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The Civil Procedure Rules 1998

Type Statutory-Instrument

Publication 1998-12-10

Last updated 2026-04-06

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(a) filing with the court—

(i) a statement of reasons to support the application,

(ii) all relevant material,

(iii) any written submissions, and

(iv) a draft of the order sought; and

(b) serving on the controlled person or his legal representative any open material.

(3) An application by the controlled person must be made by filing with the court and serving on the Secretary of State—

(a) a statement of reasons to support the application;

(b) any written evidence upon which he relies;

(d) where appropriate, a draft of the order sought.

(4) If the controlled person wishes to oppose an application made under this rule, he must as soon as practicable file with the court, and serve on the Secretary of State, any written evidence and any written submissions upon which he relies.

(5) If the Secretary of State wishes to oppose an application made under this rule, he must as soon as practicable—

(a) file with the court—

(i) all relevant material, and

(ii) any written submissions; and

(b) serve on the controlled person any open material.

SECTION 3 — Permission applications, references and appeals to the High Court relating to non-derogating control orders

Scope of this section

76.7

This section of this Part contains rules about—

(a) applications under section 3(1)(a) of the Act (application for permission to make a non-derogating control order);

(b) references under section 3(3) of the Act (reference of a non-derogating control order made without permission); and

Application for permission to make non-derogating control order

76.8

An application under section 3(1)(a) for permission to make a non-derogating control order must be made by the Secretary of State by filing with the court—

(a) a statement of reasons to support the application;

(b) all relevant material;

(d) the proposed control order.

References under section 3(3) of the Act

76.9

(1) This rule applies where the Secretary of State makes a reference under section 3(3) of the Act (reference of a non-derogating control order).

(2) The Secretary of State must promptly file with the court—

(a) a statement of the reasons for—

(i) making the control order,

(ii) imposing the obligations imposed by that order;

(b) all relevant material; and

Directions for hearing on application for permission or on a reference

76.10

(1) This rule applies where the court gives directions under section 3(2)(c) or (6)(b) or (c) of the Act.

(2) The court must immediately—

(a) 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—

(i) in the case of directions given under section 3(2)(c), that date must be no later than 7 days from the date on which the notice of the terms of the control order is delivered to the controlled person in accordance with section 7(8) of the Act; or

(ii) in the case of directions given under section 3(6)(b) or (c), that date must be 7 days from the date on which the court’s determination on the reference is made.

(3) At the hearing referred to in paragraph (2), the court must give directions—

(a) for a hearing under section 3(10); 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.

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

Appeals under section 10 of the Act

76.11

This rule and rules 76.12 to 76.15 apply to an appeal under section 10 of the Act (appeals relating to a non-derogating control order).

Modification of Part 52 (appeals)

76.12

(1) Part 52 (appeals) applies to an appeal under section 10 of the Act, subject to—

(a) rule 76.2;

(b) the rules in section 5 of this Part; and

(2) The following rules do not apply to appeals under section 10 of the Act—

(a) rules 52.3, 52.4 and 52.6 (permission);

(b) 52.12 (appellant’s notice);

(d) rule 52.21 (hearing of appeals).

(3) Rule 52.2 (all parties to comply with Practice Directions 52A to 52E) apply, but the parties shall not be required to comply with paragraphs 5.1 to 5.3 of Practice Direction 52A and paragraphs 6.3 to 6.6 of Practice Direction 52B.

Notice of appeal

76.13

(1) The controlled person must give notice of appeal by—

(a) filing it with the court; and

(b) serving a copy of the notice and any accompanying documents on the Secretary of State.

(2) The notice of appeal must—

(a) set out the grounds of the appeal; and

(b) state the name and address of-

(i) the controlled person, and

(ii) any legal representative of that person.

(3) A notice of appeal may include an application for an order under rule 76.19 requiring anonymity.

(4) The notice of appeal must be filed with—

(a) a copy of the order that is the subject of the appeal;

(b) a copy of the Secretary of State’s decision on an application for the revocation of the control order, or for the modification of an obligation imposed by such an order.

Time limit for appealing

76.14

(1) Subject to paragraph (2), the controlled person must give notice of appeal no later than 28 days after receiving ...—

(a) the notice setting out the terms of the order, renewal or modification that is the subject of the appeal; or

(b) notice of the decision by the Secretary of State on an application for the revocation of the control order, or for the modification of an obligation imposed by such an order.

(2) In a case where the Secretary of State has failed to determine an application for the revocation of the control order, or for the modification of an obligation imposed by such an order, the controlled person must file the notice of appeal—

(a) no earlier than 28 days; and

(b) no later than 42 days;

after the date the application was made.

Secretary of State’s reply

76.15

If the Secretary of State wishes to oppose an appeal made under section 10 of the Act, he must no later than 14 days after he is served with the notice of appeal—

(a) file with the court—

(i) all relevant material, and

(ii) any written submissions; and

(b) serve on the controlled person any open material.

SECTION 4 — Appeals to the Court of Appeal

Modification of Part 52 (appeals)

76.16

(1) Part 52 (appeals) applies to an appeal to the Court of Appeal against an order of the High Court in control order proceedings, subject to—

(a) rule 76.2;

(b) the rules in section 5 of this Part; and

(2) The following rules do not apply to appeals to the Court of Appeal—

(a) rule 52.12 (appellant’s notice); and

(b) rule 52.13 (respondent’s notice); but

the provisions of rules 76.13 and 76.15 shall apply with appropriate modifications.

(3) Rule 52.2 (all parties to comply with Practice Directions 52A to 52E) apply, but the parties shall not be required to comply with paragraphs 6.3 to 6.6 of Practice Direction 52B and paragraph 28 of Practice Direction 52C.

SECTION 5 — General provisions

Scope of this section

76.17

This section of this Part applies to—

(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.

Address for issuing proceedings in the High Court

76.18

Any control order proceedings must be issued at the Administrative Court Office, Room C315, Royal Courts of Justice, Strand, London, WC2A 2LL.

Applications for anonymity

76.19

(1) The controlled person or the Secretary of State may apply for an order requiring the anonymity of the controlled person.

