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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

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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

(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.

PART 60 — TECHNOLOGY AND CONSTRUCTION COURT CLAIMS

General	Rule 60.1
Specialist list	Rule 60.2
Application of the Civil Procedure Rules	Rule 60.3
Issuing a TCC claim	Rule 60.4
Reply	Rule 60.5
Case management	Rule 60.6
Judgments and Orders	Rule 60.7
Enforcement	Rule 60.8

General

60.1

(1) This Part applies to Technology and Construction Court claims (“TCC claims”).

(2) In this Part and Practice Direction 60—

(a) “TCC claim” means a claim which—

(i) satisfies the requirements of paragraph (3); and

(ii) has been issued in or transferred into the specialist list for such claims;

(b) “Technology and Construction Court” means any court in which TCC claims are dealt with in accordance with this Part or Practice Direction 60; and

(3) A claim may be brought as a TCC claim if—

(a) it involves issues or questions which are technically complex; or

(b) a trial by a TCC judge is desirable.

(Practice Direction 60 gives examples of types of claims which it may be appropriate to bring as TCC claims.)

(4) TCC claims include all official referees' business referred to in section 68(1)(a) of the Supreme Court Act 1981.

(5) TCC claims will be dealt with—

(a) in a Technology and Construction Court; and

(b) by a TCC judge, unless—

(i) this Part or Practice Direction 60 permits otherwise; or

(ii) a TCC judge directs otherwise.

Specialist list

60.2

(1) TCC claims form a specialist list.

(2) A judge will be appointed to be the judge in charge of the TCC specialist list.

Application of the Civil Procedure Rules

60.3

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

Issuing a TCC claim

60.4

A TCC claim must be issued in—

(a) the High Court in London;

(b) a district registry of the High Court; or

Reply

60.5

Part 15 (Defence and Reply) applies to TCC claims with the modification to rule 15.8 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.

Case management

60.6

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

(2) Part 29 and Practice Direction 29 apply to the case management of TCC claims, except where they are varied by or inconsistent with Practice Direction 60.

Judgments and Orders

60.7

(1) Except for orders made by the court of its own initiative and unless the court otherwise orders, every judgment or order made in claims proceeding in the Technology and Construction Court 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

60.8

Unless the court otherwise orders, any jurisdiction relating to the enforcement of a judgment or order for the payment of money of the Technology and Construction Court of the High Court in London may be exercised by a Master of the King’s Bench Division.

PART 61 — ADMIRALTY CLAIMS

Scope and interpretation	Rule 61.1
Admiralty claims	Rule 61.2
Claims in rem	Rule 61.3
Special provisions relating to collision claims	Rule 61.4
Arrest	Rule 61.5
Security in claim in rem	Rule 61.6
Cautions against arrest	Rule 61.7
Release and cautions against release	Rule 61.8
Judgment in default	Rule 61.9
Sale by the court, priorities and payment out	Rule 61.10
Limitation claims	Rule 61.11
Stay of proceedings	Rule 61.12
Assessors	Rule 61.13
Enforcement	Rule 61.14

Scope and interpretation

61.1

(1) This Part applies to admiralty claims.

(2) In this Part—

(a) “admiralty claim” means a claim within the Admiralty jurisdiction of the High Court as set out in section 20 of the Supreme Court Act 1981;

(b) “the Admiralty Court” means the Admiralty Court of the Business and Property Division of the High Court of Justice;

(ba) “the Admiralty Judge” means the judge in charge of the Admiralty Court and any other judge authorised to sit in the Admiralty Court;

(bb) “the Admiralty Registrar” means the holder of the office of this name listed in column 1 of Part II of Schedule 2 to the Senior Courts Act 1981 or any person who is authorised to exercise the powers of this office in accordance with s.91(1) of the Act;

(bc) “claim in personam” means an admiralty claim, other than a claim in rem, brought in accordance with section 21(1) of the Senior Courts Act 1981;

(c) “claim in rem” means a claim in an admiralty action in rem brought in accordance with section 21(2) to (5) of the Senior Courts Act 1981;

(d) “collision claim” means a claim within section 20(3)(b) of the Supreme Court Act 1981;

(e) “limitation claim” means a claim under the Merchant Shipping Act 1995 for the limitation of liability in connection with a ship or other property;

(f) “salvage claim” means a claim—

(i) for or in the nature of salvage;

(ii) for special compensation under Article 14 of Schedule 11 to the Merchant Shipping Act 1995;

(iii) for the apportionment of salvage; and

(iv) arising out of or connected with any contract for salvage services;

(g) “caution against arrest” means a caution entered in the Register under rule 61.7;

(h) “caution against release” means a caution entered in the Register under rule 61.8;

(i) “the Register” means the Register of cautions against arrest and release which is open to inspection as provided by Practice Direction 61;

(j) “the Marshal” means the Admiralty Marshal;

(k) “ship” includes any vessel used in navigation; ...

(l) “the Registrar” means the Admiralty Registrar; and

(m) “electronic track data” means a digital or electronic recording of the track of a vessel (including any associated visual or aural recordings) as recorded by, for example, ship or shore-based AIS (Automatic Identification System), ECDIS (Electronic Chart and Display Information System), or a voyage data recorder.

(3) Part 58 (Commercial Court) applies to claims in the Admiralty Court except where this Part provides otherwise.

