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The Civil Procedure Rules 1998

Type Statutory-Instrument

Publication 1998-12-10

Last updated 2026-04-06

State In force

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(d) where appropriate, the grounds on which it is contended that the claim is an Aarhus Convention claim.

(Rules 46.24 to 46.27 make provision about costs in Aarhus Convention claims.)

Service of claim form

54.7

The claim form must be served on—

(a) the defendant; and

(b) unless the court otherwise directs, any person the claimant considers to be an interested party, within 7 days after the date of issue.

Acknowledgment of service

54.8

(1) Any person served with the claim form who wishes to take part in the judicial review must file an acknowledgment of service in the approved form in accordance with the following provisions of this rule.

(2) Any acknowledgment of service must be—

(a) filed not more than 21 days after service of the claim form; and

(b) served on—

(i) the claimant; and

(ii) subject to any direction under rule 54.7(b), any other person named in the claim form,

as soon as practicable and, in any event, not later than 7 days after it is filed.

(3) The time limits under this rule may not be extended by agreement between the parties.

(4) The acknowledgment of service—

(a) must—

(i) where the person filing it intends to contest the claim, set out a summary of his grounds for doing so; and

(ii) where the person filing it intends to contest the application for permission on the basis that it is highly likely that the outcome for the claimant would not have been substantially different if the conduct complained of had not occurred, set out a summary of the grounds for doing so; and

(iii) state the name and address of any person the person filing it considers to be an interested party; and

(b) may include or be accompanied by an application for directions.

(5) Rule 10.3(2) does not apply.

(Section 31(3C) of the Senior Courts Act 1981 requires the court, where it is asked to do so by the defendant, to consider whether the outcome for the claimant would have been substantially different if the conduct complained of had not occurred.)

Failure to file acknowledgment of service

54.9

(1) Where a person served with the claim form has failed to file an acknowledgment of service in accordance with rule 54.8, he—

(a) may not take part in a hearing to decide whether permission should be given unless the court allows him to do so; but

(b) provided he complies with rule 54.14 or any other direction of the court regarding the filing and service of—

(i) detailed grounds for contesting the claim or supporting it on additional grounds; and

(ii) any written evidence,

may take part in the hearing of the judicial review.

(2) Where that person takes part in the hearing of the judicial review, the court may take his failure to file an acknowledgment of service into account when deciding what order to make about costs.

(3) Rule 8.4 does not apply.

Permission given

54.10

(1) Where permission to proceed is given the court may also give directions.

(2) Directions under paragraph (1) may include—

(a) a stay(GL) of proceedings to which the claim relates;

(b) directions requiring the proceedings to be heard by a Divisional Court.

Service of order giving or refusing permission

54.11

The court will serve—

(a) the order giving or refusing permission; and

(ai) any certificate (if not included in the order) that permission has been granted for reasons of exceptional public interest in accordance with section 31(3F) of the Senior Courts Act 1981; and

(b) any directions,

on—

(i) the claimant;

(ii) the defendant; and

(iii) any other person who filed an acknowledgment of service.

Permission decision without a hearing

54.12

(1) This rule applies where the court, without a hearing—

(a) refuses permission to proceed; or

(b) gives permission to proceed—

(i) subject to conditions; or

(ii) on certain grounds only.

(2) The court will serve its reasons for making the decision when it serves the order giving or refusing permission in accordance with rule 54.11.

(3) Subject to paragraph (7), the claimant may not appeal but may request the decision to be reconsidered at a hearing.

(4) A request under paragraph (3) must be filed within 7 days after service of the reasons under paragraph (2).

(5) The claimant, defendant and any other person who has filed an acknowledgment of service will be given at least 2 days' notice of the hearing date.

(6) The court may give directions requiring the proceedings to be heard by a Divisional Court.

(7) Where the court refuses permission to proceed and records the fact that the application is totally without merit in accordance with rule 23.12, the claimant may not request that decision to be reconsidered at a hearing.

Defendant etc. may not apply to set aside(gl)

54.13

Neither the defendant nor any other person served with the claim form may apply to set aside(gl) an order giving permission to proceed.

Response

54.14

(1) A defendant and any other person served with the claim form who wishes to contest the claim or support it on additional grounds must file and serve—

(a) detailed grounds for contesting the claim or supporting it on additional grounds; and

(b) any written evidence,

within 35 days after service of the order giving permission.

