The Civil Procedure Rules 1998

• (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) Unless the court otherwise orders, the following matters will be dealt with by a District Judge—

• (a) allocation of claims to the small claims track or multi-track in accordance with rule 63.27(3);

• (b) claims allocated to the small claims track; and

• (c) all proceedings for the enforcement of any financial element of an Intellectual Property Enterprise Court judgment.

• (3) For the purposes of the Practice Direction 52A – Appeals: General Provisions, a decision of a District Judge shall be treated as a decision by a District Judge hearing a ... claim in the County Court. An appeal from such a decision shall be heard by an enterprise judge.

Statements of case

63.20

• (1) Part 16 applies with the modification that a statement of case must set out concisely all the facts and arguments upon which the party serving it relies.

• (2) The particulars of claim must state whether the claimant has complied with paragraph 6 of the Practice Direction (Pre-Action Conduct).

Statement of truth

63.21

Part 22 applies with the modification that the statement of truth verifying a statement of case must be signed by a person with knowledge of the facts alleged, or if no one person has knowledge of all the facts, by persons who between them have knowledge of all the facts alleged.

Defence and reply

63.22

• (1) Rule 63.7 does not apply and Part 15 applies with the following modifications.

• (2) Where the particulars of claim contain a confirmation in accordance with rule 63.20(2), 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 unless rule 15.4(2) provides for a longer period to do so.

• (3) Where the particulars of claim do not contain a confirmation in accordance with rule 63.20(2), the period for filing a defence where the defendant files an acknowledgment of service under Part 10 is 70 days after service of the particulars of claim.

• (4) Where the claimant files a reply to a defence it must be filed and served on all other parties within 28 days of service of the defence.

• (5) Where the defendant files a reply to a defence to a counterclaim it must be filed and served on all other parties within 14 days of service of the defence to the counterclaim.

• (6) The periods in this rule may only be extended by order of the court and for good reason.

Case management

63.23

• (1) At the first case management conference after those defendants who intend to file and serve a defence have done so, the court will identify the issues and decide whether to make an order in accordance with paragraph 29.1 of Practice Direction 63.

• (2) Save in exceptional circumstances the court will not permit a party to submit material in addition to that ordered under paragraph (1).

• (3) The court may determine the claim on the papers where all parties consent.

Disclosure and inspection

63.24

• (1) Rule 63.9 does not apply.

• (2) Part 31 applies save that the provisions on standard disclosure do not apply.

Applications

63.25

• (1) Part 23 applies with the modifications set out in this rule.

• (2) Except at the case management conference provided for in rule 63.23(1), a respondent to an application must file and serve on all relevant parties a response within 5 days of the service of the application notice.

• (3) The court will deal with an application without a hearing unless the court considers it necessary to hold a hearing.

• (4) An application to transfer the claim to the Patents Court or a General IP List of the Business and Property Division or to stay proceedings must be made before or at the case management conference provided for in rule 63.23(1).

• (5) The court will consider an application to transfer the claim later in the proceedings only where there are exceptional circumstances.

Costs

63.26

• (1) Subject to paragraph (2), the court will reserve the costs of an application to the conclusion of the trial when they will be subject to summary assessment.

• (2) Where a party has behaved unreasonably the court may make an order for costs at the conclusion of the hearing.

• (3) Where the court makes a summary assessment of costs, it will do so in accordance with Section VII of Part 46.

Allocation to the small claims track

63.27

• (1) A claim started in or transferred to the Intellectual Property Enterprise Court will be allocated to the small claims track if—

• (a) rule 63.13, but not rule 63.2, applies to the claim;

• (b) the value of the claim is not more than £10,000;

• (c) it is stated in the particulars of claim that the claimant wishes the claim to be allocated to the small claims track; and

• (d) no objection to the claim being allocated to the small claims track is raised by the defendant in the defence.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) If either—

• (a) the requirements of rule 63.27(1)(a), (b) and (c) are satisfied, but in the defence the defendant objects to the claim being allocated to the small claims track; or

• (b) the requirements of rule 63.27(1)(a) and (b) are satisfied, but not (c), and in the defence the defendant requests that the claim be allocated to the small claims track,

the court will allocate the claim to the small claims track or the multi-track in accordance with Part 26 (case management – preliminary stage). For that purpose the court will send the parties a directions questionnaire and require them to file completed directions questionnaires and to serve them on all other parties within 14 days

• (4) Part 27 (small claims track) shall apply to claims allocated to the small claims track in the Intellectual Property Enterprise Court with the modification to rule 27.2(1)(a) that Part 25 (interim remedies) shall not apply to such claims at all. Section VII of Part 46 (scale costs for claims in the Intellectual Property Enterprise Court) shall not apply to claims allocated to the small claims track in the Intellectual Property Enterprise Court.

Extent to which rules in this Part apply to small claims

63.28

• (1) To the extent provided by this rule, this Part shall apply to a claim allocated to, or requested to be allocated to, the small claims track in the Intellectual Property Enterprise Court.

• (2) Rules 63.1, 63.13, 63.18, 63.20, 63.21, 63.22, 63.25, 63.26(1) and (2), and 63.27 shall apply to the claim.

• (3) No other rules in this Part shall apply.

PART 63A — FINANCIAL LIST

Title	Rule number
Scope of this Part and interpretation	Rule 63A.1
Specialist list	Rule 63A.2
Application of the Civil Procedure Rules	Rule 63A.3
Proceedings in the Financial List	Rule 63A.4

Scope of this Part and interpretation

63A.1

• (1) This Part applies to claims in the Financial List.

• (2) In this Part and Practice Direction 63AA, “Financial List claim” means any claim which—

• (a) principally relates to loans, project finance, banking transactions, derivatives and complex financial products, financial benchmark, capital or currency controls, bank guarantees, bonds, debt securities, private equity deals, hedge fund disputes, sovereign debt, or clearing and settlement, and is for more than £50 million or equivalent;

• (b) requires particular expertise in the financial markets; or

• (c) raises issues of general importance to the financial markets.

• (3) “Financial markets” for these purposes include the fixed income markets (covering repos, bonds, credit derivatives, debt securities and commercial paper generally), the equity markets, the derivatives markets, the loan markets, the foreign currency markets, and the commodities markets.

Specialist list

63A.2

• (1) The Financial List is a single specialist list. Claims in the Financial List must be commenced in the Business and Property Division at the Rolls Building.

• (2) The President of the Business and Property Division and the Judge in Charge of the Commercial Court have joint overall responsibility for all claims in the Financial List.

Application of the Civil Procedure Rules

63A.3

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

Proceedings in the Financial List

63A.4

• (1) A Financial List claim may be started in the Financial List.

• (2) All claims in the Financial List will be allocated at the time of the first case management conference to a designated judge who is a Financial List judge.

• (3) A Financial List judge is a judge ... who has been authorised to try claims in the Financial List.

• (4) Rule 30.5 applies to proceedings in the Financial List, except that a Financial List judge may order a claim to be transferred to any other specialist list.

• (5) Rules 58.5 to 58.13 and 58.15 apply to claims in the Financial List in the same manner as they apply to claims in the Commercial List.