(2) An application under paragraph (1) may be made at any time, irrespective of whether any control order proceedings have been commenced.

(3) An application may be made without notice to the other party.

(4) References in this rule—

(a) to an order requiring anonymity for the controlled person are to be construed in accordance with paragraph 5(3) of the Schedule to the Act; and

(b) to the controlled person, in relation to a time before the control order has been made, are to be construed in accordance with paragraph 5(4) of the Schedule to the Act.

Notification of hearing

76.20

Unless the court orders otherwise, it must serve notice of the date, time and place fixed for any hearing on—

(a) every party, whether or not entitled to attend that hearing; and

(b) if one has been appointed for the purposes of the hearing, the special advocate or those instructing him.

Hearings

76.21

(1) The following proceedings must be determined at a hearing—

(a) a hearing pursuant to directions given under section 4(1)(b) of the Act (derogating control orders);

(b) a hearing pursuant to directions given under sections 3(2)(c) or (6)(b) or (c) of the Act (non-derogating control orders);

(d) an appeal to the Court of Appeal from an order of the High Court made in any of the above proceedings; and

(e) a hearing under rule 76.29(2) (consideration of Secretary of State’s objection).

(2) Paragraph (1)(c) and (d) do not apply where—

(a) the appeal is withdrawn by the controlled person;

(b) the Secretary of State consents to the appeal being allowed; or

(c) the controlled person is outside the United Kingdom or it is impracticable to give him notice of a hearing and, in either case, he is unrepresented.

Hearings in private

76.22

(1) If the court considers it necessary for any relevant party and his legal representative to be excluded from a hearing or part of a hearing in order to secure that information is not disclosed contrary to the public interest, it must-

(a) direct accordingly; and

(b) conduct the hearing, or that part of it from which the relevant party and his legal representative are excluded, in private.

(2) The court may conduct a hearing or part of a hearing in private for any other good reason.

Appointment of a special advocate

76.23

(1) Subject to paragraph (2), the Secretary of State must immediately give notice of the proceedings to the Attorney General upon—

(a) making an application under section 4(1) of the Act (relating to a derogating control order);

(b) making an application under section 3(1)(a) of the Act (application for permission to make a non-derogating control order);

(c) making a reference under section 3(3) of the Act (reference of a non-derogating control order made without permission); or

(d) being served with a copy of any application, claim, or notice of appeal in proceedings to which this Part applies.

(2) Paragraph (1) applies unless—

(a) the Secretary of State does not intend to—

(i) oppose the appeal or application; or

(ii) withhold closed material from a relevant party; or

(b) a special advocate has already been appointed to represent the interests of the relevant party in the proceedings and that special advocate is not prevented from communicating with that party by virtue of rule 76.25.

(3) Where notice is given to the Attorney General under paragraph (1), the Attorney General may appoint a special advocate to represent the interests of the relevant party in the proceedings.

(4) Where any proceedings to which this Part apply are pending but no special advocate has been appointed, a relevant party or the Secretary of State may request the Attorney General to appoint a special advocate.

Functions of special advocate

76.24

The functions of a special advocate are to represent the interests of a relevant party by—

(a) making submissions to the court at any hearings from which the relevant party and his legal representatives are excluded;

(b) adducing evidence and cross-examining witnesses at any such hearings; and

Special advocate: communicating about proceedings

76.25

(1) The special advocate may communicate with the relevant party or his legal representative at any time before the Secretary of State serves closed material on him.

(2) After the Secretary of State serves closed material on the special advocate, the special advocate must not communicate with any person about any matter connected with the proceedings, except in accordance with paragraph (3) or a direction of the court pursuant to a request under paragraph (4).

(3) The special advocate may, without directions from the court, communicate about the proceedings with—

(a) the court;

(b) the Secretary of State, or any person acting for him;

(d) any other person, except for the relevant party or his legal representative, with whom it is necessary for administrative purposes for him to communicate about matters not connected with the substance of the proceedings.

(4) The special advocate may request directions from the court authorising him to communicate with the relevant party or his legal representative or with any other person.

(5) Where the special advocate makes a request for directions under paragraph (4)—

(a) the court must notify the Secretary of State of the request; and

(b) the Secretary of State must, within a period specified by the court, file with the court and serve on the special advocate notice of any objection which he has to the proposed communication, or to the form in which it is proposed to be made.

(6) Paragraph (2) does not prohibit the relevant party from communicating with the special advocate after the Secretary of State has served material on him as mentioned in paragraph (1), but—

(a) the relevant party may only communicate with the special advocate through a legal representative in writing; and

(b) the special advocate must not reply to the communication other than in accordance with directions of the court, except that he may without such directions send a written acknowledgment of receipt to the legal representative of the relevant party.

Modification of the general rules of evidence and disclosure

76.26

(1) Part 31 (disclosure and inspection of documents), Part 32 (evidence) and Part 33 (miscellaneous rules about evidence) do not apply to any proceedings to which this Part applies.

(2) Subject to the other rules in this Part, the evidence of a witness may be given either—

(a) orally, before the court; or

(b) in writing, in which case it shall be given in such manner and at such time as the court directs.

(3) The court may also receive evidence in documentary or any other form.

(4) The court may receive evidence that would not, but for this rule, be admissible in a court of law.

(5) Every party shall be entitled to adduce evidence and to cross-examine witnesses during any part of a hearing from which he and his legal representative are not excluded.

(5A) A special advocate shall be entitled to adduce evidence and to cross-examine witnesses.

(6) The court may require a witness to give evidence on oath.

Filing and service of relevant material

76.27

The Secretary of State is required to make a reasonable search for relevant material and to file and serve that material in accordance with the rules in this Part.

Closed material

76.28

(1) The Secretary of State—

(a) must apply to the court for permission to withhold closed material from a relevant party or his legal representative in accordance with this rule; and

(b) may not rely on closed material at a hearing on notice unless a special advocate has been appointed to represent the interests of the relevant party.

