Legalize / United Kingdom / Statutory-Instrument

The Civil Procedure Rules 1998

Type Statutory-Instrument

Publication 1998-12-10

Last updated 2026-10-02

State In force

Department Statute Law Database

Source legislation.gov.uk

PDF Download

articles Not indexed

These Rules provide a new code of civil procedure for the civil courts. They replace the Rules of the Supreme Court 1965 and the County Court Rules 1981. As well as the main body of the new rules (Parts 1—48), they also provide for certain specialist proceedings (Part 49) and transitional provisions (Part 51); the details of these are contained in practice directions. Part 50 introduces schedules to the Rules containing those provisions of the former rules of court which for the time being are re-enacted as part of the Civil Procedure Rules but without substantial changes.

Reform history JSON API

(c) if that hearing centre does not serve the address where the dwelling is situated, the claim is to be sent, after issue, to the hearing centre serving that address.

(Practice Direction 55A includes further direction in respect of claims which are not made at the County Court hearing centre which serves the address where the dwelling is situated.)

(2) The claim may be started in the High Court if the claimant files with their claim form a certificate stating the reasons for bringing the claim in that court verified by a statement of truth ....

(3) The claim form and form of defence sent with it must be in the forms specified in Practice Direction 55A.

Particulars of claim

55.33

The particulars of claim must be filed and served with the claim form.

(Part 16 and Practice Direction 55A provide details about the contents of the particulars of claim.)

Hearing date

55.34

(1) Subject to paragraph (2), the court is to fix a date for the hearing when it issues the claim form.

(2) If the claim has been sent on to the hearing centre which serves the address where the dwelling is situated, that hearing centre is to fix a date for hearing when it receives the claim.

(3) In all Renting Homes possession claims—

(a) the hearing date is to be not less than 28 days from the date of issue of the claim form;

(b) the standard period between the issue of the claim form and the hearing is to be not more than 8 weeks; and

(c) the defendant must be served with the claim form and particulars of claim not less than 21 days before the hearing date.

Defendant’s response and adding of sub-holder as a party

55.35

(1) An acknowledgment of service is not required and Part 10 does not apply.

(2) Where, in any Renting Homes possession claim, the defendant does not file a defence within the time specified in rule 15.4, the defendant may take part in any hearing but the court may take their failure to do so into account when deciding what order to make about costs.

(3) Part 12 (default judgment) does not apply in a claim to which this Section applies.

(4) Where a sub-holder applies to the court to be added as a party to proceedings, the court must add them as a defendant if they are entitled to be a party under section 65(4) of the 2016 Act.

The hearing

55.36

(1) At the hearing fixed in accordance with rule 55.34 or at any adjournment of that hearing, the court may—

(a) decide the claim; or

(b) give case management directions.

(2) Where the claim is genuinely disputed on grounds which appear to be substantial, case management directions given under paragraph (1)(b) will include the allocation of the claim to a track or directions to enable it to be allocated.

(3) Except where—

(a) the claim is allocated to the fast track , the intermediate track or the multi-track; or

(b) the court orders otherwise,

any fact that needs to be proved by the evidence of witnesses at a hearing referred to in paragraph (1) may be proved by evidence in writing.

(4) All witness statements must be filed and served at least 2 days before the hearing.

(5) Where the claimant serves the claim form and particulars of claim, the claimant must produce at the hearing a certificate of service of those documents and rule 6.17(2)(a) does not apply.

Allocation

55.37

(1) When the court decides the track for a Renting Homes possession claim, the matters it must consider include—

(a) the matters set out in rule 26.13 as modified by the relevant practice direction;

(b) the amount of any arrears of rent;

(d) the importance of vacant possession to the claimant; and

(e) if applicable, the alleged conduct of the defendant.

(2) The court may only allocate Renting Homes possession claims to the small claims track if all the parties agree.

(3) Where a Renting Homes possession claim has been allocated to the small claims track the claim must be treated, for the purposes of costs, as if it were proceeding on the fast track except that trial costs are to be in the discretion of the court and must not exceed the amount that would be recoverable under Part 45 if the value of the claim were up to £3,000.

(4) Where all the parties agree the court may, when it allocates the claim, order that rule 27.14 (costs on the small claims track) applies and, where it does so, paragraph (3) does not apply.

Electronic issue of certain Renting Homes possession claims

55.38

(1) A practice direction may make provision for a claimant to start certain types of Renting Homes possession claim in certain courts by requesting the issue of a claim form electronically.

(2) The practice direction may, in particular—

(a) provide that only particular provisions apply in specific courts;

(b) specify—

(i) the type of claim which may be issued electronically;

(ii) the conditions that a claim must meet before it may be issued electronically;

(d) enable the parties to make certain applications or take further steps in relation to the claim electronically;

(e) specify the requirements that must be fulfilled in relation to such applications or steps;

(f) enable the parties to correspond electronically with the court about the claim;

(g) specify the requirements that must be fulfilled in relation to electronic correspondence;

(h) provide how any fee payable on the filing of any document is to be paid where the document is filed electronically.

(3) The practice direction may disapply or modify these Rules as appropriate in relation to claims started electronically.

V RENTING HOMES WALES – ACCELERATED POSSESSION CLAIMS OF DWELLINGS LET ON A STANDARD CONTRACT

Interpretation

55.39

The definitions set out in rule 55.30 apply to this Section also.

When this Section may be used

55.40

(1) The claimant may bring a Renting Homes possession claim under this Section of this Part where—

(a) the claim is brought under—

(i) section 170³³⁰³ of the 2016 Act to recover possession of a dwelling let under a periodic standard contract (following contract-holder’s notice);

(ii) section 178 of the 2016 Act to recover possession of a dwelling let under a periodic standard contract (landlord’s notice);

(iii) section 186 of the 2016 Act to recover possession of a dwelling let under a fixed term standard contract (landlord’s notice at end of fixed term);

(iv) section 191 of the 2016 Act to recover possession of a dwelling let under a fixed term standard contract (following contract-holder’s break clause); or

(v) section 199 of the 2016 Act to recover possession of a dwelling let on a fixed term standard contract (landlord’s break clause); and

(b) all the conditions listed in rule 55.41 are satisfied.

(2) The claimant may make the claim at any County Court hearing centre, unless an enactment provides otherwise.

(3) The claim is to be issued by the hearing centre where the claim is made.

(4) If the hearing centre where the claim is made does not serve the address where the dwelling is situated, the claim is to be sent, after issue, to the hearing centre serving that address.

Conditions

55.41

The conditions referred to in rule 55.40(1)(b) are that—

(a) the only purpose of the claim is to recover possession of the dwelling and no other claim is made;

(b) the claim relates to an occupation contract which is a standard contract; and

(c) a prescribed notice in accordance with any of the following sections of the 2016 Act was given to the contract-holder—

(i) section 171 (if the claim is brought under section 170 of that Act);

(ii) section 173 (if the claim is brought under section 178 of that Act);

(iii) section 186 (if the claim is brought under that section);

(iv) section 192 (if the claim is brought under section 191 of that Act); or

(v) section 194 (if the claim is brought under section 199 of that Act).

