The Civil Procedure Rules 1998

• (b) the notification to another 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 appropriate Minister makes an application under paragraph (3), the appropriate Minister must at the same time serve on a special advocate, if one has been appointed—

• (a) a copy of the application;

• (b) a copy of the relevant document referred to in paragraph (1)(a) or (b); and

• (c) a copy of the notice served on the appropriate Minister pursuant to paragraph (2).

• (5) If a special advocate has been appointed, rule 79.26 (except for paragraphs (6) and (7)) will apply with any necessary modifications to the consideration of an application under paragraph (3) of this rule.

• (6) The court will not serve notice on a party other than the appropriate Minister as mentioned in paragraph (1) before the time for the appropriate Minister to make an application under paragraph (3) has expired.

Supply of court documents

79.30

Unless the court directs otherwise, 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 Section 2 or 3 of this Part applies or to any document relating to such proceedings.

Stay of or limitation on enforcement

PART 78 — EUROPEAN ... PROCEDURES

Scope of this Part and interpretation	Rule 78.1
SECTION I - EUROPEAN ORDER FOR PAYMENT PROCEDURE
Scope of this Section and interpretation	Rule 78.2
Application for a European Order for Payment	Rule 78.3
Withdrawal of EOP application	Rule 78.4
Transfer of proceedings where an EOP application has been opposed	Rule 78.5
Filing of acknowledgment of service and defence where an EOP application is transferred under article 17 of the EOP Regulation	Rule 78.6
Default judgment	Rule 78.7
Review in exceptional cases	Rule 78.8
Enforcement of European orders for payment	Rule 78.9
Refusal of enforcement	Rule 78.10
Stay of or limitation on enforcement	Rule 78.11
SECTION II - EUROPEAN SMALL CLAIMS PROCEDURE
Scope of this Section and interpretation	Rule 78.12
Filing an ESCP claim form	Rule 78.13
Allocation of ESCP claims	Rule 78.14
Transfer of proceedings where the claim is outside the scope of the ESCP Regulation – article 4(3) of the ESCP Regulation	Rule 78.15
Defendant’s response	Rule 78.16
Transfer of proceedings where the defendant claims that the non-monetary claim exceeds the limit set in article 2(1) of the ESCP Regulation – article 5(5) of the ESCP Regulation	Rule 78.17
Transfer of proceedings where the ESCP counterclaim exceeds the limit set in article 2(1) of the ESCP Regulations – article 5(7) of the ESCP Regulation	Rule 78.18
Review of judgment	Rule 78.19
Enforcement of an ESCP judgment	Rule 78.20
Refusal of enforcement	Rule 78.21
Stay of or limitation on enforcement	Rule 78.22
SECTION III – MEDIATION DIRECTIVE
Scope of this Section and interpretation	Rule 78.23
Making a mediation settlement enforceable (mediation settlement enforcement orders)	Rule 78.24
Mediation settlement enforcement orders: foreign currency	Rule 78.25
Mediation evidence: disclosure or inspection	Rule 78.26
Mediation evidence: witnesses and depositions	Rule 78.27
Mediation evidence: small claims	Rule 78.28

Scope of this Part and interpretation

78.1

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

SECTION I - EUROPEAN ORDER FOR PAYMENT PROCEDURE

Scope of this Section and interpretation

78.2

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

Application for a European Order for Payment

78.3

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

Withdrawal of EOP application

78.4

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

Transfer of proceedings where an EOP application has been opposed

78.5

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

Filing of acknowledgment of service and defence where an EOP application is transferred under article 17 of the EOP Regulation

78.6

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

Default judgment

78.7

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

Review in exceptional cases

78.8

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

Enforcement of European orders for payment

78.9

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

Refusal of enforcement

78.10

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

Stay of or limitation on enforcement

78.11

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

SECTION II - EUROPEAN SMALL CLAIMS PROCEDURE

Scope of this Section and interpretation

78.12

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

Filing an ESCP claim form

78.13

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

Allocation of ESCP claims

78.14

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

Transfer of proceedings where the claim is outside the scope of the ESCP Regulation – article 4(3) of the ESCP Regulation

78.15

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

Defendant’s response

78.16

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

Transfer of proceedings where the defendant claims that the non-monetary claim exceeds the limit set in article 2(1) of the ESCP Regulation – article 5(5) of the ESCP Regulation

78.17

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

Transfer of proceedings where the ESCP counterclaim exceeds the limit set in article 2(1) of the ESCP Regulation – article 5(7) of the ESCP Regulation

78.18

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

Review of judgment

78.19

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

Enforcement of an ESCP judgment

78.20

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

Refusal of enforcement

78.21

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

Stay of or limitation on enforcement

78.22

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

Costs capping orders – General

44.18

• (1) The fact that a party has entered into a damages-based agreement will not affect the making of any order for costs which otherwise would be made in favour of that party.

• (2) Where costs are to be assessed in favour of a party who has entered into a damages-based agreement—

• (a) the party’s recoverable costs will be assessed in accordance with rule 44.3; and

• (b) the party may not recover by way of costs more than the total amount payable by that party under the damages-based agreement for legal services provided under that agreement.

Application for a costs capping order

44.19

• (1) An application for a costs capping order must be made on notice in accordance with Part 23.

• (2) The application notice must—

• (a) set out—

• (i) whether the costs capping order is in respect of the whole of the litigation or a particular issue which is ordered to be tried separately; and

• (ii) why a costs capping order should be made; and

• (b) be accompanied by an estimate of costs setting out—

• (i) the costs (and disbursements) incurred by the applicant to date; and

• (ii) the costs (and disbursements) which the applicant is likely to incur in the future conduct of the proceedings.

