against the claimant
Counterclaim against a person other than the claimant
Defendant’s additional claim for contribution or indemnity from another party
Procedure for making any other additional claim
Service of claim form
Matters relevant to question of whether an additional claim should be separate from the claim
Application of the Rules
Meaning of “month” in judgments, etc.
Time limits may be varied by parties
Scope of this Part
Compromise etc. by or on behalf of a child or protected party
Control of money recovered by or on behalf of a child or protected party
Costs and expenses incurred by a litigation friend
Appointment of a guardian of a child’s estate
Requirement for a litigation friend in proceedings by or against children and protected parties
Stage of proceedings at which a litigation friend becomes necessary
Who may be a litigation friend without a court order
How a person becomes a litigation friend without a court order
How a person becomes a litigation friend by court order
Court’s power to change a litigation friend and to prevent person acting as a litigation friend
Appointment of a litigation friend by court order – supplementary
Procedure where appointment of a litigation friend ceases
The glossary
Documents to be verified by a statement of truth
Failure to verify a statement of case
Failure to verify a witness statement
Power of the court to require a document to be verified
Interpretation
Definitions
Application to set aside or vary order made without notice
Power of the court to proceed in the absence of a party
Applications that are totally without merit
Where to make an application
Application notice to be filed
Notice of an application
Time when an application is made
What an application notice must include
Service of a copy of an application notice
Applications which may be dealt with without a hearing
Service of order and application where application made without notice
Power to perform an act of the court
Scope of this Part
Types of proceedings in which summary judgment is available
Grounds for summary judgment
Timing of applications and hearing
Application notice and evidence
Disposal of applications
Court staff
Court’s powers
Interim injunction to cease if claim is stayed or automatically struck out
Injunctions against third parties
Scope
Evidence
Form of order
Scope
Supervising Solicitor
Evidence
Form of order
Service
Timing
Court’s powers
Applications
Evidence
Conditions to be satisfied
Compensation recovery payments
Restriction on disclosure
Applications
Conditions to be satisfied
Security for costs other than from the claimant
Security for costs of an appeal
Applications and evidence
Application for an interim remedy in specific situations
Court’s powers
Applications
Evidence
Applications without notice
Form of order
Court documents to be sealed
Scope of this Part
Road traffic accident related personal injury claims
Children and protected parties
Allocation - general
Matters relevant to allocation to a track
Assignment within the fast track and the intermediate track
Assignment within the fast track
Assignment within the intermediate track
Notice of allocation and assignment
Reallocation and reassignment
Trial with a jury
Automatic transfer in the High Court
Transfer of money claims within the County Court
Directions questionnaire
Stay to allow for settlement of the case
Referral to the Mediation Service
Allocation and assignment
Proceedings under Practice Direction 27B
Scope of each track
Court’s discretion as to where it deals with cases
Scope of this Part
Disposal without a hearing
Setting judgment aside and re-hearing
Right of appeal under Part 27
Procedure for making an appeal
Costs on the small claims track
Claim re-allocated from the small claims track to another track
Extent to which other Parts apply
Court’s power to grant a final remedy
Preparation for the hearing
Experts
Preliminary hearing
Power of court to add to, vary or revoke directions
Conduct of the hearing
Non-attendance of parties at a final hearing
Time
Scope of this Part
Limitation
Costs
Case management conference
Agreement of directions
Directions
Costs
General provisions
Variation of case management timetable
Pre-trial check list (listing questionnaire)
Fixing or confirming the trial date and giving directions
Conduct of trial
Directions
Costs
Directions
Dates for compliance to be calendar dates and to include time of day
Scope of this Part
Case management
Case management conference and pre-trial review
Steps taken by the parties
Variation of case management timetable
Pre-trial check list (listing questionnaire)
Pre-trial review
Setting a trial timetable and ... confirming the trial date or week
Conduct of trial
Scope of this Part
Transfer within the County Court and the High Court
Criteria for a transfer order
Procedure
Transfer between Divisions and to and from a specialist list
Power to specify place where hearings are to be held
Transfer of control of money in court
Transfer of competition law claims
The court’s general powers of management
General power of the court to rectify matters where there has been an error of procedure
Orders restraining civil proceedings
Scope of this Part
Procedure for standard disclosure
Duty of disclosure continues during proceedings
Specific disclosure or inspection
Ordering a party to request another person to disclose a document
Disclosure in stages
Documents referred to in statements of case etc.
Inspection and copying of documents
Disclosure before proceedings start
Orders for disclosure against a person not a party
Rules not to limit other powers of the court to order disclosure
Claim to withhold inspection or disclosure of a document
Application of this Section and the purpose of costs management
Meaning of disclosure
Restriction on use of a privileged document inspection of which has been inadvertently allowed
Consequence of failure to disclose documents or permit inspection
Subsequent use of disclosed documents and completed Electronic Documents Questionnaires
False, disclosure statements
Filing and exchanging budgets and budget discussion reports
Right of inspection of a disclosed document
Failure to file a budget
Meaning of document
Costs management orders
Disclosure ...