PART 64 — ESTATES, TRUSTS AND CHARITIES

General	Rule 64.1
Scope of this Section	Rule 64.2
---	---
Claim form	Rule 64.3
Parties	Rule 64.4
Scope of this Section and interpretation	Rule 64.5
---	---
Application for permission to take charity proceedings	Rule 64.6

General

64.1

• (1) This Part contains rules—

• (a) in Section I, about claims relating to—

• (i) the administration of estates of deceased persons, and

• (ii) trusts; and

• (b) in Section II, about charity proceedings.

• (2) In this Part and Practice Directions 64A and 64B, where appropriate, references to trustees include executors and administrators.

• (3) All proceedings in the High Court to which this Part applies must be brought in a Property, Trusts and Probate List of the Business and Property Division.

SECTION I: CLAIMS RELATING TO THE ADMINISTRATION OF ESTATES AND TRUSTS

Scope of this Section

64.2

This Section of this Part applies to claims—

• (a) for the court to determine any question arising in—

• (i) the administration of the estate of a deceased person; or

• (ii) the execution of a trust;

• (b) for an order for the administration of the estate of a deceased person, or the execution of a trust, to be carried out under the direction of the court (“an administration order”);

• (c) under the Variation of Trusts Act 1958³³⁰⁰; or

• (d) under section 48 of the Administration of Justice Act 1985³³⁰¹.

Claim form

64.3

A claim to which this Section applies must be made by issuing a Part 8 claim form.

Parties

64.4

• (1) In a claim to which this Section applies, other than an application under section 48 of the Administration of Justice Act 1985—

• (a) all the trustees must be parties;

• (b) if the claim is made by trustees, any of them who does not consent to being a claimant must be made a defendant; and

• (c) the claimant may make parties to the claim any persons with an interest in or claim against the estate, or an interest under the trust, who it is appropriate to make parties having regard to the nature of the order sought.

• (2) In addition, in a claim under the Variation of Trusts Act 1958, unless the court directs otherwise any person who—

• (a) created the trust; or

• (b) provided property for the purposes of the trust,

must, if still alive, be made a party to the claim.

• (The court may, under rule 19.2, order additional persons to be made parties to a claim.)

SECTION II: CHARITY PROCEEDINGS

Scope of this Section and interpretation

64.5

• (1) This Section applies to charity proceedings.

• (2) In this Section—

• (a) “the Act” means the Charities Act 1993³³⁰²;

• (b) “charity proceedings” has the same meaning as in section 33(8) of the Act; and

• (c) “the Commissioners” means the Charity Commissioners for England and Wales.

Application for permission to take charity proceedings

64.6

• (1) An application to the High Court under section 33(5) of the Act for permission to start charity proceedings must be made within 21 days after the refusal by the Commissioners of an order authorising proceedings.

• (2) The application must be made by issuing a Part 8 claim form, which must contain the information specified in Practice Direction 64A.

• (3) The Commissioners must be made defendants to the claim, but the claim form need not be served on them or on any other person.

• (4) The judge considering the application may direct the Commissioners to file a written statement of their reasons for their decision.

• (5) The court will serve on the applicant a copy of any statement filed under paragraph (4).

• (6) The judge may either—

• (a) give permission without a hearing; or

• (b) fix a hearing.

PART 65 — PROCEEDINGS RELATING TO ANTI-SOCIAL BEHAVIOUR AND HARASSMENT

Scope of this Part	Rule 65.1
IHOUSING ACT 1996 INJUNCTIONS
Scope of this Section and interpretation	Rule 65.2
Applications for an injunction	Rule 65.3
Injunction containing provisions to which a power of arrest is attached	Rule 65.4
Application for warrant of arrest under section 155(3) of the 1996 Act	Rule 65.5
Proceedings following arrest	Rule 65.6
Recognizance	Rule 65.7
II APPLICATIONS BY LOCAL AUTHORITIES FOR POWER OF ARREST TO BE ATTACHED TO AN INJUNCTION
Scope of this Section and interpretation	Rule 65.8
Applications under section 91(3) of the 2003 Act for a power of arrest to be attached to any provision of an injunction	Rule 65.9
Injunction containing provisions to which a power of arrest is attached	Rule 65.10
III DEMOTION CLAIMS, PROHIBITED CONDUCT STANDARD CONTRACT ORDER CLAIMS (IN WALES), RELATED PROCEEDINGS AND APPLICATIONS (IN ENGLAND) TO SUSPEND THE RIGHT TO BUY
Scope of this Section and interpretation	Rule 65.11
Demotion claims , prohibited conduct standard contract order claims or suspension claims made in the alternative to possession claims	Rule 65.12
Other demotion claims , prohibited conduct standard contract order claims or suspension claims	Rule 65.13
Starting a demotion claim , prohibited conduct standard contract order claim or suspension claim	Rule 65.14
Particulars of claim	Rule 65.15
Hearing date	Rule 65.16
Defendant’s response	Rule 65.17
The hearing	Rule 65.18
Allocation	Rule 65.19
Proceedings relating to demoted tenancies and prohibited conduct standard contract order claims	Rule 65.20
IV ANTI-SOCIAL BEHAVIOUR ORDERS UNDER THE CRIME AND DISORDER ACT 1998
Scope of this Section and interpretation	Rule 65.21
Application where the relevant authority is a party to the principal proceedings	Rule 65.22
Application by a relevant authority to join a person to the principal proceedings	Rule 65.23
Application where the relevant authority is not a party to the principal proceedings	Rule 65.24
Evidence	Rule 65.25
Application for an interim order	Rule 65.26
VCLAIMS UNDER THE PROTECTION FROM HARASSMENT ACT 1997
Scope of this Section and interpretation	Rule 65.27
Claims under section 3 of the 1997 Act	Rule 65.28
Application for issue of a warrant of arrest under section 3(3) of the 1997 Act	Rule 65.29
Proceedings following arrest	Rule 65.30
VI DRINKING BANNING ORDERS UNDER THE VIOLENT CRIME REDUCTION ACT 2006
Scope of this Section and interpretation	Rule 65.31
Application where the relevant authority is a party in principal proceedings	Rule 65.32
Application where the relevant authority is not a party in principal proceedings	Rule 65.33
Application by a relevant authority to join a person to the principal proceedings	Rule 65.34
Evidence	Rule 65.35
Application for an interim order	Rule 65.36
VII PARENTING ORDERS UNDER THE ANTI-SOCIAL BEHAVIOUR ACT 2003
Scope of this Section and interpretation	Rule 65.37
Applications for parenting orders	Rule 65.38
Applications by the relevant authority to be joined to proceedings	Rule 65.39
Applications by the relevant authority to join a parent to proceedings	Rule 65.40
Evidence	Rule 56.41
VIII INJUNCTIONS UNDER THE POLICING AND CRIME ACT 2009 AND UNDER PART 1 OF THE ANTI-SOCIAL BEHAVIOUR, CRIME AND POLICING ACT 2014
Scope of this Section and interpretation	Rule 65.42
Applications for an injunction	Rule 65.43
Injunction containing provisions to which a power of arrest is attached	Rule 65.44
Application to vary or discharge an injunction	Rule 65.45
Application for warrant of arrest under section 44(2) of the 2009 Act or section 10 of the 2014 Act	Rule 65.46
Proceedings following arrest under the 2009 Act	Rule 65.47
Recognizance	Rule 65.48
Applications for a power of arrest to be attached to any provision of an injunction	Rule 65.49

Scope of this Part

65.1

This Part contains rules—

• (a) in Section I, about injunctions under the Housing Act 1996;

• (b) in Section II, about applications by local authorities under section 91(3) of the Anti-social Behaviour Act 2003 for a power of arrest to be attached to an injunction;

• (c) in Section III, about claims for demotion orders under the Housing Acts 1985 and 1988, and for prohibited conduct standard contract orders under the Renting Homes (Wales) Act 2016, and related proceedings;

• (d) in Section IV, about anti-social behaviour orders under the Crime and Disorder Act 1998;

• (e) in Section V, about claims under section 3 of the Protection from Harassment Act 1997 ; ...