• (3) The court may give directions for the determination of the application and such directions may—

• (a) direct any party to the proceedings—

• (i) to file a schedule of costs in the form set out in the Costs Practice Direction;

• (ii) to file written submissions on all or any part of the issues arising;

• (b) fix the date and time estimate of the hearing of the application;

• (c) indicate whether the judge hearing the application will sit with an assessor at the hearing of the application; and

• (d) include any further directions as the court sees fit.

Application to vary a costs capping order

44.20

An application to vary a costs capping order must be made by application notice pursuant to Part 23.

Enforcement of decisions of bodies other than the High Court and county courts and compromises enforceable by enactment

Review of decision of court officer

75.5A

• (1) Any party may request any decision of a court officer to be reviewed by a District Judge.

• (2) Such a request must be made within 14 days of service of the decision.

• (3) Unless—

• (a) the party requesting the review requests an oral hearing; or

• (b) the court orders an oral hearing,

a request for a review under paragraph (2) will be dealt with without an oral hearing.

Enforcement of orders

Warrant of execution

Revocation of order

Transfer for enforcement

Further information required

Combining requests

Interpretation and definitions

Costs-only proceedings – costs in respect of insurance premium in publication cases

44.12B

• (1) If in proceedings to which rule 44.12A applies it appears to the court that—

• (a) if proceedings had been started, they would have been publication proceedings;

• (b) one party admitted liability and made an offer of settlement on the basis of that admission;

• (c) agreement was reached after that admission of liability and offer of settlement; and

• (d) either—

• (i) the party making the admission of liability and offer of settlement was not provided by the other party with the information about an insurance policy as required by the Practice Direction (Pre-Action Conduct); or

• (ii) that party made the admission of liability and offer of settlement before, or within 42 days of, being provided by the other party with that information,

no costs may be recovered by the other party in respect of the insurance premium.

• (2) In this rule, “publication proceedings” means proceedings for—

• (a) defamation;

• (b) malicious falsehood; or

• (c) breach of confidence involving publication to the public at large.

Special situations

Court’s powers in relation to misconduct

Providing information about funding arrangements

Adjournment where legal representative seeks to challenge disallowance of any amount of percentage increase

Application of costs rules

Costs capping orders – General

Application for a costs capping order

Application to vary a costs capping order

I PATENTS AND REGISTERED DESIGNS

Scope of Section I and allocation

Specialist list

Patents judge

Starting the claim

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

Defence and reply

Case management

Disclosure and inspection

Application to amend a patent specification in existing proceedings

Court’s determination of question or application

Application by employee for compensation

II REGISTERED TRADE MARKS AND OTHER INTELLECTUAL PROPERTY RIGHTS

Allocation

III SERVICE OF DOCUMENTS AND PARTICIPATION BY THE COMPTROLLER

Service of documents

Participation by the Comptroller

IV APPEALS

Appeals from decisions of the Comptroller or the registrar

Making of order

Request to apply the urgent preliminary ruling procedure

68.2A

Any request by the court to the European Court that the preliminary ruling be dealt with under its urgent preliminary ruling procedure must be made in a document separate from the order or in a covering letter.

Transmission to the European Court

Stay of proceedings

SECTION5 — NOTIFICATION ORDERS

Applications for a notification order

79.31

• (1) An application for a notification order under Schedule 4 to the 2008 Act must be made in accordance with Part 8.

• (2) Where the defendant wishes to serve a notice under paragraph 2(4) of Schedule 4 to the 2008 Act, the defendant must file and serve the notice with an acknowledgment of service not more than 14 days after service of the claim form.

Parties to comply with Practice Directions 52A to 52E

Admissions made under the RTA Protocol

14.1B

• (1) This rule applies to a pre-action admission made in a case to which the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (“the RTA Protocol”) , the Pre-action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims (‘the EL/PL Protocol’) or the Pre-Action Protocol for Personal Injury Claims below the Small Claims Limit in Road Traffic Accidents (‘the RTA Small Claims Protocol’) applies.

• (2) The defendant may, by giving notice in writing withdraw an admission of causation—

• (a) before commencement of proceedings—

• (i) where the RTA Protocol or the EL/PL Protocol applies, during the initial consideration period (or any extension to that period) as defined in the relevant Protocol; or

• (ii) at any time if the person to whom the admission was made agrees; or

• (b) after commencement of proceedings—

• (i) if all the parties to the proceedings consent; or

• (ii) with the permission of the court.

• (2A) Where the RTA Small Claims Protocol applies, the defendant’s admissions may be withdrawn pursuant to paragraph 8.9 of that Protocol.

• (3) The defendant may, by giving notice in writing withdraw any other pre-action admission after commencement of proceedings—

• (a) if all the parties to the proceedings consent; or

• (b) with the permission of the court.

• (4) An application under rule 14.1B(2)(b)(ii) or (3)(b) to withdraw a pre-action admission must be made in accordance with Part 23.

Period for making an admission

Admission by notice in writing—application for judgment

Admission of whole of claim for specified amount of money

Admission of part of a claim for a specified amount of money

Admission of liability to pay whole of claim for unspecified amount of money

Admission of liability to pay claim for unspecified amount of money where defendant offers a sum in satisfaction of the claim

Allocation of claims in relation to outstanding matters

Request for time to pay

Determination of rate of payment

Determination of rate of payment by court officer

Determination of rate of payment by judge

Right of re-determination

Interest

36.A1

• (1) This Part contains rules about—

• (a) offers to settle; and

• (b) the consequences where an offer to settle is made in accordance with this Part.

• (2) Section I of this Part contains rules about offers to settle other than where Section II applies.

• (3) Section II of this Part contains rules about offers to settle where the parties have followed the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (“the RTA Protocol”) or the Pre-action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims (‘the EL/PL Protocol’) and have started proceedings under Part 8 in accordance with Practice Direction 8B.