(2) The following rules do not apply—

(a) rule 8.5(3) and 8.5(4) (defendant to file and serve written evidence at the same time as acknowledgment of service); and

(b) rule 8.5(5) and 8.5(6) (claimant to file and serve any reply within 14 days).

Where claimant seeks to rely on additional grounds

54.15

The court’s permission is required if a claimant seeks to rely on grounds other than those for which he has been given permission to proceed.

Evidence

54.16

(1) Rule 8.6 (1) does not apply.

(2) No written evidence may be relied on unless—

(a) it has been served in accordance with any—

(i) rule under this Section; or

(ii) direction of the court; or

(b) the court gives permission.

Court’s powers to hear any person

54.17

(1) Any person may apply for permission—

(a) to file evidence; or

(b) make representations at the hearing of the judicial review.

(2) An application under paragraph (1) should be made promptly.

Judicial review may be decided without a hearing

54.18

The court may decide the claim for judicial review without a hearing where all the parties agree.

Court’s powers in respect of quashing orders

54.19

(1) This rule applies where the court makes a quashing order in respect of the decision to which the claim relates.

(2) The court may—

(i) remit the matter to the decision-maker; and

(ii) direct it to reconsider the matter and reach a decision in accordance with the judgment of the court; or

(b) in so far as any enactment permits, substitute its own decision for the decision to which the claim relates.

(Section 31 of the Supreme Court Act 1981 enables the High Court, subject to certain conditions, to substitute its own decision for the decision in question.)

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Transfer

54.20

The court may—

(a) order a claim to continue as if it had not been started under this Section; and

(b) where it does so, give directions about the future management of the claim.

Special rules about parties in claims for wrongful interference with goods

19.5A

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

Power to make judgments binding on non-parties

19.8A

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

Derivative Claims

III DECLARATORY JUDGMENTS

40.20

The court may make binding declarations whether or not any other remedy is claimed.

Postal Services Act 2000

Service in accordance with the Service Regulation

6.26A

(1) This rule applies where a claim form is to be served in accordance with the Service Regulation.

(2) The claimant must file the claim form and any translations or other documents required by the Service Regulation.

(3) When the claimant files the documents referred to in paragraph (2), the court officer will—

(a) seal(GL) the copy of the claim form; and

(b) forward the documents to the Senior Master.

(4) Rule 6.31 does not apply.

(The Service Regulation is annexed to the relevant practice direction)

Service of claim form on State where court permits service out of the jurisdiction

Translation of claim form

Undertaking to be responsible for expenses of the Foreign and Commonwealth Office

Service of documents other than the claim form

Proof of service

Claims under the Race Relations Act 1976

39.8

(1) Any communication between a party to proceedings and the court must be disclosed to, and if in writing (whether in paper or electronic format), copied to, the other party or parties or their representatives.

(2) Paragraph (1) applies to any communication in which any representation is made to the court on a matter of substance or procedure but does not apply to communications that are purely routine, uncontentious and administrative.

(3) A party is not required under paragraph (1) to disclose or copy a communication if there is a compelling reason for not doing so, and provided that any reason is clearly stated in the communication.

(4) A written communication required under paragraph (1) to be copied to the other party or parties or their representatives, must state on its face that it is being copied to that person or those persons, stating their identity and capacity.

(5) Unless the court directs otherwise, a written communication which does not comply with paragraph (4) will be returned to the sender without being considered by the court, with a brief explanation of why it is being returned.

(6) In addition to returning a communication under paragraph (5), where a party fails to comply with paragraph (1) the court may, subject to hearing the parties, impose sanctions or exercise its other case management powers under Part 3.

(7) Paragraph (1) does not apply to communications authorised by a rule or practice direction to be sent to the court without at the same time being provided to the other party or parties or their representatives.

III: TERRORISM ACT 2000

Establishment of the traffic enforcement centre

The traffic enforcement centre

51.1

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

51.2

Practice directions may modify or disapply any provision of these Rules—

(a) for specified periods; and

(b) in relation to proceedings in specified courts,

during the operation of pilot schemes for assessing the use of new practices and procedures in connection with proceedings.