Claim form

55.42

(1) The claim form must—

(a) be in the form specified in Practice Direction 55A; and

(b) contain all information and be accompanied by all documents as are required by that form.

(2) The court is to serve the claim form by first class post (or an alternative service which provides for delivery on the next working day).

Defence

55.43

(1) A defendant who wishes to—

(a) oppose the claim; or

(b) seek a postponement of possession in accordance with rule 55.47,

must file a defence within 14 days after service of the claim form.

(2) The defence must be in the form specified in Practice Direction 55A.

Claim referred to judge

55.44

(1) On receipt of the defence the court must—

(a) send a copy to the claimant; and

(b) refer the claim and defence to a judge.

(2) Where the period set out in rule 55.43 has expired without the defendant filing a defence—

(a) the claimant may file a written request for an order for possession; and

(b) the court must refer that request to a judge.

(3) Where the defence is received after the period set out in rule 55.43 has expired but before a request is filed in accordance with paragraph (2), paragraph (1) still applies.

(4) Where—

(a) the period set out in rule 55.43 has expired without the defendant filing a defence; and

(b) the claimant has not made a request for an order for possession under paragraph (2) within 3 months after the expiry of the period set out in rule 55.43,

the claim must be stayed.

Consideration of the claim

55.45

(1) After considering the claim and any defence, the judge may—

(a) make an order for possession under rule 55.46 without requiring the attendance of the parties;

(b) strike out the claim if the claim form discloses no reasonable grounds for bringing the claim; or

(i) direct that a date be fixed for a hearing; and

(ii) give any appropriate case management directions.

(2) This paragraph applies where the judge is not satisfied either that the claim form was served or that the claimant has established that they are entitled to recover possession from the defendant.

(3) This paragraph applies where—

(a) an application under section 36 (incomplete written statement) or section 37 (incorrect statement: contract-holder’s application to the court) of the 2016 Act has been made (and not disposed of) in connection with the occupation contract of the dwelling in respect of which the possession claim has been brought;

(b) the claim is a claim under section 178 or section 199 of the 2016 Act, where the issue of retaliatory possession has been raised under section 217 of the 2016 Act;

(c) the claim is a claim under section 170, section 178, section 186, section 191 or section 199 of the 2016 Act, where a defence based on the defendant’s Convention rights is raised.

(5) The court is to give all parties not less than 14 days’ notice of a hearing fixed under paragraph (1)(c)(i).

(6) Where a claim is struck out under paragraph (1)(b)—

(a) the court is to serve its reasons for striking out the claim with the order; and

(b) the claimant may apply to restore the claim within 28 days after the date the order was served on them.

Possession order

55.46

Except where rules 55.45(1)(b) or (c) apply, the judge must make an order for possession without requiring the attendance of the parties.

Postponement of possession

55.47

(1) Where the defendant seeks postponement of possession on the ground of exceptional hardship under section 219 of the 2016 Act, the judge may direct a hearing of that issue.

(2) Where the judge directs a hearing under paragraph (1)—

(a) the hearing must be held before the date on which possession is to be given up; and

(b) the judge must direct how many days’ notice the parties must be given of that hearing.

(3) Where the judge is satisfied, on a hearing directed under paragraph (1), that exceptional hardship would be caused by requiring possession to be given up by the date in the order of possession, the judge may vary the date on which possession must be given up.

Application to set aside or vary

55.48

The court may—

(a) on application by a party within 14 days of service of the order; or

(b) of its own initiative,

set aside or vary any order made under rule 55.46.

PART 56 — LANDLORD AND TENANT CLAIMS AND MISCELLANEOUS PROVISIONS ABOUT LAND AND CLAIMS UNDER THE RENTING HOMES (WALES) ACT 2016

Contents of this part
I–LANDLORD AND TENANTS CLAIMS
Scope and interpretation	Rule 56.1
Starting the claim	Rule 56.2
Claims under section 24 of the Landlord and Tenant Act 1954	Rule 56.3
II–MISCELLANEOUS PROVISIONS ABOUT LAND
Scope	Rule 56.4

III APPLICATIONS AND CLAIMS TO THE COURT UNDER THE RENTING HOMES (WALES) ACT 2016
Scope and interpretation	Rule 56.5
Making the claim	Rule 56.6
Further provision for Renting Homes (Wales) claims	Rule 56.7

I–LANDLORD AND TENANT CLAIMS

Scope and interpretation

56.1

(1) In this Section of this Part “landlord and tenant claim” means a claim under—

(a) the Landlord and Tenant Act 1927³³⁰⁴;

(b) the Leasehold Property (Repairs) Act 1938³³⁰⁵;

(d) the Landlord and Tenant Act 1985³³⁰⁷; ...

(e) the Landlord and Tenant Act 1987³³⁰⁸ ; or

(f) section 214 of the Housing Act 2004.

(2) A practice direction may set out special provisions with regard to any particular category of landlord and tenant claim.

Starting the claim

56.2

(1) In the County Court—

(a) the claim may be made at any County Court hearing centre, unless paragraph (2) applies or an enactment provides otherwise;

(b) the claim will be issued by the hearing centre where the claim is made; and

(c) if the claim is not made at the County Court hearing centre which serves the address where the land is situated, the claim will be sent to the hearing centre serving that address.

(Practice Direction 56 includes further direction in respect of claims which are not made at the County Court hearing centre which serves the address where the land is situated.)

(2) Unless an enactment provides otherwise, the claim may be started in the High Court if the claimant files with the claim form a certificate stating the reasons for bringing the claim in that court verified by a statement of truth ....

(3) Practice Direction 55A refers to circumstances which may justify starting the claim in the High Court.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

56.3

(1) This rule applies to a claim for a new tenancy under section 24 and to a claim for the termination of a tenancy under section 29(2) of the 1954 Act.

(2) In this rule—

(a) “the 1954 Act” means the Landlord and Tenant Act 1954;

(b) “an unopposed claim” means a claim for a new tenancy under section 24 of the 1954 Act in circumstances where the grant of a new tenancy is not opposed;

(i) a new tenancy under section 24 of the 1954 Act in circumstances where the grant of a new tenancy is opposed; or

(ii) the termination of a tenancy under section 29(2) of the 1954 Act.

(3) Where the claim is an unopposed claim—

(a) the claimant must use the Part 8 procedure, but the following rules do not apply—

(i) rule 8.5; and

(ii) rule 8.6; and

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) the court will give directions about the future management of the claim following receipt of the acknowledgment of service.

(4) Where the claim is an opposed claim the claimant must use the Part 7 procedure.

