The Civil Procedure Rule Committee, having power under section 2 of the Civil Procedure Act. 21) CIVIL PROCEDURE RULES, 2010 RULES UNDER SECTION 81 ARRANGEMENT OF RULES ORDER 1 PARTIES TO SUITS Rule 1—Who may be joined as plaintiffs. endobj GOV UK; For citizen and business advice on justice, rights and more visit GOV.UK Application by the court of the overriding objective, Power of judge, Master or district judge to perform functions of the court, Court’s discretion as to where it deals with cases, Dates for compliance to be calendar dates and to include time of day, Court officer’s power to refer to a judge, Court’s power to make order of its own initiative, Judgment without trial after striking out, Setting aside judgment entered after striking out, Sanctions for non—payment of certain fees, Sanctions have effect unless defaulting party obtains relief, General power of the court to rectify matters where there has been an error of procedure. 2. Appeals, etc., affecting industrial and provident societies, etc. Share. Rule 6.Requirements in connection with payments, Rule 2.Assignment of certain actions to Chancery Division, Rule 4.Claim for possession: failure by a defendant to acknowledge service, Rule 5.Claim in Chancery Division for possession or payment: evidence, Rule 5A.Claim for the enforcement of charging order by sale. Download PDF stream 2.11.Time limits may be varied by parties, PART 3 THE COURT'S CASE MANAGEMENT POWERS, 3.1.The court’s general powers of management, 3.2.Court officer’s power to refer to a judge, 3.3.Court’s power to make order of its own initiative, 3.4.Power to strike out a statement of case, 3.5.Judgment without trial after striking out, 3.6.Setting aside judgment entered after striking out, 3.7.Sanctions for non—payment of certain fees, 3.8.Sanctions have effect unless defaulting party obtains relief, 3.10.General power of the court to rectify matters where there has been an error of procedure. of securities, RSC ORDER 51 RECEIVERS: EQUITABLE EXECUTION, Rule 1.Appointment of receiver by way of equitable execution. (1) The forms set out in a practice direction shall... Signature of documents by mechanical means, Part 6 rules about service apply generally, Service of documents on children and patients, General rules about service subject to special rules about service of claim form, Service of claim form by the court—defendant’s address for service, Certificate of service relating to the claim form, Service of the claim form by contractually agreed method, Service of claim form on agent of principal who is overseas, Right to use one claim form to start two or more claims, Extension of time for serving a claim form, Application by defendant for service of claim form, Form for defence etc. Rectification of register of deeds of arrangement, Exercise of jurisdiction under Representation of the People Acts, Appeal to High Court where Court’s decision is final, Reference of question of law by Agricultural Land Tribunal, Tribunals and Inquiries Act 1992: appeal from tribunal, Tribunals and Inquiries Act 1992: case stated by tribunal, Tribunals and Inquiries Act 1971: appeal from Minister of Transport, Consumer Credit Act 1974: appeal from Secretary of State, Case stated by Mental Health Review Tribunal, Applications for permission under section 289 (6) of the Town and Country Planning Act 1990 and section 65 (5) of the Planning (Listed Buildings and Conservation Areas) Act 1990, Proceedings under sections 289 and 290 of the Town and Country Planning Act 1990 and under section 65 of the Planning (Listed Buildings and Conservation Areas) Act 1990, Applications under section 13 Coroners Act 1988, Applications under section 42, Supreme Court Act 1981, Restraining removal on sale of goods seized, Application under section 1 (5) of the Industrial and Provident Societies Act 1967, Reference by Secretary of State of certain