PART 55 — POSSESSION CLAIMS

Contents of this part
Coronavirus – temporary provision	Rule 55.A1
Interpretation	Rule 55.1
I–GENERAL RULES
Scope	Rule 55.2
Starting the claim	Rule 55.3
Particulars of claim	Rule 55.4
Hearing date	Rule 55.5
Service of claims against trespassers	Rule 55.6
Defendant’s response	Rule 55.7
The hearing	Rule 55.8
Allocation	Rule 55.9
Possession claims relating to mortgaged residential property	Rule 55.10
II–ACCELERATED POSSESSION CLAIMS OF PROPERTY LET ON AN ASSURED SHORTHOLD TENANCY
When this section may be used	Rule 55.11
Conditions	Rule 55.12
Claim form	Rule 55.13
Defence	Rule 55.14
Claim referred to judge	Rule 55.15
Consideration of the claim	Rule 55.16
Possession order	Rule 55.17
Postponement of possession	Rule 55.18
Application to set aside or vary	Rule 55.19
SECTION III—INTERIM POSSESSION ORDERS
When this section may be used	Rule 55.20
Conditions for IPO application	Rule 55.21
The application	Rule 55.22
Service	Rule 55.23
Defendant’s response	Rule 55.24
Hearing of the application	Rule 55.25
Service and enforcement of the IPO	Rule 55.26
After IPO made	Rule 55.27
Application to set aside IPO	Rule 55.28
Stay of possession proceedings, coronavirus	Rule 55.29

IV — RENTING HOMES WALES - GENERAL RULES
Interpretation	Rule 55.30
Scope	Rule 55.31
Starting the claim	Rule 55.32
Particulars of claim	Rule 55.33
Hearing date	Rule 55.34
Defendant’s response and adding of sub-holder as a party	Rule 55.35
The hearing	Rule 55.36
Allocation	Rule 55.37
Electronic issue of certain Renting Homes possession claims	Rule 55.38
V—RENTING HOMES WALES – ACCELERATED POSSESSION CLAIMS OF DWELLINGS LET ON A STANDARD CONTRACT
Interpretation	Rule 55.39
When this Section may be used	Rule 55.40
Conditions	Rule 55.41
Claim form	Rule 55.42
Defence	Rule 55.43
Claim referred to judge	Rule 55.44
Consideration of the claim	Rule 55.45
Possession order	Rule 55.46
Postponement of possession	Rule 55.47
Application to set aside or vary	Rule 55.48

Interpretation

55.1

In this Part—

(a) “a possession claim” means a claim for the recovery of possession of land (including buildings or parts of buildings);

(b) “a possession claim against trespassers” means a claim for the recovery of land which the claimant alleges is occupied only by a person or persons who entered or remained on the land without the consent of a person entitled to possession of that land but does not include a claim against a tenant or sub-tenant whether his tenancy has been terminated or not;

(c) “mortgage” includes a legal or equitable mortgage and a legal or equitable charge and “mortgagee” is to be interpreted accordingly; ...

(d) “the 1985 Act” means the Housing Act 1985;

(e) “the 1988 Act” means the Housing Act 1988;

(f) “a demotion claim” means a claim made by a landlord for an order under section 82A of the 1985 Act or section 6A of the 1988 Act (“a demotion order”); ...

(g) “a demoted tenancy” means a tenancy created by virtue of a demotion order ; and

(h) “a suspension claim” means a claim made by a landlord for an order under section 121A of the 1985 Act.

I–GENERAL RULES

Scope

55.2

(1) The procedure set out in this Section of this Part must be used where the claim includes—

(a) a possession claim brought by a—

(i) landlord (or former landlord);

(ii) mortgagee; or

(iii) licensor (or former licensor);

(b) a possession claim against trespassers; or

(Where a demotion claim or a suspension claim (or both) is made in the same claim form in which a possession claim is started, this Section of this Part applies as modified by rule 65.12. Where the claim is a demotion claim or a suspension claim only, or a suspension claim made in addition to a demotion claim, Section III of Part 65 applies).

(2) This Section of this Part

(a) is subject to any enactment or practice direction which sets out special provisions with regard to any particular category of claim; ...

