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The Civil Procedure Rules 1998

Type Statutory-Instrument

Publication 1998-12-10

Last updated 2026-04-06

State In force

Department King's Printer of Acts of Parliament

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(e) state whether the judgment provides for the payment of a sum of money, and if so, the amount in respect of which it remains unsatisfied;

(f) state whether interest is recoverable on the judgment, and if so, either—

(i) the amount of interest which has accrued up to the date of the application, or

(ii) the rate of interest, the date from which it is recoverable, and the date on which it ceases to accrue.

III: ENFORCEMENT OF UNITED KINGDOM JUDGMENTS IN OTHER PARTS OF THE UNITED KINGDOM

Interpretation

74.14

In this Section—

(a) “money provision” means a provision for the payment of one or more sums of money in a judgment whose enforcement is governed by section 18 of, and Schedule 6 to, the 1982 Act; and

(b) “non-money provision” means a provision for any relief or remedy not requiring payment of a sum of money in a judgment whose enforcement is governed by section 18 of, and Schedule 7 to, the 1982 Act.

Registration of money judgments in the High Court

74.15

(1) This rule applies to applications to the High Court under paragraph 5 of Schedule 6 to the 1982 Act for the registration of a certificate for the enforcement of the money provisions of a judgment—

(a) which has been given by a court in another part of the United Kingdom, and

(b) to which section 18 of that Act applies.

(2) The certificate must within six months of the date of its issue be filed in the Central Office of the Senior Courts, together with a copy certified by written evidence to be a true copy.

Registration of non-money judgments in the High Court

74.16

(1) This rule applies to applications to the High Court under paragraph 5 of Schedule 7 to the 1982 Act for the registration for enforcement of the non-money provisions of a judgment—

(a) which has been given by a court in another part of the United Kingdom, and

(b) to which section 18 of that Act applies.

(2) An application under paragraph (1) may be made without notice.

(3) An application under paragraph (1) must be accompanied—

(a) by a certified copy of the judgment issued under Schedule 7 to the 1982 Act; and

(b) by a certificate, issued not more than six months before the date of the application, stating that the conditions set out in paragraph 3 of Schedule 7 are satisfied in relation to the judgment.

(4) Rule 74.6 applies to judgments registered under Schedule 7 to the 1982 Act as it applies to judgments registered under section 4 of that Act.

(5) Rule 74.7 applies to applications to set aside the registration of a judgment under paragraph 9 of Schedule 7 to the 1982 Act as it applies to applications to set aside registrations under the 1920 and 1933 Acts.

Certificates of High Court and County Court money judgments

74.17

(1) This rule applies to applications under paragraph 2 of Schedule 6 to the 1982 Act for a certificate to enable the money provisions of a judgment of the High Court or of the County Court to be enforced in another part of the United Kingdom.

(2) The judgment creditor may apply for a certificate by filing at the court where the judgment was given or has been entered written evidence stating—

(a) the name and address of the judgment creditor and, if known, of the judgment debtor;

(b) the sums payable and unsatisfied under the money provisions of the judgment;

(i) the amount of interest which has accrued up to the date of the application, or

(ii) the rate of interest, the date from which it is recoverable, and the date on which it ceases to accrue;

(d) that the judgment is not stayed;

(e) the date on which the time for appealing expired or will expire;

(f) whether an appeal notice has been filed;

(g) the status of any application for permission to appeal; and

(h) whether an appeal is pending.

Certified copies of High Court and County Court non-money judgments

74.18

(1) This rule applies to applications under paragraph 2 of Schedule 7 to the 1982 Act for a certified copy of a judgment of the High Court or of the County Court to which section 18 of the Act applies and which contains non-money provisions for enforcement in another part of the United Kingdom.

(2) An application under paragraph (1) may be made without notice.

(3) The applicant may apply for a certified copy of a judgment by filing at the court where the judgment was given or has been entered written evidence stating—

(a) full particulars of the judgment;

(b) the name and address of the judgment creditor and, if known, of the judgment debtor;

(d) the date on which the time for appealing expired or will expire;

(e) whether an appeal notice has been filed;

(f) the status of any application for permission to appeal; and

(g) whether an appeal is pending.