SECTION I — Part 36 Offers to Settle

Scope of this Section

Form and content of a Part 36 offer

Part 36 offers – general provisions

Part 36 offers – defendants’ offers

Personal injury claims for future pecuniary loss

Offer to settle a claim for provisional damages

Time when a Part 36 offer is made

Clarification of a Part 36 offer

Acceptance of a Part 36 offer

Costs consequences of acceptance of a Part 36 offer

The effect of acceptance of a Part 36 offer

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

Restriction on disclosure of a Part 36 offer

Costs consequences following judgment

Deduction of benefits and lump sum payments

SECTIONII — RTA PROTOCOL AND EL/PL PROTOCOL OFFERS TO SETTLE

Scope of this Section

Form and content of an RTA Protocol offer

Time when an RTA Protocol offer is made

General provisions

Restrictions on disclosure of an RTA Protocol offer

Costs consequences following judgment

Deduction of benefits

Costs-only application after a claim is started under Part 8 in accordance with Practice Direction 8B

44.12C

• (1) This rule sets out the procedure where—

• (a) the parties to a dispute have reached an agreement on all issues (including which party is to pay the costs) which is made or confirmed in writing; but

• (b) they have failed to agree the amount of those costs; and

• (c) proceedings have been started under Part 8 in accordance with Practice Direction 8B.

• (2) Either party may make an application for the court to determine the costs.

• (3) Where an application is made under this rule the court will assess the costs in accordance with rule 45.34 or rule 45.37.

• (4) Rule 48.3 (amount of costs where costs are payable pursuant to a contract) does not apply to an application under this rule.

(Practice Direction 8B sets out the procedure for a claim where the parties have followed the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents.)

Special situations

Court’s powers in relation to misconduct

Providing information about funding arrangements

Adjournment where legal representative seeks to challenge disallowance of any amount of percentage increase

Application of costs rules

Costs capping orders – General

Application for a costs capping order

Application to vary a costs capping order

SECTION III — The Pre-Action Protocols for Low Value Personal Injury Claims In Road Traffic Accidents and Low Value Personal Injury (Employers’ Liability and Public Liability) Claims.

Scope and interpretation

45.27

• (1) This Section applies to claims that have been or should have been started under Part 8 in accordance with Practice Direction 49F (‘the Stage 3 Procedure’).

• (2) A reference to Claim Notification Form or Court Proceedings Pack is a reference to the form used in the relevant Protocol.

Application of fixed costs, disbursements and success fee

45.28

The only costs allowed are—

• (a) the fixed costs in accordance with Table 10 and Table 11; and

• (b) the disbursements in accordance with Section IX of this Part.

Amount of fixed costs

45.29

• (1) In Table 10 and Table 11—

• ‘Type A fixed costs’ means the legal representative’s costs;

• ‘Type B fixed costs’ means the advocate’s costs; and

• ‘Type C fixed costs’ means the costs for the advice on the amount of damages where the claimant is a child.

• (2) ‘Advocate’ means a person exercising a right of audience as a representative of, or on behalf of, a party.

Disbursements

45.30

Where rule 36.30(1)(b) or (c) applies, the court shall order the defendant to pay

• (a) where not already paid by the defendant, the Stage 1 and 2 fixed costs;

• (b) where the claim is determined—

• (i) on the papers, Stage 3 Type A fixed costs;

• (ii) at a Stage 3 hearing, Stage 3 Type A and B fixed costs; or

• (iii) at a Stage 3 hearing and the claimant is a child, Type A, B and C fixed costs; and

• (c) disbursements allowed in accordance with Section IX of this Part.

Success fee

45.31

• (1) This rule applies where—

• (a) the claimant is a child;

• (b) there is a settlement—

• (i) at Stage 2 of the relevant Protocol; or

• (ii) after proceedings are started under the Stage 3 Procedure and the settlement is more than the defendant’s relevant Protocol offer; and

• (c) an application is made to the court to approve the settlement.

• (2) Where the court approves the settlement—

• (a) where paragraph (1)(b)(i) applies, at a settlement hearing at Stage 2 of the relevant Protocol; or

• (b) where paragraph (1)(b)(ii) applies, at the settlement hearing under the Stage 3 procedure,

it shall order the defendant to pay—

• (i) the Stage 1 and 2 fixed costs;

• (ii) the Stage 3 Type A, B and C fixed costs; and

• (iii) disbursements allowed in accordance with Section IX of this Part.

• (3) Where the court does not approve the settlement—

• (a) at a settlement hearing at Stage 2 of the relevant Protocol; or

• (b) at the settlement hearing under the Stage 3 procedure,

it shall order the defendant to pay the Stage 1 and 2 fixed costs.

• (4) Paragraphs (5) and (6) apply where the court does not approve the settlement at the first settlement hearing but does approve the settlement at—

• (a) where paragraph (1)(b)(i) applies, a second settlement hearing; or

• (b) where paragraph (1)(b)(ii) applies, the Stage 3 hearing.

• (5) At the second settlement hearing or Stage 3 hearing, as appropriate, the court shall order the defendant to pay—

• (a) the Stage 3 Type A and C fixed costs for the first settlement hearing;

• (b) disbursements allowed in accordance with Section IX of this Part; and

• (c) the Stage 3 Type B fixed costs for one of the hearings.

• (6) The court in its discretion may also order—

• (a) the defendant to pay an additional amount of either or both the Stage 3—

• (i) Type A fixed costs;

• (ii) Type B fixed costs; or

• (b) the claimant to pay an amount equivalent to either or both of the Stage 3—

• (i) Type A fixed costs;

• (ii) Type B fixed costs.

• (7) Where paragraph (1)(b)(ii) applies and the settlement is not approved at the Stage 3 hearing the court shall order the defendant to pay the Stage 3 Type A fixed costs.