(4) The Registrar has all the powers of the Admiralty judge except where a rule or practice direction provides otherwise.

Admiralty claims

61.2

(1) The following claims must be started in the Admiralty Court—

(a) a claim—

(i) in rem;

(ii) for damage done by a ship;

(iii) concerning the ownership of a ship;

(iv) under the Merchant Shipping Act 1995;

(v) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(vi) by a master or member of a crew for wages;

(vii) in the nature of towage; or

(viii) in the nature of pilotage;

(b) a collision claim;

(d) a salvage claim.

(2) Any other admiralty claim may be started in the Admiralty Court and a claim for loss of life or personal injury specified in section 20(2)(f) of the Senior Courts Act 1981 should be started in the Admiralty Court in the circumstances set out in Practice Direction 61.

(3) Rule 30.5 applies to claims in the Admiralty Court except that the Admiralty Court may order the transfer of a claim to—

(a) the Commercial Court;

(b) a Circuit Commercial Court; or

(d) any other appropriate court.

Claims in rem

61.3

(1) This rule applies to claims in rem.

(2) A claim in rem is started by the issue of an in rem claim form as set out in Practice Direction 61.

(3) Subject to rule 61.4, the particulars of claim must—

(a) be contained in or served with the claim form; or

(b) be served on the defendant by the claimant within 75 days after service of the claim form.

(4) An acknowledgment of service must be filed within 14 days after service of the claim form.

(5) The claim form must be served—

(a) in accordance with Practice Direction 61; and

(b) within 12 months after the date of issue and rules 7.5 and 7.6 are modified accordingly.

(6) If a claim form has been issued (whether served or not), any person who wishes to defend the claim may file an acknowledgment of service.

Special provisions relating to collision claims

61.4

(1) This rule applies to collision claims.

(2) A claim form should not contain or be followed by particulars of claim and rule 7.4 does not apply.

(3) An acknowledgment of service must be filed.

(4) A party who wishes to dispute the court’s jurisdiction must make an application under Part 11 within 2 months after filing his acknowledgment of service.

(4A) Every party must—

(a) within 21 days after the defendant files their acknowledgment of service; or

(b) where the defendant applies under Part 11, within 21 days after the defendant files their further acknowledgment of service,

disclose any electronic track data which is or has been in its control, in accordance with Part 31, and ... provide copies, or permit inspection, of that electronic track data within 7 days of a request by another party to do so.

(5) Every party must—

(a) within 2 months after the defendant files the acknowledgment of service; or

(b) where the defendant applies under Part 11, within 2 months after the defendant files the further acknowledgment of service,

file at the court a completed collision statement of case in the form specified in Practice Direction 61.

(6) A collision statement case must—

(a) be in a form set out in Practice Direction 61

(b) contain the matters set out in Practice Direction 61; and

(6A) Each party must file a collision defence in respect of each collision statement of case filed by another party.

(6B) A party’s collision defence must—

(a) be filed within 28 days of service of the relevant collision statement of case on that party;

(b) comply with the requirements set out in Practice Direction 61; and

(6C) A party may file a collision reply to a collision defence filed by another party.

(6D) A party’s collision reply must—

(a) be filed within 21 days of service of the relevant collision defence on that party; and

(b) be verified by a statement of truth.

(7) A claim form in a collision claim in personam may not be served out of the jurisdiction unless—

(a) the case falls within section 22(2)(a), (b) or (c) of the Supreme Court Act 1981; or

(b) the defendant has submitted to or agreed to submit to the jurisdiction; andthe court gives permission in accordance with Section IV of Part 6 ; or

(8) Where permission to serve a claim form out of the jurisdiction is given, the court will specify the period within which the defendant may file an acknowledgment of service and, where appropriate, a collision statement of case.

(9) Where, in a collision claim in rem (“the original claim”)—

(a) arising out of the same collision or occurrence is made; and

(i) a counterclaim; or

(ii) a cross claim in rem

(b) the party bringing the counterclaim or cross claim may apply to the court to stay the original claim until sufficient security is given to satisfy any judgment that may be given in favour of that party.

(i) the party bringing the original claim has caused the arrest of a ship or has obtained security in order to prevent such arrest; and

(ii) the party bringing the counterclaim or cross claim is unable to arrest a ship or otherwise obtain security,

(10) The consequences set out in paragraph (11) apply where a party to a claim to establish liability for a collision claim (other than a claim for loss of life or personal injury)—

(a) makes an offer to settle in the form set out in paragraph (12) not less than 21 days before the start of the trial;

(b) that offer is not accepted; and

(11) Where paragraph (10) applies the parties will, unless the court considers it unjust, be entitled to the following costs—

(a) the maker of the offer will be entitled to—

(i) all his costs from 21 days after the offer was made; and

(ii) his costs before then in accordance with the apportionment found at trial; and

(b) all other parties to whom the offer was made—

(i) will be entitled to their costs up to 21 days after the offer was made in accordance with the apportionment found at trial; but

(ii) will not be entitled to their costs thereafter.

(12) An offer under paragraph (10) must be in writing and must contain—

(a) an offer to settle liability at stated percentages;

(b) an offer to pay costs in accordance with the same percentages;

(d) a term that, unless the court orders otherwise, on expiry of that period the offer remains open on the same terms except that the offeree should pay all the costs from that date until acceptance.