IV: ENFORCEMENT IN ENGLAND AND WALES OF EUROPEAN COMMUNITY JUDGMENTS

Interpretation

74.19

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

Application for registration of a Community judgment

74.20

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

Evidence in support

74.21

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

Registration orders

74.22

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

Application to vary or cancel registration

74.23

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

Enforcement

74.24

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

Application for registration of suspension order

74.25

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

Registration and enforcement of a Euratom inspection order

74.26

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

Order to apply to High Court and County Courts

Appointment of receiver by way of equitable execution

Masters etc. may appoint receiver

Application of rules as to appointment of receiver, etc.

SECTION I— — JUDICIAL REVIEW

Scope and interpretation

When this Section must be used

When this Section may be used

Permission required

Time limit for filing claim form

Claim form

Service of claim form

Acknowledgment of service

Failure to file acknowledgment of service

Permission given

Service of order giving or refusing permission

Permission decision without a hearing

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

Response

Where claimant seeks to rely on additional grounds

Evidence

Court’s powers to hear any person

Judicial review may be decided without a hearing

Court’s powers in respect of quashing orders

Transfer

II PLANNING COURT

Scope and interpretation

54.21

(1) This Section applies to Planning Court claims.

(2) In this Section, “Planning Court claim” means a judicial review or statutory challenge which —

(a) involves any of the following matters —

(i) planning permission, other development consents, the enforcement of planning control and the enforcement of other statutory schemes;

(ii) applications under the Transport and Works Act 1992;

(iii) wayleaves;

(iv) highways and other rights of way;

(v) compulsory purchase orders;

(vi) village greens;

(vii) European Union environmental legislation and domestic transpositions, including assessments for development consents, habitats, waste and pollution control;

(viii) national, regional or other planning policy documents, statutory or otherwise; or

(ix) any other matter the judge appointed under rule 54.22(2) considers appropriate considers appropriate; and

(b) has been issued or transferred to the Planning Court.

(Part 30 (Transfer) applies to transfers to and from the Planning Court.)

Application for review

54.22

(1) The Planning Court claims form a specialist list.

(2) A judge nominated by the President of the King’s Bench Division will be in charge of the Planning Court specialist list and will be known as the Planning Liaison Judge.

(3) The President of the King’s Bench Division will be responsible for the nomination of specialist planning judges to deal with Planning Court claims which are significant within the meaning of Practice Direction 54D, and of other judges to deal with other Planning Court claims.

Time limit for application

54.23

These Rules and their practice directions will apply to Planning Court claims unless this section or a practice direction provides otherwise.

Service of application

54.24

Practice Direction 54D makes further provision about Planning Court claims, in particular about the timescales for determining such claims.

Determining the application

54.25

(1) This Section contains rules about environmental review.

(2) In this Section—

(a) “claim for environmental review” means a claim made by the Office for Environmental Protection (“OEP”) under section 38 of the Environment Act 2021;

(b) “the environmental review procedure” means the Part 8 procedure as modified by this Section;

(c) “interested party” means any person (other than the claimant and defendant) who is directly affected by the claim; and

(d) “court” means the High Court.

Service of order

54.26

(1) Rule 54.1A (excluding paragraph (3)(a) of the rule) applies to a claim for environmental review.

(2) A claim for environmental review shall be assigned to the Planning Court.

Costs

54.27

(1) The environmental review procedure must be used where a claim for environmental review is made.

(2) Practice Direction 54E applies to the environmental review procedure.