(b) does not apply where the claimant uses the procedure set out in Section II of this Part ; and

(c) does not apply where the claimant seeks an interim possession order under Section III of this Part except where the court orders otherwise or that Section so provides

Starting the claim

55.3

(1) In the County Court—

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

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

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

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

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

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

(4) Where, in a possession claim against trespassers, the claimant does not know the name of a person in occupation or possession of the land, the claim must be brought against “persons unknown” in addition to any named defendants.

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

Particulars of claim

55.4

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

Hearing date

55.5

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

(1A) If the claim is not made at the County Court hearing centre which serves the address where the land is situated, a date will be fixed for hearing when the claim is received by that hearing centre.

(2) In a possession claim against trespassers the defendant must be served with the claim form, particulars of claim and any witness statements—

(a) in the case of residential property, not less than 5 days; and

(b) in the case of other land, not less than 2 days,

before the hearing date.

(3) In all other possession claims—

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

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

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

(Rule 3.1(2)(a) provides that the court may extend or shorten the time for compliance with any rule)

Service of claims against trespassers

55.6

Where, in a possession claim against trespassers, the claim has been issued against “persons unknown”, the claim form, particulars of claim and any witness statements must be served on those persons by—

(i) attaching copies of the claim form, particulars of claim and any witness statements to the main door or some other part of the land so that they are clearly visible; and

(ii) if practicable, inserting copies of those documents in a sealed transparent envelope addressed to “the occupiers” through the letter box; or

(b) placing stakes in the land in places where they are clearly visible and attaching to each stake copies of the claim form, particulars of claim and any witness statements in a sealed transparent envelope addressed to “the occupiers”.

Defendant’s response

55.7

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

(2) In a possession claim against trespassers rule 15.2 does not apply and the defendant need not file a defence.

(3) Where, in any other possession claim, 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.

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

The hearing

55.8

(1) At the hearing fixed in accordance with rule 55.5(1) or at any adjournment of that hearing, the court may—

(a) decide the claim; or

(b) give case management directions.

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

(3) Except where—

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

(b) the court orders otherwise,

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

(Rule 32.2(1) sets out the general rule about evidence. Rule 32.2(2) provides that rule 32.2(1) is subject to any provision to the contrary)

(4) Subject to paragraph (5), all witness statements must be filed and served at least 2 days before the hearing.

(5) In a possession claim against trespassers all witness statements on which the claimant intends to rely must be filed and served with the claim form.

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

Allocation

55.9

(1) When the court decides the track for a possession claim, the matters to which it shall have regard include—

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

(b) the amount of any arrears of rent or mortgage instalments;

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

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

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

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

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

Possession claims relating to mortgaged residential property

55.10

(1) This rule applies where a mortgagee seeks possession of land which consists of or includes residential property.

(2) Within 5 days of receiving notification of the date of the hearing by the court, the claimant must send a notice to—

(a) the property, addressed to “the tenant or the occupier”; ...

(b) the housing department of the local authority within which the property is located ; and

(3) The notice referred to in paragraph (2)(a) must—

(a) state that a possession claim for the property has started;

(b) show the name and address of the claimant, the defendant and the court which issued the claim form; and

(3A) The notice referred to in paragraph 2(b) must contain the information in paragraph (3) and must state the full address of the property.

(4) The claimant must produce at the hearing—

(a) a copy of the notices; and

(b) evidence that they have been sent.

(4A) An unauthorised tenant of residential property may apply to the court for the order for possession to be suspended.

II–ACCELERATED POSSESSION CLAIMS OF PROPERTY LET ON AN ASSURED SHORTHOLD TENANCY

When this section may be used

55.11

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

(a) the claim is brought under section 21 of the 1988 Act[^f00012] to recover possession of residential property let under an assured shorthold tenancy other than a demoted assured shorthold tenancy; and

(b) ... all the conditions listed in rule 55.12 are satisfied.

(2) The claim—

(a) may be brought in any County Court hearing centre; and

(b) will be issued by the hearing centre where it is brought.

(3) In this Section of this Part, a “demoted assured shorthold tenancy” means a demoted tenancy where the landlord is a registered social landlord or a private registered provider of social housing.