(Practice Direction 56 contains provisions about evidence, including expert evidence in opposed claims)

II–MISCELLANEOUS PROVISIONS ABOUT LAND

Scope

56.4

A practice direction may set out special provisions with regard to claims under the following enactments—

(a) the Chancel Repairs Act 1932³³¹⁰;

(b) the Leasehold Reform Act 1967³³¹¹;

(d) the Leasehold Reform, Housing and Urban Development Act 1993 ; and

(e) the Commonhold and Leasehold Reform Act 2002

III APPLICATIONS AND CLAIMS TO THE COURT UNDER THE RENTING HOMES (WALES) ACT 2016

Scope and interpretation

56.5

(1) In this Section of this Part —

(a) “the 2016 Act” means the Renting Homes (Wales) Act 2016;

(b) “Renting Homes (Wales) claim” means a claim or application under the 2016 Act other than a claim —

(i) for possession;

(ii) for a prohibited conduct standard contract order under section 116 of the 2016 Act;

(iii) to which the Pre-Action Protocol for Housing Disrepair Cases applies; or

(iv) brought in the same proceedings as a claim referred to in paragraphs (i) to (iii);

and includes an appeal under section 78 of the 2016 Act;

(c) “the claimant” means the person making the Renting Homes (Wales) claim, irrespective of whether it is a claim or application under the 2016 Act.

Making the Renting Homes (Wales) claim

56.6

In the County Court, the Renting Homes (Wales) claim—

(a) may be made at any County Court hearing centre;

(b) is to be issued by the hearing centre where the claim is made; and

(c) if not made at the County Court hearing centre which serves the address where the land is situated, is to be sent to the hearing centre serving that address.

Further provision for Renting Homes (Wales) claims

56.7

A practice direction may set out provisions with regard to Renting Homes (Wales) claims.

PART 57 — PROBATE, INHERITANCE, PRESUMPTION OF DEATH AND GUARDIANSHIP OF MISSING PERSONS

Scope of this Part and definitions	Rule 57.1
SECTION I—PROBATE CLAIMS
General	Rule 57.2
How to start a probate claim	Rule 57.3
Acknowledgment of service and defence	Rule 57.4
Lodging of testamentary documents and filing of evidence about testamentary documents	Rule 57.5
Revocation of existing grant	Rule 57.6
Contents of statement of case	Rule 57.7
Counterclaim	Rule 57.8
Probate counterclaim in other proceedings	Rule 57.9
Failure to acknowledge service or to file a defence	Rule 57.10
Discontinuance and dismissal	Rule 57.11
SECTION II—RECTIFICATION OF WILLS	Rule 57.12
SECTION III—SUBSTITUTION AND REMOVAL OF PERSONAL REPRESENTATIVES	Rule 57.13
IV CLAIMS UNDER THE INHERITANCE (PROVISION FOR FAMILY AND DEPENDANTS) ACT 1975
Scope of this Section	Rule 57.14
Proceedings in the High Court	Rule 57.15
Procedure for claims under section 1 of the Act	Rule 57.16
SECTION V – PROCEEDINGS UNDER THE PRESUMPTION OF DEATH ACT 2013
Scope and interpretation	57.17
Proceedings to be in the High Court	57.18
Procedure for claims for a declaration of presumed death or a variation order	57.19
Giving notice of claim	57.20
Advertisement of claim	57.21
Interveners	57.22
Requirement to provide information	57.23
Requirement to send copy of declaration to the Public Guardian	Rule 57.24
SECTION VI – PROCEEDINGS UNDER THE GUARDIANSHIP (MISSING PERSONS) ACT 2017
Scope and interpretation	Rule 57.25
Proceedings to be in the High Court	Rule 57.26
Procedure for making claims for a guardianship order	Rule 57.27
Procedure for making applications for revocation/variation of guardianship orders and applications relating to guardianship orders	Rule 57.28
Giving notice and advertisement of claim for a guardianship order or an application for a revocation/variation order	Rule 57.29
Giving notice and advertisement of applications relating to guardianship orders or the potential exercise of powers under the 2017 Act	Rule 57.30
Interveners	Rule 57.31
Requirement to send a copy of all orders made to the Public Guardian	Rule 57.32
Death of the missing person	Rule 57.33

Scope of this Part and definitions

57.1

(1) This Part contains rules about—

(a) probate claims;

(b) claims for the rectification of wills; ...

(i) substitute another person for a personal representative; or

(ii) remove a personal representative ; ...

(d) claims under the Inheritance (Provision for Family and Dependants) Act 1975 ; ...

(e) proceedings under the Presumption of Death Act 2013 ; and

(f) proceedings under the Guardianship (Missing Persons) Act 2017.

(2) In this Part:

(a) “probate claim” means a claim for—

(i) the grant of probate of the will, or letters of administration of the estate, of a deceased person;

(ii) the revocation of such a grant; or

(iii) a decree pronouncing for or against the validity of an alleged will;

not being a claim which is non-contentious (or common form) probate business;

SECTION I—PROBATE CLAIMS

General

57.2

(1) This Section contains rules about probate claims.

(2) Probate claims in the High Court are assigned to a Property, Trusts and Probate List of the Business and Property Division.

(3) Probate claims in the County Court must be started in accordance with paragraph 4.1(b) of Practice Direction 57AA.

(4) All probate claims are allocated to the multi-track.

How to start a probate claim

57.3

A probate claim must be commenced—

(a) in the relevant office (and in the Business and Property Division, in a Property, Trusts and Probate List); and

(b) using the procedure in Part 7.

Acknowledgment of service and defence

57.4

(1) A defendant who is served with a claim form must file an acknowledgment of service.

(2) Subject to paragraph (3), the period for filing an acknowledgment of service is—

(a) if the defendant is served with a claim form which states that particulars of claim are to follow, 28 days after service of the particulars of claim; and

(b) in any other case, 28 days after service of the claim form.

(3) If the claim form is served out of the jurisdiction under rule 6.32 or 6.33, the period for filing an acknowledgment of service is 14 days longer than the relevant period specified in rule 6.35 or Practice Direction 6B.

(4) Rule 15(4) (which provides the period for filing a defence) applies as if the words “under Part 10” were omitted from rule 15.4(1)(b).

Lodging of testamentary documents and filing of evidence about testamentary documents

57.5

(1) Any testamentary document of the deceased person in the possession or control of any party must be lodged with the court.

(2) Unless the court directs otherwise, the testamentary documents must be lodged in the relevant office—

(a) by the claimant when the claim form is issued; and

(b) by a defendant when he acknowledges service.

(3) The claimant and every defendant who acknowledges service of the claim form must in written evidence—

(a) describe any testamentary document of the deceased of which he has any knowledge or, if he does not know of any such testamentary document, state that fact, and

(b) if any testamentary document of which he has knowledge is not in his possession or under his control, give the name and address of the person in whose possession or under whose control it is or, if he does not know the name or address of that person, state that fact.

Revocation of existing grant

57.6

(1) In a probate claim which seeks the revocation of a grant of probate or letters of administration every person who is entitled, or claims to be entitled, to administer the estate under that grant must be made a party to the claim.

(2) If the claimant is the person to whom the grant was made, he must lodge the probate or letters of administration in the relevant office when the claim form is issued.

(3) If a defendant has the probate or letters of administration under his control, he must lodge it in the relevant office when he acknowledges service.

(4) Paragraphs (2) and (3) do not apply where the grant has already been lodged at the court, which in this paragraph includes the Principal Registry of the Family Division or a district probate registry.

Contents of statements of case

57.7

(1) The claim form must contain a statement of the nature of the interest of the claimant and of each defendant in the estate.

(2) If a party disputes another party’s interest in the estate he must state this in his statement of case and set out his reasons.