Arrest

61.5

(1) In a claim in rem—

(a) a claimant; and

(b) a judgment creditor

may apply to have the property proceeded against arrested.

(2) Practice Direction 61 sets out the procedure for applying for arrest.

(3) A party making an application for arrest must—

(a) request a search to be made in the Register before the warrant is issued to determine whether there is a caution against arrest in force with respect to that property; and

(b) file a declaration in the form set out in Practice Direction 61.

(4) A warrant of arrest may not be issued as of right in the case of property in respect of which the beneficial ownership, as a result of a sale or disposal by any court in any jurisdiction exercising admiralty jurisdiction in rem, has changed since the claim form was issued.

(5) A warrant of arrest may not be issued against a ship owned by a State where by any convention or treaty, the United Kingdom has undertaken to minimise the possibility of arrest of ships of that State until—

(a) notice in the form set out in Practice Direction 61 has been served on a consular officer at the consular office of that State in London or the port at which it is intended to arrest the ship; and

(b) a copy of that notice is attached to any declaration under paragraph (3)(b).

(6) Except—

(a) with the permission of the court; or

(b) where notice has been given under paragraph (5),

a warrant of arrest may not be issued in a claim in rem against a foreign ship belonging to a port of a State in respect of which an order in council has been made under section 4 of the Consular Relations Act 1968, until the expiration of 2 weeks from appropriate notice to the consul.

(7) A warrant of arrest is valid for 12 months but may only be executed if the claim form—

(a) has been served; or

(b) remains valid for service at the date of execution.

(8) Property may only be arrested by the Marshal or his substitute.

(9) Property under arrest—

(a) may not be moved unless the court orders otherwise; and

(b) may be immobilised or prevented from sailing in such manner as the Marshal may consider appropriate.

(10) Where an in rem claim form has been issued and security sought, any person who has filed an acknowledgment of service may apply for an order specifying the amount and form of security to be provided.

Security in claim in rem

61.6

(1) This rule applies if, in a claim in rem, security has been given to—

(a) obtain the release of property under arrest; or

(b) prevent the arrest of property.

(2) Unless the terms on which security has been given provide otherwise, the court may order that—

(a) the amount of security be reduced, and may stay the claim until the order is complied with; or

(b) the amount of security be increased, and may give the claimant permission to arrest or re-arrest the property proceeded against to obtain further security.

(3) The court may not make an order under paragraph (2)(b) if the total security to be provided would exceed the value of the property at the time—

(a) of the original arrest; or

(b) security was first given (if the property was not arrested).

Cautions against arrest

61.7

(1) Any person may file a request for a caution against arrest.

(2) When a request under paragraph (1) is filed the court will enter the caution in the Register if the request is in the form set out in Practice Direction 61 and—

(a) the person filing the request undertakes—

(i) to file an acknowledgment of service; and

(ii) to give sufficient security to satisfy the claim with interest and costs; or

(b) where the person filing the request has constituted a limitation fund in accordance with Article 11 of the Convention on Limitation of Liability for Maritime Claims 1976 he—

(i) states that such a fund has been constituted; and

(ii) undertakes that the claimant will acknowledge service of the claim form by which any claim may be begun against the property described in the request.

(3) A caution against arrest—

(a) is valid for 12 months after the date it is entered in the Register; but

(b) may be renewed for a further 12 months by filing a further request.

(4) Paragraphs (1) and (2) apply to a further request under paragraph (3)(b).

(5) Property may be arrested if a caution against arrest has been entered in the Register but the court may order that—

(a) the arrest be discharged; and

(b) the party procuring the arrest pays compensation to the owner of or other persons interested in the arrested property.

Release and cautions against release

61.8

(1) Where property is under arrest—

(a) an in rem claim form may be served upon it; and

(b) it may be arrested by any other person claiming to have an in rem claim against it.

(2) Any person who—

(a) claims to have an in rem right against any property under arrest; and

(b) wishes to be given notice of any application in respect of that property or its proceeds of sale,

may file a request for a caution against release in the form set out in Practice Direction 61.

(3) When a request under paragraph (2) is filed, a caution against release will be entered in the Register.

(3A) A caution against release—

(a) is valid for 12 months after the date it is entered in the Register; and

(b) may be renewed for a further 12 months by filing a further request.

(4) Property will be released from arrest if—

(a) it is sold by the court;

(b) the court orders release on an application made by any party;

(i) the arresting party; and

(ii) all persons who have entered cautions against release

(d) any party files—

(i) a request for release in the form set out in Practice Direction 61 (containing an undertaking); and

(ii) consents to the release of the arresting party and all persons who have entered cautions against release.

(5) Where the release of any property is delayed by the entry of a caution against release under this rule any person who has an interest in the property may apply for an order that the person who entered the caution pay damages for losses suffered by the applicant because of the delay.

(6) the court may not make an order under paragraph (5) if satisfied that there was good reason to—

(a) request the entry of; and

(b) maintain

the caution.

(7) Any person—

(a) interested in property under arrest or in the proceeds of sale of such property; or

(b) whose interests are affected by any order sought or made,

may be made a party to any claim in rem against the property or proceeds of sale.