PART63 — INTELLECTUAL PROPERTY CLAIMS

Scope of this Part and interpretation	Rule 63.1

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

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

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

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

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

Scope of this Part and interpretation

63.1

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

(a) registered intellectual property rights such as—

(i) patents;

(ii) registered designs; and

(iii) registered trade marks; and

(b) unregistered intellectual property rights such as—

(i) copyright;

(ii) design right;

(iii) the right to prevent passing off; and

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

(2) In this Part—

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

(b) “the 1988 Act” means the Copyright, Designs and Patents Act 1988;

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

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

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

(g) ‘Intellectual Property Enterprise Court’ means a specialist list established within the Chancery Division of the High Court;

(h) ‘enterprise judge’ means a judge authorised by the Chancellor of the High Court to sit in the Intellectual Property Enterprise Court;

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

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

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

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

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

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

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

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

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

(k) “the registrar” means—

(i) the registrar of trade marks; or

(ii) the registrar of registered designs,

whichever is appropriate.

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

Application of the Civil Procedure Rules

63.2

(1) This Section applies to—

(a) any claim under—

(i) the 1977 Act;

(ii) the Registered Designs Act 1949;

(iii) the Defence Contracts Act 1958; and

(b) any claim relating to—

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

(ii) semiconductor topography rights; or

(iii) plant varieties.

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

(a) the Patents Court; or

(b) the Intellectual Property Enterprise Court.

I PATENTS AND REGISTERED DESIGNS

Scope of Section I

63.3

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

Specialist list

63.4

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

Starting the claim

63.5

Claims to which this Section applies must be started—

(a) by a Part 7 claim form; or

(b) in existing proceedings under Part 20.

Defence and reply

63.6

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

Case management

63.7

Part 15 applies with the modification—

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

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

(i) file any reply to a defence; and

(ii) serve it on all other parties,

within 21 days of service of the defence.

Disclosure and inspection

63.8

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

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

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

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

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

Claim for infringement and challenge of validity

63.9

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

Application to amend a patent specification in existing proceedings

63.10

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

(2) The application notice must—

(a) give particulars of—

(i) the proposed amendment sought; and

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

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

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

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

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

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

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

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

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

Court’s determination of question or application

63.11

(1) This rule applies where the Comptroller—

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

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

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

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

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

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

Application by employee for compensation

63.12

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

(a) in a claim form; and

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

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

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

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

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

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

II REGISTERED TRADE MARKS AND OTHER INTELLECTUAL PROPERTY RIGHTS

Allocation

63.13

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

(a) the Chancery Division;

(b) the Intellectual Property Enterprise Court; or

(c) save as set out in Practice Direction 63, a County Court hearing centre where there is also a Chancery District Registry.

Claims under the 1994 Act

63.14

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

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

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

(i) the United Kingdom Patent Office...

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

provided the address is within the United Kingdom; or

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

(i) the United Kingdom Patent Office...

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

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

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

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

Claim for infringement of registered trade mark

63.15

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

(a) may take part in proceedings; and

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

III SERVICE

Service

63.16

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

(2) Appeals about patents and registered designs must be made to the Patents Court, and other appeals to the Chancery Division.

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

IV APPEALS

Appeals from the Comptroller

63.17

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

I FIXED COSTS

Scope of this Section

Amount of fixed commencement costs

When defendant only liable for fixed commencement costs

Costs on entry of judgment

Miscellaneous fixed costs

Fixed enforcement costs

II ROAD TRAFFIC ACCIDENTS—FIXED RECOVERABLE COSTS ...

Scope and interpretation

45.7

(1) Subject to paragraphs (2) and (3), if in any case to which Section VI or Section VII of this Part applies—

(a) the defendant brings a counterclaim; and

(b) the court makes an order for costs,

rules 45.5, 45.6, 45.9, 45.10, 45.11, 45.12, 45.13, 45.43, 45.45, 45.46, 45.49 and 45.50 shall apply as if the counterclaim were a claim.

(2) No costs are allowable under this rule where the only remedy sought by the counterclaimant is also a defence to the claim.

(3) Where in a claim to which the RTA Protocol applies, there is a counterclaim which does not include a claim for personal injuries, any order for costs shall be for a sum equivalent to one half of the applicable Type A and Type B costs in Table 10.

Application of fixed recoverable costs

45.8

Where, in any claim to which Section VI, Section VII or Section VIII of this Part applies, the court makes an order for the costs of a pre-action or interim application, the costs which a party may be allowed are those set out in Table 1, together with any appropriate court fee.