(3) Any party who contends that at the time when a will was executed the testator did not know of and approve its contents must give particulars of the facts and matters relied on.

(4) Any party who wishes to contend that—

(a) a will was not duly executed;

(b) at the time of the execution of a will the testator lacked testamentary capacity; or

must set out the contention specifically and give particulars of the facts and matters relied on.

(a) A defendant may give notice in his defence that he does not raise any positive case, but insists on the will being proved in solemn form and, for that purpose, will cross-examine the witnesses who attested the will.

(b) If a defendant gives such a notice, the court will not make an order for costs against him unless it considers that there was no reasonable ground for opposing the will.

Counterclaim

57.8

(1) A defendant who contends that he has any claim or is entitled to any remedy relating to the grant of probate of the will, or letters of administration of the estate, of the deceased person must serve a counterclaim making that contention.

(2) If the claimant fails to serve particulars of claim within the time allowed, the defendant may, with the permission of the court, serve a counterclaim and the probate claim shall then proceed as if the counterclaim were the particulars of claim.

Probate counterclaim in other proceedings

57.9

(1) In this rule “probate counterclaim” means a counterclaim in any claim other than a probate claim by which the defendant claims any such remedy as is mentioned in rule 57.1(2)(a).

(2) Subject to the following paragraphs of this rule, this Part shall apply with the necessary modifications to a probate counterclaim as it applies to a probate claim.

(3) A probate counterclaim must contain a statement of the nature of the interest of each of the parties in the estate of the deceased to which the probate counterclaim relates.

(4) Unless an application notice is issued within 7 days after the service of a probate counterclaim for an order under rule 3.1(2)(e) or 3.4 for the probate counterclaim to be dealt with in separate proceedings or to be struck out, and the application is granted, the court will order the transfer of the proceedings to either—

(a) a Property, Trusts and Probate List of the Business and Property Division; or

(b) if the County Court has jurisdiction, to a County Court hearing centre listed in paragraph 4.1(b) of Practice Direction 57AA,

if it is not already proceeding in one of those places.

(5) If an order is made that a probate counterclaim be dealt with in separate proceedings, the order shall order the transfer of the probate counterclaim as required under paragraph (4).

Failure to acknowledge service or to file a defence

57.10

(1) A default judgment cannot be obtained in a probate claim and rule 10.2 and Part 12 do not apply.

(2) If any of several defendants fails to acknowledge service the claimant may—

(a) after the time for acknowledging service has expired; and

(b) upon filing written evidence of service of the claim form and (if no particulars of claim were contained in or served with the claim form) the particulars of claim on that defendant;

proceed with the probate claim as if that defendant had acknowledged service.

(3) If no defendant acknowledges service or files a defence then, unless on the application of the claimant the court orders the claim to be discontinued, the claimant may, after the time for acknowledging service or for filing a defence (as the case may be) has expired, apply to the court for an order that the claim is to proceed to trial.

(4) When making an application under paragraph (3) the claimant must file written evidence of service of the claim form and (if no particulars of claim were contained in or served with the claim form) the particulars of claim on each of the defendants.

(5) Where the court makes an order under paragraph (3), it may direct that the claim be tried on written evidence.

Discontinuance and dismissal

57.11

(1) Part 38 does not apply to probate claims.

(2) At any stage of a probate claim the court, on the application of the claimant or of any defendant who has acknowledged service, may order that—

(a) the claim be discontinued or dismissed on such terms as to costs or otherwise as it thinks just; and

(b) a grant of probate of the will, or letters of administration of the estate, of the deceased person be made to the person entitled to the grant.

SECTION II—RECTIFICATION OF WILLS

57.12

(1) This Section contains rules about claims for the rectification of a will.

SECTION III—SUBSTITUTION AND REMOVAL OF PERSONAL REPRESENTATIVES

57.13

(1) This Section contains rules about claims and applications for substitution or removal of a personal representative.

(2) Claims under this Section must be started in a Property, Trusts and Probate List of the Business and Property Division.

IV CLAIMS UNDER THE INHERITANCE (PROVISION FOR FAMILY AND DEPENDANTS) ACT 1975

Scope of this Section

57.14

This Section contains rules about claims under the Inheritance (Provision for Family and Dependants) Act 1975³²⁹⁸ (“the Act”).

Proceedings in the High Court

57.15

(1) Proceedings in the High Court under the Act shall be issued in either—

(a) a Property, Trusts and Probate List of the Business and Property Division; or

(b) the Family Division.

(2) The Civil Procedure Rules apply to proceedings under the Act which are brought in the Family Division, except that the provisions of the Family Proceedings Rules 1991³²⁹⁹ relating to the drawing up and service of orders apply instead of the provisions in Part 40 and Practice Direction 40B.

Procedure for claims under section 1 of the Act

57.16

(1) A claim under section 1 of the Act must be made by issuing a claim form in accordance with Part 8.

(2) Rule 8.3 (acknowledgment of service) and rule 8.5 (filing and serving written evidence) apply as modified by paragraphs (3) to (5) of this rule.

(3) The written evidence filed and served by the claimant with the claim form must , except in the circumstances specified in paragraph (3A), have exhibited to it an official copy of—

(a) the grant of probate or letters of administration in respect of the deceased’s estate; and

(b) every testamentary document in respect of which probate or letters of administration were granted.

(3A) Where no grant has been obtained, the claimant may make a claim without naming a defendant and may apply for directions as to the representation of the estate. The written evidence must—

(a) explain the reasons why it has not been possible for a grant to be obtained;

(b) be accompanied by the original or a copy (if either is available) of the will or other testamentary document in respect of which probate or letters of administration are to be granted; and

(i) brief details of the property comprised in the estate, with an approximate estimate of its capital value and any income that is received from it;

(ii) brief details of the liabilities of the estate;

(iii) the names and addresses of the persons who are in possession of the documents relating to the estate; and

(iv) the names of the beneficiaries and their respective interests in the estate.

(3B) Where a claim is made in accordance with paragraph (3A), the court may give directions as to the parties to the claim and as to the representation of the estate either on the claimant’s application or on its own initiative.

(Section 4 of the 1975 Act as amended confirms that nothing prevents the making of an application under the Act before representation with respect to the estate of the deceased person is taken out.)

(4) Subject to paragraph (4A), the time within which a defendant must file and serve—

(a) an acknowledgment of service; and

(b) any written evidence,

is not more than 21 days after service of the claim form on him.

(4A) If the claim form is served out of the jurisdiction under rule 6.32 or 6.33, the period for filing an acknowledgment of service and any written evidence is 7 days longer than the relevant period specified in rule 6.35 or Practice Direction 6B.

(5) A defendant who is a personal representative of the deceased must file and serve written evidence, which must include the information required by Practice Direction 57.

SECTION V — Proceedings under the Presumption of Death Act 2013

Scope and interpretation

57.17

(1) This Section contains rules about proceedings under the Presumption of Death Act 2013.

(2) In this Section, terms used in the Presumption of Death Act 2013 Act have the meaning given by that Act, and—

(a) “the 2013 Act” means the Presumption of Death Act 2013;

(b) “a claim for a declaration of presumed death” means a claim under section 1 of the 2013 Act for a declaration that a missing person is presumed to be dead;

(c) “a claim for a variation order” means a claim for an order under section 5 of the 2013 Act varying or revoking a declaration of presumed death.