(8) Where—

(i) a ship is not under arrest but cargo on board her is; or

(ii) a ship is under arrest but cargo on board her is not; and

(b) persons interested in the ship or cargo wish to discharge the cargo,

they may, without being made parties, request the Marshal to authorise steps to discharge the cargo.

(9) If—

(a) the Marshal considers a request under paragraph (8) reasonable; and

(b) the applicant gives an undertaking in writing acceptable to the Marshal to pay—

(i) his fees; and

(ii) all expenses to be incurred by him or on his behalf

on demand,

the Marshal will apply to the court for an order to permit the discharge of the cargo.

10

Where persons interested in the ship or cargo are unable or unwilling to give an undertaking as referred to in paragraph (9)(b), they may—

(a) be made parties to the claim; and

(b) apply to the court for an order for—

(i) discharge of the cargo; and

(ii) directions as to the fees and expenses of the Marshal with regard to the discharge and storage of the cargo.

Judgment in default

61.9

(1) In an admiralty claim the claimant may obtain judgment in default of—

(a) an acknowledgment of service only if at the date on which judgment is entered—

(i) the defendant has not filed an acknowledgment of service; and

(ii) the relevant time limit for doing so has expired;

(b) defence only if at the date on which judgment is entered—

(i) a defence has not been filed; and

(ii) the relevant time limit for doing so has expired.

(2) In a collision claim, a party who has filed a collision statement of case within the time specified by rule 61.4(5) may obtain judgment in default of a collision statement of case only if at the date on which judgment is entered—

(a) the party against whom judgment is sought has not filed a collision statement of case; and

(b) the time for doing so set out in rule 61.4(5) has expired.

(3) An application for judgment in default—

(a) in a claim in rem must be made by filing—

(i) an application notice as set out in Practice Direction 61;

(ii) a certificate proving service of the claim form; and

(iii) evidence proving the claim to the satisfaction of the court; and

(b) in a claim in personam must be made in accordance with Part 12 with any necessary modifications.

(4) An application notice seeking judgment in default and, unless the court orders otherwise, all evidence in support, must be served on all persons who have entered cautions against release on the Register.

(5) The court may set aside or vary any judgment in default entered under this rule.

(6) The claimant may apply to the court for judgment against a party at whose instance a notice against arrest was entered where—

(a) the claim form has been served on that party;

(b) the sum claimed in the claim form does not exceed the amount specified in the undertaking given by that party in accordance with rule 61.7(2)(a)(ii); and

Sale by the court, priorities and payment out

61.10

(1) An application for an order for the survey, appraisement or sale of a ship may be made in a claim in rem at any stage by any party.

(2) Unless the court is satisfied that there is good reason not to do so, if the court makes an order for sale, it must set—

(a) ... a time within which notice of claims against the proceeds of sale must be filed; and

(b) the time and manner in which that time limit must be advertised.

(3) Any party with a judgment against the property or proceeds of sale may at any time after the time referred to in paragraph (2) apply to the court for the determination of priorities.

(4) An application notice under paragraph (3) must be served on all persons who have filed a claim against the property.

(5) Payment out of the proceeds of sale will be made only to judgment creditors and—

(a) in accordance with the determination of priorities; or

(b) as the court orders.

Limitation claims

61.11

(1) This rule applies to limitation claims.

(2) A claim is started by the issue of a limitation claim form as set out in Practice Direction 61.

(3) The—

(a) claimant; and

(b) at least one defendant

must be named in the claim form, but all other defendants may be described.

(4) The claim form—

(a) must be served on all named defendants and any other defendant who requests service upon him; and

(b) may be served on any other defendant.

(5) The claim form may not be served out of the jurisdiction unless—

(a) the claim falls within section 22(2)(a), (b) or (c) of the Supreme Court Act 1981;

(b) the defendant has submitted to or agreed to submit to the jurisdiction of the court; or

the court grants permission in accordance with Section IV of Part 6 ; or

(d) rule 6.33 applies.

(6) An acknowledgment of service is not required.

(7) Every defendant upon whom a claim form is served must—

(a) within 28 days of service file—

(i) a defence; or

(ii) a notice that the defendant admits the right of the claimant to limit liability; or

(b) if the defendant wishes to—

(i) dispute the jurisdiction of the court; or

(ii) argue that the court should not exercise its jurisdiction,

file within 14 days of service (or where the claim form is served out of the jurisdiction, within the time specified in rule 6.35) an acknowledgment of service as set out in Practice Direction 61.

(8) If a defendant files an acknowledgment of service under paragraph (7)(b) he will be treated as having accepted that the court has jurisdiction to hear the claim unless he applies under Part 11 within 14 days after filing the acknowledgment of service.

(9) Where one or more named defendants admits the right to limit—

(a) the claimant may apply for a restricted limitation decree in the form set out in Practice Direction 61; and

(b) the court will issue a decree in the form set out in Practice Direction 61 limiting liability only against those named defendants who have admitted the claimant’s right to limit liability.

(10) A restricted limitation decree—

(a) may be obtained against any named defendant who fails to file a defence within the time specified for doing so; and

(b) need not be advertised, but a copy must be served on the defendants to whom it applies.

(11) Where all the defendants upon whom the claim form has been served admit the claimant’s right to limit liability—

(a) the claimant may apply to the Admiralty Registrar for a general limitation decree in the form set out in Practice Direction 61; and

(b) the court will issue a limitation decree.