Amount of fixed recoverable costs

45.9

(1) The court may consider a claim for an amount of costs (excluding disbursements) which is greater than the fixed recoverable costs referred to in Section VI, Section VII or Section VIII of this Part where there are exceptional circumstances making it appropriate to do so.

(2) If the criteria in paragraph (1) are met, the court may—

(a) summarily assess the costs; or

(b) make an order for the costs to be subject to detailed assessment.

Disbursements

45.10

(1) The court may consider a claim for an amount of costs (excluding disbursements) which is greater than the fixed recoverable costs referred to in Section VI, Section VII or Section VIII of this Part where—

(a) a party or witness for the party is vulnerable;

(b) that vulnerability has required additional work to be undertaken; and

(c) by reason of that additional work alone, the claim is for an amount that is at least 20% greater than the amount of fixed recoverable costs.

(Rule 1.6 and Practice Direction 1A make provision for how the court is to give effect to the overriding objective in relation to vulnerable parties or witnesses).

(2) If the criteria in paragraph (1) are met, the court may—

(a) summarily assess the costs; or

(b) make an order for the costs to be subject to detailed assessment.

Success fee

45.11

(1) This rule applies where—

(a) costs are assessed in accordance with rule 45.9(2) or 45.10(2); and

(b) the court assesses the costs (excluding any VAT) as being an amount which is in a sum less than 20% greater than the amount of the fixed recoverable costs.

(2) The court shall make an order for the party who made the claim to be paid the lesser of—

(a) the fixed recoverable costs; and

(b) the assessed costs.

Claims for an amount of costs exceeding fixed recoverable costs

45.12

(1) If the criteria in rule 45.9(1) or rule 45.10(1) are not met, the court may make an order for the fixed recoverable costs and any permitted disbursements only.

(2) Where—

(a) the court makes an order for costs in accordance with paragraph (1); or

(b) rule 45.11 applies,

the court may decide—

(i) to make no order as to the costs of the costs-only proceedings or detailed assessment; or

(ii) to make an order for some or all of such costs to be paid by the party making the claim.

Failure to achieve costs greater than fixed recoverable costs

45.13

(1) Where, in a claim to which Section VI, Section VII or Section VIII of this Part applies, an order for costs is made in favour of a party whom the court considers has behaved unreasonably, the other party may apply for an order that those costs be reduced by an amount equivalent to 50% of the fixed recoverable costs which would otherwise be payable.

(2) Where, in a claim to which Section VI, Section VII or Section VIII of this Part applies, an order for costs is made against a party whom the court considers has behaved unreasonably, the other party may apply for an order that those costs be increased by an amount equivalent to 50% of the fixed recoverable costs which would otherwise be payable.

(3) In this rule—

(a) unreasonable behaviour is conduct for which there is no reasonable explanation; and

(b) “fixed recoverable costs which would otherwise be payable” does not include—

(i) VAT;

(ii) any additional amounts under rules 36.17 or 36.24; or

(iii) any disbursements.

Costs of the costs-only proceedings

45.14

(1) Where—

(a) the court reallocates a claim to a different track; and

(b) before or upon reallocation, the claim is one to which Section VI, Section VII or Section VIII of this Part applies,

the costs which may be allowed are those applicable to the track to which the claim is reallocated,as if the claim been allocated to that track at the outset.

(2) Where, in any claim to which Section VI or Section VII of this Part applies, the court reassigns a claim to a different complexity band, the costs which may be allowed are those applicable to the complexity band to which the claim is reassigned,as if the claim been assigned to that band at the outset.

(3) Where in any claim to which this rule applies, the court makes an order for the costs of an application to—

(a) reallocate the claim to a different track; or

(b) reconsider the complexity band to which a claim is assigned,

that application shall be treated as an interim application and the costs which a party may be allowed are those set out in Table 1, together with any appropriate court fee.