• (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (f) in Section VI, about applications for drinking banning orders and interim drinking banning orders under sections 4 and 9 of the Violent Crime Reduction Act 2006; ...

• (g) in Section VII, about parenting orders under sections 26A and 26B of the Anti-social Behaviour Act 2003 ; and

• (h) in Section VIII, about injunctions under the Policing and Crime Act 2009.

SECTION I — Housing Act 1996 injunctions

Scope of this Section and interpretation

65.2

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

Applications for an injunction

65.3

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

Injunction containing provisions to which a power of arrest is attached

65.4

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

Application for warrant of arrest under section 155(3) of the 1996 Act

65.5

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

Proceedings following arrest

65.6

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

Recognizance

65.7

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

SECTION II — Applications by local authorities for power of arrest to be attached to an injunction

Scope of this Section and interpretation

65.8

• (1) This Section applies to applications by local authorities under section 91(3) of the Anti-social Behaviour Act 2003 or under section 27(3) of the Police and Justice Act 2006 for a power of arrest to be attached to an injunction.

Applications under section 91(3) of the 2003 Act or section 27(3) of the 2006 Act for a power of arrest to be attached to any provision of an injunction

65.9

• (1) An application under section 91(3) of the 2003 Act or section 27(3) of the 2006 Act for a power of arrest to be attached to any provision of an injunction must be made in the proceedings seeking the injunction by—

• (a) the claim form;

• (b) the acknowledgment of service;

• (c) the defence or counterclaim in a Part 7 claim; or

• (d) application under Part 23.

• (2) Every application must be supported by written evidence.

• (3) Every application made on notice must be served personally, together with a copy of the written evidence, by the local authority on the person against whom the injunction is sought not less than 2 days before the hearing.

Injunction containing provisions to which a power of arrest is attached

65.10

• (1) Where a power of arrest is attached to a provision of an injunction on the application of a local authority under section 91(3) of the 2003 Act, the following rules in Section I of this Part shall apply—

• (a) rule 65.4; and

• (b) paragraphs (1), (2), (4) and (5) of rule 65.6.

• (1A) Where a power of arrest is attached to a provision of an injunction on the application of a local authority under section 27(3) of the 2006 Act, the following rules in Section I of this Part apply—

• (a) rule 65.4;

• (b) paragraphs (1), (2), (4) and (5) of rule 65.6;

• (c) paragraph (1) of rule 65.7, as if the reference to paragraph 2(2)(b) of Schedule 15 to the Housing Act 1996 was a reference to paragraph 2(2)(b) of Schedule 10 to the 2006 Act; and

• (d) paragraph (2) of rule 65.7.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

III DEMOTION CLAIMS, PROHIBITED CONDUCT STANDARD CONTRACT ORDER CLAIMS (IN WALES), RELATED PROCEEDINGS AND APPLICATIONS (IN ENGLAND) TO SUSPEND THE RIGHT TO BUY

Scope of this Section and interpretation

65.11

• (1) This Section applies to—

• (a) claims by a landlord for an order under section 82A of the Housing Act 1985 or under section 6A of the Housing Act 1988 (“a demotion order”); ...

• (aa) claims by a landlord for an order under section 121A of the Housing Act 1985 (“a suspension order”); ...

• (b) proceedings relating to a tenancy created by virtue of a demotion order ; and

• (c) claims by a landlord for an order under section 116 of the Renting Homes (Wales) Act 2016.

• (2) In this Section—

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

• (a) “a demotion claim” means a claim made by a landlord for a demotion order; ...

• (b) “a demoted tenancy” means a tenancy created by virtue of a demotion order ;

• (ba) “a dwelling” means a dwelling let under an occupation contract;

• (bb) “a prohibited conduct standard contract” has the meaning provided by section 116(6) of the 2016 Act;

• (bc) “a prohibited conduct standard contract order” is an order imposed under section 116 of the 2016 Act;

• (bd) “a prohibited conduct standard contract order claim” means a claim for a prohibited conduct standard contract order;

• (be) “a Renting Homes possession claim” means a claim for the recovery of possession of a dwelling under the 2016 Act;

• (c) “suspension claim” means a claim made by a landlord for a suspension order; and

• (d) “suspension period” means the period during which the suspension order suspends the right to buy in relation to the dwelling house.

Demotion claims , prohibited conduct standard contract order claims or suspension claims made in the alternative to possession claims

65.12

• (1) Where a demotion order or suspension order (or both) is claimed in the alternative to a possession order, the claimant must use the Part 55 procedure and Section I of Part 55 applies, except that the claim must be made in accordance with rule 55.3(1).

• (2) Where a prohibited conduct standard contract order is claimed in the alternative to a possession order, the claimant must use the Part 55 procedure and Section IV of Part 55 applies.

Other demotion claims, prohibited conduct standard contract order claims or suspension claims

65.13

Where a demotion claim or suspension claim (or both) , or a prohibited conduct standard contract order claim is made other than in a possession claim or a Renting Homes possession claim, rules 65.14 to 65.19 apply.

Starting a demotion claim, prohibited conduct standard contract order claim or suspension claim

65.14

• (1)

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

• (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 property or dwelling is situated, the claim, when it is issued, will be sent to that hearing centre.

(Practice Direction 65 makes further provision in respect of claims which are not made at the County Court hearing centre which serves the address where the property or dwelling is situated.)

• (2) The claim form and form of defence sent with it must be in the forms set out in Practice Direction 65.

Particulars of claim

65.15

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

Hearing date

65.16

• (1) The court will fix a date for the hearing when it issues the claim form.

• (2) The hearing date will be not less than 28 days from the date of issue of the claim form.

• (3) The standard period between the issue of the claim form and the hearing will be not more than 8 weeks.

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

Defendant’s response

65.17

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

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

• (3) Part 12 (default judgment) does not apply ....

The hearing

65.18

• (1) At the hearing fixed in accordance with rule 65.16(1) or at any adjournment of that hearing the court shall take appropriate steps to ensure that the respondent is aware of their entitlement to a reasonable opportunity to obtain legal representation and to apply for legal aid which may be available without any means test, and 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 , intermediate track or the multi-track; or

• (b) the court directs 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.

Allocation

65.19

When the court decides the track for the claim, the matters to which it shall have regard include—

• (a) the matters set out in rule 26.13; and

• (b) the nature and extent of the conduct alleged.