Proceedings to be in the High Court

57.18

(1) Proceedings under the 2013 Act must be issued in the High Court in either—

(a) a Property, Trusts and Probate List of the Business and Property Division; or

(b) the Family Division.

(2) The Civil Procedure Rules apply to proceedings under the 2013 Act which are brought in the Family Division, except that the provisions of the Family Procedure Rules 2010 relating to the drawing up and service of orders apply instead of the provisions in Part 40 and Practice Direction 40B.

Procedure for claims for a declaration of presumed death or a variation order

57.19

(1) A claim for a declaration of presumed death or for a variation order must be made by issuing a claim form in accordance with Part 8.

(2) In addition to the matters set out in rule 8.2 (contents of the claim form), the claim form must also include or be accompanied by the information required by Practice Direction 57B.

(3) Rules 8.2A, 8.3, 8.4 and 8.5 apply as modified by paragraphs (4) to (7) of this rule (and references elsewhere in these Rules to a defendant and to an acknowledgment of service are, where relevant, to be read as references to the substitute terms in rules 8.2A, 8.3, 8.4 and 8.5 as so modified).

(4) Rule 8.2A (issue of claim form without naming defendants) applies as if for “without naming a defendant” in paragraph (1) there were substituted “without serving notice on any person”.

(5) Rule 8.3 (acknowledgment of service) applies—

(a) as if, instead of referring to a defendant, it referred to a person giving notice of intention to intervene or applying for permission to intervene, as the case may be;

(b) as if, instead of referring to an acknowledgment of service, it referred to a notice of intention to intervene or an application for permission to intervene, as the case may be; and

(c) subject to paragraph (7), with the substitution of 21 days for 14 days as the time within which the notice of intention to intervene or application for permission to intervene must be filed and served.

(6) Rules 8.4 (consequence of not filing an acknowledgment of service) and 8.5 (filing and serving written evidence) apply—

(a) as if, instead of referring to a defendant, they referred to a person giving notice of intention to intervene or applying for permission to intervene, as the case may be; and

(b) as if, instead of referring to an acknowledgment of service, they referred to a notice of intention to intervene or an application for permission to intervene, as the case may be.

(7) If the claim form is served out of the jurisdiction under rule 6.32 or 6.33, the period for filing notice of intention to intervene or an application for permission to intervene, as the case may be, and any written evidence, is 7 days longer than the relevant period for serving an acknowledgement of service specified in rule 6.35 or Practice Direction 6B.

Giving notice of claim

57.20

(1) Where the claim is for a declaration of presumed death, the claimant must give notice of the claim by serving a copy of it on the following persons (where not the claimant)—

(a) the spouse or civil partner of the missing person;

(b) any parent of the missing person;

(d) any sibling of the missing person;

(e) if there are no persons within sub-paragraphs (a) to (d), the nearest relative of the missing person known to the claimant; and

(f) any other person (including in particular any insurance company) appearing to the claimant to have an interest in the claim.

(2) Where the claim is for a variation order, the claimant must give notice of the claim by serving a copy of it on the following persons (where not the claimant)—

(a) the person who was the claimant for the declaration of presumed death or (as the case may be) previous variation order which it is sought to have varied or revoked;

(b) the spouse or civil partner of the missing person;

(d) any child of the missing person;

(e) any sibling of the missing person;

(f) if there are no persons within sub-paragraphs (b) to (e), the nearest relative of the missing person known to the claimant; and

(g) any other person (including in particular any insurance company) appearing to the claimant to have an interest in the claim.

(3) Notice under paragraph (1)(a) to (f) or paragraph (2)(a) to (g) must be given within 7 days after the claim is issued.

Advertisement of claim

57.21

(1) The claimant (whether the claim is for a declaration of presumed death or for a variation order) must, within 7 days of issue of the claim, ensure that notice of the claim is published—

(a) in a form which meets the requirements set out in Practice Direction 57B; and

(b) in at least one newspaper circulating in the vicinity of the last known address of the missing person.

(2) The claimant must, at least 5 days before the hearing, file a copy of the page of the newspaper bearing the advertisement of notice of the claim required by paragraph (1) and the date on which it was published.

Interveners

57.22

(1) The Attorney General, or a person who is entitled to intervene in proceedings under section 11(1), must first notify the court of the intention to intervene in accordance with the requirements of Practice Direction 57B.

(2) Any other person who wishes to intervene in such proceedings must submit an application for permission to intervene in accordance with the requirements of Practice Direction 57B.

(3) Where the court grants permission to intervene, it may do so on conditions and may give case management directions.

(4) The court may direct that a person who intervenes in proceedings, other than the Attorney General, be joined as a claimant or defendant.

Requirement to provide information

57.23

(1) An application for an order under section 12(1) of the 2013 Act must be supported by evidence and must in particular—

(a) specify or describe the information in respect of which the order is sought;

(b) set out the reasons why the person making the application believes that the person against whom the order is sought is likely to have such information; and

(c) include any further details, where known, of the missing person which are likely to assist in providing the information sought.

(2) The person making the application must serve a copy of the application notice on the person against whom the order is sought, and on every other party to the proceedings (within the meaning of section 20(2) of the 2013 Act), at least 14 days before the date fixed for the hearing of the application.

(3) An application for discharge or variation under section 12(6) of an order made under section 12(1) may be made without notice unless the court directs otherwise.

Requirement to send copy of declaration to the Public Guardian

57.24

Where a declaration of presumed death made under the 2013 Act satisfies section 3(3)(a) or (b) of that Act, the court must send a copy of the declaration to the Public Guardian.

SECTIONVI — PROCEEDINGS UNDER THE GUARDIANSHIP (MISSING PERSONS) ACT 2017

Scope and interpretation

57.25

(1) This Section contains rules about proceedings under the Guardianship (Missing Persons) Act 2017.

(2) In this Section, terms used in the Guardianship (Missing Persons) Act 2017 have the meaning given by that Act, and—

(a) “the 2017 Act” means the Guardianship (Missing Persons) Act 2017;

(b) “the missing person” means the person who is or has been asserted to be “missing” within the meaning of the 2017 Act;

(c) “a claim for a guardianship order” means an application under section 2 (applying for a guardianship order) of the 2017 Act for a guardianship order;

(d) “an application for a revocation/variation order” means—

(i) an application under section 12 (variation of a guardianship order) of the 2017 Act for an order varying a guardianship order; or

(ii) an application under section 13 (revocation of a guardianship order) of the 2017 Act for an order revoking a guardianship order;

(e) “an application relating to a guardianship order” means any application which relates to the exercise of functions of a guardian but which is not a claim for a guardianship order or an application for a revocation/variation of a guardianship order;

(f) “an intervener” means either a person who falls within section 21(1) of the 2017 Act and who has given notice of intention to intervene, or a person to whom the court has given permission to intervene.

Proceedings to be in the High Court

57.26

(1) Proceedings under the 2017 Act must be issued in the High Court in either—

(a) a Property, Trusts and Probate List of the Business and Property Division; or

(b) the Family Division.