(2) The Secretary of State must file with the court and serve, at such time as the court directs, on the special advocate—

(a) the closed material;

(b) a statement of his reasons for withholding that material from the relevant party; and

(c) if he considers it possible to summarise that material without disclosing information contrary to the public interest, a summary of that material in a form which can be served on the relevant party.

(3) The Secretary of State may at any time amend or supplement material filed under this rule, but only with—

(a) the agreement of the special advocate; or

(b) the permission of the court.

Consideration of Secretary of State’s objection

76.29

(1) This rule applies where the Secretary of State has—

(a) objected under rule 76.25(5)(b) to a proposed communication by the special advocate or to the form in which it is proposed to be made; or

(b) applied under rule 76.28 for permission to withhold closed material.

(2) The court must fix a hearing for the Secretary of State and the special advocate to make oral representations, unless—

(a) the special advocate gives notice to the court that he does not challenge the objection or application;

(b) the court has previously considered—

(i) an objection under rule 76.25(5)(b) to the same or substantially the same communication, or

(ii) an application under rule 76.28(1) for permission to withhold the same or substantially the same material, and

is satisfied that it would be just to uphold that objection or to give permission without a hearing; orthe Secretary of State and the special advocate consent to the court deciding the issue without a hearing.

(3) If the special advocate does not challenge the objection or the application, he must give notice of that fact to the court and the Secretary of State within 14 days, or such other period as the court may direct, after the Secretary of State serves on him a notice under rule 76.25(5)(b) or material under rule 76.28(2).

(4) Where the court fixes a hearing under this rule, the Secretary of State and the special advocate must before the hearing file with the court a schedule identifying the issues which cannot be agreed between them, which must—

(a) list the items or issues in dispute;

(b) give brief reasons for their contentions on each; and

(5) A hearing under this rule shall take place in the absence of the relevant party and his legal representative.

(6) Where the court gives permission to the Secretary of State to withhold closed material, the court must—

(a) consider whether to direct the Secretary of State to serve a summary of that material on the relevant party or his legal representative; but

(b) ensure that no such summary contains information or other material the disclosure of which would be contrary to the public interest.

(7) Where the court has not given permission to the Secretary of State to withhold closed material from, or has directed the Secretary of State to serve a summary of that material on, a relevant party or his legal representative—

(a) the Secretary of State shall not be required to serve that material or summary; but

(b) if he does not do so, at a hearing on notice the court may—

(i) if it considers that the material or anything that is required to be summarised might be of assistance to the relevant party in relation to a matter under consideration by the court, direct that the matter be withdrawn from its consideration, and

(ii) in any other case, direct that the Secretary of State shall not rely in the proceedings on that material or (as the case may be) on what is required to be summarised.

(8) The court must give permission to the Secretary of State to withhold closed material where it considers that the disclosure of that material would be contrary to the public interest.

Order of filing and serving material and written submissions

76.30

Subject to any directions given by the court, the parties must file and serve any material and written submissions, and the special advocate must file and serve any written submissions, in the following order—

(a) the Secretary of State must file with the court all relevant material;

(b) the Secretary of State must serve on—

(i) the relevant party or his legal representative; and

(ii) the special advocate (as soon as one is appointed) or those instructing him,

any open material;

(c) the relevant party must file with the court and serve on the Secretary of State and special advocate (if one is appointed) or those instructing him any written evidence which he wishes the court to take into account at the hearing;

(d) the Secretary of State must file with the court any further relevant material;

(e) the Secretary of State must serve on—

(i) the relevant party or his legal representative, and

(ii) the special advocate (as soon as one is appointed) or those instructing him,

any open material filed with the court under paragraph (d);

(f) the Secretary of State must serve on the special advocate (if one has been appointed) any closed material;

(g) the parties and the special advocate (if one has been appointed) must file and serve any written submissions as directed by the court.

Failure to comply with directions

76.31

(1) Where a party or the special advocate fails to comply with a direction of the court, the court may serve on him a notice which states—

(a) the respect in which he has failed to comply with the direction;

(b) a time limit for complying with the direction; and

(c) that the court may proceed to determine the proceedings before it, on the material available to it, if the party or the special advocate fails to comply with the relevant direction within the time specified.

(2) Where a party or special advocate fails to comply with such a notice, the court may proceed in accordance with paragraph (1)(c).

Judgments

76.32

(1) When the court gives judgment in any proceedings to which this Part applies, it may withhold any or part of its reasons if and to the extent that it is not possible to give reasons without disclosing information contrary to the public interest.

(2) Where the judgment of the court does not include the full reasons for its decision, the court must serve on the Secretary of State and the special advocate a separate written judgment including those reasons.

Application by Secretary of State for reconsideration of decision

76.33

(1) This rule applies where the court proposes, in any proceedings to which this Part applies, to serve notice on a relevant party of any—

(a) order or direction made or given in the absence of the Secretary of State; or

(b) any judgment.

(2) Before the court serves any such notice on the relevant party, it must first serve notice on the Secretary of State of its intention to do so.

(3) The Secretary of State may, within 5 days of being served with notice under paragraph (2), apply to the court to reconsider the terms of the order or direction or to review the terms of the proposed judgment if he considers that—

(a) his compliance with the order or direction; or

(b) the notification to the relevant party of any matter contained in the judgment, order or direction;

would cause information to be disclosed contrary to the public interest.

(4) Where the Secretary of State makes an application under paragraph (3), he must at the same time serve on the special advocate, if one has been appointed—

(a) a copy of the application; and

(b) a copy of the notice served on the Secretary of State pursuant to paragraph (2).

(5) Rule 76.29 (except for paragraphs (6) and (7)) shall, if a special advocate has been appointed, apply with any necessary modifications to the consideration of an application under paragraph (3) of this rule.

(6) The court must not serve notice on the relevant party as mentioned in paragraph (1) before the time for the Secretary of State to make an application under paragraph (3) has expired.

Supply of court documents

76.34

Unless the court otherwise directs, rule 5.4 (Register of Claims), rule 5.4B (Supply of documents from court records – a party) and rule 5.4C (Supply of documents from court records – a non-party) do not apply to any proceedings to which this Part applies.