Conditions

55.12

The conditions referred to in rule 55.11(1)(b) are that—

(a) the tenancy and any agreement for the tenancy were entered into on or after 28 February 1997;

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

(d) the tenancy fulfilled the conditions provided by section 19A of the 1988 Act;

(e) all the tenancies under which the defendant has occupied the property—

(i) were the subject of written agreements; or

(ii) arose by virtue of section 5 of the 1988 Act.

Claim form

55.13

(1) The claim form must—

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

(i) contain such information; and

(ii) be accompanied by such documents,

as are required by that form.

(2) All relevant sections of the form must be completed.

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

Defence

55.14

(1) A defendant who wishes to—

(a) oppose the claim; or

(b) seek a postponement of possession in accordance with rule 55.18,

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

(2) The defence should be in the form set out in Practice Direction 55A.

Claim referred to judge

55.15

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

(a) send a copy to the claimant; and

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

(2) Where the period set out in rule 55.14 has expired without the defendant filing a defence—

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

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

(3) Where the defence is received after the period set out in rule 55.14 has expired but before a request is filed in accordance with paragraph (2), paragraph (1) will still apply.

(4) Where—

(a) the period set out in rule 55.14 has expired without the defendant filing a defence; and

(b) the claimant has not made a request for an order for possession under paragraph (2) within 3 months after the expiry of the period set out in rule 55.14,

the claim will be stayed.

Consideration of the claim

55.16

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

(a) make an order for possession under rule 55.17;

(b) where the judge is not satisfied as to any of the matters set out in paragraph (2)—

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

(ii) give any appropriate case management directions; or

(1A) If—

(a) the judge directs that a date be fixed for hearing in accordance either with paragraph (2) or rule 55.18(1); and

(b) the claim has not been brought in the County Court hearing centre which serves the address where the land is situated,

the judge will direct that the proceedings should be transferred to that hearing centre.

(2) The matters referred to in paragraph (1)(b) are that—

(a) the claim form was served; and

(b) the claimant has established that he is entitled to recover possession under section 21 of the 1988 Act against the defendant.

(3) The court will give all parties not less than 14 days' notice of a hearing fixed under paragraph (1)(b)(i).

(4) Where a claim is struck out under paragraph (1)(c)—

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

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

Possession order

55.17

Except where rules 55.16(1)(b) or (c) apply, the judge will make an order for possession without requiring the attendance of the parties.

Postponement of possession

55.18

(1) Where the defendant seeks postponement of possession on the ground of exceptional hardship under section 89 of the Housing Act 1980[^f00015], the judge may direct a hearing of that issue.

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

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

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

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

Application to set aside or vary

55.19

The court may—

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

(b) of its own initiative,

set aside or vary any order made under rule 55.17.

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

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

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

I–LANDLORD AND TENANT CLAIMS

Scope and interpretation

56.1

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

(a) the Landlord and Tenant Act 1927[^f00016];

(b) the Leasehold Property (Repairs) Act 1938[^f00017];

(d) the Landlord and Tenant Act 1985[^f00019]; ...

(e) the Landlord and Tenant Act 1987[^f00020] ; or

(f) section 214 of the Housing Act 2004.

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

Starting the claim

56.2

(1) In the County Court—

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

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

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

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

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

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

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

Claims under section 24 of the Landlord and Tenant Act 1954

56.3

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

(2) In this rule—

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

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

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

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

(3) Where the claim is an unopposed claim—

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

(i) rule 8.5; and

(ii) rule 8.6; and

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

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

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

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

II–MISCELLANEOUS PROVISIONS ABOUT LAND

Scope

56.4

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

(a) the Chancel Repairs Act 1932[^f00022];

(b) the Leasehold Reform Act 1967[^f00023];

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

(e) the Commonhold and Leasehold Reform Act 2002

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

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

Scope of this Part and definitions

57.1

(1) This Part contains rules about—

(a) probate claims;

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

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

(ii) remove a personal representative ; ...

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

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

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

(2) In this Part:

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

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

(ii) the revocation of such a grant; or

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

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

SECTION I—PROBATE CLAIMS

General

57.2

(1) This Section contains rules about probate claims.

(2) Probate claims in the High Court are assigned to the Chancery Division.

(3) Probate claims in the County Court must only be started by sending the claim to, or making the claim at—

(a) a County Court hearing centre where there is also a Chancery district registry; or

(b) the County Court at Central London.