(2) The Civil Procedure Rules apply to proceedings under the 2017 Act which are brought in the Family Division, except that in the Family Division the provisions of Part 29 of the Family Procedure Rules 2010 relating to the drawing up and service of orders shall apply instead of the provisions in the Civil Procedure Rules Part 40 and Practice Direction 40B.

Procedure for making claims for a guardianship order

57.27

(1) A claim for a guardianship order must be made by issuing a claim form in accordance with Part 8.

(2) Following issue, the court shall fix a date for the first hearing of the claim and which shall, unless the court otherwise orders, be not less than 56 days from the date of issue; but any person may apply for the claim or an application to be heard at an earlier date.

(3) In addition to the matters set out in rule 8.2 (contents of the claim form), the claim form must also include the information required by paragraph 1.1 of Practice Direction 57C and be accompanied by a witness statement containing the information required by paragraph 1.2 and, where appropriate, paragraph 1.3 of Practice Direction 57C.

(4) The claim form must name the missing person as the defendant but—

(a) the claimant need take no steps to serve the claim form upon the missing person unless the court orders otherwise;

(b) the court shall consider at the first hearing what, if any, directions to make regarding service or dispensing with service of the claim form upon the missing person;

(5) Rules 8.3, 8.4 and 8.5 (rules relating to part 8 claims) shall not apply.

(Rule 57.29 sets out further steps that a claimant must take.)

Procedure for making applications for revocation/variation of guardianship orders and applications relating to guardianship orders

57.28

(1) An application for a revocation/variation order and an application relating to a guardianship order must be made in accordance with Part 23 as modified by this rule and by paragraph 2 of Practice Direction 57C.

(2) In addition to the matters set out in rule 23.6 (what an application notice must include), the application notice must also include, or be accompanied by, a witness statement which contains the information required by paragraph 2 of Practice Direction 57C in relation to that type of application.

(3) Following issue, the court shall fix a date for the first hearing of the application which shall, unless the court otherwise orders, be not less than 56 days from the date of issue; but any person may apply for the application to be heard at an earlier date.

(4) The applicant need take no steps to serve the application or any order upon the missing person unless the court orders otherwise.

(5) Rules 23.9 and 23.11 apply as modified by paragraphs (6) and (7).

(6) Rule 23.9(2) (service of application where application made without notice) applies as if it did not refer to the missing person as defendant, but did refer also to any interveners.

(7) Rule 23.11 (power of court to proceed in the absence of a party) applies as if the words “or any intervener” were inserted after both references to “any respondent”.

(Rules 57.29 and 57.30 set out further steps that applicants must take.)

Giving notice and advertisement of claim for a guardianship order or an application for a revocation/variation order

57.29

(1) The claimant or applicant must, within 14 days of notification of the date of the first hearing of the claim for a guardianship order or of an application for a revocation/variation order—

(a) send notice of the claim or application to those of the following persons whose identity and current residential or e-mail address or nominated address for service are known to the claimant or applicant—

(i) the spouse or civil partner of the missing person;

(ii) any parent of the missing person;

(iii) any child of the missing person;

(iv) any sibling of the missing person;

(v) if there are no persons within paragraphs (i) to (iv), the nearest relative of the missing person known to the claimant or applicant;

(vi) any guardian or any former guardian of the missing person;

(vii) any person who has previously intervened in and/or become a party to these or any proceedings in which a guardianship order was sought in relation to the missing person,

by sending (subject to any redaction ordered by the court, and subject to paragraph (2)) the material set out in paragraph 3.1 of Practice Direction 57C to the relevant addresses; and

(b) advertise notice of the claim or application—

(i) in a form which meets the requirements set out in paragraph 4.1 of Practice Direction 57C;

(ii) in at least one public news media circulating in or relating to the vicinity of the last known usual place of residence of the missing person;

being “Advertisement of the claim/application”.

(2) If the person has a nominated address for service known to the claimant or applicant, and provided that such address for service has been nominated expressly for the purpose of 2017 Act proceedings, the material need only be sent to that address; and, if the claimant or applicant has no access to any, or no, e-mail address of their own, they need not send the material to any e-mail address.

(3) The claimant or applicant must file at court no later than 7 days before the first hearing of the claim or application, a witness statement—

(a) confirming compliance with paragraph (1)(a), and attaching Form N215 (Certificate of Service) completed to describe each method of sending to each person, as if references on that form to “service” were to “sending”; and

(b) confirming compliance with paragraph (1)(b), and containing or attaching evidence of Advertisement of the claim/application, including details of how, where and when it was advertised.

Giving notice and advertisement of applications relating to guardianship orders or the potential exercise of powers under the 2017 Act

57.30

(1) Unless the court dispenses with the need for notice, notice of an application relating to a guardianship order must be sent to those of the following persons whose identity and current residential or e-mail address or nominated address for service are known to the applicant—

(a) the spouse or civil partner of the missing person;

(b) any parent of the missing person;

(d) any sibling of the missing person;

(e) if there are no persons within sub-paragraphs (a) to (d), the nearest relative of the missing person known to the applicant;

(f) any guardian or any former guardian of the missing person;

(g) any person who has previously intervened in and/or become a party to these or any proceedings in which a guardianship order was sought in relation to the missing person,

by sending (subject to any redaction ordered by the court, and subject to paragraph (2)) the material set out in paragraph 3.1 of Practice Direction 57C to the relevant addresses within 14 days after the court has notified the date for the hearing of the application.

(2) If the person has a nominated address for service known to the applicant, and provided that such address for service has been nominated expressly for the purpose of 2017 Act proceedings, the material need only be sent to that address; and, if the applicant has no access to any, or no, e-mail address of their own, they need not send the material to any e-mail address.

(3) The applicant must file at court no later than 7 days before the first hearing of the application, a witness statement confirming compliance with paragraph (1) above and attaching Form N215 (Certificate of Service) completed to describe each method of sending to each person as if references on that form to “service” were to “sending”.

(4) The court may make—

(a) a direction for advertisement of the application; and

(b) any further provision for notification or service of the application.

(5) If the court is considering whether to exercise a power under the 2017 Act without an application having been made, the court may require—

(i) notice of the matter to be given (in such manner the court may direct) to any of the persons listed in paragraph (1), or to any other person; and

(ii) the matter to be advertised in such manner as the court may direct.

Interveners

57.31

(1) A person who is entitled under section 21(1) (right to intervene) of the 2017 Act to intervene in a claim for a guardianship order, an application for a revocation/variation order, or an application relating to a guardianship order should, not less than 14 days before the first hearing date of the claim or application, notify the court and the claimant/applicant of any intention to intervene in accordance with the requirements of paragraph 5.1 of Practice Direction 57C.

(2) On receipt of a notice under paragraph (1) the court may give case management directions.

(3) Failure to comply with paragraph (1) shall not prevent the person from intervening (if they are otherwise entitled to do so) but may be taken into account on any question relating to costs.

(4) Any other person who wishes to intervene in such proceedings must, not less than 14 days before the first hearing date of the claim or application, file with the court and serve on the claimant/applicant an application for permission to intervene in accordance with Part 23 and paragraph 5.2 of Practice Direction 57C.