Where the claimant obtains judgment for an amount more than the defendant’s RTA Protocol offer

45.32

Where

• (a) the claimant is a child; and

• (b) at a settlement hearing or the Stage 3 hearing the court orders that the claim is not suitable to be determined under the Stage 3 Procedure,

the court shall order the defendant to pay—

• (i) the Stage 1 and 2 fixed costs; and

• (ii) the Stage 3 Type A, B and C fixed costs.

Settlement at Stage 2 where the claimant is a child

45.33

Where

• (a) there is a settlement after the Court Proceedings Pack has been sent to the defendant but before proceedings are issued under Stage 3; and

• (b) the settlement is more than the defendant’s relevant Protocol offer,

the fixed costs shall include an additional amount equivalent to the Stage 3 Type A fixed costs.

Settlement at Stage 3 where the claimant is a child

45.34

• (1) Where—

• (a) the value of the claim for damages is more than £10,000;

• (b) an additional advice has been obtained from a specialist legal representative, and that advice—

• (i) is within the legal representative’s specialist expertise; and

• (ii) is reasonably required to value the claim,

the fixed costs may include an additional amount equivalent to the Stage 3 Type C fixed costs.

• (2) In a claim to which the RTA Protocol applies—

• (a) vehicle related damages are excluded for the purpose of valuing a claim under paragraph (1)(a); and

• (b) ‘vehicle related damages’ has the meaning ascribed to it by paragraph 1.1(18) of the RTA Protocol.

Where the court orders the claim is not suitable to be determined under the Stage 3 Procedure and the claimant is a child

45.35

• (1) This rule applies where the claimant—

• (a) does not comply with the process set out in the relevant Protocol; or

• (b) elects not to continue with that process,

and starts proceedings under Part 7.

• (2) Subject to paragraph (3), where a judgment is given in favour of the claimant but—

• (a) the court determines that the defendant did not proceed with the process set out in the relevant Protocol because the claimant provided insufficient information on the Claim Notification Form;

• (b) the court considers that the claimant acted unreasonably—

• (i) by discontinuing the process set out in the relevant Protocol and starting proceedings under Part 7;

• (ii) by valuing the claim at more than £25,000, so that the claimant did not need to comply with the relevant Protocol; or

• (iii) except for paragraph (2)(a), in any other way that caused the process in the relevant Protocol to be discontinued; or

• (c) the claimant did not comply with the relevant Protocol at all despite the claim falling within the scope of the relevant Protocol,

the court may order the defendant to pay no more than the fixed costs in rule 45.28 together with the disbursements allowed in accordance with Section IX of this Part.

• (3) Where a judgment is given in favour of the claimant but the claimant did not comply with the process in paragraph 6.3A(2) of the RTA Protocol, the court may not order the defendant to pay the claimant’s costs and disbursements save in exceptional circumstances.

• (4) Where the claimant starts proceedings under paragraph 7.29 of the RTA Protocol or paragraph 7.27 of the EL/PL Protocol and the court orders the defendant to make an interim payment of no more than the interim payment made under paragraph 7.19(2) or (3) of the RTA Protocol or paragraph 7.18(2) or (3) of the EL/PL Protocol the court shall, on the final determination of the proceedings, order the defendant to pay no more than—

• (a) the Stage 1 and 2 fixed costs; and

• (b) the disbursements allowed in accordance with Section IX of this Part.

• (5) Nothing in Section VI or Section VII of this Part shall prevent the court making an order under this rule where appropriate.

Failure to comply or electing not to continue with the RTA Protocol – costs consequences

45.36

• (1) This rule applies where an application is made under rule 45.40 (costs-only application after a claim is started under Part 8 in accordance with Practice Direction 49F).

• (2) Where the settlement is more than the defendant’s relevant Protocol offer the court shall order the defendant to pay—

• (a) the Stage 1 and 2 fixed costs where not already paid by the defendant;

• (b) the Stage 3 Type A fixed costs; and

• (c) disbursements allowed in accordance with Section IX of this Part.

• (3) Where the settlement is less than or equal to the defendant’s relevant Protocol offer the court shall order the defendant to pay—

• (a) the Stage 1 and 2 fixed costs where not already paid by the defendant; and

• (b) disbursements allowed in accordance with Section IX of this Part.

• (4) The court may, in its discretion, order either party to pay the costs of the application.

Where the parties have settled after proceedings have started

45.37

Where rule 36.30(1)(a) applies, the court shall order the claimant to pay

• (a) where the claim is determined—

• (i) on the papers, Stage 3 Type A fixed costs; or

• (i) at a hearing, Stage 3 Type A and B fixed costs;

• (b) any Stage 3 disbursements allowed in accordance with Section IX of this Part.

Where the claimant obtains judgment for an amount equal to or less than the defendant’s RTA Protocol offer

45.38

Where the court adjourns a settlement hearing or a Stage 3 hearing it may, in its discretion, order a party to pay

• (a) an additional amount of the Stage 3 Type B fixed costs; and

• (b) any court fee for that adjournment.

Adjournment

45.39

Where a claim no longer continues under the relevant Protocol the court shall, when making any order as to costs including an order for fixed recoverable costs under Section VI or Section VII of this Part, take into account the Stage 1 and Stage 2 fixed costs that have been paid by the defendant.

Account of payment of Stage 1 fixed costs

45.40

• (1) This rule sets out the procedure where—

• (a) the parties to a dispute have reached an agreement on all issues (including which party is to pay the costs) which is made or confirmed in writing; but

• (b) they have failed to agree the amount of those costs; and

• (c) proceedings have been started under Part 8 in accordance with Practice Direction 49F.

• (2) Either party may make an application for the court to determine the costs.