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

How to start a probate claim

57.3

A probate claim must be commenced—

(a) in the relevant office; and

(b) using the procedure in Part 7.

Acknowledgment of service and defence

57.4

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

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

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

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

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

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

Lodging of testamentary documents and filing of evidence about testamentary documents

57.5

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

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

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

(b) by a defendant when he acknowledges service.

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

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

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

Revocation of existing grant

57.6

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

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

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

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

Contents of statements of case

57.7

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

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

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

(4) Any party who wishes to contend that—

(a) a will was not duly executed;

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

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

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

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

Counterclaim

57.8

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

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

Probate counterclaim in other proceedings

57.9

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

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

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

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

(a) the Chancery Division (if it is not already assigned to that Division) and to either the Royal Courts of Justice or a Chancery district registry (if it is not already proceeding in one of those places); or

(b) if the County Court has jurisdiction, to a County Court hearing centre where there is also a Chancery District Registry or the County Court at Central London.

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

Failure to acknowledge service or to file a defence

57.10

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

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

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

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

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

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

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

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

Discontinuance and dismissal

57.11

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

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

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

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

SECTION II—RECTIFICATION OF WILLS

57.12

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

SECTION III—SUBSTITUTION AND REMOVAL OF PERSONAL REPRESENTATIVES

57.13

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

(2) Claims under this Section must be brought in the High Court and are assigned to the Chancery Division.

Order to apply to High Court and County Courts

Rule A1

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

Appointment of receiver by way of equitable execution

Masters etc. may appoint receiver

Application of rules as to appointment of receiver, etc.

Housing Act 1996: injunctions ...

I. Reciprocal Enforcement: the Administration of Justice Act 1920(2) and the Foreign Judgments (Reciprocal Enforcement) Act 1933

Powers under relevant Acts exercisable by judge or master

Application for registration

Evidence in support of application

Security for costs

Order for registration

Register of judgments

Notice of registration

Application to set aside registration

Issue of execution

Determination of certain questions

Rules to have effect subject to Orders in Council

Certified copy of High Court judgment

II. Enforcement of European Community Judgments

Interpretation

Functions under Order in Council exercisable by judge or master

Application for registration of Community judgment, etc.

Evidence in support of application

Register of judgments and orders

Notice of registration

Issue of execution

Application to vary or cancel registration

Application for registration of suspension order

Application for enforcement of Euratom inspection order

III. Reciprocal Enforcement: the Civil Jurisdiction and Judgments Act 1982

Interpretation

Assignment of business and exercise of powers

Application for registration

Evidence in support of application

Security for costs

Order for registration

Register of judgments registered under s.4 of the Act of 1982

Notice of registration

Appeals

Issue of execution

Application for recognition

Enforcement of High Court judgments in other Contracting States

Enforcement of United Kingdom judgments in other parts of the United Kingdom: money provisions

Enforcement of United Kingdom judgments in other parts of the United Kingdom: non-money provisions

Register of United Kingdom judgments

Authentic Instruments and Court Settlements

IV. Enforcement of Recommendations etc. Under the Merchant Shipping (Liner Conferences) Act 1982

Exercise of powers

Application for registration

Evidence in support of application

Order for registration

Register of recommendations etc.

V. RECIPROCAL ENFORCEMENT: COUNCIL REGULATION (EC) NO. 44/2001 OF 22ND DECEMBER 2000 ON JURISDICTION AND THE RECOGNITION AND ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS

Interpretation

Rule 45

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

Assignment of business and exercise of powers

Rule 46

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

Application for registration

Rule 47

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

Evidence in support of application

Rule 48

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

Order for registration

Rule 49

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

Register of judgments registered under the Judgments Regulation

Rule 50

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

Notice of registration

Rule 51

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

Appeals

Rule 52

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

Enforcement

Rule 53

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

Application for recognition

Rule 54

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

Enforcement of High Court Judgments in other Regulation States

Rule 55

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

Register of certificates

Rule 56

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

Authentic instruments and court settlements

Rule 57

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

Part I—Enforcement outside United Kingdom

Interpretation of Part I

Application under s.10 of the Act of 1933 for certified copy of county court judgment

Application under s.12 of the Act of 1982 for certified copy of county court judgment

Application under Article 54 of the Council Regulation (EC) No. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters

Rule 3A

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

Part II—Enforcement in other parts of the United Kingdom

Interpretation of Part II

Application for certificate of money provision

Application for certified copy of judgment containing non-money provision

Payment into court under enactments

37.5

A practice direction may set out special provisions with regard to payments into court under various enactments.