Proceedings relating to demoted tenancies and prohibited conduct standard contract order claims

65.20

A practice direction may make provision about proceedings relating to demoted tenancies or to prohibited conduct standard contracts.

SECTION IV — Anti-social behaviour orders under the Crime and Disorder Act 1998

Scope of this Section and interpretation

65.21

• (1) This Section applies to applications in proceedings in the County Court under sub-sections (2), (3) or (3B) of section 1B of the Crime and Disorder Act 1998 by a relevant authority, and to applications for interim orders under section 1D of that Act.

• (2) In this Section—

• (a) “the 1998 Act” means the Crime and Disorder Act 1998;

• (b) “relevant authority” has the same meaning as in section 1(1A) of the 1998 Act; and

• (c) “the principal proceedings” means any proceedings in the County Court.

Application where the relevant authority is a party in principal proceedings

65.22

• (1) Subject to paragraph (2)—

• (a) where the relevant authority is the claimant in the principal proceedings, an application under section 1B(2) of the 1998 Act for an order under section 1B(4) of the 1998 Act must be made in the claim form; and

• (b) where the relevant authority is a defendant in the principal proceedings, an application for an order must be made by application notice which must be filed with the defence.

• (2) Where the relevant authority becomes aware of the circumstances that lead it to apply for an order after its claim is issued or its defence filed, the application must be made by application notice as soon as possible thereafter.

• (3) Where the application is made by application notice, it should normally be made on notice to the person against whom the order is sought.

Application by a relevant authority to join a person to the principal proceedings

65.23

• (1) An application under section 1B(3B) of the 1998 Act by a relevant authority which is a party to the principal proceedings to join a person to the principal proceedings must be made—

• (a) in accordance with Section I of Part 19;

• (b) in the same application notice as the application for an order under section 1B(4) of the 1998 Act against the person; and

• (c) as soon as possible after the relevant authority considers that the criteria in section 1B(3A) of the 1998 Act are met.

• (2) The application notice must contain—

• (a) the relevant authority’s reasons for claiming that the person’s anti-social acts are material in relation to the principal proceedings; and

• (b) details of the anti-social acts alleged.

• (3) The application should normally be made on notice to the person against whom the order is sought.

Application where the relevant authority is not party in principal proceedings

65.24

• (1) Where the relevant authority is not a party to the principal proceedings—

• (a) an application under section 1B(3) of the 1998 Act to be made a party must be made in accordance with Section I of Part 19; and

• (b) the application to be made a party and the application for an order under section 1B(4) of the 1998 Act must be made in the same application notice.

• (2) The applications—

• (a) must be made as soon as possible after the authority becomes aware of the principal proceedings; and

• (b) should normally be made on notice to the person against whom the order is sought.

Evidence

65.25

An application for an order under section 1B(4) of the 1998 Act must be accompanied by written evidence, which must include evidence that section 1E of the 1998 Act has been complied with.

Application for an interim order

65.26

• (1) An application for an interim order under section 1D of the 1998 Act must be made in accordance with Part 25.

• (2) The application should normally be made—

• (a) in the claim form or application notice seeking the order; and

• (b) on notice to the person against whom the order is sought.

SECTION V — Proceedings under the Protection from Harassment Act 1997

Scope of this Section

65.27

This Section applies to proceedings under section 3 of the Protection from Harassment Act 1997 (“the 1997 Act”).

Claims under section 3 of the 1997 Act

65.28

• (1) A claim under section 3 of the 1997 Act—

• (a) shall be subject to the Part 8 procedure and—

• (...) ...

• (i) in the High Court, must be commenced in the King’s Bench Division, or

• (ii) in the County Court, may be commenced at any County Court hearing centre.

• (2) If the application is commenced at a County Court hearing centre which does not serve the address where—

• (a) the defendant resides or carries on business; or

• (b) the claimant resides or carries on business,

the claim will be issued by the County Court hearing centre where the claim is commenced and sent to the hearing centre serving the address at (a)(i) or (ii), as appropriate.

(Practice Direction 65 makes further provision in respect of claims which are not commenced at the County Court hearing centre which serves the address where the property is situated.)

Applications for issue of a warrant of arrest under section 3(3) of the 1997 Act

65.29

• (1) An application for a warrant of arrest under section 3(3) of the 1997 Act—

• (a) must be made in accordance with Part 23; and

• (b) may be made without notice.

• (2) The application notice must be supported by affidavit evidence which must—

• (a) set out the grounds for the application;

• (b) state whether the claimant has informed the police of the conduct of the defendant as described in the affidavit; and

• (c) state whether, to the claimant’s knowledge, criminal proceedings are being pursued.

Proceedings following arrest

65.30

• (1) The judge before whom a person is brought following his arrest may—

• (a) deal with the matter; or

• (b) adjourn the proceedings.

• (2) Where the proceedings are adjourned and the arrested person is released—

• (a) the matter must be dealt with (whether by the same or another judge) within 28 days of the date on which the arrested person appears in court; and

• (b) the arrested person must be given not less than 2 days' notice of the hearing.

VI — Drinking Banning Orders under the Violent Crime Reduction Act 2006

Scope of this Section and interpretation

65.31

• (1) This Section applies to applications in proceedings in the County Court under sub-sections (2), (3) or (5) of section 4 of the Violent Crime Reduction Act 2006 by a relevant authority, and to applications for interim orders under section 9 of that Act.

• (2) In this Section—

• (a) “the 2006 Act” means the Violent Crime Reduction Act 2006;

• (b) “relevant authority” has the same meaning as in section 14(1) of the 2006 Act; and

• (c) “the principal proceedings” means any proceedings in the County Court.

Application where the relevant authority is a party in principal proceedings

65.32

• (1) Subject to paragraph (2)—

• (a) where the relevant authority is the claimant in the principal proceedings, an application under section 4(2) of the 2006 Act for an order under section 4(7) of the 2006 Act must be made in the claim form; and

• (b) where the relevant authority is a defendant in the principal proceedings, an application for an order must be made by application notice which must be filed with the defence.

• (2) Where the relevant authority becomes aware of the circumstances that lead it to apply for an order after its claim is issued or its defence filed, the application must be made by application notice as soon as possible thereafter.

• (3) Where the application is made by application notice, it should normally be made on notice to the person against whom the order is sought.

Application where the relevant authority is not a party in principal proceedings

65.33

• (1) Where the relevant authority is not a party to the principal proceedings—

• (a) an application under section 4(3) of the 2006 Act to be made a party must be made in accordance with Section I of Part 19; and

• (b) the application to be made a party and the application for an order under section 4(7) of the 2006 Act must be made in the same application notice.

• (2) The applications—

• (a) must be made as soon as possible after the relevant authority becomes aware of the principal proceedings; and

• (b) should normally be made on notice to the person against whom the order is sought.

Application by a relevant authority to join a person to the principal proceedings

65.34

• (1) An application under section 4(5) of the 2006 Act by a relevant authority which is a party to the principal proceedings to join a person to the principal proceedings must be made—

• (a) in accordance with Section I of Part 19;

• (b) in the same application notice as the application for an order under section 4(7) of the 2006 Act against the person; and

• (c) as soon as possible after the relevant authority considers that the criteria in section 4(4) of the 2006 Act are met.