• (3) Where an application is made under this rule the court shall determine the costs in accordance with the relevant provisions in rule 45.31 in so far as that rule applies to proceedings started under the Stage 3 Procedure and the settlement is more than the defendant’s relevant Protocol offer or rule 45.36.

• (4) Rule 44.5 (amount of costs where costs are payable pursuant to a contract) does not apply to an application under this rule.

Subsequent use of disclosed documents and completed Electronic Documents Questionnaires

SECTION IV — Scale Costs For Claims In The Intellectual Property Enterprise Court

Scope and interpretation

45.41

• (1) This rule applies where the claimant—

• (a) does not comply with the process set out in the Pre-Action Protocol for Personal Injury Claims Below the Small Claims Limit in Road Traffic Accidents (‘the RTA Small Claims Protocol’); or

• (b) either—

• (i) elects not to continue with that process; or

• (ii) elects not to proceed with that process having been notified by the defendant pursuant to paragraph 6.15(4)(b) of the RTA Protocol that if proceedings were issued, the small claims track would be the normal track for that claim,

and starts proceedings under Part 7 which are not allocated to the small claims track.

• (2) Where a judgment is given in favour of the claimant, but—

• (a) the court considers that the claimant acted unreasonably—

• (i) by valuing the overall claim at more than £10,000 or the claim for damages for injury at more than £5,000, so that the claimant did not need to comply with the RTA Small Claims Protocol;

• (ii) by electing not to proceed under the RTA Small Claims Protocol, following notification pursuant to paragraph 6.15(4)(b) of the RTA Protocol; or

• (iii) in any other way that caused the process in the RTA Small Claims Protocol to be discontinued; or

• (b) the claimant did not comply with the RTA Small Claims Protocol at all despite the claim falling within the scope of the Protocol,

the court may order the defendant to pay no more than the fixed costs together with disbursements allowed in accordance with paragraphs 1.13 and 1.14 of Practice Direction 27B.

Amount of scale costs

45.42

• (1) This rule applies where—

• (a) a claim has been started under the RTA Small Claims Protocol, but no longer continues under that Protocol; and

• (b) the claim has not subsequently proceeded under the RTA Protocol.

• (2) Where this rule applies, Section VI of this Part applies as though the claim had started under the RTA Protocol, except where—

• (a) the court makes an order under rule 45.41; or

• (b) the claim no longer continues under the RTA Small Claims Protocol because either the claimant or defendant becomes a protected party as defined in rule 21.1(2).

Summary assessment of the costs of an application where a party has behaved unreasonably

45.43

• (1) This Section applies to any claim which would normally be or is allocated to the fast track.

• (2) This Section does not apply where Section IV, Section VII or Section VIII of this Part applies.

SECTIONV — INTELLECTUAL PROPERTY ENTERPRISE COURT

Scope of this Section

Transfer of proceedings

63.18

• (1) Rule 30.5 applies save for the modifications—

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

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

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

Patents judge

63.19

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

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

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

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

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

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

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

Statements of case

63.20

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

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

Statement of truth

63.21

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

Defence and reply

63.22

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

• (2) Where the particulars of claim contain a confirmation in accordance with rule 63.20(2), the period for filing a defence where the defendant files an acknowledgment of service under Part 10 is 42 days after service of the particulars of claim unless rule 15.4(2) provides for a longer period to do so.

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

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

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

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

Case management

63.23

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

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

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

Disclosure and inspection

63.24

• (1) Rule 63.9 does not apply.

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

Applications

63.25

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

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

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

• (4) An application to transfer the claim to the Patents Court or general Chancery Division or to stay proceedings must be made before or at the case management conference provided for in rule 63.23(1).

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

Costs

63.26

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

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

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

Scope of this Part

SECTION 1 – SERIOUS CRIME PREVENTION ORDERS

Interpretation

77.1A

In this Section—

• (a) “the 2007 Act” means the Serious Crime Act 2007; and

• (b) “SCPO” means a serious crime prevention order under section 1 or section 9 of the 2007 Act.

Application for a SCPO

Applications by third parties to make representations and applications to vary or discharge a SCPO made by the High Court

Application to vary or discharge a SCPO made by the Crown Court

Where to make an application

SECTION 2 APPLICATION TO QUASH AN ACQUITTAL

Scope and interpretation

77.6

• (1) This Section contains rules about applications to quash an acquittal under section 54(3) of the Criminal Procedure and Investigations Act 1996 and applies in relation to acquittals in respect of offences alleged to have been committed on or after 15th April 1997.

• (2) An application made under this Section may be made only by the individual or body which acted as prosecutor in the proceedings which led to the acquittal.

• (3) In this Section—

• (a) “the 1996 Act” means the Criminal Procedure and Investigations Act 1996;

• (b) “acquitted person” means a person whose acquittal of an offence is the subject of a certification under section 54(2) of the 1996 Act, and “acquittal” means the acquittal of that person of that offence;

• (c) “magistrates’ court” has the same meaning as in section 148 of the Magistrates’ Courts Act 1980; and

• (d) “record of court proceedings” means—

• (i) where the proceedings took place in the Crown Court, a transcript of the evidence; or

• (ii) where the proceedings took place in a magistrates’ court, a transcript of the evidence if there is one and if not a note of the evidence made by the justices’ legal adviser,

in the proceedings which led to the conviction for the administration of justice offence referred to in section 54(1)(b) of the 1996 Act or, as the case may be, the proceedings which led to the acquittal.

Time limit for making the application

77.7

An application for an order quashing an acquittal under section 54(3) of the 1996 Act must be made no later than 28 days after the issue of the certificate to which section 54(2) of that Act refers.

Where to make the application

77.8

• (1) The jurisdiction of the High Court under section 54(3) of the 1996 Act may be exercised by a Divisional Court or a single judge of the High Court.