Revision and variation of costs budgets on account of significant developments (“variation costs”)
Costs management conferences
Standard disclosure—what documents are to be disclosed
Court to have regard to budgets and to take account of costs
Duty of search
Assessing costs on the standard basis where a costs management order has been made
Duty of disclosure limited to documents which are or have been in party’s control
Costs capping orders – General
Disclosure of copies
Case management – unrepresented parties
Court officer’s power to refer to a judge
Application for a costs capping order
Application to vary a costs capping order
Power of court to control evidence
Consequence of failure to serve witness statement or summary
Cross-examination on a witness statement
Use of witness statements for other purposes
Availability of witness statements for inspection
False statements
Affidavit evidence
Form of affidavits
Affidavit made outside the jurisdiction
Notice to admit facts
Notice to admit or produce documents
Evidence of witnesses—general rule
Notarial acts and instruments
Evidence by video link or other means
Requirement to serve witness statements for use at trial
Use at trial of witness statements which have been served
Evidence in proceedings other than at trial
Order for cross-examination
Form of witness statement
Witness summaries
Court’s power to make order of its own initiative
Introductory
Notice of intention to rely on hearsay evidence
Circumstances in which notice of intention to rely on hearsay evidence is not required
Power to call witness for cross-examination on hearsay evidence
Credibility
Use of plans, photographs and models as evidence
Evidence of finding on question of foreign law
Evidence of consent of trustee to act
Human Rights
Power to strike out a statement of case
Scope of this Section
Enforcing attendance of witness
Use of deposition at a hearing
Restrictions on subsequent use of deposition taken for the purpose of any hearing except the trial
Where a person to be examined is out of the jurisdiction—letter of request
Letter of request – Proceeds of Crime Act 2002
Fees and expenses of examiner of the court
Examiners of the court
Scope and interpretation
Application for order
Examination
Dealing with deposition
Witness summonses
Claim to privilege
Order under 1975 Act as applied by Patents Act 1977
Interpretation
Where a person to be examined is in another Regulation State
Evidence for courts of other Regulation States
Issue of a witness summons
Witness summons in aid of inferior court or of tribunal
Time for serving a witness summons
Who is to serve a witness summons
Right of witness to travelling expenses and compensation for loss of time
Fines imposed under section 55 of the County Courts Act 1984
Evidence by deposition
Conduct of examination
Judgment without trial after striking out
Duty to restrict expert evidence
Contents of report
Use by one party of expert’s report disclosed by another
Discussions between experts
Consequence of failure to disclose expert’s report
Expert’s right to ask court for directions
Assessors
Interpretation and definitions
Experts—overriding duty to the court
Court’s power to restrict expert evidence
General requirement for expert evidence to be given in a written report
Written questions to experts
Court’s power to direct that evidence is to be given by a single joint expert
Instructions to a single joint expert
Power of court to direct a party to provide information
Judgment without trial after striking out a claim in the Civil National Business Centre
Setting aside judgment entered after striking out
Scope of this Part
Withdrawing or changing the terms of a Part 36 offer before the expiry of the relevant period
Acceptance of a Part 36 offer
Acceptance of a Part 36 offer in a split-trial case
Costs consequences of acceptance of a Part 36 offer
Other effects of acceptance of a Part 36 offer
Acceptance of a Part 36 offer made by one or more, but not all, defendants
Restriction on disclosure of a Part 36 offer
Costs consequences following judgment
Personal injury claims for future pecuniary loss
Scope of this Section
Cases in which the offeror’s costs have been limited to court fees
Scope of this Section and definitions
Costs consequences of acceptance of a Part 36 offer
Costs consequences following judgment
Scope of this Section
Form and content of a Protocol offer
Time when a Protocol offer is made
General provisions
Restrictions on the disclosure of a Protocol offer
Definitions
Costs consequences following judgment
Deduction of benefits
Application of Part 36 to appeals
Form and content of a Part 36 offer
Part 36 offers – defendant’s offer
Time when a Part 36 offer is made
Clarification of a Part 36 offer
Withdrawing or changing the terms of a Part 36 offer generally
If— (a) a party against whom judgment has been entered...
Sanctions for non—payment of certain fees by the claimant
Money paid into court under a court order
Money paid into court where defendant wishes to rely on a defence of tender before claim
Payment out of money paid into court
Payment into court under enactments
Sanctions for non-payment of certain fees by the defendant
Sanctions for non-payment of the trial fee by the claimant
Sanctions for non-payment of the trial fee by the defendant, where proceedings continue on the counterclaim alone
Sanctions for dishonouring cheque
Sanctions have effect unless defaulting party obtains relief
Scope of this Part
Right to discontinue claim
Procedure for discontinuing
Right to apply to have notice of discontinuance set aside
When discontinuance takes effect where permission of the court is not needed
Liability for costs
Discontinuance and subsequent proceedings
Stay of remainder of partly discontinued proceedings where costs not paid
Relief from sanctions
Interpretation
Discontinuance and settlement
General rule—hearing to be in public
Failure to attend the trial
Timetable for trial
Trial bundles
Representation at trial of companies or other corporations
Impounded documents
Communications with the court
Recording and transcription of proceedings
(1) In this Part, “ forms ” includes model orders,...
Scope of this section
Judgment against a State in default of acknowledgment of service
Time for complying with a judgment or order
Correction of errors in judgments and orders
Cases where court gives judgment both on claim and counterclaim
County Court set-off of cross-judgments
Judgment in favour of certain part owners relating to the detention of goods
County Court certificate of judgment
Order of appeal court
Scope of this Section
Power to order sale etc.
Power to order delivery up of possession etc.
Reference to conveyancing counsel
Party may object to report
Standard requirements
The court may make binding declarations whether or not any...