applications. RSC ORDER 15 CAUSES OF ACTION, COUNTERCLAIMS AND PARTIES. Rule 3.Filing of witness statement or affidavits, etc. Inapplicability of Rule 4 7. Cases in which consolidated order may be made, Making of consolidated order by court of its own motion, Evidence by witness statement or affidavit, Notification of order on judgment of High Court, Notification to foreign court of part payment before debtor lodged in prison, Discharge of debtor otherwise than on payment, Preparation, service and effect of order to show cause, Notice by deposit-taking institution denying indebtedness, Directions where dispute as to notice under rule 5, Determination of liability in other cases, Order on further consideration of application for charging order, Issue and service of summons for offence under s.14, 92 or 124 of the Act, Committal under s.14, 92 or 118 of the Act, Notice to show cause before or after fine under s.55 of the Act, Application under s.10 of the Act of 1933 for certified copy of county court judgment, Application under s.12 of the Act of 1982 for certified copy of county court judgment, Application for certificate of money provision, Application for certified copy of judgment containing non-money provision, Imposition of terms and stay of execution. The costs to be allowed under this Part of this... Divisional Court business during vacation, Interpretation and exercise of jurisdiction, Application by Treasury Solicitor in certain cases, Person to take and manner of taking examination, Powers under relevant Acts exercisable by judge or master, Rules to have effect subject to Orders in Council, Functions under Order in Council exercisable by judge or master. (6) 1984 c. 42. Representation of beneficiaries by trustees, etc. Please continue to follow us on twitter but we hope that you will please understand that we do not follow other accounts and will not answer questions through twitter due to the constraints imposed by brevity. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run. The aim was to do this by creating one set of rules in one consolidated act, creating a one-stop-shop. Date from which practice directions and guides take effect……… Rule 4.4 Compliance with practice directions……………………………… Rule 4.5 COUNTY COURT CIVIL PROCEDURE RULES 2018 TABLE OF PROVISIONS ORDER 1—PRELIMINARY PART 1--GENERAL 1.01.Title and object 1.02.Authorising provisions 1.03.Commencement and revocations PART 2--APPLICATION OF RULES 1.05.Application 1.06.Jurisdiction not affected PART 3--INTERPRETATION 1.13.Definitions PART 4- … Short Title; Applicability and Definitions . x���Ko�@�����r&��y{F����*)�hB�EԅC��5!��\;�b�F��ι�93��..z7��!��K��78p�9R�b��he?� �=�[��Q��Y|� �f�d����U��V�c������@f@K�-��c�ܾ���]��l�_7�9o��B�f��>j�I)E�SB��`��(m���3�ܻZ'������@t3�?��O�f�j�>VW��g�i���߬�R+�]Yޓr�XE�I�Ԑ,��&I�HJ�e6��!ۮ�O�^���*�=���9sO���A�'�H�G���[ �3o���,&�4����`���`R��זjR�@���n�tӁ��cN�|�iO�AI��)Yu�%Zw�9��;���aI�R��7.0�|�˦�ρ"q�'E�]���:2X$k||H���@����������� �p�����lQd T0��$ߜW�����i]6�:��T2#餋�[���9]K�5s��bY�`i�ج�OOH�� ;�;�=t`*�L���. 31.15.Inspection and copying of documents, 31.16.Disclosure before proceedings start, 31.17.Orders for disclosure against a person not a party, 31.18.Rules not to limit other powers of the court to order disclosure, 31.19.Claim to withhold inspection or disclosure of a document, 31.20.Restriction on use of a privileged document inspection of which has been inadvertently allowed, 31.21.Consequence of failure to disclose documents or permit inspection, 31.22.Subsequent use of disclosed documents, 32.3.Evidence by video link or other means, 32.4.Requirement to serve witness statements for use at trial, 32.5.Use at trial of witness statements which have been served, 32.6.Evidence in proceedings other than at trial, 32.10.Consequence of failure to serve witness statement or summary, 32.11.Cross-examination on a witness statement, 32.12.Use of