Personal injury claims for future pecuniary loss

36.2A

(1) This rule applies to a claim for damages for personal injury which is or includes a claim for future pecuniary loss.

(2) An offer to settle such a claim will not have the consequences set out in this Part unless it is made by way of a Part 36 offer under this rule, and where such an offer is or includes an offer to pay the whole or part of any damages in the form of a lump sum, it will not have the consequences set out in this Part unless a Part 36 payment of the amount of the lump sum offer is also made.

(3) Where both a Part 36 offer and a Part 36 payment are made under this rule—

(a) the offer must include details of the payment, and

(b) rules 36.11(1) and (2) and 36.13(1) and (2) apply as if there were only a Part 36 offer.

(4) A Part 36 offer to which this rule applies may contain an offer to pay, or an offer to accept—

(a) the whole or part of the damages for future pecuniary loss in the form of—

(i) either a lump sum or periodical payments, or

(ii) both a lump sum and periodical payments,

(b) the whole or part of any other damages in the form of a lump sum.

(5) A Part 36 offer to which this rule applies—

(a) must state the amount of any offer to pay the whole or part of any damages in the form of a lump sum;

(b) may state what part of the offer relates to damages for future pecuniary loss to be accepted in the form of a lump sum;

(c) may state, where part of the offer relates to other damages to be accepted in the form of a lump sum, what amounts are attributable to those other damages;

(d) must state what part of the offer relates to damages for future pecuniary loss to be paid or accepted in the form of periodical payments and must specify—

(i) the amount and duration of the periodical payments,

(ii) the amount of any payments for substantial capital purchases and when they are to be made, and

(iii) that each amount is to vary by reference to the retail prices index (or to some other named index, or that it is not to vary by reference to any index); and

(e) must state either that any damages which take the form of periodical payments will be funded in a way which ensures that the continuity of payment is reasonably secure in accordance with section 2(4) of the Damages Act 1996 or how such damages are to be paid and how the continuity of their payment is to be secured.

(6) Where a Part 36 payment includes a lump sum for damages for future pecuniary loss, the Part 36 payment notice may state the amount of that lump sum.

(7) Where the defendant makes a Part 36 offer to which this rule applies and which offers to pay damages in the form of both a lump sum and periodical payments, the claimant may only give notice of acceptance of the offer as a whole.

A defendant’s offer to settle a money claim requires a Part 36 payment

Defendant’s offer to settle the whole of a claim which includes both a money claim and a non-money claim

Form and content of a Part 36 offer

Notice of a Part 36 payment

Offer to settle a claim for provisional damages

Time when a Part 36 offer or a Part 36 payment is made and accepted

Clarification of a Part 36 offer or a Part 36 payment notice

Court to take into account offer to settle made before commencement of proceedings

Time for acceptance of a defendant’s Part 36 offer or Part 36 payment

Time for acceptance of a claimant’s Part 36 offer

Costs consequences of acceptance of a defendant’s Part 36 offer or Part 36 payment

Costs consequences of acceptance of a claimant’s Part 36 offer

The effect of acceptance of a Part 36 offer or a Part 36 payment

Payment out of a sum in court on the acceptance of a Part 36 payment

Acceptance of a Part 36 offer or a Part 36 payment made by one or more, but not all, defendants

Other cases where a court order is required to enable acceptance of a Part 36 offer or a Part 36 payment

Restriction on disclosure of a Part 36 offer or a Part 36 payment

Costs consequences where claimant fails to do better than a Part 36 offer or a Part 36 payment

Costs and other consequences where claimant does better than he proposed in his Part 36 offer

Interest

Deduction of benefits

I – PROCEEDINGS TO WHICH SECTION 32A OF THE SUPREME COURT ACT 1981 OR SECTION 51 OF THE COUNTY COURTS ACT 1984 APPLIES

Application and definitions

Order for an award of provisional damages

Application for further damages

II – PERIODICAL PAYMENTS UNDER THE DAMAGES ACT 1996

Scope and interpretation

41.4

(1) This Section of this Part contains rules about the exercise of the court’s powers under section 2(1) of the 1996 Act to order that all or part of an award of damages in respect of personal injury is to take the form of periodical payments.

(2) In this Section—

(a) “the 1996 Act” means the Damages Act 1996;

(b) “damages” means damages for future pecuniary loss; and

Statement of case

41.5

(1) In a claim for damages for personal injury, each party in its statement of case may state whether it considers periodical payments or a lump sum is the more appropriate form for all or part of an award of damages and where such statement is given must provide relevant particulars of the circumstances which are relied on.

(2) Where a statement under paragraph (1) is not given, the court may order a party to make such a statement.

(3) Where the court considers that a statement of case contains insufficient particulars under paragraph (1), the court may order a party to provide such further particulars as it considers appropriate.

Court’s indication to parties

41.6

The court shall consider and indicate to the parties as soon as practicable whether periodical payments or a lump sum is likely to be the more appropriate form for all or part of an award of damages.

Factors to be taken into account

41.7

When considering—

(a) its indication as to whether periodical payments or a lump sum is likely to be the more appropriate form for all or part of an award of damages under rule 41.6; or

(b) whether to make an order under section 2(1)(a) of the 1996 Act,

the court shall have regard to all the circumstances of the case and in particular the form of award which best meets the claimant’s needs, having regard to the factors set out in Practice Direction 41B.

The award

41.8

(1) Where the court awards damages in the form of periodical payments, the order must specify—

(a) the annual amount awarded, how each payment is to be made during the year and at what intervals;

(b) the amount awarded for future—

(i) loss of earnings and other income; and

(ii) care and medical costs and other recurring or capital costs;

(c) that the claimant’s annual future pecuniary losses, as assessed by the court, are to be paid for the duration of the claimant’s life, or such other period as the court orders; and

(d) that the amount of the payments shall vary annually by reference to the retail prices index, unless the court orders otherwise under section 2(9) of the 1996 Act.

(2) Where the court orders that any part of the award shall continue after the claimant’s death, for the benefit of the claimant’s dependants, the order must also specify the relevant amount and duration of the payments and how each payment is to be made during the year and at what intervals.