Drawing up and filing of judgments and orders
Service of judgments and orders
Power to require judgment or order to be served on a party as well as his solicitor
Consent judgments and orders
When judgment or order takes effect
Time from which interest begins to run
Stay of execution and other relief
Who may apply to set aside or vary a judgment or order
County Court judgments and orders - variation of payment
Application and definitions
Assignment or charge
Order for an award of provisional damages
Application for further damages
Apportionment in fatality cases
Scope and interpretation
Statement of case
Court’s indication to parties
Factors to be taken into account
The award
Continuity of payment
Solicitor acting for a party
Change of solicitor—duty to give notice
Order that a solicitor has ceased to act
Removal of solicitor who has ceased to act on application of another party
Scope of this Part
Definitions and application
Meaning of summary assessment
Meaning of detailed assessment
Interpretation and application
Where the court makes no order for costs
Court’s powers in relation to misconduct
Set Off
Qualified one-way costs shifting: scope and interpretation
Effect of qualified one-way costs shifting
Exceptions to qualified one-way costs shifting where permission not required
Exceptions to qualified one-way costs shifting where permission required
Transitional provision
Award of costs where there is a damages-based agreement
Court’s discretion as to costs
Basis of assessment
Factors to be taken into account in deciding the amount of costs
Amount of costs where costs are payable under a contract
Procedure for assessing costs
Time for complying with an order for costs
Legal representative’s duty to notify the party
Cases where costs orders deemed to have been made
Scope of this Part
Claims for an amount of costs exceeding fixed recoverable costs – vulnerability
Failure to achieve costs greater than fixed recoverable costs
Costs of the costs-only proceedings or the detailed assessment
Unreasonable behaviour
Costs consequences on reconsideration of track or complexity band
Costs consequences where rules 36.23 or 36.24 apply
Restoration proceedings
Scope and application
Amount of fixed commencement costs in a claim for the recovery of money or goods
When defendant only liable for fixed commencement costs
Fixed costs on entry of judgment in a claim for the recovery of money or goods
VAT
Amount of fixed commencement costs in a claim for the recovery of land (including possession) or a demotion claim or prohibited conduct standard contract claim (Wales)
Fixed costs on entry of judgment in a claim for the recovery of land (including possession) or a demotion claim or prohibited conduct standard contract claim (Wales)
Miscellaneous fixed costs
Fixed costs of enforcement
Scope, application and interpretation
Amount of fixed commencement costs in a County Court claim for the recovery of money conducted by an HMRC Officer
Fixed costs on entry of judgment in a County Court claim for recovery of money conducted by an HMRC Officer
Scope and interpretation
Application of fixed costs and disbursements
Amount of fixed costs
Additional costs for work in specified areas (‘London weighting’)
Where the claimant obtains judgment for an amount more than the defendant’s relevant Protocol offer
Settlement at Stage 2 or Stage 3 where the claimant is a child
Where the court orders that the claim is not suitable to be determined under the Stage 3 Procedure and the claimant is a child
Settlement before proceedings are issued under Stage 3
Additional advice on the value of the claim
Failure to comply or electing not to continue with the relevant Protocol – costs consequences
Where the parties have settled after proceedings have started
Where the claimant obtains judgment for an amount equal to or less than the defendant’s relevant Protocol offer
Adjournment
Account of payment of Stage 1 and Stage 2 fixed costs
Litigants in person
Costs-only application after a claim is started under Part 8 in accordance with Practice Direction 49F
Failure to comply with, or continue under, the RTA Small Claims Protocol
Claims which do not continue under the RTA Small Claims Protocol
Scope
Amount of fixed costs
Fixed costs
Specialist legal advice
Advice obtained in claims started under the RTA Protocol or the EL/PL Protocol
Preliminary issue or separate trial
Scope
Entitlement to costs – more than one claimant
Amount of fixed costs
Preliminary issue or separate trial
Scope
Amount of fixed costs
More than one defendant
Preliminary issues trials
Restoration proceedings
Scope of this section
Disbursements – Section IV
Disbursements – Section VI
Defendants’ costs
Disbursements – Section VII
Disbursements – Section VIII
Soft tissue injury and whiplash injury claims
Summary determination after hearing
Determination where parties agree on all issues except costs
Court’s power to direct assessment in conjunction with fixed costs determination
Non-application of Part 36
Counterclaims
Pre-action and interim applications
Claims for an amount of costs exceeding fixed recoverable costs
Pre-commencement disclosure and orders for disclosure against a person who is not a party
Costs on the small claims track and fast track
Limitation on amount court may allow where a claim allocated to the fast track settles before trial
Costs following allocation, re-allocation and non-allocation
Costs-only proceedings
Claims for judicial review: costs against interveners
Judicial review costs capping orders – general
Applications for judicial review costs capping orders
Court to consider making directions
Applications to vary judicial review costs capping orders
Costs orders in favour of or against non-parties
Scope and interpretation
Amount of scale costs
Summary assessment of the costs of an application where a party has behaved unreasonably
Environmental review costs
Scope and interpretation
Opting out, and other cases where rules 46.26 to 46.28 do not apply to a claimant
Limit on costs recoverable from a party in an Aarhus Convention claim
Varying the limit on costs recoverable from a party in an Aarhus Convention claim
Challenging whether the claim is an Aarhus Convention claim
Limitations on court’s power to award costs in favour of trustee or personal representative
Costs where money is payable by or to a child or protected party
Litigants in person
Costs where the court has made a group litigation order
Orders in respect of pro bono representation
Personal liability of legal representative for costs – wasted costs orders
Basis of detailed assessment of solicitor and client costs
Time when detailed assessment may be carried out
Procedure where costs are agreed
Default costs certificate
Setting aside a default costs certificate
Optional Reply
Detailed assessment hearing
Provisional Assessment
Power to issue an interim certificate
Final costs certificate
Detailed assessment procedure where costs are payable out of the Community Legal Services Fund or by the Lord Chancellor under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012
Detailed assessment procedure where costs are payable out of a fund other than the community legal service fund
No stay of detailed assessment where there is an appeal
Liability for costs of detailed assessment proceedings
Right to appeal
Court to hear appeal
Appeal procedure
Powers of the court on appeal
Powers of an authorised court officer
Venue for detailed assessment proceedings
Application of this Section
Commencement of detailed assessment proceedings
Period for commencing detailed assessment proceedings
Sanction for delay in commencing detailed assessment proceedings
Points of dispute and consequence of not serving
(1) The provisions of CPR Parts 43 to 48 relating...
(1) A pre-commencement funding arrangement is— (a) in relation to...
Practice directions for specific proceedings
(1) The Schedules to these Rules set out, with modifications,...
Scope of this Part
A practice direction shall make provision for the extent to...
Practice Direction 51A makes provision for the extent to which...
Practice directions may modify or disapply any provision of these...