(12) Where one or more of the defendants upon whom the claim form has been served do not admit the claimant’s right to limit, the claimant may apply for a general limitation decree in the form set out in Practice Direction 61.

(13) When a limitation decree is granted the court—

(a) may—

(i) order that any proceedings relating to any claim arising out of the occurrence be stayed;

(ii) order the claimant to establish a limitation fund if one has not been established or make such other arrangements for payment of claims against which liability is limited; or

(iii) if the decree is a restricted limitation decree, distribute the limitation fund; and

(b) will, if the decree is a general limitation decree, give directions as to advertisement of the decree and set a time within which notice of claims against the fund must be filed or an application made to set aside the decree.

(14) When the court grants a general limitation decree the claimant must—

(a) advertise it in such manner and within such time as the court directs; and

(b) file—

(i) a declaration that the decree has been advertised in accordance with paragraph (a); and

(ii) copies of the advertisements.

(15) No later than the time set in the decree for filing claims, each of the defendants who wishes to assert a claim must file and serve his statement of case on—

(a) the limiting party; and

(b) all other defendants except where the court orders otherwise.

(16) Any person other than a defendant upon whom the claim form has been served may apply to the court within the time fixed in the decree to have a general limitation decree set aside.

(17) An application under paragraph (16) must be supported by a declaration—

(a) stating that the applicant has a claim against the claimant arising out of the occurrence; and

(b) setting out grounds for contending that the claimant is not entitled to the decree, either in the amount of limitation or at all.

(18) The claimant may constitute a limitation fund by—

(a) making a payment into court;

(b) providing security in such form and on such terms as considered adequate by the court; or

the procedure for which, in each case, is set out in Practice Direction 61.

(19) A limitation fund may be established before or after a limitation claim has been started.

(20) If a limitation claim is not commenced within 75 days after the date the fund was established—

(a) the fund will lapse; ...

(b) all money in court (including interest) will be repaid to the person who made the payment into court ; and

(21) Money paid into court under paragraph (18) will not be paid out , nor will any security provided be discharged, except under an order of the court.

(22) A limitation claim for—

(a) a restricted decree may be brought by counterclaim; and

(b) a general decree may only be brought by counterclaim with the permission of the court.

Stay of proceedings

61.12

Where the court orders a stay of any claim in rem—

(a) any property under arrest in the claim remains under arrest; and

(b) any security representing the property remains in force,

unless the court orders otherwise.

Assessors

61.13

The court may sit with assessors when hearing—

(a) collision claims; ...

(b) other claims involving issues of navigation or seamanship ; or

and, whenever it does so, the parties will not be permitted to call expert witnesses unless the court orders otherwise.

Enforcement

61.14

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

PART 62 — ARBITRATION CLAIMS

Scope of this Part and interpretation	Rule 62.1
Interpretation	Rule 62.2
---	---
Starting the claim	Rule 62.3
Arbitration claim form	Rule 62.4
Service out of the jurisdiction	Rule 62.5
Notice	Rule 62.6
Case management	Rule 62.7
Stay of legal proceedings	Rule 62.8
Variation of time	Rule 62.9
Hearings	Rule 62.10
Decisions under the 1996 Act where the permission of the court which made the decision is required for an appeal	Rule 62.10A
Scope of this Section	Rule 62.11
---	---
Application to Judge	Rule 62.12
Starting the claim	Rule 62.13
Claims in District Registries	Rule 62.14
Time limits and other special provisions about arbitration claims	Rule 62.15
Service out of the jurisdiction	Rule 62.16
Scope of this Section	Rule 62.17
---	---
Enforcement of awards	Rule 62.18
Interest on awards	Rule 62.19
Registration in High Court of foreign awards	Rule 62.20
Registration of awards under the Arbitration (International Investment Disputes) Act 1966	Rule 62.21

Scope of this Part and interpretation

62.1

(1) This Part contains rules about arbitration claims.

(2) In this Part—

(a) “the 1950 Act” means the Arbitration Act 1950;

(b) “the 1975 Act” means the Arbitration Act 1975;

(d) “the 1996 Act” means the Arbitration Act 1996;

(e) references to—

(i) the 1996 Act; or

(ii) any particular section of that Act

include references to that Act or to the particular section of that Act as applied with modifications by the ACAS Arbitration Scheme (England and Wales) Order 2001; and

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

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

I CLAIMS UNDER THE 1996 ACT

Interpretation

62.2

(1) In this Section of this Part “arbitration claim” means—

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

(b) a claim to determine—

(i) whether there is a valid arbitration agreement;

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

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

(d) any other application affecting—

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

(ii) an arbitration agreement.

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

Starting the claim

62.3

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

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

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

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

Arbitration claim form

62.4

(1) An arbitration claim form must—

(a) include a concise statement of—

(i) the remedy claimed; and

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

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

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

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

(f) specify either—

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

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

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

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

Service out of the jurisdiction

62.5

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

(a) the claimant seeks to—

(i) challenge; or

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

an arbitration award made within the jurisdiction;

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

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

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

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

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

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

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

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

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

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

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

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

Notice

62.6

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

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

(a) the arbitration claim form; and

(b) any written evidence in support.

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

Case management

62.7

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

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

(3) Part 29 does not apply.