(3) Where an amount awarded under paragraph (1)(b) is to increase or decrease on a certain date, the order must also specify—

(a) the date on which the increase or decrease will take effect; and

(b) the amount of the increase or decrease at current value.

(4) Where damages for substantial capital purchases are awarded under paragraph (1)(b)(ii), the order must also specify—

(a) the amount of the payments at current value;

(b) when the payments are to be made; and

(c) that the amount of the payments shall be adjusted by reference to the retail prices index, unless the court orders otherwise under section 2(9) of the 1996 Act.

Continuity of payment

41.9

(1) An order for periodical payments shall specify that the payments must be funded in accordance with section 2(4) of the 1996 Act, unless the court orders an alternative method of funding.

(2) Before ordering an alternative method of funding, the court must be satisfied that—

(a) the continuity of payment under the order is reasonably secure; and

(b) the criteria set out in Practice Direction 41B are met.

(3) An order under paragraph (2) must specify the alternative method of funding.

Assignment or charge

41.10

Where the court under section 2(6)(a) of the 1996 Act is satisfied that special circumstances make an assignment or charge of periodical payments necessary, it shall, in deciding whether or not to approve the assignment or charge, also have regard to the factors set out in Practice Direction 41B.

Amount of fixed commencement costs in a claim for the recovery of money or goods

Amount of fixed commencement costs in a claim for the recovery of land or a demotion claim

45.2A

(1) The amount of fixed commencement costs in a claim to which rule 45.1(2)(c), (d) or (f) applies shall be calculated by reference to Table 2.

(2) The amounts shown in Table 4 are to be allowed in addition, if applicable.

*FIXED COSTS ON COMMENCEMENT OF A CLAIM FOR THE RECOVERY OF MONEY OR GOODS*	*FIXED COSTS ON COMMENCEMENT OF A CLAIM FOR THE RECOVERY OF MONEY OR GOODS*	*FIXED COSTS ON COMMENCEMENT OF A CLAIM FOR THE RECOVERY OF MONEY OR GOODS*	*FIXED COSTS ON COMMENCEMENT OF A CLAIM FOR THE RECOVERY OF MONEY OR GOODS*
Relevant band	Where the claim form is served by the court or by any method other than personal service by the claimant	Where–the claim form is served personally by the claimant; andthere is only one defendant	Where there is more than one defendant, for each additional defendant personally served at separate addresses by the claimant
Where–the value of the claim exceeds £25 but does not exceed £500	£50	£60	£15
Where–the value of the claim exceeds £500 but does not exceed £1,000	£70	£80	£15
Where–the value of the claim exceeds £1,000 but does not exceed £5,000; orthe only claim is for delivery of goods and no value is specified or stated on the claim form	£80	£90	£15
Where–the value of the claim exceeds £5,000	£100	£110	£15
*FIXED COSTS ON COMMENCEMENT OF A CLAIM FOR THE RECOVERY OF LAND OR A DEMOTION CLAIM*	*FIXED COSTS ON COMMENCEMENT OF A CLAIM FOR THE RECOVERY OF LAND OR A DEMOTION CLAIM*	*FIXED COSTS ON COMMENCEMENT OF A CLAIM FOR THE RECOVERY OF LAND OR A DEMOTION CLAIM*
---	---	---
Where the claim form is served by the court or by any method other than personal service by the claimant	Where–the claim form is served personally by the claimant; andthere is only one defendant	Where there is more than one defendant, for each additional defendant personally served at separate addresses by the claimant
£69.50	£77.00	£15.00

When defendant only liable for fixed commencement costs

Costs on entry of judgment in a claim for the recovery of money or goods

Costs on entry of judgment in a claim for the recovery of land or a demotion claim

45.4A

(1) Where—

(a) the claimant has claimed fixed commencement costs under rule 45.2A; and

(b) judgment is entered in a claim to which rule 45.1(2)(d) or (f) applies, the amount to be included in the judgment for the claimant’s solicitor’s charges is the total of—

(i) the fixed commencement costs; and

(ii) the sum of £57.25.

(2) Where an order for possession is made in a claim to which rule 45.1(2)(e) applies, the amount allowed for the claimant’s solicitor’s charges for preparing and filing—

(a) the claim form;

(b) the documents that accompany the claim form; and

is £79.50.

*FIXED COSTS ON ENTRY OF JUDGMENT IN A CLAIM FOR THE RECOVERY OF MONEY OR GOODS*	*FIXED COSTS ON ENTRY OF JUDGMENT IN A CLAIM FOR THE RECOVERY OF MONEY OR GOODS*	*FIXED COSTS ON ENTRY OF JUDGMENT IN A CLAIM FOR THE RECOVERY OF MONEY OR GOODS*
	Where the amount of the judgment exceeds £25 but does not exceed £5,000	Where the amount of the judgment exceeds £5,000
Where judgment in default of an acknowledgment of service is entered under rule 12.4(1) (entry of judgment by request on claim for money only)	£22	£30
Where judgment in default of a defence is entered under rule 12.4(1) (entry of judgment by request on claim for money only)	£25	£35
Where judgment is entered under rule 14.4 (judgment on admission), or rule 14.5 (judgment on admission of part of claim) and claimant accepts the defendant’s proposal as to the manner of payment	£40	£55
Where judgment is entered under rule 14.4 (judgment on admission), or rule 14.5 (judgment on admission of part of claim) and court decides the date or time of payment	£55	£70
Where summary judgment is given under Part 24 or the court strikes out a defence under rule 3.4(2)(a), in either case, on application by a party	£175	£210
Where judgment is given on a claim for delivery of goods under a regulated agreement within the meaning of the Consumer Credit Act 1974 and no other entry in this table applies	£60	£85

Miscellaneous fixed costs

Fixed enforcement costs

Costs of the costs-only proceedings or the detailed assessment

PART 67 — PROCEEDINGS RELATING TO SOLICITORS

Scope and interpretation

67.1

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

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

(b) proceedings under Part III of the Solicitors Act 1974[^f00003] relating to the remuneration of solicitors (rule 67.3); and

(c) proceedings under Schedule 1 to the Solicitors Act 1974[^f00004] arising out of the Law Society’s intervention in a solicitor’s practice (rule 67.4).