• (2) The application must be made to the Administrative Court which will direct whether the application should be dealt with by a Divisional Court or a single judge of the High Court.

How to make the application

77.9

• (1) The application must be made by filing a claim form pursuant to Part 8.

• (2) The claimant must file with the claim form—

• (a) a witness statement which deals with the conditions in section 55(1), (2) and (4) of the 1996 Act and which exhibits any relevant documents (which may include a copy of any record of court proceedings); and

• (b) a copy of the certification under section 54(2) of the 1996 Act.

Notice to defendant (acquitted person)

77.10

• (1) Within 7 days of the claim form being issued by the court, the claimant must serve on the defendant (the acquitted person) a copy of the claim form and the documents which accompanied it.

• (2) The documents referred to in paragraph (1) must be accompanied by a notice informing the defendant that—

• (a) the result of the application may be the making of an order by the High Court quashing the acquittal; and

• (b) the defendant must, if wishing to respond to the application, file—

• (i) within 14 days of service of the claim form an acknowledgment of service; and

• (ii) within 28 days of service of the claim form any witness statement on which the defendant wishes to rely.

• (3) The claimant must file as soon as practicable after service of the notice on the defendant a certificate of service together with a copy of the notice.

Response to the application

77.11

• (1) The defendant must, if wishing to respond to the application, file—

• (a) an acknowledgment of service within 14 days of service of the claim form under rule 77.10; and

• (b) a witness statement which—

• (i) deals with the conditions in section 55(1), (2) and (4) of the 1996 Act; and

• (ii) exhibits any relevant documents (which may include a copy of any record of court proceedings),

within 28 days of service of the claim form under rule 77.10.

• (2) The defendant must serve the documents in paragraph (1) on the claimant within 7 days of filing them with the court.

• (3) Rule 8.5(3) does not apply.

Further evidence

77.12

• (1) The claimant may, not later than 10 days after the expiry of the period allowed in rule 77.11(1), apply without notice for permission to file further evidence.

• (2) Any order granting permission to file further evidence will specify the period within which that further evidence is to be filed.

• (3) The claimant must serve a copy of the further evidence on the defendant within 4 days of filing that further evidence.

• (4) Rule 8.5(5) and 8.5(6) do not apply.

Determination of the application to quash an acquittal (general provisions)

77.13

• (1) The application to quash an acquittal will be determined without a hearing unless the court, of its own initiative or on the application by a party, orders otherwise.

• (2) The determination of the application to quash an acquittal will not be made, and any hearing of the application (if ordered) will not take place, before the expiry of—

• (a) 10 days after the expiry of the period allowed under rule 77.11(1); or

• (b) 10 days after the expiry of the period allowed by any order made under rule 77.12(2).

• (3) The court will serve notice of any order made on the application to quash an acquittal on the parties and where the court before which the acquittal or conviction occurred was—

• (a) a magistrates’ court, on the designated officer; or

• (b) the Crown Court, on the appropriate officer of the Crown Court sitting at the place where the acquittal or conviction occurred.

Application for a hearing to determine the application to quash an acquittal

77.14

• (1) An application for a hearing under rule 77.13(1) must—

• (a) be made no later than 7 days after the expiry of the period allowed—

• (i) under rule 77.11(1); or

• (ii) by any order made under rule 77.12(2); and

• (b) state whether a hearing is requested in order for a witness for the other party to attend to be cross-examined(GL) and, if so, the reasons for wishing the witness to attend.

• (2) The party applying for a hearing must—

• (a) serve a copy of the application notice on the other party within 4 days of filing it with the court; and

• (b) file a certificate of service.

• (3) The party served with an application for a hearing must file any representations within 5 days of service of the application notice.

• (4) Subject to paragraph (5), the court will not determine an application for a hearing unless a certificate of service has been filed pursuant to sub-paragraph (2)(b) and—

• (a) representations have been filed under paragraph (3); or

• (b) the period for filing representations under paragraph (3) has expired.

• (5) Where—

• (a) no certificate of service has been filed; and

• (b) no representations under paragraph (3) have been received after the expiry of 7 days from the date of filing the application,

the court may dismiss the application for a hearing.

Hearing to determine the application to quash an acquittal

77.15

Where a hearing is ordered, the court—

• (a) may order a witness to attend to be cross-examined(GL)—

• (i) of its own initiative; or

• (ii) on a without notice application by a party; and

• (b) will serve a notice on all parties setting out—

• (i) the date, time and place of the hearing; and

• (ii) the details of any witness ordered to attend for cross-examination(GL).

Application for restraint order and domestic freezing order certificate

Discharge or variation of a restraint order and a domestic freezing order certificate

Compensation in relation to a restraint order, domestic freezing order certificate or forfeiture order

Application for registration of a British Islands order

Evidence in support of an application for registration of a British Islands order

Register of all orders registered under the Act

Notice of registration of a British Islands order

Application to vary or cancel registration of a British Islands order

Enforcement of a British Islands order

Giving effect to an overseas freezing order – consideration by the court

36A

• (1) Save in exceptional circumstances the court will consider an overseas freezing order the next business day after receipt of a copy of that order from the Secretary of State.

• (2) In any event the court will consider the order within 5 business days of receipt of it.

• (3) The court will not make an order giving effect to an overseas freezing order unless it is satisfied that the Director of Public Prosecutions has had the opportunity to make representations to the court in writing or at a hearing.

• (4) ‘Business day’ has the same meaning as in CPR rule 6.2.

Giving effect to an overseas freezing order – registration

36B

Where the court makes an order to give effect to an overseas freezing order the court will register that order in accordance with rule 32.

Notice of registration of an overseas freezing order

36C

Where the court gives effect to an overseas freezing order it will order the Director of Public Prosecutions to serve notice of registration of the order on any persons affected by it.