• (2) The application notice must contain—

• (a) the relevant authority’s reasons for claiming that the person’s conduct is material in relation to the principal proceedings; and

• (b) details of the conduct alleged.

• (3) The application should normally be made on notice to the person against whom the order is sought.

Evidence

65.35

An application for an order under section 4(7) of the 2006 Act must be accompanied by written evidence, which must include evidence that section 4(6) of the 2006 Act has been complied with.

Application for an interim order

65.36

• (1) An application for an interim order under section 9 of the 2006 Act must be made in accordance with Part 25.

• (2) The application should normally be made—

• (a) in the claim form or application notice seeking the order; and

• (b) on notice to the person against whom the order is sought.

• (3) An application for an interim order may be—

• (a) made without a copy of the application notice being served on the person against whom the order is sought;

• (b) heard in the absence of the person against whom the order is sought,

with the permission of the court.

VII — Parenting Orders under the Anti-Social Behaviour Act 2003

Scope of this Section and interpretation

65.37

• (1) This Section of this Part applies in relation to applications for parenting orders under sections 26A and 26B of the Anti-social Behaviour Act 2003 by a relevant authority.

• (2) In this Section—

• (a) “the 2003 Act” means the Anti-social Behaviour Act 2003; and

• (b) “relevant authority” has the same meaning as in section 26C of the 2003 Act.

Applications for parenting orders

65.38

• (1) Subject to paragraph (2)—

• (a) where the relevant authority is the claimant in the proceedings, an application for an order under section 26A or 26B of the 2003 Act must be made in the claim form; and

• (b) where the relevant authority is a defendant in the proceedings, an application for such an order must be made by application notice which must be filed with the defence.

• (2) Where the relevant authority becomes aware of the circumstances that lead it to apply for an order after its claim is issued or its defence filed, the application must be made by application notice as soon as possible thereafter.

• (3) Where the application is made by application notice, it must normally be made on notice to the person against whom the order is sought.

Applications by the relevant authority to be joined to proceedings

65.39

• (1) Where the relevant authority is not a party to the proceedings—

• (a) an application under section 26C(2) of the 2003 Act to be made a party must be made in accordance with Section I of Part 19; and

• (b) the application to be made a party and the application for an order under section 26A or 26B of the 2003 Act must be made in the same application notice.

• (2) The applications—

• (a) must be made as soon as possible after the relevant authority becomes aware of the proceedings; and

• (b) must normally be made on notice to the person against whom the order is sought.

Applications by the relevant authority to join a parent to proceedings

65.40

• (1) An application under section 26C(3) of the 2003 Act by a relevant authority which is a party to the proceedings to join a parent to those proceedings must be made—

• (a) in the same application notice as the application for an order under section 26A or 26B of the 2003 Act; and

• (b) as soon as possible after the relevant authority considers that the grounds for the application are met.

• (2) Rule 19.2 does not apply in relation to an application made by a relevant authority under section 26C(3) of the 2003 Act to join a parent to the proceedings.

• (3) The application notice must contain—

• (a) the relevant authority’s reasons for claiming the anti-social behaviour of the child or young person is material in relation to the proceedings; and

• (b) details of the behaviour alleged.

• (4) The application must normally be made on notice to the person against whom the order is sought.

Evidence

65.41

An application under section 26A, 26B or 26C of the 2003 Act must be accompanied by written evidence.

SECTIONVIII — Injunctions under the Policing and Crime Act 2009 and under Part 1 of the Anti-social Behaviour, Crime and Policing Act 2014

Scope of this Section and interpretation

65.42

• (1) This Section applies to applications for an injunction and other related proceedings under Part 4 of the Policing and Crime Act 2009 (Injunctions: gang-related violence) and under Part 1 of the Anti-social Behaviour, Crime and Policing Act 2014 (Injunctions).

• (2) In this Section—

• (a) “the 2009 Act” means the Policing and Crime Act 2009”; and

• (b) “the 2014 Act” means the Anti-Social Behaviour, Crime and Policing Act 2014.

Applications for an injunction

65.43

• (1) An application for an injunction under Part 4 of the 2009 Act or Part 1 of the 2014 Act is subject to the Part 8 procedure as modified by this rule and Practice Direction 65.

• (2) The application ...—

• (a) must be made by a claim form in accordance with Practice Direction 65;

• (b) may be made at any County Court hearing centre; ...

• (c) must be supported by a witness statement which must be filed with the claim form ; and

• (d) must include a statement that the respondent is entitled to a reasonable opportunity to obtain legal representation and to apply for legal aid which may be available without any means test.

• (2A) If the application—

• (a) is on notice; and

• (b) is made at a County Court hearing centre which does not serve the address where—

• (i) the defendant resides or carries on business; or

• (ii) the claimant resides or carries on business,

the application will be issued by the County Court hearing centre where the application is made and sent to the hearing centre serving the address at (b)(i) or (ii), as appropriate.

(Practice Direction 65 makes further provision in respect of applications which are not made at the County Court hearing centre which serves the address where the defendant resides or the conduct complained of occurred.)

• (3) The claim form must state—

• (a) the matters required by rule 8.2; and

• (b) the terms of the injunction applied for.

• (4) An application under this rule may be made without notice and where such an application without notice is made—

• (a1) the application may—

• (i) be made at any County Court hearing centre;

• (ii) be heard at the hearing centre where the application is made; and

• (iii) at any stage of the proceedings, be transferred by the court to—

• (aa) the hearing centre which serves the address where the defendant resides or where the conduct complained of occurred; or

• (bb) another hearing centre as the court considers appropriate;

• (a) the witness statement in support of the application must state the reasons why notice has not been given; and

• (b) the following rules do not apply—

• (i) 8.3;

• (ii) 8.4;

• (iii) 8.5(2) to (6);

• (iv) 8.6(1);

• (v) 8.7; and

• (vi) 8.8.

• (5) In every application made on notice, the application notice must be served, together with a copy of the witness statement, by the claimant on the defendant personally.

• (6) An application made on notice may be listed for hearing before the expiry of the time for the defendant to file an acknowledgment of service under rule 8.3, and in such a case—

• (a) the claimant must serve the application notice and witness statement on the defendant not less than 2 days before the hearing; and

• (b) the defendant may take part in the hearing whether or not the defendant has filed an acknowledgment of service.

Injunction containing provisions to which a power of arrest is attached

65.44

• (1) In this rule ‘relevant provision’ means a provision of an injunction to which a power of arrest is attached.

(Section 36(6) and (7) and section 40(3) and 41(4) of the 2009 Act and section 4(1)(a) and (b) and (2) of the 2014 Act confer powers to attach a power of arrest to an injunction.)

• (2) Where an injunction contains one or more relevant provisions—

• (a) each relevant provision must be set out in a separate paragraph of the injunction; and

• (b) subject to paragraph (3), the claimant must deliver a copy of the relevant provisions to any police station for the area where the conduct occurred.

• (3) Where the injunction has been granted without notice, the claimant must not deliver a copy of the relevant provisions to any police station for the area where the conduct occurred before the defendant has been served with the injunction containing the relevant provisions.