(2) In this Part—

“the Act” means the Solicitors Act 1974; and

“LLP” means limited liability partnership.

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

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

Power to order solicitor to deliver cash account etc.

67.2

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

(a) to deliver a bill or cash account;

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

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

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

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

(a) by Part 8 claim form; or

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

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

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

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

Proceedings under Part III of the Act

67.3

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

(a) which—

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

(ii) is within the financial limit of the County Court’s jurisdiction specified in section 69(3) of the Act[^f00005],

may be made in the County Court;

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

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

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

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

(a) by Part 8 claim form; or

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

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

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

(a) a High Court judge;

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

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

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

(iii) non-contentious business.

Proceedings under Schedule 1 to the Act

67.4

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

(a) in the Chancery Division; and

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

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

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

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

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

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

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

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

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

...

SECTION III — ENVIRONMENTAL REVIEW UNDER THE ENVIRONMENT ACT 2021

Scope and interpretation

54.28

(1) The claim form must be filed not later than 6 months from the date by which a response to a decision notice was required under section 36(3) of the Environment Act 2021.

(2) The time limit in paragraph (1) may be extended, but only upon application to the court by the claimant and if the court is satisfied that it is reasonable to do so.

Application for review

54.29

(1) In addition to the matters set out in rule 8.2 (contents of the claim form) the claimant must also state—

(a) the name of the public authority, the defendant, against whom the claim for environmental review is brought;

(b) the name and address of any person the claimant considers to be an interested party; and

(2) The claim form must be accompanied by the documents required by Practice Direction 54E.

Application to extend time limit

54.30

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.

Procedure while filter provision has effect

54.31

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

(2) Any acknowledgment of service must be—

(a) filed not more than 35 days after service of the claim form; and

(b) served on—

(i) the claimant; and

(ii) subject to any direction under rule 54.30(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 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.

Procedure in fast track cases while filter provision does not have effect

54.32

(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 with the acknowledgement of service—

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

(b) any written evidence.

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

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

Determination of the application by the Administrative Court

54.33

(1) Where a person served with the claim form has failed to file an acknowledgment of service in accordance with rule 54.31 or to comply with 54.32, they may not take part in the hearing of the claim unless the court allows them to do so and they comply with rule 54.31 or any other direction of the court regarding the filing and service of—

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

(b) any written evidence.

(2) Where that person takes part in the hearing of the environmental review, the court may take their failure to file an acknowledgment of service into account when deciding whether an order as to costs should be made.

(3) Rule 8.4 does not apply.

Service of order

54.34

The court’s permission is required if the claimant seeks to rely on grounds other than those set out in the original claim.

Costs

54.35

Rules 54.10 and 54.16 – 54.20 shall apply to the environmental review procedure, except that—

(a) references to “permission to proceed” shall be disregarded; and

(b) the reference in rule 54.19 to “the decision to which the claim relates” shall be read as referring to “the matter to which the claim relates.

3.7A

(1) Except where rule 3.7AA applies, this rule applies to fees payable by the defendant where—

(a) a defendant files a counterclaim without—

(i) payment of the fee specified by the Civil Proceedings Fees Order 2008 (Fees Order 2008); or

(ii) making an application for full or part remission of the fee; or

(b) the proceedings continue on the counterclaim alone and—

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

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

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

(iv) the fee payable for a hearing specified by the Fees Order 2008 is not paid.

(2) The court will serve a notice on the defendant requiring payment of the fee specified in the Fees Order 2008 if, at the time the fee is due, the defendant has not paid it or made an application for full or part remission.

(3) The notice will specify the date by which the defendant must pay the fee.

(4) If the defendant does not—

(a) pay the fee; or

(b) make an application for full or part remission of the fee,

by the date specified in the notice, the counterclaim will automatically be struck out without further order of the court.

(5) Where an application for—

(a) full or part remission of a fee is refused, the court will serve notice on the defendant requiring payment of the full fee by the date specified in the notice; or

(b) part remission of a fee is granted, the court will serve notice on the defendant requiring payment of the balance of the fee by the date specified in the notice.

(6) If the defendant does not pay the fee by the date specified in the notice, the counterclaim will automatically be struck out without further order of the court.

(7) If—

(a) the defendant applies to have the counterclaim reinstated; and

(b) the court grants relief,

the relief will be conditional on the defendant either paying the fee or filing evidence of full or part remission of the fee within the period specified in paragraph (8).

(8) The period referred to in paragraph (7) is—

(a) if the order granting relief is made at a hearing at which the defendant is present or represented, 2 days from the date of the order;

(b) in any other case, 7 days from the date of service of the order on the defendant.

Sanctions for dishonouring cheque

3.7B

(1) This rule applies where any fee is paid by cheque and that cheque is subsequently dishonoured.

(2) The court will serve a notice on the paying party requiring payment of the fee which will specify the date by which the fee must be paid.

(3) If the fee is not paid by the date specified in the notice—

(a) where the fee is payable by the claimant, the claim will automatically be struck out without further order of the court;

(b) where the fee is payable by the defendant, the defence will automatically be struck out without further order of the court,

and the paying party shall be liable for the costs which any other party has incurred unless the court orders otherwise.

(Rule 44.9 provides for the basis of assessment where a right to costs arises under this rule)

(4) If—

(a) the paying party applies to have the claim or defence reinstated; and

(b) the court grants relief,

the relief shall be conditional on that party paying the fee within the period specified in paragraph (5).

(5) The period referred to in paragraph (4) is—

(a) if the order granting relief is made at a hearing at which the paying party is present or represented, 2 days from the date of the order;

(b) in any other case, 7 days from the date of service of the order on the paying party.

(6) For the purposes of this rule, “claimant” includes a claimant in a counterclaim or other additional claim and “claim form” includes a counterclaim or other additional claim.