Temporary modifications for coronavirus or other emergency
Preparation of documents
Scope and interpretation
Planning statutory review appeals
Appeals from the Employment Appeal Tribunal
Appellant’s notice
Respondent’s notice
Transcripts at public expense
Variation of time
Variation of time in certain contempt proceedings
Stay(GL)
Amendment of appeal notice
Striking out(GL) appeal notices and setting aside(GL) or imposing conditions on permission to appeal
Orders to limit the recoverable costs of an appeal – general
Orders to limit the recoverable costs of an appeal – appeals in Aarhus Convention claims
Parties to comply with Practice Directions 52A to 52E
Appeal court’s powers
Hearing of appeals
Non-disclosure of Part 36 offers and payments
Assignment of appeals to the Court of Appeal
Who may exercise the powers of the Court of Appeal
Statutory appeals – court’s power to hear any person
Appeals under the Law of Property Act 1922
Appeals from certain tribunals
Appeals under certain planning legislation
Appeals under certain legislation relating to pensions
Permission to appeal
Reopening of final appeals
Permission to appeal in certain contempt proceedings
Permission to appeal from the Court of Appeal to the Supreme Court
Determination of applications for permission to appeal to the County Court and High Court
Determination of applications for permission to appeal to the Court of Appeal
Permission to appeal test – first appeals
Permission to appeal test – second appeals
Permission to appeal in contempt proceedings where the appeal lies to the Supreme Court
Judicial review appeals from the High Court
Judicial review appeals from the Upper Tribunal
Signature of documents by mechanical means
Scope of this Part
Specialist list
Application of the Civil Procedure Rules
Proceedings in the Media and Communications List
Summary disposal under the Defamation Act 1996
Sources of information
Register of claims
Scope and interpretation
Permission given
Service of order giving or refusing permission
Permission decision where court requires a hearing
Permission decision without a hearing
Defendant etc. may not apply to set aside(gl)
Response
Where claimant seeks to rely on additional grounds
Evidence
Court’s powers to hear any person
Judicial review may be decided without a hearing
Court’s powers in respect of quashing orders
When this Section must be used
Transfer
General
Specialist list
Application of the Civil Procedure Rules
Further provision about Planning Court claims
Scope and interpretation
Who may exercise the powers of the High Court
When this Section must be used
Time limit for filing claim form
Claim form
When this Section may be used
Service of claim form
Acknowledgment of service
Detailed grounds and evidence
Failure to file acknowledgment of service
Where claimant seeks to rely on additional grounds
Other procedural rules
Permission required
Time limit for filing claim form
Claim form
Service of claim form
Acknowledgment of service
Failure to file acknowledgment of service
Supply of documents to Attorney-General from court records
Supply of documents to a party from court records
Supply of documents to a non-party from court records
Supply of documents from court records - general
Filing and sending documents
Interpretation
Possession claims relating to mortgaged residential property
Electronic issue of certain possession claims
When this section may be used
Conditions
Claim form
Defence
Claim referred to judge
Consideration of the claim
Possession order
Postponement of possession
Application to set aside or vary
Scope
When this section may be used
Conditions for IPO application
The application
Service
Defendant’s response
Hearing of the application
Service and enforcement of the IPO
After IPO made
Application to set aside IPO
Stay of possession proceedings, coronavirus
Starting the claim
Interpretation
Scope
Starting the claim
Particulars of claim
Hearing date
Defendant’s response and adding of sub-holder as a party
The hearing
Allocation
Electronic issue of certain Renting Homes possession claims
Interpretation
Particulars of claim
When this Section may be used
Conditions
Claim form
Defence
Claim referred to judge
Consideration of the claim
Possession order
Postponement of possession
Application to set aside or vary
Hearing date
Service of claims against trespassers
Defendant’s response
The hearing
Allocation
Coronavirus – temporary provision
Documents in the Welsh language
Scope and interpretation
Starting the claim
Claims for a new tenancy under section 24 and for the termination of a tenancy under section 29(2) of the Landlord and Tenant Act 1954
Scope
Scope and interpretation
Making the Renting Homes (Wales) claim
Further provision for Renting Homes (Wales) claims
Scope of this Part and definitions
Failure to acknowledge service or to file a defence
Discontinuance and dismissal
(1) This Section contains rules about claims for the rectification...
(1) This Section contains rules about claims and applications for...
Scope of this Section
Proceedings in the High Court
Procedure for claims under section 1 of the Act
Scope and interpretation
Proceedings to be in the High Court
Procedure for claims for a declaration of presumed death or a variation order
General
Giving notice of claim
Advertisement of claim
Interveners
Requirement to provide information
Requirement to send copy of declaration to the Public Guardian
Scope and interpretation
Proceedings to be in the High Court
Procedure for making claims for a guardianship order
Procedure for making applications for revocation/variation of guardianship orders and applications relating to guardianship orders
Giving notice and advertisement of claim for a guardianship order or an application for a revocation/variation order
How to start a probate claim
Giving notice and advertisement of applications relating to guardianship orders or the potential exercise of powers under the 2017 Act
Interveners
Requirement to send copy of all orders made to the Public Guardian
Death of the missing person
Acknowledgment of service and defence
Lodging of testamentary documents and filing of evidence about testamentary documents
Revocation of existing grant
Contents of statements of case
Counterclaim
Probate counterclaim in other proceedings
The Business and Property Courts
Courts and lists
Application of the Civil Procedure Rules
Scope of this Part and interpretation
Defence and Reply
Statements of case
Part 8 claims
Case management
Disclosure—ships papers
Judgments and orders
Specialist list
Application of the Civil Procedure Rules
Proceedings in the commercial list
Claim form and particulars of claim
Acknowledgment of service
Disputing the court’s jurisdiction
Default judgment
Admissions
Scope of this Part and interpretation
Statements of case
Case management
Judgments and orders
Application of the Civil Procedure Rules
Transfer of proceedings
Claim form and particulars of claim
Acknowledgment of service
Disputing the court’s jurisdiction
Default judgment
Admissions
Defence and Reply
General
Specialist list
Application of the Civil Procedure Rules
Issuing a TCC claim
Reply
Case management
Judgments and Orders
Part 6 rules about service apply generally
Service of the claim form in proceedings against the Crown
Service of the claim form by contractually agreed method
Scope and interpretation
Sale by the court, priorities and payment out
Limitation claims
Stay of proceedings
Assessors
Service of the claim form relating to a contract on an agent of a principal who is out of the jurisdiction
Admiralty claims
Service of the claim form on children and protected parties
Claims in rem
Deemed service
Special provisions relating to collision claims
Service of the claim form by an alternative method or at an alternative place
Arrest
Power of court to dispense with service of the claim form
Security in claim in rem
Notice and certificate of service relating to the claim form
Cautions against arrest
Notification of outcome of postal service by the court
Release and cautions against release
Notice of non-service by bailiff
Judgment in default
Interpretation
Methods of service
Who is to serve
Scope of this Part and interpretation
Hearings
Scope of this Section
Applications to Judge
Starting the claim
Claims in District Registries
Time limits and other special provisions about arbitration claims
Service out of the jurisdiction
Scope of this Section
Enforcement of awards
Interest on awards
Personal service
Interpretation
Registration in High Court of foreign awards
Registration of awards under the Arbitration (International Investment Disputes) Act 1966
Address for service to be given after proceedings are started
Starting the claim
Change of address for service
Arbitration claim form
Service on children and protected parties
Service out of the jurisdiction
Deemed Service
Notice
Service by an alternative method or at an alternative place
Case management
Power to dispense with service
Stay of legal proceedings
Certificate of service
Variation of time
Methods of service
Scope of this Section
Interpretation
Scope of this Part and interpretation
Application to amend a patent specification in existing proceedings
Court’s determination of question or application
Application by employee for compensation
Allocation
Service of documents
Participation by the Comptroller
Appeals from decisions of the Comptroller or the registrar
Scope of this Section
(1) In proceedings in the Intellectual Property Enterprise Court in...