Application to cancel the registration of, or vary, an overseas freezing order

36D

An application under paragraph 11G(4) of Schedule 4 by the Director of Public Prosecutions or any person affected by an overseas freezing order must be made to the court in accordance with CPR Part 23.

Scope and interpretation of this Part

...

Modification of Part 52 (appeals)

Service of appellant’s notice on special advocate

Scope of this Section

79.14A

This section applies to an appeal under section 26 of the 2010 Act (appeals to the court in relation to designations) in relation to designations and variations, revocation and renewal, of those designations.

Modification of Part 52 (appeals)

79.14B

• (1) Part 52 (appeals) applies to an appeal under section 26 of the 2010 Act subject to—

• (a) rule 79.2;

• (b) Section 4 of this Part; and

• (c) the modifications set out in paragraph (2).

• (2) Rule 52.2 (parties to comply with Practice Directions 52A to 52E) apply, but the parties are not 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.

Appellant’s notice

79.14C

• (1) The appellant’s notice must set out the details of—

• (a) the interim or final designation;

• (b) how the appellant is affected by the interim or final designation; and

• (c) the grounds of the appeal.

• (2) The appellant must file and serve the following documents with the appellant’s notice—

• (a) a copy of the written notice of the interim or final designation; and

• (b) any evidence, including witness statements in support of the appeal.

(Practice Direction 52 contains details about the filing and service of the appellant’s notice for statutory appeals.)

Appeals to the Court of Appeal

79.14D

• (1) Part 52 (appeals) applies to an appeal to the Court of Appeal against an order of the High Court under this Section subject to—

• (a) rule 79.2;

• (b) Section 4 of this Part; and

• (c) paragraph (2) of this rule.

• (2) The appellant must serve a copy of the appellant’s notice on any special advocate.

Where to make an application

79.15A

An application under Section 2 and an appeal under Section 3 of this Part must be started and heard in the Administrative Court.

Notification of hearing

Hearings

Appointment of a special advocate

Function of a special advocate

Special advocate: communicating about proceedings

Consideration of the Treasury’s objection

Modification of the general rules of evidence and disclosure

Search for, filing of and service of material

Redacted material

Application to withhold closed material

Consideration of the Treasury’s application

Failure to comply with directions

Judgments

Application by Treasury for reconsideration of order, direction or judgment

Supply of court documents

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

Scope of this Section and interpretation

65.42

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

• (2) In this Section—

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

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

Applications for an injunction

65.43

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

• (2) The application ...—

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

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

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

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

• (2A) If the application—

• (a) is on notice; and

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

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

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

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

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

• (3) The claim form must state—

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

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

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

• (a1) the application may—

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

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

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

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

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

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

• (b) the following rules do not apply—

• (i) 8.3;

• (ii) 8.4;

• (iii) 8.5(2) to (6);

• (iv) 8.6(1);

• (v) 8.7; and

• (vi) 8.8.

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

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

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

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

Injunction containing provisions to which a power of arrest is attached

65.44

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

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

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

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

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

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

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

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

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

Application to vary or discharge an injunction

65.45

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

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

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

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

65.46

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

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

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

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

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

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

65.47

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

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

• (b) a warrant of arrest.

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

• (a) deal with the matter; or

• (b) adjourn the proceedings.

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

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

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

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

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

...

Recognizance

65.48

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

• (a) a judge;

• (b) a justice of the peace;

• (c) a justices’ legal adviser;

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

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

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

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

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

65.49

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

• (a) the claim form; or

• (b) an application under Part 23.

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

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

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

Service on a solicitor or European Lawyer within the United Kingdom or in any other EEA state

Service of the claim form where before service the defendant gives an address at which the defendant may be served

Address for service to be given after proceedings are started

SECTION V — Fixed Costs: HM Revenue And Customs

Scope, interpretation and application

45.44

For so long as the claim is allocated neither to the small claims track, the intermediate track or the multi-track, the only costs allowed in any claim which would normally be or is allocated to the fast track are

• (a) the fixed costs in Table 12; and

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

Amount of fixed commencement costs in a county court claim for the recovery of money

45.45

• (1) In Table 12—

• (a) unless stated otherwise, “damages”—

• (i) means any form of monetary relief;

• (ii) in a claim which has no monetary value, shall be taken to mean an amount equivalent to—

• (aa) £10,000 in a claim assigned to complexity band 2;

• (bb) £15,000 in a claim assigned to complexity band 3; and

• (cc) £20,000 in a claim assigned to complexity band 4;

• (iii) in a claim which includes both a claim for monetary relief and a claim which has no monetary value, means the applicable amount in sub-paragraph (ii) taken together with the monetary value in sub-paragraph (i); and

• (iv) in so far as it applies to monetary relief, means—

• (aa) agreed damages; or

• (bb) an amount awarded following trial;

(Rule 44.2 provides that the court has a discretion as to the costs order to be made including whether an order for costs relating only to a distinct part of the proceedings is appropriate.)

• (b) the figures in each of stages A to C are the cumulative totals for costs incurred up to and including that stage;

• (c) the figures in stage D are separate sums where the claim is disposed of at trial; and

• (d) a reference to a ‘trial’is a reference to the final hearing.

Costs on entry of judgment in a county court claim for recovery of money

45.46

• (1) Where a claim would normally be assigned to complexity band 4, under rule 26.15 in addition to the costs allowable in Table 12, the fixed costs may include an amount in accordance with Table 13.

• (2) The additional costs in Table 13 are only allowable where—

• (a) the legal advice is obtained from, or a statement of case is drafted by—

• (i) a specialist legal representative in respect of a matter within their specialist expertise; or

• (ii) the intended trial advocate; and

• (b) the use of that person to provide the advice or draft the statement of case is justified.