SECTION III PROVISIONS ABOUT REOPENING APPEALS

Section III—Provisions about reopening appeals

Reopening of final appeals

52.17

An appeal notice may not be amended without the permission of the appeal court.

I. Drug Trafficking Act 1994 and Criminal Justice (International Co-operation) Act 1990

Interpretation

Assignment of proceedings

Title of proceedings

Application for confiscation order

Application for restraint order or charging order

Restraint order and charging order

Discharge or variation of order

Further application by prosecutor

Realisation of property

Receivers

Certificate of inadequacy

Certificate under section 16

Compensation

Disclosure of information

Compensation for, discharge and variation of confiscation order

Exercise of powers under sections 37 and 40

Application for registration

Evidence in support of application under section 37

Evidence in support of application under section 40 (1)

Register of orders

Notice of registration

Application to vary or set aside registration

Enforcement of order

Variation, satisfaction and discharge of registered order

Rules to have effect subject to Orders in Council

Criminal Justice (International Co-operation) Act 1990: external forfeiture orders

II. Part VI of the Criminal Justice Act 1988

Interpretation

Application of Part I of Order 115

III: TERRORISM ACT 2000

Interpretation

Assignment of proceedings

Application for restraint order

Restraint order

Discharge or variation of order

Compensation

Application for registration

Evidence in support of application

Register of orders

Notice of registration

Application to vary or set aside registration

Enforcement of order

Variation and cancellation of registration of a British Islands order

Part IV International Criminal Court Act 2001: fines, forfeitures and reparation orders

Interpretation

37

In this Part of this Order—

(a) “the Act” means the International Criminal Court Act 2001;

(b) “the ICC” means the International Criminal Court;

(i) a fine or forfeiture ordered by the ICC; or

(ii) an order by the ICC against a person convicted by the ICC specifying a reparation to, or in respect of, a victim.

Registration of ICC orders for enforcement

38

(1) An application to the High Court to register an order of the ICC for enforcement, or to vary or set aside the registration of an order, may be made to a judge or a Master of the King's Bench Division.

(2) Rule 13 and rules 15 to 20 in Part I of this Order shall, with such modifications as are necessary and subject to the provisions of any regulations made under section 49 of the Act, apply to the registration for enforcement of an order of the ICC as they apply to the registration of an external confiscation order.

Scope and interpretation

III TAKING OF EVIDENCE—MEMBER STATES OF THE EUROPEAN UNION

Interpretation

34.22

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

Where a person to be examined is in another Regulation State

34.23

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

Evidence for courts of other Regulation States

34.24

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

Electronic issue of claims

7.12

(1) A practice direction may permit or require a claimant to start a claim by requesting the issue of a claim form electronically.

(2) The practice direction may, in particular—

(a) specify—

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

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

(b) specify—

(i) the court where the claim will be issued; and

(ii) the circumstances in which the claim will be transferred to another court;

(d) specify the requirements that must be fulfilled for any document filed electronically; and

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

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

Letter of request – Proceeds of Crime Act 2002

34.13A

(1) This rule applies where a party to existing or contemplated proceedings in—

(a) the High Court; or

(b) a magistrates' court,

under Part 5 of the Proceeds of Crime Act 2002 (civil recovery of the proceeds etc. of unlawful conduct) wishes to take a deposition from a person who is out of the jurisdiction.

(2) The High Court may, on the application of such a party, order the issue of a letter of request to the judicial authorities of the country in which the proposed deponent is.

(3) Paragraphs (4) to (7) of rule 34.13 shall apply irrespective of where the proposed deponent is....

Fees and expenses of examiner of the court

Examiners of the court

Claim for infringement and challenge to validity

Interpretation

Rule 1A

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

Enforcement of judgment, etc., for payment of money

Notice of seizure

Enforcement of judgment for possession of land

Enforcement of judgment for delivery of goods

Enforcement of judgment to do or abstain from doing any act

Judgment, etc. requiring act to be done: order fixing time for doing it

Service of copy of judgment, etc., prerequisite to enforcement under r.5

Court may order act to be done at expense of disobedient party

Execution by or against person not being a party

Conditional judgment: waiver

Matters occurring after judgment: stay of execution, etc.