• (4) Where an order is made varying or discharging any relevant provision, the claimant must—

• (a) immediately inform the police station to which a copy of the relevant provisions was delivered under paragraph (2)(b); and

• (b) deliver a copy of the order to any police station so informed.

Application to vary or discharge an injunction

65.45

• (1) An application to vary or discharge an injunction under section 42(1)(b) of the 2009 Act or section 8(1)(a) and (b) of the 2014 Act must be made in accordance with Part 23.

• (2) An application by the claimant to vary or discharge the injunction ... may be made without notice.

• (3) If an application under this rule is made without giving notice, the application notice must state the reasons why notice has not been given.

Application for warrant of arrest under section 44(2) of the 2009 Act or section 10 of the 2014 Act

65.46

• (1) An application for a warrant of arrest under section 44(2) of the 2009 Act or section 10 of the 2014 Act must be made in accordance with Part 23 and may be made without notice.

• (2) An applicant for a warrant of arrest under section 44(2) of the 2009 Act or section 10 of the 2014 Act must—

• (a) file an affidavit setting out grounds for the application with the application notice; or

• (b) give oral evidence of the grounds for the application at the hearing.

• (3) Where in accordance with sub-paragraph (2)(b), oral evidence is given, the applicant must produce a written record of that evidence which must be served on the person arrested at the time of the arrest.

Proceedings following arrest under the 2009 Act and under the 2014 Act

65.47

• (1) This rule applies where a person is arrested pursuant to—

• (a) a power of arrest attached to a provision of an injunction; or

• (b) a warrant of arrest.

• (2) The judge before whom a person is brought following his arrest may—

• (a) deal with the matter; or

• (b) adjourn the proceedings.

• (3) If proceedings under section 43 or 44 of the 2009 Act or section 9 or 10 of the 2014 Act are adjourned and the arrested person is released—

• (a) the matter must be dealt with (whether by the same or another judge) within 28 days of the date on which the arrested person appears in court; and

• (b) the arrested person must be given not less than 2 days’ notice of the hearing.

• (4) A contempt application may be issued even if the arrested person is not dealt with within the period in sub-paragraph (3)(a).

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

...

Recognizance

65.48

• (1) Where, in accordance with paragraph 2(2)(b) of Schedule 5 to the 2009 Act or paragraph 2(3)(b) of Schedule 1 to the 2014 Act, the court fixes the amount of any recognizance with a view to it being taken subsequently, the recognizance may be taken by—

• (a) a judge;

• (b) a justice of the peace;

• (c) a justices’ legal adviser;

• (d) a police officer of the rank of inspector or above, or in charge of a police station; or

• (e) where the arrested person is in custody, the governor or keeper of a prison,

with the same consequences as if it had been entered into before the court.

• (2) The person having custody of an applicant for bail must release that person if satisfied that the required recognizances have been taken.

Applications for a power of arrest to be attached to any provision of an injunction

65.49

• (1) An application under section 34 or 39 of the 2009 Act or section 5 or 6 of the 2014 Act which includes an application for a power of arrest to be attached to any provision of an injunction must be made in the proceedings seeking the injunction by—

• (a) the claim form; or

• (b) an application under Part 23.

• (2) Every application must be supported by written evidence.

• (3) Every application made on notice must be served personally, together with a copy of the written evidence, by the applicant on the person against whom the injunction is sought not less than 2 days before the hearing.

(Attention is drawn to rule 25.3(3) – applications without notice.)

PART 66 — CROWN PROCEEDINGS

Scope of this Part and interpretation	Rule 66.1
Application of the Civil Procedure Rules	Rule 66.2
Action on behalf of the Crown	Rule 66.3
Counterclaims, other additional claims, and set-off	Rule 66.4
Applications in revenue matters	Rule 66.5
Enforcement against the Crown	Rule 66.6
Money due from the Crown	Rule 66.7

Scope of this Part and interpretation

66.1

• (1) This Part contains rules for civil proceedings by or against the Crown, and other civil proceedings to which the Crown is a party.

• (2) In this Part—

• (a) “the Act” means the Crown Proceedings Act 1947;

• (b) “civil proceedings by the Crown” means the civil proceedings described in section 23(1) of the Act, but excluding the proceedings described in section 23(3);

• (c) “civil proceedings against the Crown” means the civil proceedings described in section 23(2) of the Act, but excluding the proceedings described in section 23(3);

• (d) “civil proceedings to which the Crown is a party” has the same meaning as it has for the purposes of Parts III and IV of the Act by virtue of section 38(4).

Application of the Civil Procedure Rules

66.2

These Rules and their practice directions apply to civil proceedings by or against the Crown and to other civil proceedings to which the Crown is a party unless this Part, a practice direction or any other enactment provides otherwise.

Action on behalf of the Crown

66.3

• (1) Where by reason of a rule, practice direction or court order the Crown is permitted or required—

• (a) to make a witness statement,

• (b) to swear an affidavit,

• (c) to verify a document by a statement of truth;

• (d) to make a disclosure statement; or

• (e) to discharge any other procedural obligation,

that function shall be performed by an appropriate officer acting on behalf of the Crown.

• (2) The court may if necessary nominate an appropriate officer.

Counterclaims, other additional claims, and set-off

66.4

• (1) In a claim by the Crown for taxes, duties or penalties, the defendant cannot make a counterclaim or other additional claim or raise a defence of set-off.

• (2) In any other claim by the Crown, the defendant cannot make a counterclaim or other additional claim or raise a defence of set-off which is based on a claim for repayment of taxes, duties or penalties.

• (3) In proceedings by or against the Crown in the name of the Attorney-General, no counterclaim or other additional claim can be made or defence of set-off raised without the permission of the court.

• (4) In proceedings by or against the Crown in the name of a government department, no counterclaim or other additional claim can be made or defence of set-off raised without the permission of the court unless the subject-matter relates to that government department.

Applications in revenue matters

66.5

• (1) This rule sets out the procedure under section 14 of the Act, which allows the Crown to make summary applications in the High Court in certain revenue matters.

• (2) The application must be made in the High Court using the Part 8 procedure.

• (3) The title of the claim form must clearly identify the matters which give rise to the application.

Enforcement against the Crown

66.6

• (1) The following rules do not apply to any order against the Crown—

• (a) Rules 40.8A and 70.2A and Parts 69 to 73, 81, 83, 84 and 89; and

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

• (c) CCR Order 28.

• (2) In paragraph (1), “order against the Crown” means any judgment or order against the Crown, a government department, or an officer of the Crown as such, made—

• (a) in civil proceedings by or against the Crown;

• (b) in proceedings in the Administrative Court;

• (c) in connection with an arbitration to which the Crown is a party; or

• (d) in other civil proceedings to which the Crown is a party.

• (3) An application under section 25(1) of the Act for a separate certificate of costs payable to the applicant may be made without notice.

Money due from the Crown

66.7

• (1) None of the following orders—

• (a) a third party debt order under Part 72;

• (b) an order for the appointment of a receiver under Part 69; or

• (c) an order for the appointment of a sequestrator under RSC Order 45,

may be made or have effect in respect of any money due from the Crown.

• (2) In paragraph (1), “money due from the Crown” includes money accruing due, and money alleged to be due or accruing due.