Transfer of proceedings
Enterprise judges and District Judges
Service of the claim form where the permission of the court is not required - Scotland and Northern Ireland
Scope of Section I and allocation
Statements of case
Statement of truth
Defence and reply
Case management
Disclosure and inspection
Applications
Costs
Allocation to the small claims track
Extent to which rules in this Part apply to small claims
Service of the claim form where the permission of the court is not required - out of the United Kingdom
Specialist list
Notice of statement of grounds where the permission of the court is not required for service
Patents judge
Period for responding to the claim form where permission was not required for service
Starting the claim
Service of the claim form where the permission of the court is required
Claim for infringement or challenge to validity of a patent or registered design
Application for permission to serve the claim form out of the jurisdiction
Defence and reply
Service of documents other than the claim form - permission
Case management
Service of application notice on a non-party to the proceedings
Disclosure and inspection
Scope of this Part and interpretation
Specialist list
Application of the Civil Procedure Rules
Proceedings in the Financial List
Who is to serve the claim form
Methods of service - general provisions
Service in accordance with the Service Regulation
General
Service through foreign governments, judicial authorities and British Consular authorities
Scope of this Section
Procedure where service is to be through foreign governments, judicial authorities and British Consular authorities
Claim form
Service of claim form or other document on a State
Parties
Translation of claim form or other document
Scope of this Section and interpretation
Undertaking to be responsible for expenses
Application for permission to take charity proceedings
Proof of service before obtaining judgment
Scope of this Section
Interpretation
Personal service
Request for service
Method of service
Scope of this Part
Injunction containing provisions to which a power of arrest is attached
Scope of this Section and interpretation
Demotion claims , prohibited conduct standard contract order claims or suspension claims made in the alternative to possession claims
Other demotion claims, prohibited conduct standard contract order claims or suspension claims
Starting a demotion claim, prohibited conduct standard contract order claim or suspension claim
Particulars of claim
Hearing date
Defendant’s response
The hearing
Allocation
After service
Scope of this Section and interpretation
Proceedings relating to demoted tenancies and prohibited conduct standard contract order claims
Scope of this Section and interpretation
Application where the relevant authority is a party in principal proceedings
Application by a relevant authority to join a person to the principal proceedings
Application where the relevant authority is not party in principal proceedings
Evidence
Application for an interim order
Scope of this Section
Claims under section 3 of the 1997 Act
Applications for issue of a warrant of arrest under section 3(3) of the 1997 Act
Applications for an injunction
Proceedings following arrest
Scope of this Section and interpretation
Application where the relevant authority is a party in principal proceedings
Application where the relevant authority is not a party in principal proceedings
Application by a relevant authority to join a person to the principal proceedings
Evidence
Application for an interim order
Scope of this Section and interpretation
Applications for parenting orders
Applications by the relevant authority to be joined to proceedings
Injunction containing provisions to which a power of arrest is attached
Applications by the relevant authority to join a parent to proceedings
Evidence
Scope of this Section and interpretation
Applications for an injunction
Injunction containing provisions to which a power of arrest is attached
Application to vary or discharge an injunction
Application for warrant of arrest under section 44(2) of the 2009 Act or section 10 of the 2014 Act
Proceedings following arrest under the 2009 Act and under the 2014 Act
Recognizance
Applications for a power of arrest to be attached to any provision of an injunction
Application for warrant of arrest under section 155(3) of the 1996 Act
Proceedings following arrest
Recognizance
Scope of this Section and interpretation
Applications under section 91(3) of the 2003 Act or section 27(3) of the 2006 Act for a power of arrest to be attached to any provision of an injunction
Where to serve the claim form – general provisions
Scope of this Part and interpretation
Application of the Civil Procedure Rules
Action on behalf of the Crown
Counterclaims, other additional claims, and set-off
Applications in revenue matters
Enforcement against the Crown
Money due from the Crown
Service on a solicitor ... within the United Kingdom ...
Scope and interpretation
Power to order solicitor to deliver cash account etc.
Proceedings under Part III of the Act
Proceedings under Schedule 1 to the Act
Service of the claim form where before service the defendant gives an address at which the defendant may be served
Interpretation
References under section 6A of the Act: proceedings before County Court or High Court
References under section 6A of the Act: Court of Appeal
Submissions to the Court of Appeal on references on assimilated case law under section 6A of the Act
Interventions in references on assimilated case law under section 6A of the Act in the Court of Appeal
References on assimilated case law by law officers under section 6B of the Act
Steps after reference accepted
Section 6C of the Act - decisions on whether to depart from assimilated case law
Service of the claim form where the defendant does not give an address at which the defendant may be served
Scope of this Part
Application for discharge of receiver
Order discharging or terminating appointment of receiver
Court’s power to appoint receiver
How to apply for the appointment of a receiver
Service of order appointing receiver
Security
Receiver’s application for directions
Receiver’s remuneration
Accounts
Non-compliance by receiver
Scope of this Part and interpretation
Application for order
Methods of enforcing judgments or orders
Court may order act to be done at expense of disobedient party
Transfer of proceedings for enforcement
Enforcement of judgment or order by or against non-party
Enforcement of decisions of bodies other than the High Court and the County Court and compromises enforceable by enactment
Effect of setting aside judgment or order
Debt respite scheme
Where to start proceedings
Production Centre for claims
Human Rights
Scope of this Part
Electronic issue of claims
Order to attend court
Service of order
Travelling expenses
Judgment creditor’s affidavit
Conduct of the hearing
Adjournment of the hearing
Failure to comply with order
Claims against Welsh public bodies to be issued and heard in Wales
Claims against Welsh public bodies to be forwarded for issue in Wales
How to start proceedings
Scope of this Part and interpretation
Money in court
Costs
Third party debt order
Application for third party debt order
Interim third party debt order
Service of interim order
Arrangements for debtors in hardship
Further consideration of the application
Effect of final third party order
Practice Direction 7A makes provision for procedures to be followed...