witness statements for other purposes, 32.13.Availability of witness statements for inspection, 32.17.Affidavit made outside the jurisdiction, 32.19.Notice to admit or produce documents, PART 33 MISCELLANEOUS RULES ABOUT EVIDENCE, 33.2.Notice of intention to rely on hearsay evidence, 33.3.Circumstances in which notice of intention to rely on hearsay evidence is not required, 33.4.Power to call witness for cross-examination on hearsay evidence, 33.6.Use of plans, photographs and models as evidence, 33.7.Evidence of finding on question of foreign law, 33.8.Evidence of consent of trustee to act, PART 34 DEPOSITIONS AND COURT ATTENDANCE BY WITNESSES, 34.4.Witness summons in aid of inferior court or of tribunal, 34.7.Right of witness to travelling expenses and compensation for loss of time, 34.12.Restrictions on subsequent use of deposition taken for the purpose of any hearing except the trial, 34.13.Where a person to be examined is out of the jurisdiction—letter of request, 35.3.Experts—overriding duty to the court, 35.4.Court’s power to restrict expert evidence, 35.5.General requirement for expert evidence to be given in a written report, 35.7.Court’s power to direct that evidence is to be given by a single joint expert, 35.8.Instructions to a single joint expert, 35.9.Power of court to direct a party to provide information, 35.11.Use by one party of expert’s report disclosed by another, 35.13.Consequence of failure to disclose expert’s report, 35.14.Expert’s right to ask court for directions, PART 36 OFFERS TO SETTLE AND PAYMENTS INTO COURT, 36.2.Part 36 offers and Part 36 payments—general provisions, 36.3.A defendant’s offer to settle a money claim requires a Part 36 payment, 36.4.Defendant’s offer to settle the whole of a claim which includes both a money claim and a non-money claim, 36.7.Offer to settle a claim for provisional damages, 36.8.Time when a Part 36 offer or a Part 36 payment is made and accepted, 36.9.Clarification of a Part 36 offer or a Part 36 payment notice, 36.10.Court to take into account offer to settle made before commencement of proceedings, 36.11.Time for acceptance of a defendant’s Part 36 offer or Part 36 payment, 36.12.Time for acceptance of a claimant’s Part 36 offer, 36.13.Costs consequences of acceptance of a defendant’s Part 36 offer or Part 36 payment, 36.14.Costs consequences of acceptance of a claimant’s Part 36 offer, 36.15.The effect of acceptance of a Part 36 offer or a Part 36 payment, 36.16.Payment out of a sum in court on the acceptance of a Part 36 payment, 36.17.Acceptance of a Part 36 offer or a Part 36 payment made by one or more, but not all, defendants, 36.18.Other cases where a court order is required to enable acceptance of a Part 36 offer or a Part 36 payment, 36.19.Restriction on disclosure of a Part 36 offer or a Part 36 payment, 36.20.Costs consequences where claimant fails to do better than a Part 36 offer or a Part 36 payment, 36.21.Costs and other consequences where claimant does better than he proposed in his Part 36 offer, PART 37 MISCELLANEOUS PROVISIONS ABOUT PAYMENTS INTO COURT, 37.1.Money paid into court under a court order—general, 37.2.Money paid into court may be treated as a Part 36 payment, 37.3.Money paid into court where defendant wishes to rely on defence of tender before claim, 37.4.Proceedings under Fatal Accidents Act 1976 and Law Reform (Miscellaneous Provisions) Act 1934—apportionment by court, 38.4.Right to apply to have notice of discontinuance set aside, 38.5.When discontinuance takes effect where permission of the court is not needed, 38.7.Discontinuance and subsequent proceedings, 38.8.Stay of remainder of partly discontinued proceedings where costs not paid, PART 39 MISCELLANEOUS PROVISIONS RELATING TO HEARINGS, 39.2.General rule—hearing to be in public, 39.6.Representation at trial of companies or other corporations, 40.3.Drawing up and filing of judgments