• (3) A court may only order payment for one advice in writing or in conference unless further advice is justified.

(Rule 2.3 defines ‘legal representative’.)

When the defendant is only liable for fixed commencement costs

45.47

• (1) This rule applies where a claim has been started under the RTA Protocol or the EL/PL Protocol.

• (2) Where this rule applies and—

• (a) an advice has been obtained from a legal representative as provided for in the relevant Protocol; or

• (b) an advice has been obtained from a specialist legal representative on the amount of damages where the claimant is a child and that advice—

• (i) is within the legal representative’s particular expertise; and

• (ii) is reasonably required to value the claim,

the fixed costs may include an additional amount of £150.

SECTION III — MEDIATION DIRECTIVE

Scope of this Section and interpretation

78.23

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

Making a mediation settlement enforceable (mediation settlement enforcement orders)

78.24

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

Mediation settlement enforcement orders: foreign currency

78.25

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

Mediation evidence: disclosure or inspection

78.26

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

Mediation evidence: witnesses and depositions

78.27

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

Mediation evidence: small claims

78.28

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

Part 80 — Proceedings under the Terrorism Prevention and Investigation Measures Act 2011and Part 2 of the National Security Act 2023

Contents of this Part
1 APPLICATION OF THIS PART
Scope and interpretation	80.1
Modification to the overriding objective	80.2
2 PERMISSION APPLICATIONS, REFERENCES AND APPEALS TO THE HIGH COURT RELATING TO TPIM NOTICES AND PART 2 NOTICES
Scope of this section	80.3
Application for permission to impose measures	80.4
Reference of measures imposed without permission	80.5
Directions for hearing on an application for permission or on a reference	80.6
Appeals under section 16 of the TPIM Act or section 53 of the National Security Act	80.7
Modification of Part 52 (appeals)	80.8
Notice of appeal	80.9
Time limit for appealing	80.10
Secretary of State’s reply	80.11
3 APPEALS TO THE COURT OF APPEAL
Modification of Part 52 (appeals)	80.12
4 GENERAL PROVISIONS
Scope of this section	80.13
Address for filing proceedings	80.14
Applications for anonymity	80.15
Notification of hearing	80.16
Hearings	80.17
Hearings in private	80.18
Appointment of a special advocate	80.19
Functions of a special advocate	80.20
Special advocate: communicating about proceedings	80.21
Modification of the general rules of evidence and disclosure	80.22
Filing and service of relevant material	80.23
Closed material	80.24
Consideration of Secretary of State’s objection or application	80.25
Order of filing and serving material and written submissions	80.26
Failure to comply with directions	80.27
Judgments	80.28
Application by Secretary of State for reconsideration of decision	80.29
Supply of court documents	80.30

SECTION1 — Application of this Part

Scope and interpretation

80.1

• (1) This Part contains rules about—

• (a) TPIM proceedings and relevant 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 17(2) of the TPIM Act or section 53(2) of the National Security Act, the rules in this Part shall apply with any modification the court considers necessary.

• (3) In this Part—

• (a) “the TPIM Act” means the Terrorism, Prevention and Investigation Measures Act 2011 and “the National Security Act” means the National Security Act 2023;

• (b) “closed material” means any relevant material that the Secretary of State objects to disclosing to a relevant party on the grounds that it is contrary to the public interest;

• (c) “extension notice” means a notice issued under section 5(2) of the TPIM Act, extending a TPIM notice , or (as the case may be) section 41(2) of the National Security Act extending a Part 2 notice;

• (d) “legal representative” is to be construed in accordance with paragraph 4(4)(b) of Schedule 4 to the TPIM Act or (as the case may be) of Schedule 10 to the National Security Act;

• (e) “measures” means terrorism prevention and investigation measures (which has the same meaning as in section 2 of the TPIM Act) or (as the case may be) prevention and investigation measures (which has the same meaning as in section 39(2) of the National Security Act);

• (f) “open material” means any relevant material that the Secretary of State does not object to disclosing to a relevant party on the grounds that it is contrary to the public interest;

• (fa) “Part 2 notice” has the same meaning as in section 39(1) of the National Security Act;

• (fb) “Part 2 subject” means an individual on whom the Secretary of State has imposed, or is proposing to impose, measures by means of a Part 2 notice;

• (g) “relevant material” means the material described in paragraph 3(1)(a) to (c) of Schedule 4 to the TPIM Act or (as the case may be) of Schedule 10 to the National Security Act;

• (h) “relevant party” means any party to the proceedings other than the Secretary of State;

• (ha) “relevant proceedings” has the same meaning as in section 62(1) of the National Security Act;

• (i) “revival notice” means a notice issued under section 13(6) of the TPIM Act, reviving a TPIM notice , or (as the case may be) under section 49(6) of the National Security Act, reviving a Part 2 notice;

• (j) “special advocate” means a person appointed under paragraph 10(1) of Schedule 4 to the TPIM Act or of Schedule 10 to the National Security Act;

• (k) “TPIM notice” has the same meaning as in section 2(1) of the TPIM Act;

• (l) “TPIM proceedings” has the same meaning as in section 30(1) of the TPIM Act;

• (m) “TPIM subject” means an individual on whom the Secretary of State has imposed, or is proposing to impose, measures by means of a TPIM notice;

• (n) “variation notice” means a notice issued under section 12(1)(c) of the TPIM Act, varying the TPIM notice without the individual’s consent , or (as the case may be) under section 48(1)(c) of the National Security Act, varying the Part 2 notice without the individual’s consent.

• (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 or 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

80.2

• (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.

SECTION2 — Permission Applications, References and Appeals to the High Court Relating to TPIM Notices and Part 2 Notices

Scope of this section

80.3

This section contains rules about—