(5) Within 7 days of receiving an application for permission to intervene—

(a) from a person who has not been sent or served with the claim form or the application notice, the claimant/applicant must serve a copy of the claim form or application, the evidence in support and notice of the hearing date, upon the person seeking permission to intervene; and in any case

(b) the claimant or applicant must file with the court and serve upon the person seeking permission to intervene, a statement of whether or not they object and any evidence in support of any objection.

(6) Where the court grants permission to intervene to a person who otherwise has no entitlement to intervene under section 21(1) (right to intervene) of the 2017 Act, it may do so on conditions and may give case management directions.

(7) The court may direct that a person who intervenes in proceedings be added as a claimant (provided that they consent in writing) or defendant to the claim.

Requirement to send copy of all orders made to the Public Guardian

57.32

Where the court makes a guardianship order, a revocation/variation order, an order relating to the functions of a guardian, or an order granting or refusing permission to intervene, it shall send a copy of such order to the Public Guardian.

Death of the missing person

57.33

(1) If the missing person has died before or dies after the issue of the claim then, subject to any order of the court, the claim shall not abate or be stayed, and rule 19.12 shall not apply.

(2) If the claimant considers that there is real doubt as to whether the missing person is still alive, the claim form may incorporate claims under both the Presumption of Death Act 2013 (“the 2013 Act”) and the 2017 Act.

(3) If the court determines at any point in the claim that the missing person has not been known to be alive for a period of seven years whether before or after the issue of the claim, the court may order that the claim should continue as if it had been brought under the 2013 Act.

(4) The court may make an order under or in relation to paragraphs (2) and (3) on such terms and conditions and with such consequential provisions as it considers appropriate.

Part 57A — The Business and Property Division

Contents of this Part

Interpretation	Rule 57A.1
Compliance with Practice Directions	Rule 57A.2
Business and Property Work in the County Court	Rule 57A.3

Interpretation

57.A1

In these Rules—

(a) “Business and Property Division at the Rolls Building” means the Business and Property Division of the High Court at the Royal Courts of Justice, Rolls Building, London, EC4A 1NL;

(b) “BPD DR” means a district registry of the High Court specified in Practice Direction 57AA;

(i) the Business and Property Division at the Rolls Building; and

(ii) the BPD DRs.

Compliance with Practice Directions

57.A2

(1) Proceedings to be started in the Business and Property Division must be started in accordance with Practice Direction 57AA.

(2) In proceedings in the Business and Property Division, the parties must comply with practice directions under this Part.

Business and Property Work in the County Court

57.A3

Proceedings which may be started in the Business and Property Division may instead be started in and heard by the County Court in accordance with paragraph 4.1 of Practice Direction 57AA.

PART 58 — COMMERCIAL COURT

Scope of this Part and interpretation	Rule 58.1
Specialist list	Rule 58.2
Application of the Civil Procedure Rules	Rule 58.3
Proceedings in the commercial list	Rule 58.4
Claim form and particulars of claim	Rule 58.5
Acknowledgment of service	Rule 58.6
Disputing the court’s jurisdiction	Rule 58.7
Default judgment	Rule 58.8
Admissions	Rule 58.9
Defence and Reply	Rule 58.10
Statements of case	Rule 58.11
Part 8 claims	Rule 58.12
Case management	Rule 58.13
Disclosure—ships papers	Rule 58.14
Judgments and orders	Rule 58.15
Enforcement	Rule 58.16

Scope of this Part and interpretation

58.1

(1) This Part applies to claims in the Commercial Court of the Business and Property Division.

(2) In this Part and Practice Direction 58, “commercial claim” means any claim arising out of the transaction of trade and commerce and includes any claim relating to—

(a) a business document or contract;

(b) the export or import of goods;

(d) the exploitation of oil and gas reserves or other natural resources;

(e) insurance and re-insurance;

(f) banking and financial services;

(g) the operation of markets and exchanges;

(h) the purchase and sale of commodities;

(i) the construction of ships;

(j) business agency; and

(k) arbitration.

Specialist list

58.2

(1) The commercial list is a specialist list for claims proceeding in the Commercial Court.

(2) One of the judges of the Commercial Court shall be in charge of the commercial list.

Application of the Civil Procedure Rules

58.3

These Rules and their practice directions apply to claims in the commercial list unless this Part or a practice direction provides otherwise.

Proceedings in the commercial list

58.4

(1) A commercial claim may be started in the commercial list.

(2) Rule 30.5 applies applies to claims in the commercial list, except that a Commercial Court judge may order a claim to be transferred to any other specialist list.

(Rule 30.5(3) provides that an application for the transfer of proceedings to or from a specialist list must be made to a judge dealing with claims in that list)

Claim form and particulars of claim

58.5

(1) If, in a Part 7 claim, particulars of claim are not contained in or served with the claim form—

(a) the claim form must state that, if an acknowledgment of service is filed which indicates an intention to defend the claim, particulars of claim will follow;

(b) when the claim form is served, it must be accompanied by the documents specified in rule 7.8(1);

(c) the claimant must serve particulars of claim within 28 days of the filing of an acknowledgment of service which indicates an intention to defend; and

(d) rule 7.4(2) does not apply.

(2) A statement of value is not required to be included in the claim form.

(3) If the claimant is claiming interest, he must—

(a) include a statement to that effect; and

(b) give the details set out in rule 16.4(2),

in both the claim form and the particulars of claim.

Acknowledgment of service

58.6

(1) A defendant must file an acknowledgment of service in every case.

(2) Unless paragraph (3) applies, the period for filing an acknowledgment of service is 14 days after service of the claim form.

(3) Where the claim form is served out of the jurisdiction, or on the agent of a defendant who is overseas, the time periods provided by rules 6.12(3), 6.35 and 6.37(5) apply after service of the claim form.

Disputing the court’s jurisdiction

58.7

(1) Part 11 applies to claims in the commercial list with the modifications set out in this rule.

(2) An application under rule 11(1) must be made within 28 days after filing an acknowledgment of service.

(3) If the defendant files an acknowledgment of service indicating an intention to dispute the court’s jurisdiction, the claimant need not serve particulars of claim before the hearing of the application.

Default judgment

58.8

(1) If, in a Part 7 claim in the commercial list, a defendant fails to file an acknowledgment of service, the claimant need not serve particulars of claim before he may obtain or apply for default judgment in accordance with Part 12.

(2) Rule 12.7(1) applies with the modification that paragraph (a) shall be read as if it referred to the claim form instead of the particulars of claim.

Admissions

58.9

Where the claim is for a specified amount of money and the defendant admits part of the claim, the claimant may apply under Part 14 for judgment on the admission but rules 14.2 and 14.6(5) to (7) do not apply.

Defence and Reply

58.10

(1) Part 15 (defence and reply) applies to claims in the commercial list with the modification to rule 15.8(a) that the claimant must—

(a) file any reply to a defence; and

(b) serve it on all other parties,

within 21 days after service of the defence.

(2) Rule 6.35 (in relation to the period for filing a defence where the claim form is served out of the jurisdiction) applies to claims in the commercial list, except that if the particulars of claim are served after the defendant has filed an acknowledgment of service the period for filing a defence is 28 days from service of the particulars of claim.