Fixed enforcement costs

45.6

(1) Where, in any case to which Section VI, Section VII or Section VIII of this Part applies, the court makes an order for costs in favour of the defendant, the allowable costs are—

(a) the fixed costs set out in Section VI, Section VII or Section VIII;

(b) the applicable disbursements set out in Section IX of this Part.

(2) For the purpose of assessing or determining the costs payable to a defendant by reference to the fixed costs in Table 12 and Table 14—

(a) “value of the claim for damages” and “damages” shall be treated as references to the value of the claim, as defined in paragraph (3); and

(b) if the claim is discontinued, a reference in Table 12 or Table 14 to the stage at which a case is settled shall be treated as a reference to the stage at which the case is discontinued.

(3) For the purposes of paragraph (2)(a), ‘the value of the claim’ is—

(a) the amount specified in the claim form, without taking into account any deduction for contributory negligence, but excluding—

(i) any amount not in dispute;

(ii) interest; or

(iii) costs;

(b) if no amount is specified in the claim form, the maximum amount which the claimant reasonably expected to recover according to the statement of value included in the claim form under rule 16.3;

(i) £25,000 in a claim to which Section VI applies; or

(ii) £100,000 in a claim to which Section VII applies;

(d) if the claim has no monetary value—

(i) the applicable amount in rule 45.45(1)(a)(ii) in a claim to which Section VI applies; or

(ii) the applicable amount in rule 45.50(2)(b)(ii) in a claim to which Section VII applies; or

(e) if a claim includes both a claim for monetary relief and a claim which has no monetary value, the applicable amount in sub-paragraph (d) taken together with the applicable monetary value in sub-paragraph (a), (b) or (c).

PART 58 — COMMERCIAL COURT

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

Scope of this Part and interpretation

58.1

(1) This Part applies to claims in the Commercial Court of the King’s Bench Division.

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

(a) a business document or contract;

(b) the export or import of goods;

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

(e) insurance and re-insurance;

(f) banking and financial services;

(g) the operation of markets and exchanges;

(h) the purchase and sale of commodities;

(i) the construction of ships;

(j) business agency; and

(k) arbitration.

Specialist list

58.2

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

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

Application of the Civil Procedure Rules

58.3

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

Proceedings in the commercial list

58.4

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

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

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

Claim form and particulars of claim

58.5

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

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

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

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

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

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

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

(a) include a statement to that effect; and

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

in both the claim form and the particulars of claim.

Acknowledgment of service

58.6

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

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

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

Disputing the court’s jurisdiction

58.7

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

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

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

Default judgment

58.8

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

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

Admissions

58.9

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

Defence and Reply

58.10

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

(a) file any reply to a defence; and

(b) serve it on all other parties,

within 21 days after service of the defence.

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

Statements of case

58.11

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

Part 8 claims

58.12

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

Case management

58.13

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

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

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

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

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

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

Disclosure—ships papers

58.14

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

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

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

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

Judgments and orders

58.15

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

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

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

PART 59 — CIRCUIT COMMERCIAL COURTS

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

Scope of this Part and interpretation

59.1

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

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

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

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

(3) In this Part and Practice Direction 59—

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

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

Application of the Civil Procedure Rules

59.2

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

Transfer of proceedings

59.3

Rule 30.5 applies applies with the modifications that—

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

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

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

Claim form and particulars of claim

59.4

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

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

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

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

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

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

(a) include a statement to that effect; and

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

in both the claim form and the particulars of claim.

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

Acknowledgment of service

59.5

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

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

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

Disputing the court’s jurisdiction

59.6

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

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

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

Default judgment

59.7

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

(2) If, in a Part 7 claim—

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

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

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

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

Admissions

59.8

Defence and Reply

59.9

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

(a) file any reply to a defence; and

(b) serve it on all other parties,

within 21 days after service of the defence.

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

Statements of case

59.10

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

Case management

59.11

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

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

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

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

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

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

Judgments and orders

59.12

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

(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

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.

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

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 King’s Bench 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;

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