Right to use one claim form to start two or more claims
Scope of this Part and interpretation
Further consideration of the application where interim charging order was made at the Civil National Business Centre and has not been transferred under rule 73.4(6) for a hearing
Further consideration of the application where interim charging order was made other than at the Civil National Business Centre, or has been transferred out of that Centre under rule 73.4(6)
Discharge or variation of order
Enforcement of charging order by sale
Reconsideration of a decision made by a legal adviser
Interpretation
Application for stop order
Stop order relating to funds in court
Stop order relating to securities
Variation or discharge of order
General
Request for stop notice
Effect of stop notice
Amendment of stop notice
Scope of this Section
Withdrawal of stop notice
Discharge or variation of stop notice
Practice Direction 73 makes provision for the procedure to be...
Application for charging order
Interim charging order – Civil National Business Centre
Review of a decision made by a court officer
Interim charging order – venues other than the Civil National Business Centre
Service of interim order
Effect of interim order in relation to securities
Effect of interim order in relation to funds in court
Particulars of claim
Scope of this Part and interpretation
Recognition
Authentic instruments and court settlements
Adaptation of certain orders in foreign judgments subject to the Judgments Regulation
Application for a certified copy of a judgment
Evidence in support
Interpretation
Registration of money judgments in the High Court
Registration of non-money judgments in the High Court
Certificates of High Court and County Court money judgments
Certified copies of High Court and County Court non-money judgments
Interpretation
Interpretation
Application for registration of a Community judgment
Evidence in support
Registration orders
Application to vary or cancel registration
Enforcement
Application for registration of suspension order
Registration and enforcement of a Euratom inspection order
Interpretation
Certification of Judgments of the Courts of England and Wales
Applications for a certificate of lack or limitation of enforceability
Applications for registration
Applications for rectification or withdrawal
Enforcement of European Enforcement Orders in England and Wales
Refusal of Enforcement
Stay of or limitation on enforcement
Interpretation
Procedure for applications in this Section
Application for an Article 5 certificate
The court to which an application for an Article 5 certificate must be made
When a request for a translation of an Article 5 certificate may be made
The court to which a request for a translation of an Article 5 certificate must be made
Enforcement under the Judgments Regulation
Evidence in support
Service requirements under Article 6
Notification of the certificate under Article 8
Rectification of an Article 5 certificate
Withdrawal of an Article 5 certificate
When an application for an Article 14 certificate may be made
The court to which an application for an Article 14 certificate must be made
Application for adjustment under Article 11
Notification of the adjustment under Article 11
Enforcement of an incoming protection measure
Application for refusal of recognition or enforcement under Article 13
Procedure for enforcing judgments under the Judgments Regulation
Security for costs
Application under Article 14(2)
Registration orders
Applications to set aside a registration order or decision
Refusal of recognition or enforcement under the Judgments Regulation
Relief against enforcement under the Judgments Regulation
Suspension of proceedings in which a judgment is invoked under the Judgments Regulation
Appeals
Enforcement
Service of a claim form
Scope and interpretation
Further information required
Combining requests
The Centre
Request
Electronic delivery of documents
Functions of court officer
Review of decision of court officer
Enforcement of orders
Local authority warrant of control
Revocation of order
Transfer for enforcement
Extension of time for serving a claim form
Scope and interpretation
Directions for hearing on application for permission or on a reference
Appeals under section 10 of the Act
Modification of Part 52 (appeals)
Notice of appeal
Time limit for appealing
Secretary of State’s reply
Modification of Part 52 (appeals)
Scope of this section
Address for issuing proceedings in the High Court
Applications for anonymity
Modification to the overriding objective
Notification of hearing
Hearings
Hearings in private
Appointment of a special advocate
Functions of special advocate
Special advocate: communicating about proceedings
Modification of the general rules of evidence and disclosure
Filing and service of relevant material
Closed material
Consideration of Secretary of State’s objection
Scope of this section
Order of filing and serving material and written submissions
Failure to comply with directions
Judgments
Application by Secretary of State for reconsideration of decision
Supply of court documents
Applications for the making of a derogating control order
Directions for a full hearing on notice
Applications on notice
Scope of this section
Application for permission to make non-derogating control order
References under section 3(3) of the Act
Application by defendant for service of claim form
Scope of this Part
Notice to defendant (acquitted person)
Response to the application
Further evidence
Determination of the application to quash an acquittal (general provisions)
Application for a hearing to determine the application to quash an acquittal
Hearing to determine the application to quash an acquittal
Scope
Part 8 procedure
Proceedings under this Section
The application
Interpretation
Application for a SCPO
Service on the defendant
Applications for non-disclosure
Applications under Part 2 of the 2013 Act
Applications other than under Part 2 of the 2013 Act
Relevant material and statement of reasons to be filed
Consideration of the application
Hearings
Special advocates
Special advocates – communicating about proceedings
Consideration of the claimant’s objection under rule 77.28(7)(b)
Applications by third parties to make representations and applications to vary or discharge a SCPO made by the High Court
Failure to comply with directions
Orders under the 1997 Act and 2003 Act
Supply of court documents
Appeals
Application to vary or discharge a SCPO made by the Crown Court
Where to make an application
Scope and interpretation
Time limit for making the application
Where to make the application
How to make the application
Form for defence etc. must be served with particulars of claim
Scope of this Part and interpretation
Refusal of enforcement
Stay of or limitation on enforcement
Scope of this Section and interpretation
Filing an ESCP claim form
Allocation of ESCP claims
Transfer of proceedings where the claim is outside the scope of the ESCP Regulation – article 4(3) of the ESCP Regulation
Defendant’s response
Transfer of proceedings where the defendant claims that the non-monetary claim exceeds the limit set in article 2(1) of the ESCP Regulation – article 5(5) of the ESCP Regulation
Transfer of proceedings where the ESCP counterclaim exceeds the limit set in article 2(1) of the ESCP Regulation – article 5(7) of the ESCP Regulation
Review of judgment
Scope of this Section and interpretation
Enforcement of an ESCP judgment
Refusal of enforcement
Stay of or limitation on enforcement
Scope of this Section and interpretation