Statements of case

58.11

The court may at any time before or after the issue of the claim form order a claim in the commercial list to proceed without the filing or service of statements of case.

Part 8 claims

58.12

Part 8 applies to claims in the commercial list, with the modification that a defendant to a Part 8 claim who wishes to rely on written evidence must file and serve it within 28 days after filing an acknowledgment of service.

Case management

58.13

(1) All proceedings in the commercial list are treated as being allocated to the multi-track and Part 26 does not apply.

(2) The following parts only of Part 29 apply—

(a) rule 29.3(2) (legal representative to attend case management conferences and pre-trial reviews);

(b) rule 29.5 (variation of case management timetable) with the exception of rule 29.5(1)(c) ; and

(3) As soon as practicable the court will hold a case management conference which must be fixed in accordance with Practice Direction 58.

(4) At the case management conference or at any hearing at which the parties are represented the court may give such directions for the management of the case as it considers appropriate.

Disclosure—ships papers

58.14

(1) If, in proceedings relating to a marine insurance policy, the underwriters apply for specific disclosure under rule 31.12, the court may—

(a) order a party to produce all the ships papers; and

(b) require that party to use his best endeavours to obtain and disclose documents which are not or have not been in his control.

(2) An order under this rule may be made at any stage of the proceedings and on such terms, if any, as to staying the proceedings or otherwise, as the court thinks fit.

Judgments and orders

58.15

(1) Except for orders made by the court on its own initiative and unless the court orders otherwise, every judgment or order will be drawn up by the parties, and rule 40.3 is modified accordingly.

(2) An application for a consent order must include a draft of the proposed order signed on behalf of all the parties to whom it relates.

(3) Rule 40.6 (consent judgments and orders) does not apply.

Enforcement

58.16

Unless the court otherwise orders, any jurisdiction relating to the enforcement of a Commercial Court judgment or order for the payment of money may be exercised by a Master of the King’s Bench Division or a District Judge.

PART 59 — CIRCUIT COMMERCIAL COURTS

Scope of this Part and interpretation	Rule 59.1
Application of the Civil Procedure Rules	Rule 59.2
Transfer of proceedings	Rule 59.3
Claim form and particulars of claim	Rule 59.4
Acknowledgment of service	Rule 59.5
Default judgment	Rule 59.6
Disputing the court’s jurisdiction	Rule 59.7
Admissions	Rule 59.8
Defence and Reply	Rule 59.9
Statements of case	Rule 59.10
Case management	Rule 59.11
Judgments and orders	Rule 59.12

Scope of this Part and interpretation

59.1

(1) This Part applies to claims in Circuit Commercial Courts.

(2) A claim may only be started in a Circuit Commercial Court if it—

(a) relates to a commercial or business matter in a broad sense; and

(b) is not required to proceed in another specialist list of the Business and Property Division.

(3) In this Part and Practice Direction 59—

(a) “Circuit Commercial Court” means a specialist list established within the courts listed in Practice Direction 59;

(b) “Circuit Commercial claim” means a claim proceeding in a Circuit Commercial Court; and

Application of the Civil Procedure Rules

59.2

These Rules and their practice directions apply to Circuit Commercial claims unless this Part or a practice direction provides otherwise.

Transfer of proceedings

59.3

Rule 30.5 applies applies with the modifications that—

(a) a Circuit Commercial judge may transfer a Circuit Commercial claim to another Circuit Commercial Court; and

(b) a Commercial Court judge may transfer a claim from the Commercial Court to a Circuit Commercial Court.

(Rule 30.5(3) provides that an application for the transfer of proceedings to or from a specialist list must be made to a judge dealing with claims in that list)

Claim form and particulars of claim

59.4

(1) If particulars of claim are not contained in or served with the claim form—

(a) the claim form must state that, if an acknowledgment of service is filed which indicates an intention to defend the claim, particulars of claim will follow;

(b) when the claim form is served, it must be accompanied by the documents specified in rule 7.8(1);

(c) the claimant must serve particulars of claim within 28 days of the filing of an acknowledgment of service which indicates an intention to defend; and

(d) rule 7.4(2) does not apply.

(2) If the claimant is claiming interest, he must—

(a) include a statement to that effect; and

(b) give the details set out in rule 16.4(2),

in both the claim form and the particulars of claim.

(3) Rule 12.7(1)(a) applies with the modification that references to the particulars of claim shall be read as if they referred to the claim form.

Acknowledgment of service

59.5

(1) A defendant must file an acknowledgment of service in every case.

(2) Unless paragraph (3) applies, the period for filing an acknowledgment of service is 14 days after service of the claim form.

(3) Where the claim form is served out of the jurisdiction, or on the agent of a defendant who is overseas, the time periods provided by rules 6.12(3), 6.35 and 6.37(5) apply after service of the claim form.

Disputing the court’s jurisdiction

59.6

(1) Part 11 applies to Circuit Commercial claims with the modifications set out in this rule.

(2) An application under rule 11(1) must be made within 28 days after filing an acknowledgment of service.

(3) If the defendant files an acknowledgment of service indicating an intention to dispute the court’s jurisdiction, the claimant need not serve particulars of claim before the hearing of the application.

Default judgment

59.7

(1) Part 12 applies to Circuit Commercial claims, except that rules 12.10 and 12.11 apply as modified by paragraphs (2) and (3) of this rule.

(2) If, in a Part 7 claim—

(a) the claim form has been served but no particulars of claim have been served; and

(b) the defendant has failed to file an acknowledgment of service,

the claimant must make an application if he wishes to obtain a default judgment.

(3) The application may be made without notice, but the court may direct it to be served on the defendant.

Admissions

59.8

Defence and Reply

59.9

(1) Part 15 (Defence and Reply) applies to Circuit Commercial claims with the modification to rule 15.8(a) that the claimant must—

(a) file any reply to a defence; and

(b) serve it on all other parties,

within 21 days after service of the defence.

(2) Rule 6.35 (in relation to the period for filing a defence where the claim form is served out of the jurisdiction) applies to Circuit Commercial claims, except that if the particulars of claim are served after the defendant has filed an acknowledgment of service the period for filing a defence is 28 days from service of the particulars of claim.

Statements of case

59.10

The court may at any time before or after issue of the claim form order a Circuit Commercial claim to proceed without the filing or service of statements of case.

Case management

59.11

(1) All Circuit Commercial claims are treated as being allocated to the multi-track, and Part 26 does not apply.

(2) The following parts only of Part 29 apply—

(a) rule 29.3(2) (appropriate legal representative to attend case management conferences and pre-trial reviews); ...

(b) rule 29.5 (variation of case management timetable) with the exception of rule 29.5(1)(c) ; and

(3) As soon as practicable the court will hold a case management conference which must be fixed in accordance with Practice Direction 59.

(4) At the case management conference or at any hearing at which the parties are represented the court may give such directions for the management of the case as it considers appropriate.

Judgments and orders

59.12

(1) Except for orders made by the court of its own initiative and unless the court otherwise orders every judgment or order will be drawn up by the parties, and rule 40.3 is modified accordingly.

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.