and orders, 40.5.Power to require judgment or order to be served on a party as well as his solicitor, 40.8.Time from which interest begins to run, 40.9.Who may apply to set aside or vary a judgment or order, 40.10.Judgment against a State in default of acknowledgment of service, 40.11.Time for complying with a judgment or order, 40.12.Correction of errors in judgments and orders, 40.13.Cases where court gives judgment both on claim and counterclaim, 40.14.Judgment in favour of certain part owners relating to the detention of goods, 41.2.Order for an award of provisional damages, 42.2.Change of solicitor—duty to give notice, 42.3.Order that a solicitor has ceased to act, 42.4.Removal of solicitor who has ceased to act on application of another party, PART 43 SCOPE OF COST RULES AND DEFINITIONS, 44.3.Court’s discretion and circumstances to be taken into account when exercising its discretion as to costs, 44.5.Factors to be taken into account in deciding the amount of costs, 44.8.Time for complying with an order for costs, 44.9.Costs on the small claims track and fast track, 44.10.Limitation on amount court may allow where a claim allocated to the fast track settles before trial, 44.11.Costs following allocation and re-allocation, 44.12.Cases where costs orders deemed to have been made, 44.14.Court’s powers in relation to misconduct, 45.3.When defendant only liable for fixed commencement costs, 46.3.Power to award more or less than the amount of fast track trial costs, 46.4.Fast track trial costs where there is more than one claimant or defendant, PART 47 PROCEDURE FOR DETAILED ASSESSMENT OF COSTS AND DEFAULT PROVISIONS, SECTION I—GENERAL RULES ABOUT DETAILED ASSESSMENT, 47.1.Time when detailed assessment may be carried out, 47.2.No stay of detailed assessment where there is an appeal, 47.3.Powers of an authorised court officer, 47.4.Venue for detailed assessment proceedings, SECTION II—COSTS PAYABLE BY ONE PARTY TO ANOTHER—COMMENCE MENT OF DETAILED ASSESSMENT PROCEEDINGS, 47.6.Commencement of detailed assessment proceedings, 47.7.Period for commencing detailed assessment proceedings, 47.8.Sanction for delay in commencing detailed assessment proceedings, 47.9.Points of dispute and consequence of not serving, SECTION III—COSTS PAYABLE BY ONE PARTY TO ANOTHER—DEFAULT PROVISIONS, 47.12.Setting aside default costs certificate, SECTION IV—COSTS PAYABLE BY ONE PARTY TO ANOTHER—PROCEDURE WHERE POINTS OF 7DISPUTE ARE SERVED, SECTION V—INTERIM COSTS CERTIFICATE AND FINAL COSTS CERTIFICATE, 47.15.Power to issue an interim certificate, SECTION VI—DETAILED ASSESSMENT PROCEDURE FOR COSTS OF AN ASSISTED PERSON WHERE COSTS ARE PAYABLE OUT OF THE LEGAL AID FUND, 47.17.Detailed assessment procedure for costs of an assisted person where costs are payable out of the legal aid fund, SECTION VII—COSTS OF DETAILED ASSESSMENT PROCEEDINGS, 47.18.Liability for costs of detailed assessment proceedings, 47.19.Offers to settle without prejudice save as to costs of the detailed assessment proceedings, SECTION VIII—APPEAL AGAINST DECISIONS IN DETAILED ASSESSMENT PROCEEDINGS, 47.21.Preliminary requirements for bringing an appeal, 47.24.Obtaining the court’s permission to appeal, SECTION 1—COSTS PAYABLE BY OR TO PARTICULAR PERSONS, 48.1.Pre-commencement disclosure and orders for disclosure against a person who is not a party, 48.2.Costs orders in favour of or against non-parties, 48.3.Amount of costs where costs are payable pursuant to a contract, 48.4.Limitations on court’s power to award costs in favour of trustee or personal representative, 48.5.Costs where money is payable by or to a child or patient, SECTION II—COSTS RELATING TO SOLICITORS AND OTHER LEGAL REPRE SENTATIVES, 48.7.Personal liability of legal representative for costs—wasted costs orders, 48.8.Basis of detailed assessment of solicitor and client costs. 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