Making a mediation settlement enforceable (mediation settlement enforcement orders)
Mediation settlement enforcement orders: foreign currency
Mediation evidence: disclosure or inspection
Mediation evidence: witnesses and depositions
Mediation evidence: small claims
Application for a European Order for Payment
Withdrawal of EOP application
Transfer of proceedings where an EOP application has been opposed
Procedure where EOP application treated as if started as a claim under Part 7
Procedure where EOP application treated as if started as a claim under the ESCP Regulation
Filing of acknowledgment of service and defence where an EOP application is treated as if started as a claim under Part 7
Default judgment where an EOP application is treated as if started as a claim under Part 7
Review in exceptional cases
Enforcement of European orders for payment
Fixed date and other claims
Scope and interpretation of this Part
Directions hearing
Response by the appropriate Minister
Filing and service of evidence
Modification of Part 52 (appeals)
Service of appellant’s notice on special advocate
Scope of this Section
Modification of Part 52 (appeals)
Appellant’s notice
Appeals to the Court of Appeal
Scope of this Section
Where to make an application
Notification of hearing
Hearings
Appointment of a special advocate
Function of a special advocate
Modification to the overriding objective
Special advocate: communicating about proceedings
Consideration of the appropriate Minister’s objection
Modification of the general rules of evidence and disclosure
Search for, filing of and service of material
Redacted material
Application to withhold closed material
Consideration of the appropriate Minister’s application
Failure to comply with directions
Judgments
Application by appropriate Minister for reconsideration of order, direction or judgment
Scope of this Section
Supply of court documents
Applications for a notification order
Applications (general) and modification of Part 8
Application to set aside
Fixing of directions hearing date
Service of the claim form and accompanying documents
Acknowledgment of service
Scope and interpretation
Time limit for appealing
Secretary of State’s reply
Modification of Part 52 (appeals)
Scope of this section
Address for filing proceedings
Applications for anonymity
Notification of hearing
Hearings
Hearings in private
Appointment of a special advocate
Modification to the overriding objective
Functions of a special advocate
Special advocate: communicating about proceedings
Modification of the general rules of evidence and disclosure
Filing and service of relevant material
Closed material
Consideration of the Secretary of State’s objection or application
Order of filing and serving material and written submissions
Failure to comply with directions
Judgments
Application by the Secretary of State for reconsideration of decision
Scope of this section
Supply of court documents
Application for permission to impose measures
Reference of measures imposed without permission
Directions for hearing on an application for permission or on a reference
Appeals under section 16 of the TPIM Act or section 52 of the National Security Act
Modification of Part 52 (appeals)
Notice of appeal
Types of claim in which the Part 8 procedure is used
Scope
Applications to discharge committal orders
Interpretation
How to make a contempt application
Requirements of a contempt application
Service of a contempt application
Cases where no application is made
Directions for hearing of contempt proceedings
Hearings and judgments in contempt proceedings
Powers of the court in contempt proceedings
Contents of the claim form
Scope and interpretation
Functions of a special advocate
Special advocate: communicating about proceedings
Evidence in proceedings to which this Part applies
Sensitive material
Consideration of closed material application or of objection to special advocate’s communication
Failure to comply with directions
Judgments
Application by the Secretary of State or relevant person for reconsideration of decision
Supply of court documents
Scope of this Section
Modification to the overriding objective
Possible application for declaration under section 6(2) of the Act by Secretary of State: notification to Secretary of State if not a party
Notification of intention to make application for a declaration
Application for a declaration
Directions for hearing of an application
Notification by applicant following hearing of application
Secretary of State to be joined where declaration made
Directions following declaration
Special advocate’s position statement
Scope of this Section
Possible revocation of declaration: court’s own motion
Application for revocation of declaration
Rules to apply subject to this Part
Review of declaration: formal review
Review of certification
Modification of Part 52 (appeals)
Scope of this Section
Case management
Hearings in private
Notification of hearings
Proceedings which must be determined at a hearing
Appointment of a special advocate
Issue of claim form without naming defendants
Acknowledgment of service
Scope and interpretation
Writs of control and writs of delivery – description of parties
Writs relating to ecclesiastical property
Writs other than those conferring a power to use the TCG procedure – order for sale otherwise than by auction
Enforcement in the High Court of a judgment or order for possession of land
Enforcement in the High Court of a judgment or order for delivery of goods
Application for permission to issue writ of sequestration
Application for warrant of control or warrant of delivery
Warrant of control or warrant of delivery – opposition by debtor and debtor’s request for transfer
Warrant of control or warrant of delivery – execution of High Court judgment
Warrants of control and warrants of delivery – description of parties
Creditor’s request for transfer to the High Court for enforcement
Writs and warrants of control, writs of execution, warrants of delivery and warrants of possession – permission to issue certain writs or warrants
Warrants of control – bankruptcy or winding up of debtor
Warrants – withdrawal and suspension of warrant at creditor’s request
Warrants of delivery
Warrants of delivery other than those conferring a power to use the TCG procedure – notice and inventory requirements
Warrants of delivery conferring a power to use the TCG procedure – notice of enforcement and inventory requirements
Saving for enforcement by contempt proceedings
Suspension of part warrant
Concurrent warrants
Application for permission to issue a writof sequestration
Writs and warrants other than those conferring a power to use the TCG procedure – duration and priority
Writs and warrants conferring a power to use the TCG procedure – duration and priority
Writs and warrants – separate enforcement of costs
Writs and warrants – levying execution on certain days
Writs of control and warrants – power to stay execution or grant other relief
Writs and warrants – information about execution of the writ or warrant
Notice of execution of writs and warrants of possession
Issue of writs of execution and writs of control
Consequence of not filing an acknowledgment of service
Scope
Application for a warrant allowing reasonable force in relation to goods on the highway – conditions to be satisfied before a warrant may be issued
Application for sale otherwise than by public auction
Application in relation to disposal of abandoned goods
Application by the debtor for a remedy in relation to goods taken into control
Application by the enforcement agent for exceptional disbursements