• (3) An application for an order under section 27 of the Act—

• (a) restraining a person from receiving money payable to him by the Crown; and

• (b) directing payment of the money to the applicant or another person,

may be made under Part 23.

• (4) The application must be supported by written evidence setting out the facts on which it is based, and in particular identifying the debt from the Crown.

• (5) Where the debt from the Crown is money in a National Savings Bank account, the witness must if possible identify the number of the account and the name and address of the branch where it is held.

• (6) Notice of the application, with a copy of the written evidence, must be served—

• (a) on the Crown, and

• (b) on the person to be restrained,

at least 7 days before the hearing.

• (7) Rule 72.8 applies to an application under this rule as it applies to an application under rule 72.2 for a third party debt order, except that the court will not have the power to order enforcement to issue against the Crown.

PART 67 — PROCEEDINGS RELATING TO SOLICITORS

Scope and interpretation

67.1

• (1) This Part contains rules about the following types of proceedings relating to solicitors—

• (a) proceedings to obtain an order for a solicitor to deliver a bill or cash account and proceedings in relation to money or papers received by a solicitor (rule 67.2);

• (b) proceedings under Part III of the Solicitors Act 1974³²⁹⁵ relating to the remuneration of solicitors (rule 67.3); and

• (c) proceedings under Schedule 1 to the Solicitors Act 1974³²⁹⁶ arising out of the Law Society’s intervention in a solicitor’s practice (rule 67.4).

• (2) In this Part—

• “the Act” means the Solicitors Act 1974; and

• “LLP” means limited liability partnership.

(Section II of Part 46 and paragraphs 6.4 to 6.19 of Practice Direction 46 contain provisions about the procedure and basis for the detailed assessment of solicitor and client costs under Part III of the Act)

(Practice Direction 52 contains provisions about appeals to the High Court from the Solicitors Disciplinary Tribunal under section 49 of the Act)

Power to order solicitor to deliver cash account etc.

67.2

• (1) Where the relationship of solicitor and client exists or has existed, the orders which the court may make against the solicitor, on the application of the client or his personal representatives, include any of the following—

• (a) to deliver a bill or cash account;

• (b) to pay or deliver up any money or securities;

• (c) to deliver a list of the moneys or securities which the solicitor has in his possession or control on behalf of the applicant;

• (d) to pay into or lodge in court any such money or securities.

• (2) An application for an order under this rule must be made—

• (a) by Part 8 claim form; or

• (b) if the application is made in existing proceedings, by application notice in accordance with Part 23.

• (3) If the solicitor alleges that he has a claim for costs against the applicant, the court may make an order for—

• (a) the detailed assessment and payment of those costs; and

• (b) securing the payment of the costs, or protecting any solicitor’s lien.

Proceedings under Part III of the Act

67.3

• (1) A claim for an order under Part III of the Act for the assessment of costs payable to a solicitor by his client—

• (a) which—

• (i) relates to contentious business done in the County Court; and

• (ii) is within the financial limit of the County Court’s jurisdiction specified in section 69(3) of the Act³²⁹⁷,

may be made in the County Court;

• (b) in every other case, must be made in the High Court.

(Rule 30.2 makes provision for the County Court to transfer the proceedings to another County Court for detailed assessment of costs)

(Provisions about the venue for detailed assessment proceedings are contained in rule 47.4 and paragraphs 4.1 to 4.3 of Practice Direction 47 ...)

• (2) A claim for an order under Part III of the Act must be made—

• (a) by Part 8 claim form; or

• (b) if the claim is made in existing proceedings, by application notice in accordance with Part 23.

(A model form of claim form is annexed to the Costs Practice Direction)

• (3) A claim in the High Court under Part III of the Act may be determined by—

• (a) a High Court judge;

• (b) a Master, a costs judge or a District Judge of the Principal Registry of the Family Division; or

• (c) a District Judge, if the costs are for—

• (i) contentious business done in proceedings in the District Registry of which he is the District Judge;

• (ii) contentious business done in proceedings in the County Court within the district of that District Registry; or

• (iii) non-contentious business.

Proceedings under Schedule 1 to the Act

67.4

• (1) Proceedings in the High Court under Schedule 1 to the Act must be brought—

• (a) in a Business List of the Business and Property Division; and

• (b) by Part 8 claim form, unless paragraph (4) below applies.

• (2) The heading of the claim form must state that the claim relates to a solicitor and is made under Schedule 1 to the Act.

• (3) Where proceedings are brought under paragraph 6(4) or 9(8) of Schedule 1 to the Act, the court will give directions and fix a date for the hearing immediately upon issuing the claim form.

• (4) If the court has made an order under Schedule 1 to the Act, any subsequent application for an order under that Schedule which has the same parties may be made by a Part 23 application in the same proceedings.

• (5) The table below sets out who must be made a defendant to each type of application under Schedule 1.

Paragraph of Schedule 1 under which the application is made	Defendant to application
Paragraph 5	if the application relates to money held on behalf of an individual solicitor, the solicitorif the application relates to money held on behalf of a firm, every partner in the firmif the application relates to money held on behalf of a LLP or other corporation, the LLP or other corporation
Paragraph 6(4) or 9(8)	the Law Society
Paragraph 8, 9(4), 9(5) or 9(6)	the person against whom the Law Society is seeking an order
Paragraph 9(10)	the person from whom the Law Society took possession of the documents which it wishes to dispose of or destroy
Paragraph 10	if the application relates to postal packets addressed to an individual solicitor, the solicitorif the application relates to postal packets addressed to a firm, every partner in the firmif the application relates to postal packets addressed to a LLP or other corporation, the LLP or other corporation
Paragraph 11	the trustee whom the Law Society is seeking to replace and, if he is a co-trustee, the other trustees of the trust

• (6) At any time after the Law Society has issued an application for an order under paragraph 5 of Schedule 1 to the Act, the court may, on an application by the Society—

• (a) make an interim order under that paragraph to have effect until the hearing of the application; and

• (b) order the defendant, if he objects to the order being continued at the hearing, to file and serve written evidence showing cause why the order should not be continued.

PART 68 — PROCEEDINGS UNDER THE EUROPEAN UNION (WITHDRAWAL) ACT 2018

Title	Rule number
Interpretation	Rule 68.1
References under section 6A of the Act: proceedings before County Court or High Court	Rule 68.2
References under section 6A of the Act: Court of Appeal	Rule 68.3
Submissions to the Court of Appeal on references on assimilated case law under section 6A of the Act	Rule 68.4
Interventions in references on assimilated case law under section 6A of the Act in the Court of Appeal	Rule 68.5
References on assimilated case law by law officers under section 6B of the Act	Rule 68.6
Steps after reference accepted	Rule 68.7
Section 6C of the Act - decisions on whether to depart from assimilated case law	Rule 68.8

Interpretation

68.1

In this Part—

• “the Act”means the European Union (Withdrawal) Act 2018;

• “referring court or tribunal” means the court or tribunal making a reference under section 6A of the Act to the Court of Appeal,

and terms used in this Part have the same meaning as in the Act.

References under section 6A of the Act: proceedings before County Court or High Court

68.2

• (1) An application by a party to proceedings before the County Court or High Court for that court (“the court”) to make a reference under section 6A(1) of the Act is made under Part 23 using the approved form.