Sanctions have effect unless defaulting party obtains relief

Relief from sanctions

General power of the court to rectify matters where there has been an error of procedure

Power of the court to make civil restraint orders

Notification of outcome of postal service by the court

Notice of non-service by bailiff

6.11A

Where—

(a) the court bailiff is to serve a document; and

(b) the bailiff is unable to serve it,

the court must send notification to the party who requested service.

Postal Services Act 2000 (c. 26)

19.7B

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

Death

Power to make judgments binding on non-parties

Derivative Claims

Expenses incurred by a litigation friend

21.11A

(1) In proceedings to which rule 21.11 applies, a litigation friend who incurs expenses on behalf of a child or patient in any proceedings is entitled to recover the amount paid or payable out of any money recovered or paid into court to the extent that it—

(a) has been reasonably incurred; and

(b) is reasonable in amount.

(2) Expenses may include all or part of—

(a) an insurance premium, as defined by rule 43.2(1)(m); or

(b) interest on a loan taken out to pay an insurance premium or other recoverable disbursement.

(3) No application may be made under this rule for expenses that—

(a) are of a type that may be recoverable on an assessment of costs payable by or out of money belonging to a child or patient; but

(b) are disallowed in whole or in part on such an assessment.

(Expenses which are also “costs” as defined in rule 43.2(1)(a) are dealt with under rule 48.5(2)).

(4) In deciding whether the expense was reasonably incurred and reasonable in amount, the court must have regard to all the circumstances of the case including the factors set out in rule 44.5(3).

(5) When the court is considering the factors to be taken into account in assessing the reasonableness of expenses incurred by the litigation friend on behalf of a child or patient, it will have regard to the facts and circumstances as they reasonably appeared to the litigation friend or child’s or patient’s legal representative when the expense was incurred.

(6) Where the claim is settled or compromised, or judgment is given, on terms that an amount not exceeding £5,000 is paid to the child or patient, the total amount the litigation friend may recover under paragraph (1) of this rule shall not exceed 25% of the sum so agreed or awarded, unless the Court directs otherwise. Such total amount shall not exceed 50% of the sum so agreed or awarded.

Appointment of guardian of child’s estate

Notarial acts and instruments

32.20

A notarial act or instrument may be received in evidence without further proof as duly authenticated in accordance with the requirements of law unless the contrary is proved.

V FIXED RECOVERABLE SUCCESS FEES IN EMPLOYER'S LIABILITY DISEASE CLAIMS

Scope and Interpretation

45.23

Table 7 shows the amount to be allowed in respect of legal representatives’ costs in the circumstances mentioned. The amounts shown in Table 6 are to be allowed in addition, if applicable.

Percentage increase of solicitors' fees

45.24

(1) This Section applies where—

(a) the only claim is a claim conducted by an HMRC Officer in the County Court for the recovery of a debt; and

(b) the Commissioners obtain judgment on the claim.

(2) Where this Section applies, unless the court orders otherwise, the only costs allowed in respect of HMRC charges are those specified in this Section.

(3) For the purpose of this Section—

(a) ‘His Majesty’s Revenue and Customs charges’ means the fixed costs set out in Table 8 and Table 9;

(b) ‘HMRC Officer’ means a person appointed by the Commissioners under section 2 of the Commissioners for Revenue and Customs Act 2005and authorised to conduct County Court proceedings for recovery of debt under section 25(1A)of that Act;

(c) ‘debt’ means any sum payable to the Commissioners under or by virtue of an enactment or under a contract settlement; and

(d) ‘Commissioners’ means commissioners for HMRC appointed under section 1 of the Commissioners for Revenue and Customs Act 2005.

(4) HMRC charges must, for the purpose of this Section, be claimed as ‘legal representative’s costs’ on relevant court forms.

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

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

Percentage increase of counsel’s fees

45.25

The amount of fixed commencement costs in a claim to which rule 45.24 applies—

(a) is set out in Table 8; and

(b) the amount claimed in the claim form is to be used for determining which claim band in Table 8 applies.

Alternative percentage increase

45.26

Where—

(a) an HMRC Officer has claimed fixed commencement costs under Rule 45.25; and

(b) judgment is entered in a claim to which rule 45.24 applies,

the amount to be included in the judgment for HMRC charges is the total of—

(i) the fixed commencement costs; and

(ii) the amount in Table 9 relevant to the value of the claim.

Electronic issue of certain possession claims

55.10A

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

(2) The practice direction may, in particular—

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

(b) specify—

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

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

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

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

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

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

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

(3) The Practice Direction may disapply or modify these Rules as appropriate in relation to possession claims started electronically.

Judgments and Orders

60.7

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

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

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

Patents Judge

63.4A

(1) Subject to paragraph (2), proceedings in the patents county court shall be dealt with by the patents judge.

(2) When a matter needs to be dealt with urgently and it is not practicable or appropriate for the patents judge to deal with such matter, the matter may be dealt with by another judge with appropriate specialist experience who shall be nominated by the Vice-Chancellor.

Starting the claim

Defence and reply

Case management

Disclosure and inspection

Claim for infringement and challenge to validity

Application to amend a patent specification in existing proceedings

Court’s determination of question or application

Application by employee for compensation

Demotion claims or suspension claims made in the alternative to possession claims

Other demotion or suspension claims

Starting a demotion or suspension claim

PART 66 — CROWN PROCEEDINGS

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

Scope of this Part and interpretation

66.1

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

(2) In this Part—

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

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

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

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

Application of the Civil Procedure Rules

66.2

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

Action on behalf of the Crown

66.3

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

(a) to make a witness statement,

(b) to swear an affidavit,

(d) to make a disclosure statement; or

(e) to discharge any other procedural obligation,

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

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

Counterclaims, other Part 20 claims, and set-off

66.4

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

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

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

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

Applications in revenue matters

66.5

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

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

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

Enforcement against the Crown

66.6

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

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

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

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

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

(b) in proceedings in the Administrative Court;

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

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

Money due from the Crown

66.7

(1) None of the following orders—

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

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

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

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

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

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

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

may be made under Part 23.