Forms of writs

Enforcement of judgments and orders for recovery of money, etc.

Enforcement of decisions of Value Added Tax Tribunals

Warrant for arrest

Rule 7A

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

Discharge of person committed

Saving for other powers

Transfer of EC Competition Law claims

Supply of documents to Attorney-General from court records

5.4A

(1) The Attorney-General may search for, inspect and take a copy of any documents within a court file for the purpose of preparing an application or considering whether to make an application under section 42 of the Supreme Court Act 1981 or section 33 of the Employment Tribunals Act 1996 (restriction of vexatious proceedings).

(2) The Attorney-General must, when exercising the right under paragraph (1)—

(a) pay any prescribed fee; and

(b) file a written request, which must—

(i) confirm that the request is for the purpose of preparing an application or considering whether to make an application mentioned in paragraph (1); and

(ii) name the person who would be the subject of the application.

Filing and sending documents

Transfer of competition law claims

III—FIXED PERCENTAGE INCREASE IN ROAD TRAFFIC ACCIDENT CLAIMS

Scope and interpretation

45.15

In a case to which Section VI, Section VII or Section VIII of this Part applies

(a) where a Part 36 offer is accepted, rule 36.23 applies instead of the relevant Section; and

(b) where upon judgment being entered, the claimant fails to obtain a judgment more advantageous than the defendant’s Part 36 offer, rule 36.24 apples instead of the relevant Section.

Percentage increase of solicitors' fees

45.16

(1) In any case to which this Section applies, unless the court orders otherwise, the only costs allowed in respect of a legal representative’s charges are those specified in this Section.

(2) This Section applies where—

(a) the only claim is a claim for a specified sum of money where the value of the claim exceeds £25 and—

(i) judgment in default is obtained under rule 12.4(1);

(ii) judgment on admission is obtained under rule 14.2(5);

(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iv) summary judgment is given under Part 24;

(v) the court has made an order to strike out a defence under rule 3.4(2)(a) as disclosing no reasonable grounds for defending the claim; or

(vi) rule 45.19 applies;

(b) the only claim is a claim where the court gave a fixed date for the hearing when it issued the claim and judgment is given for the delivery of goods, and the value of the claim exceeds £25;

(c) the claim is for the recovery of land, including a possession claim or recovery of a dwelling including a Renting Homes possession claim under Part 55, whether or not the claim includes a claim for a sum of money and the defendant gives up possession, pays the amount claimed, if any, and the fixed commencement costs stated in the claim form;

(d) the claim is for the recovery of land, including a possession claim or recovery of a dwelling including a Renting Homes possession claim under Part 55, where one of the grounds for possession is arrears of rent, for which the court gave a fixed date for the hearing when it issued the claim and judgment is given for the possession (whether or not the order for possession is suspended on terms) and the defendant—

(i) has neither delivered a defence, or counterclaim, nor otherwise denied liability; or

(ii) has delivered a defence which is limited to specifying his proposals for the payment of arrears of rent;

(e) the claim is a possession claim under Section II of Part 55 (accelerated possession claims of land let on an assured shorthold tenancy) or a claim under Section V of Part 55 (Renting Homes Wales – accelerated possession claims of dwellings let on a standard contract) and a possession order is made where the defendant has neither delivered a defence, or counterclaim, nor otherwise denied liability;

(f) the claim is a demotion claim or prohibited conduct standard contract order claim under Section III of Part 65 or a demotion claim or prohibited conduct standard contract order claim is made in the same claim form in which a claim for possession is made under Part 55 and that demotion claim or prohibited conduct standard contract order claim is successful;

(g) a judgment creditor has taken steps under Parts 70 to 73 to enforce a judgment or order; or

(h) costs are ordered under rule 27.14(2)(a).

(Practice Direction 49C sets out the types of case where a court will give a fixed date for a hearing when it issues a claim.)

(3) No sum in respect of legal representatives’ charges shall be allowed where the only claim is for a sum of money or goods not exceeding £25.