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

Stay of legal proceedings

62.8

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

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

(a) his last known address; or

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

(3) Where a question arises as to whether—

(a) an arbitration agreement has been concluded; or

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

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

Variation of time

62.9

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

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

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

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

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

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

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

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

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

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

Hearings

62.10

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

(2) Rule 39.2 does not apply.

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

(a) the determination of—

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

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

will be heard in public; and

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

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

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Decisions under the 1996 Act where the permission of the court which made the decision is required for an appeal

62.10A

(1) A decision is within this rule if it is a decision under a section of the 1996 Act in respect of which the permission of the court which made the decision is required for an appeal.

(2) Any application for permission to appeal against a decision within this rule must be made to the court which made that decision—

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

(b) within 14 days after the date of the decision, if it was not made at a hearing.

(3) For an appeal against a decision within this rule, after permission to appeal has been granted, the appellant must file the appellant’s notice at the appeal court within—

(a) such period as may have been directed by the court from which the appeal is brought in its order granting permission to appeal; or

(b) where the court makes no such direction when granting permission to appeal, 21 days after the date on which that permission was granted.

II OTHER ARBITRATION CLAIMS

Scope of this Section

62.11

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

(2) In this Section—

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

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

(3) This Section does not apply to—

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

(b) a claim on the award.

Applications to Judge

62.12

A claim—

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

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

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

Starting the claim

62.13

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

(2) Where an arbitration claim is to be made in existing proceedings—

(a) it must be made by way of application notice; and

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

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

(a) the arbitrator or umpire; and

(b) any other party to the reference.

Claims in District Registries

62.14

If—

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

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

the claim may be started in that Registry.

Time limits and other special provisions about arbitration claims

62.15

(1) An arbitration claim to—

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

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

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

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

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

(b) the other parties so consented.

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

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

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

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

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

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

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

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

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

(i) a term of a contract; or

(ii) an event,

which is not a “one-off” term or event,

must be filed and served with the arbitration claim form.

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

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

Service out of the jurisdiction

62.16

(1) Subject to paragraph (2)—

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

(b) any order made in such a claim,

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

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

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

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

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

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

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

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

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

III ENFORCEMENT

Scope of this Section

62.17

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

Enforcement of awards

62.18

(1) An application for permission under—

(a) section 66 of the 1996 Act;

(b) section 101 of the 1996 Act;

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

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

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

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

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

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

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

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

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

(a) exhibiting—

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

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

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

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

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

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

(7) An order giving permission must—

(a) be drawn up by the claimant; and

(b) be served on the defendant by—

(i) delivering a copy to him personally; or

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

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

(a) without permission; and

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

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

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

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

(i) the end of that period; or

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

(10) The order must contain a statement of—

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

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

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

Interest on awards

62.19

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

(a) whether simple or compound interest was awarded;

(b) the date from which interest was awarded;

(d) the rate of interest awarded; and

(e) a calculation showing—

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

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

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

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

(b) enforcing such a judgment or order.

Registration in High Court of foreign awards

62.20

(1) Where—

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

(b) Part II of the Administration of Justice Act 1920 extended to that part immediately before Part I of the 1933 Act was extended to that part; and

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

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

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

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

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

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

62.21

(1) In this rule—

(a) “the 1966 Act” means the Arbitration (International Investment Disputes) Act 1966;

(b) “award” means an award under the Convention;

(c) “the Convention” means the Convention on the settlement of investment disputes between States and nationals of other States which was opened for signature in Washington on 18th March 1965;

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

(e) “judgment debtor” means the other party to the award.

(2) Subject to the provisions of this rule, the following provisions of Part 74 apply with such modifications as may be necessary in relation to an award as they apply in relation to a judgment to which Part I of the Foreign Judgments (Reciprocal Enforcement) Act 1933 applies—

(a) rule 74.1;

(b) rule 74.3;

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

(e) rule 74.9(3).

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

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

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

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

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

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

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

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

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

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

PART63 — INTELLECTUAL PROPERTY CLAIMS

Scope of this Part and interpretation	Rule 63.1

I PATENTS AND REGISTERED DESIGNS
Scope of Section I and allocation	Rule 63.2
Specialist list	Rule 63.3
. . .	. . .
Starting the claim	Rule 63.5
Claim for infringement or challenge to validity of a patent or registered design	Rule 63.6
Defence and reply	Rule 63.7
Case management	Rule 63.8
Disclosure and inspection	Rule 63.9
Application to amend a patent specification in existing proceedings	Rule 63.10
Court’s determination of question or application	Rule 63.11
Application by employee for compensation	Rule 63.12

II REGISTERED TRADE MARKS AND OTHER INTELLECTUAL PROPERTY RIGHTS
Allocation	Rule 63.13

III SERVICE OF DOCUMENTS AND PARTICIPATION BY THE COMPTROLLER
Service of documents	Rule 63.14
Participation by the Comptroller	Rule 63.15

IV APPEALS
Appeals from decisions of the Comptroller or the registrar	Rule 63.16

V INTELLECTUAL PROPERTY ENTERPRISE COURT
Scope of this Section	Rule 63.17
Transfer of proceedings	Rule 63.18
Enterprise judges and District Judges	Rule 63.19
Statements of case	Rule 63.20
Statement of truth	Rule 63.21
Defence and reply	Rule 63.22
Case management	Rule 63.23
Disclosure and inspection	Rule 63.24
Applications	Rule 63.25
Costs	Rule 63.26
Allocation to the small claims track	Rule 63.27
Extent to which rules in this Part apply to small claims	Rule 63.28

Scope of this Part and interpretation

63.1

(1) This Part applies to all intellectual property claims including—

(a) registered intellectual property rights such as—

(i) patents;

(ii) registered designs; and

(iii) registered trade marks; and

(b) unregistered intellectual property rights such as—

(i) copyright;

(ii) design right;

(iii) the right to prevent passing off; and

(iv) the other rights set out in Practice Direction 63.