Application where there is a dispute regarding a co-owner’s share of proceeds
Disputes about the amount of fees or disbursements recoverable under the Fees Regulations
Interpretation
Application for issue of a certificate under section 64 of the 2007Act
Issue of replacement certificates and surrender of certificates
Interpretation
Complaints as to fitness to hold a certificate
Where and how to make applications
Notice of enforcement prior to taking control of goods – application for notice period of less than the minimum period
Application to extend the period in which to take control of goods
Application to take control of goods during prohibited hours
Application to enter, re-enter or remain on premises otherwise than during permitted hours
Notice of intention to re-enter premises – application for notice period of less than the minimum period
Application for a warrant to enter premises – conditions to be satisfied before a warrant may be issued
Filing and serving written evidence
Scope
Directions and determination of claims
Trial of issue
Costs
Interpretation
Mode of application for claims under this Part
Procedure for making a claim to controlled goods where the claim is disputed
Procedure for making a claim to executed goods where the claim is disputed
Procedure for making a claim to exempt goods where the claim is disputed
Evidence—general
Scope of this Part and interpretation
Stakeholder application
Powers of court hearing a stakeholder application
Trial of issue
Costs
Counterclaims and other additional claims
Scope and interpretation of this Part
Return to the writ
Procedure at hearing of the writ
Writ of habeas corpus to give evidence or to answer a charge
How to make the application for a writ of habeas corpus for release
Initial consideration of the application by a single judge
Initial consideration of the application on paper
Consideration of the application at a hearing
Order for release: sufficient authority to release detained person
Applications involving protected parties
Form and directions as to the return to the writ
Service of the writ
Procedure where defendant objects to use of the Part 8 procedure
Scope and interpretation
Service of the claim form and accompanying documents
Acknowledgment of service
Directions hearing
Response by the Secretary of State
Filing and service of evidence
Modification of Part 52 (appeals)
Scope of this Section
Address for filing proceedings
Applications for anonymity
Notification of hearings
Modification to the overriding objective
Proceedings which must be determined at a hearing
Hearings in private
Appointment of a special advocate
Functions of a special advocate
Special advocate: communicating about proceedings
Modification of the general rules of evidence and disclosure
Filing and service of relevant material
Closed material
Consideration of the Secretary of State’s objection or application
Order of filing and serving material and written submissions
Scope of this Section
Failure to comply with directions
Judgments
Application by the Secretary of State for reconsideration of decision
Supply of court documents
Application for permission to impose a TEO
Reference of TEO imposed without permission
Application for review under section 11 of the Act
Applications (general) and modification of Part 8
Review application
Fixing of directions hearing date
Modifications to the general rules
Scope and Interpretation
Costs
Contents and service of order
Application to determine whether particular payments are earnings
Notice of order having ceased to have effect
Variation and discharge by court of own initiative
Transfer of attachment order
Exercise of power to obtain statement of earnings etc.
Offences
Cases in which consolidated attachment order may be made
Application for consolidated attachment order
Search of court records
Making of consolidated attachment order by court of its own initiative
Extension of consolidated attachment order
Payments under consolidated attachment order
Where to make applications
Mode of applying
Notice to debtor’s employer
Attachment of earnings order
Failure by debtor
Scope of this Part
Defence, admission or acknowledgment of service
Principal cases in which service of claim form out of jurisdiction is permissible
Notice of petition under section 55 of National Debt Act 1870
Disclosure
Consumer Credit Act 1974: appeal from Secretary of State
Relator actions
Appeal under section 17 of Industrial Assurance Act 1923
Compensation for, discharge and variation of confiscation order
Representative proceedings
Appeals, etc., affecting industrial and provident societies, etc.
Derivative claims
Representation of interested persons who cannot be ascertained, etc.
Representation of beneficiaries by trustees, etc.
Representation of deceased person interested in proceedings
Declaratory judgment
Proceedings under the Commons Registration Act 1965
Conduct of proceedings
Appeal from Patents Court on appeal from Comptroller
Appeal from county court
Interpretation
The period for filing an acknowledgment of service or filing or serving an admission where the claim form is served under rule 1(2)
Classes of case where permission to appeal is required
The period for filing a defence where the claim form is served under rule 1(2)
Claim to goods, etc., taken in execution
Appeals in cases of contempt of court
Appeals from Social Security Commissioners
Criminal Justice (International Co-operation) Act 1990: external forfeiture orders
Appeals from Value Added Tax Tribunals
Dismissal of patient’s appeal by consent
Appeals from Immigration Appeals Tribunal
Appeals from Special Commissioners
Assignment of business and exercise of powers
Application for registration
Evidence in support of application
Security for costs
Claim in respect of goods protected from seizure
Who may exercise the powers of the Court of Appeal
Variation of time
Mode of application
Order for registration
Register of judgments registered under s.4 of the Act of 1982
Notice of registration
Appeals
Issue of execution
Application for recognition
Enforcement of High Court judgments in other Contracting States
Enforcement of United Kingdom judgments in other parts of the United Kingdom: money provisions
Enforcement of United Kingdom judgments in other parts of the United Kingdom: non-money provisions
Register of United Kingdom judgments
Authentic Instruments and Court Settlements
Ruling on meaning
Service of claim form in certain actions for possession of land
Exercise of powers
Application for registration
Evidence in support of application
Order for registration
Register of recommendations etc.
Interpretation
Assignment of business and exercise of powers
Application for registration
Evidence in support of application
Order for registration
Appeals relating to affiliation proceedings and care proceedings
Powers of Court hearing claim
Register of judgments registered under the Judgments Regulation
Notice of registration
Appeals
Enforcement
Application for recognition
Enforcement of High Court Judgments in other Regulation States
Register of certificates
Authentic instruments and court settlements
Claim for the enforcement of charging order by sale
Power to order sale of goods taken in execution
Proceedings against estates
Change of parties by reason of death, etc.
Warrant for arrest
Other powers
Joinder of Commissioners for HM Revenue and Customs
Failure to proceed after death of party
Enforcement of charging order by sale
Order to apply to High Court and County Court
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