• (2) The application notice must—

• (a) state the point of law which arises on assimilated case law and the question to be determined on that point of law;

• (b) set out the reasons for considering the point of law to be of general public importance; and

• (c) describe the relevance of the point of law to the proceedings before the court.

• (3) ) If the court is considering under section 6A(2)(a) of the Act whether to make a reference under section 6A(1), it must invite the parties to the proceedings to make representations.

• (4) A copy of any reference must be sent by the court to—

• (a) the parties to the proceedings;

• (b) the Law Officers listed in section 6C(2) of the Act.

(Rules 68.3 and 68.4 make provision for how the reference is made to the Court of Appeal and for procedure in the Court of Appeal once the reference is made; and for references to the Supreme Court, provision for those matters is made by the Supreme Court Rules.)

References under section 6A of the Act: Court of Appeal

68.3

• (1) A reference under section 6A of the Act to the Court of Appeal is made when the referring court or tribunal files the reference with the Court of Appeal.

• (2) A reference filed under paragraph (1) must—

• (a) state the point of law which arises on assimilated case law and the question to be determined on that point of law;

• (b) set out the referring court or tribunal’s reasons for considering the point of law to be of general public importance; and

• (c) describe the relevance of the point of law to the proceedings before the referring court or tribunal.

• (3) Before the reference is filed, a copy of it must have been sent by the referring court or tribunal to—

• (a) all parties to the proceedings before the referring court or tribunal; and

• (b) the law officers listed in section 6C(2) of the Act.

• (4) The persons listed in paragraph (3) may make written submissions to the Court of Appeal as to whether the Court of Appeal should accept the reference.

• (5) Any submissions made under paragraph (4) must unless the Court of Appeal directs otherwise be filed with the Court of Appeal within 14 days of the copy of the reference being sent under paragraph (3), and a copy of the submissions must be sent to each of the persons listed in paragraph (3) when they are filed.

• (6) The question whether to accept the reference shall be considered by a single judge of the Court of Appeal and without an oral hearing, except as provided for under paragraph (7).

• (7) The judge considering the reference on paper may direct that the question whether to accept the reference be determined at an oral hearing, and must so direct if the judge is of the opinion that the question cannot be fairly determined on paper without an oral hearing.

• (8) An oral hearing directed under paragraph (7) must be listed—

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

• (b) before the judge who made that direction,

unless the court directs otherwise.

• (9) The Court of Appeal may, in any direction under paragraph (7)—

• (a) identify any issue or issues on which the submissions should specifically be focused at the oral hearing in order to assist the court to determine whether to accept the reference; and

• (b) direct any person listed in paragraph (3) to serve and file written submissions and to attend the oral hearing.

• (10) The Court shall send a copy of the decision on whether to accept the reference to the referring court or tribunal and each of the persons listed in paragraph (3).

Submissions to the Court of Appeal on references on assimilated case law under section 6A of the Act

68.4

• (1) Any person may make written submissions to the Court of Appeal as to whether the Court should accept a reference under section 6A of the Act and request that the Court takes them into account.

• (2) Any submissions made under paragraph (1) must be sent by the Court to the referring court or tribunal and each of the persons listed in rule 68.3(3).

• (3) Any submissions made under this rule shall be referred to the judge considering whether to accept the reference, who may take them into account to such extent as the judge considers appropriate, or may decline to take them into account.

Interventions in references on assimilated case law under section 6A of the Act in the Court of Appeal

68.5

• (1) If the Court of Appeal decides to accept a reference made to it in accordance with rule 68.3, a copy of the decision shall be sent to—

• (a) each of the persons who made submissions under rule 68.4; and

• (b) the parties to the proceedings before the referring court or tribunal.

• (2) If any person listed in paragraph (1) wishes to intervene in the reference, an application to intervene must be made to the Court of Appeal under Part 23.

References on assimilated case law by law officers under section 6B of the Act

68.6

• (1) A reference under section 6B of the Act to the Court of Appeal is made when a law officer files the reference with the Court of Appeal.

• (2) A reference filed under paragraph (1) must—

• (a) state the question to be determined on the point of law which arose on assimilated case law in proceedings before a court or tribunal (other than a higher court) which have concluded;

• (b) confirm that the conditions in section 6B(1) of the Act are met;

• (c) describe the relevance of the point of law to the concluded proceedings; and

• (d) if the reference is made by the Lord Advocate, the Counsel General for Wales or the Attorney General for Northern Ireland, confirm that the point of law relates to the meaning or effect of relevant Scotland legislation, relevant Wales legislation or relevant Northern Ireland legislation, as applicable.

• (3) A law officer making a reference under paragraph (1) must serve a copy of the reference on each of the other law officers before it is filed with the Court of Appeal.

Steps after reference accepted

68.7

When the Court of Appeal accepts a reference made to it under section 6A or 6B of the Act, it must give directions for the management of the case and set a timetable for the steps to be taken between the giving of directions and the hearing of the reference. (Section 6B(5) of the Act requires a court to which a reference is made under that section to accept the reference.)

Section 6C of the Act - decisions on whether to depart from assimilated case law

68.8

• (1) Where section 6C of the Act applies, notice of the proceedings must be given to the law officers listed in section 6C(2).

• (2) A notice given under paragraph (1) must also be given to all parties to the proceedings.

• (3) The following shall be joined as a party to the proceedings on notifying the court that they wish to be joined—

• (a) any UK law officer;

• (b) the Lord Advocate if the argument relates to the meaning or effect of relevant Scotland legislation;

• (c) the Counsel General for Wales if the argument relates to the meaning or effect of relevant Wales legislation;

• (d) the Attorney General for Northern Ireland, if the argument relates to the meaning or effect of relevant Northern Ireland legislation.

• (4) Notification under paragraph (3) shall also be given to the other parties to the proceedings.

• (5) The Court of Appeal may not decide the question whether it should depart from assimilated case law unless 28 days, or such other period as the court directs, has elapsed since the giving of notice under paragraph (1).

PART 69 — COURT'S POWER TO APPOINT A RECEIVER

Scope of this Part	Rule 69.1
Court’s power to appoint receiver	Rule 69.2
How to apply for the appointment of a receiver	Rule 69.3
Service of order appointing receiver	Rule 69.4
Security	Rule 69.5
Receiver’s application for directions	Rule 69.6
Receiver’s remuneration	Rule 69.7
Accounts	Rule 69.8
Non-compliance by receiver	Rule 69.9
Application for discharge of receiver	Rule 69.10
Order discharging or terminating appointment of receiver	Rule 69.11

Scope of this Part

69.1

• (1) This Part contains provisions about the court’s power to appoint a receiver.

• (2) In this Part “receiver” includes a manager.

Court’s power to appoint receiver

69.2

• (1) The court may appoint a receiver—

• (a) before proceedings have started;

• (b) in existing proceedings; or

• (c) on or after judgment.

• (2) A receiver must be an individual.

• (3) The court may at any time—

• (a) terminate the appointment of a receiver; and

• (b) appoint another receiver in his place.

• (Practice Direction 69 describes the powers for the court to appoint a receiver.)

How to apply for the appointment of a receiver

69.3

An application for the appointment of a receiver—

• (a) may be made without notice; and