(2) In this Part—

(a) “the 1977 Act” means the Patents Act 1977;

(d) “the Comptroller” means the Comptroller General of Patents, Designs and Trade Marks;

(e) “patent” means a patent under the 1977 Act or a supplementary protection certificate granted by the Patent Office under Article 10(1) of Council Regulation (EEC) No. 1768/92 or of Regulation (EC) No. 1610/96 of the European Parliament and the Council and includes any application for a patent or supplementary protection certificate;

(f) “Patents Court” means the Patents Court of the High Court constituted as part of the Business and Property Division by section 6(1) of the Senior Courts Act 1981;

(g) ‘Intellectual Property Enterprise Court’ means a specialist list established within the Business and Property Division;

(h) ‘enterprise judge’ means a judge authorised by the President of the Business and Property Division to sit in the Intellectual Property Enterprise Court;

(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(j) “the register” means whichever of the following registers is appropriate—

(i) patents maintained by the Comptroller under section 32 of the 1977 Act;

(ii) designs maintained by the registrar under section 17 of the Registered Designs Act 1949;

(iii) trade marks maintained by the registrar under section 63 of the 1994 Act;

(iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(v) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(vi) plant varieties maintained by the Controller under regulation 12 of the Plant Breeders’ Rights Regulations 1998; and

(vii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(k) “the registrar” means—

(i) the registrar of trade marks; or

(ii) the registrar of registered designs,

whichever is appropriate.

(3) Save as provided in rule 63.27, claims to which this Part applies are allocated to the multi-track. Rule 26.4(1) applies save for the modification that the court will send the parties a notice requiring the parties to file proposed directions by the date specified in the notice. For a claim which is allocated to the multi-track by this rule, rule 26.4(2) and rules 26.5 to 26.18 do not apply.

I PATENTS AND REGISTERED DESIGNS

Scope of Section I and allocation

63.2

(1) This Section applies to—

(a) any claim under—

(i) the 1977 Act;

(ii) the Registered Designs Act 1949;

(iii) the Defence Contracts Act 1958; and

(b) any claim relating to—

(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii) semiconductor topography rights; or

(iii) plant varieties.

(2) Claims to which this Section applies must be started in—

(a) the Patents Court; or

(b) the Intellectual Property Enterprise Court.

Specialist list

63.3

Claims in the Patents Court form a specialist list for the purpose of rule 30.5.

Patents judge

63.4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Starting the claim

63.5

Claims to which this Section applies must be started—

(a) by a Part 7 claim form; or

(b) in existing proceedings under Part 20.

Claim for infringement or challenge to validity of a patent or registered design

63.6

A statement of case in a claim for infringement or a claim in which the validity of a patent or registered design is challenged must contain particulars as set out in Practice Direction 63.

Defence and reply

63.7

Part 15 applies with the modification—

(a) to rule 15.4(1)(b) that in a claim for infringement under rule 63.6, the period for filing a defence where the defendant files an acknowledgment of service under Part 10 is 42 days after service of the particulars of claim;

(b) that where rule 15.4(2) provides for a longer period to file a defence than in rule 63.7(a), then the period of time in rule 15.4(2) will apply; and

(i) file any reply to a defence; and

(ii) serve it on all other parties,

within 21 days of service of the defence.

Case management

63.8

(1) Parties do not need to file a directions questionnaire.

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

(a) rule 29.3(2) (legal representatives to attend case management conferences);

(b) rule 29.4 (the parties must endeavour to agree case management directions); and

(3) As soon as practicable the court will hold a case management conference which must be fixed in accordance with Practice Direction 63.

Disclosure and inspection

63.9

Part 31 is modified to the extent set out in Practice Direction 63.

Application to amend a patent specification in existing proceedings

63.10

(1) An application under section 75 of the 1977 Act for permission to amend the specification of a patent by the proprietor of the patent must be made by application notice.

(2) The application notice must—

(a) give particulars of—

(i) the proposed amendment sought; and

(ii) the grounds upon which the amendment is sought;

(b) state whether the applicant will contend that the claims prior to the amendment are valid; and

(3) The application notice must, if it is reasonably possible, be served on the Comptroller electronically.

(4) Unless the court otherwise orders, the Comptroller will, as soon as practicable, advertise the application to amend in the journal.

(5) The advertisement will state that any person may apply to the Comptroller for a copy of the application notice.

(6) Within 14 days of the first appearance of the advertisement any person who wishes to oppose the application must file and serve on all parties and the Comptroller a notice opposing the application which must include the grounds relied on.

(7) Within 28 days of the first appearance of the advertisement the applicant must apply to the court for directions.