(4) Any appropriate court fee shall be allowed in addition to the costs set out in this Section.

(5) The claim form may include a claim for fixed commencement costs.

Percentage increase of counsel’s fees

45.17

(1) In a claim to which rule 45.16(2)(a) or (b) applies, where the claim form includes a claim for fixed commencement costs—

(a) the amount of fixed commencement costs is set out in Table 2; and

(b) the amount claimed, or the value of the goods claimed if specified, in the claim form is to be used in determining the band in Table 2 that applies to the claim.

(2) The amounts shown in Table 6 are to be allowed in addition, if applicable.

Application for an alternative percentage increase where the fixed increase is 12.5%

45.18

Where—

(a) the only claim is for a specified sum of money; and

(b) the defendant pays the money claimed within 14 days after being served with the particulars of claim, together with the fixed commencement costs stated in the claim form,

the defendant is not liable for any further costs unless the court orders otherwise.

Assessment of alternative percentage increase

45.19

Where—

(a) the claimant has claimed fixed commencement costs under rule 45.17; and

(b) judgment is entered in a claim to which rule 45.16(2)(a) or (b) applies in the circumstances specified in Table 3,

the amount to be included in the judgment for the claimant’s legal representative’s charges is the total of—

(i) the fixed commencement costs; and

(ii) the relevant amount shown in Table 3.

Claims for a new tenancy under section 24 and for the termination of a tenancy under section 29(2) of the Landlord and Tenant Act 1954

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;

(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(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;

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

Demotion 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

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

65.14

(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.

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

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

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.

Power of the court to make civil restraint orders

3.11

(1) A “civil proceedings order” and an “all proceedings order” under section 42(1A) of the Senior Courts Act 1981 shall include provision for applying to begin, continue or make any application in any civil proceedings.

(2) A practice direction may set out—

(a) the circumstances in which the court has the power to make a civil restraint order against a party to proceedings;

(b) the procedure where a party applies for a civil restraint order against another party; and

Supply of documents from court records – general

Dismissal of totally without merit applications

23.12

If the court dismisses an application (including an application for permission to appeal or for permission to apply for judicial review) and it considers that the application is totally without merit—

(a) the court’s order must record that fact; and

(b) the court must at the same time consider whether it is appropriate to make a civil restraint order.

IV – FIXED PERCENTAGE INCREASE IN EMPLOYERS LIABILITY CLAIMS

Scope and interpretation

45.20

(1) The amount of fixed commencement costs in a claim to which rule 45.16(2)(c), (d) or (f) applies is set out in Table 4.

(2) The amounts shown in Table 6 are to be allowed in addition, if applicable.

Percentage increase of solicitors' and counsel’s fees

45.21

Table 5 sets out the amounts to be allowed in respect of a legal representative’s charges in the circumstances mentioned.

Alternative percentage increase

45.22

Table 6 shows the amount to be allowed in respect of legal representative’s charges in the circumstances mentioned.

PART 76 — PROCEEDINGS UNDER THE PREVENTION OF TERRORISM ACT 2005

1 APPLICATION OF THIS PART
Scope and interpretation	76.1
Modification to the overriding objective	76.2
2 APPLICATIONS TO THE HIGH COURT RELATING TO DEROGATING CONTROL ORDERS
Scope of this section	76.3
Applications for the making of a derogating control order	76.4
Directions for a full hearing on notice	76.5
Applications on notice	76.6
3 PERMISSION APPLICATIONS, REFERENCES AND APPEALS TO THE HIGH COURT RELATING TO NON-DEROGATING CONTROL ORDERS
Scope of this section	76.7
Application for permission to make non-derogating control order	76.8
References under section 3(3) of the Act	76.9
Directions for hearing on application for permission or on a reference	76.10
Appeals under section 10 of the Act	76.11
Modification of Part 52 (appeals)	76.12
Notice of appeal	76.13
Time limit for appealing	76.14
Secretary of State’s reply	76.15
4 APPEALS TO THE COURT OF APPEAL
Modification of Part 52 (appeals)	76.16
5 GENERAL PROVISIONS
Scope of this section	76.17
Address for issuing proceedings in the High Court	76.18
Applications for anonymity	76.19
Notification of hearing	76.20
Hearings	76.21
Hearings in private	76.22
Appointment of a special advocate	76.23
Functions of special advocate	76.24
Special advocate: communicating about proceedings	76.25
Modification of the general rules of evidence and disclosure	76.26
Filing and service of relevant material	76.27
Closed material	76.28
Consideration of Secretary of State’s objection	76.29
Order of filing and serving material and written submissions	76.30
Failure to comply with directions	76.31
Judgments	76.32
Application by Secretary of State for reconsideration of decision	76.33
Supply of court documents	76.34