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

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

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

(a) on the Crown, and

(b) on the person to be restrained,

at least 7 days before the hearing.

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

Joinder of Commissioners for HM Revenue and Customs

V EUROPEAN ENFORCEMENT ORDERS

Interpretation

74.27

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

Certification of Judgments of the Courts of England and Wales

74.28

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

Applications for a certificate of lack or limitation of enforceability

74.29

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

Applications for rectification or withdrawal

74.30

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

Enforcement of European Enforcement Orders in England and Wales

74.31

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

Refusal of Enforcement

74.32

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

Stay or limitation of enforcement

74.33

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

Purpose of this Part

Scope and interpretation

Application of these Rules to additional claims

Defendant’s additional claim for contribution or indemnity from another party

Procedure for making any other additional claim

Service of claim form

Effect of service of an additional claim

Procedural steps on service of an additional claim form on a non-party

Case management where a defence to an additional claim is filed

Representation of applicants while filter provision has effect

54.28A

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

Service of documents on appellants within the jurisdiction

54.28B

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

Application for review

Application to extend time limit

Procedure while filter provision has effect

Procedure in fast track cases while filter provision does not have effect

Determination of the application by the Administrative Court

Service of order

Costs

Register of claims

Supply of documents to a party from court records

5.4B

(1) A party to proceedings may, unless the court orders otherwise, obtain from the records of the court a copy of any document listed in paragraph 4.2A of Practice Direction 5A.

(2) A party to proceedings may, if the court gives permission, obtain from the records of the court a copy of any other document filed by a party or communication between the court and a party or another person.

Supply of documents to a non-party from court records

5.4C

(1) The general rule is that a person who is not a party to proceedings may obtain from the court records a copy of—

(a) a statement of case, but not any documents filed with or attached to the statement of case, or intended by the party whose statement it is to be served with it;

(b) a judgment or order given or made in public (whether made at a hearing or without a hearing) ... .

(1A) Where a non-party seeks to obtain a copy of a statement of case filed before 2nd October 2006—

(a) this rule does not apply; and

(b) the rules of court relating to access by a non-party to statements of case in force immediately before 2nd October 2006 apply as if they had not been revoked.

(The rules relating to access by a non-party to statements of case in force immediately before 2nd October 2006 were contained in the former rule 5.4(5) to 5.4(9). Practice Direction 5A sets out the relevant provisions as they applied to statements of case.).

(1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) A non-party may, if the court gives permission, obtain from the records of the court a copy of any other document filed by a party, or communication between the court and a party or another person.

(3) A non-party may obtain a copy of a statement of case or judgment or order under paragraph (1) only if—

(a) where there is one defendant, the defendant has filed an acknowledgment of service or a defence;

(b) where there is more than one defendant, either—

(i) all the defendants have filed an acknowledgment of service or a defence;

(ii) at least one defendant has filed an acknowledgment of service or a defence, and the court gives permission;

(d) judgment has been entered in the claim.

(4) The court may, on the application of a party or of any person identified in a statement of case—

(a) order that a non-party may not obtain a copy of a statement of case under paragraph (1);

(b) restrict the persons or classes of persons who may obtain a copy of a statement of case;

(c) order that persons or classes of persons may only obtain a copy of a statement of case if it is edited in accordance with the directions of the court; or

(d) make such other order as it thinks fit.

(5) A person wishing to apply for an order under paragraph (4) must file an application notice in accordance with Part 23.

(6) Where the court makes an order under paragraph (4), a non-party who wishes to obtain a copy of the statement of case, or to obtain an unedited copy of the statement of case, may apply on notice to the party or person identified in the statement of case who requested the order, for permission.

Supply of documents from court records - general

5.4D

(1) A person wishing to obtain a copy of a document under rule 5.4B or rule 5.4C must pay any prescribed fee and—

(a) if the court’s permission is required, file an application notice in accordance with Part 23; or

(b) if permission is not required, file a written request for the document.

(2) An application for an order under rule 5.4C(4) or for permission to obtain a copy of a document under rule 5.4B or rule 5.4C (except an application for permission under rule 5.4C(6)) may be made without notice, but the court may direct notice to be given to any person who would be affected by its decision.

(3) Rules 5.4, 5.4B and 5.4C do not apply in relation to any proceedings in respect of which a rule or practice direction makes different provision.

(Rules 5.4, 5.4B and 5.4C are disapplied by rules 76.34, 79.30, 80.30, 82.18 and 88.33; and rule 5.4C is disapplied, and rule 5.4B applied subject to court order, by paragraph 23 of Practice Direction 49E.)

Filing and sending documents

7.2A

Practice Direction 7A makes provision for procedures to be followed when claims are brought by or against a partnership within the jurisdiction.

Continuing an application in circumstances in which it would otherwise be treated as abandoned

54.36

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

73.22

Practice Direction 73 makes provision for the procedure to be followed when applying for an order under section 23 of the Partnership Act 1890.

Admissions made after commencement of proceedings

Admissions made before commencement of proceedings

14.1A

(1) A person may, by giving notice in writing, admit the truth of the whole or any part of another party’s case before commencement of proceedings (a ‘pre-action admission’).

(2) Paragraphs (3) to (5) of this rule apply to a pre-action admission made in the types of proceedings listed at paragraph 1.1(2) of Practice Direction 14 if one of the following conditions is met—

(a) it is made after the party making it has received a letter before claim in accordance with the Practice Direction (Pre-Action Conduct) or any relevant pre-action protocol; or

(b) it is made before such letter before claim has been received, but it is stated to be made under Part 14.

(3) A person may, by giving notice in writing, withdraw a pre-action admission—

(a) before commencement of proceedings, if the person to whom the admission was made agrees;

(b) after commencement of proceedings, if all parties to the proceedings consent or with the permission of the court.

(4) After commencement of proceedings—

(a) any party may apply for judgment on the pre-action admission; and

(b) the party who made the pre-action admission may apply to withdraw it.

(5) An application to withdraw a pre-action admission or to enter judgment on such an admission—

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

(b) may be made as a cross-application.

Period for making an admission

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