(8) Unless the court otherwise orders, the applicant must within 7 days serve on the Comptroller any order of the court on the application.

(9) In this rule “the journal” means the journal published pursuant to rules under section 123(6) of the 1977 Act.

Court’s determination of question or application

63.11

(1) This rule applies where the Comptroller—

(a) declines to deal with a question under section 8(7), 12(2), 37(8) or 61(5) of the 1977 Act;

(b) declines to deal with an application under section 40(5) of the 1977 Act; or

(c) certifies under section 72(7)(b) of the 1977 Act that the court should determine the question whether a patent should be revoked.

(2) Any person seeking the court’s determination of that question or application must start a claim for that purpose within 14 days of receiving notification of the Comptroller’s decision.

(3) A person who fails to start a claim within the time prescribed by rule 63.11(2) will be deemed to have abandoned the reference or application.

(4) A party may apply to the Comptroller or the court to extend the period for starting a claim prescribed by rule 63.11(2) even where the application is made after expiration of that period.

Application by employee for compensation

63.12

(1) An application by an employee for compensation under section 40(1) or (2) of the 1977 Act must be made—

(a) in a claim form; and

(b) within the period prescribed by paragraphs (2), (3) and (4).

(2) The prescribed period begins on the date of the grant of the patent and ends 1 year after the patent has ceased to have effect.

(3) Where the patent has ceased to have effect as a result of failure to pay renewal fees, the prescribed period continues as if the patent has remained continuously in effect provided that—

(a) the renewal fee and any additional fee are paid in accordance with section 25(4) of the 1977 Act; or

(b) restoration is ordered by the Comptroller following an application under section 28 of the 1977 Act.

(4) Where restoration is refused by the Comptroller following an application under section 28 of the 1977 Act, the prescribed period will end 1 year after the patent has ceased to have effect or 6 months after the date of refusal, whichever is the later.

II REGISTERED TRADE MARKS AND OTHER INTELLECTUAL PROPERTY RIGHTS

Allocation

63.13

Claims relating to matters arising out of the 1994 Act and other intellectual property rights set out in Practice Direction 63 must be started in—

(a) a General IP List or the Intellectual Property Enterprise Court of the Business and Property Division; or

(b) the County Court in accordance with paragraph 4.1(b) of Practice Direction 57AA.

III SERVICE OF DOCUMENTS AND PARTICIPATION BY THE COMPTROLLER

Service of documents

63.14

(1) Subject to paragraph (2), Part 6 applies to service of a claim form and any document in any proceedings under this Part.

(2) A claim form relating to a registered right may be served—

(a) on a party who has registered the right at the address for service given for that right in the appropriate register at—

(i) the United Kingdom Patent Office...

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

provided the address is within the United Kingdom; or

(b) in accordance with rule ... 6.33(1) or 6.33(2) on a party who has registered the right at the address for service given for that right in the appropriate register at—

(i) the United Kingdom Patent Office...

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Where a party seeks any remedy (whether by claim form, counterclaim or application notice), which would if granted affect an entry in any United Kingdom Patent Office register, that party must serve on the Comptroller or registrar—

(a) the claim form, counterclaim or application notice;

(b) any other statement of case where relevant (including any amended statement of case); and

Participation by the Comptroller

63.15

Where the documents set out in rule 63.14(3) are served, the Comptroller or registrar—

(a) may take part in proceedings; and

(b) need not serve a defence or other statement of case unless the court orders otherwise.

IV APPEALS

Appeals from decisions of the Comptroller or the registrar

63.16

(1) Part 52 applies to appeals from decisions of the Comptroller and the registrar.

(2) Appeals about patents and registered designs must be made to the Patents Court, and other appeals to a General IP List of the Business and Property Division.

(3) Where Part 52 requires a document to be served, it must also be served on the Comptroller or registrar, as appropriate.

SECTIONV — INTELLECTUAL PROPERTY ENTERPRISE COURT

Scope of this Section

63.17

This Part, as modified by this Section, applies to claims started in or transferred to the Intellectual Property Enterprise Court.

63.17A

(1) In proceedings in the Intellectual Property Enterprise Court in which a claim is made for damages or an account of profits, the amount or value of that claim shall not exceed £500,000.

(2) In determining the amount or value of a claim for the purpose of paragraph (1), a claim for—

(a) interest, other than interest payable under an agreement; or

(b) costs,

shall be disregarded.

(3) Paragraph (1) shall not apply if the parties agree that the Intellectual Property Enterprise Court shall have jurisdiction to award damages or profits in excess of £500,000.

Transfer of proceedings

63.18

(1) Rule 30.5 applies save for the modifications—

(a) a judge sitting in the County Court or in the Business and Property Division may order proceedings to be transferred to the Intellectual Property Enterprise Court; and

(b) an application for the transfer of proceedings from the County Court or any list of the Business and Property Division to the Intellectual Property Enterprise Court may be made to a judge sitting in the County Court or the Business and Property Division respectively.

(2) When considering whether to transfer proceedings to or from the Intellectual Property Enterprise Court, the court will have regard to the provisions of Practice Direction 30.

Enterprise judges and District Judges

63.19

(1) Subject to paragraph (2), proceedings in the Intellectual Property Enterprise Court will be dealt with by an enterprise judge.

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