SECTION 1 — Application of this Part

Scope and interpretation

76.1

(1) This Part contains rules about—

(a) control order proceedings in the High Court; and

(b) appeals to the Court of Appeal against an order of the High Court in such proceedings.

(2) In the case of proceedings brought by virtue of section 11(2) of the Act, the rules in this Part shall apply with any modification which the court considers necessary.

(3) In this Part—

(a) “the Act” means the Prevention of Terrorism Act 2005;

(b) “closed material” means any relevant material that the Secretary of State objects to disclosing to a relevant party;

(d) “controlled person”, has the same meaning as in section 15(1) of the Act;

(e) “legal representative” is to be construed in accordance with paragraph 11 of the Schedule to the Act;

(f) “open material” means any relevant material that the Secretary of State does not object to disclosing to a relevant party;

(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h) “relevant material” has the same meaning as in paragraph 4(5) of the Schedule to the Act;

(i) “relevant party” has the same meaning as in paragraph 11 of the Schedule to the Act;

(j) “special advocate” means a person appointed under paragraph 7 of the Schedule to the Act.

(4) For the purposes of this Part, disclosure is contrary to the public interest if it is made contrary to the interests of national security, the international relations of the United Kingdom, the detection and prevention of crime, or in any other circumstances where disclosure is likely to harm the public interest.

Modification to the overriding objective

76.2

(1) Where this Part applies, the overriding objective in Part 1, and so far as relevant any other rule, must be read and given effect in a way which is compatible with the duty set out in paragraph (2).

(2) The court must ensure that information is not disclosed contrary to the public interest.

(3) Subject to paragraph (2), the court must satisfy itself that the material available to it enables it properly to determine proceedings.

SECTION 2 — Applications to the High Court relating to derogating control orders

Scope of this section

76.3

(1) This section of this Part contains rules about applications relating to derogating control orders.

(2) Part 23 does not apply to an application made under this section of this Part.

Applications for the making of a derogating control order

76.4

An application for the making of a derogating control order under section 4(1) of the Act must be made by the Secretary of State by filing with the court—

(a) a statement of reasons to support the application for—

(i) making such an order, and

(ii) imposing each of the obligations to be imposed by that order;

(b) all relevant material;

(d) a draft of the order sought.

Directions for a full hearing on notice

76.5

(1) When the court makes a derogating control order under section 4(3) of the Act it must—

(a) immediately fix a date, time and place for a further hearing at which the controlled person, his legal representative and a special advocate (if one has been appointed) can be present; and

(b) unless the court otherwise directs, that date must be no later than 7 days from the date that the order is made.

(2) At the hearing referred to in paragraph (1)(a) the court must give directions—

(a) for the holding of a full hearing under section 4(1)(b) of the Act to determine whether to confirm the control order (with or without modifications) or to revoke it; and

(b) specifying the date and time by which the parties and special advocate must file and serve any written evidence or written submissions in accordance with rule 76.30.

(3) When giving directions under paragraph (2), the court must have regard to the need to expedite the full hearing.

Applications on notice

76.6

(1) An application under section 4(9) for the renewal, or under section 7(4) of the Act, for the revocation of a control order or for the modification of obligations imposed by such an order, must be made in accordance with this rule.

(2) An application by the Secretary of State must be made by—

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