Legalize / United Kingdom / Statutory-Instrument

The Civil Procedure Rules 1998

Type Statutory-Instrument

Publication 1998-12-10

Last updated 2026-04-06

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

PDF Download

articles Not indexed

Reform history JSON API

(3A) In a soft tissue injury claim, if the defendant makes a Part 36 offer or Protocol offer before the defendant receives a fixed cost medical report, paragraphs (2) and (3) will only have effect in respect of costs incurred by either party more than 21 days after the defendant received the report.

(3B) In this rule, ‘fixed cost medical report’ and ‘soft tissue injury claim’ have the same meaning as in paragraph 1.1(10A) and (16A), respectively, of the RTA Protocol.

(4) For the purposes of this rule a defendant’s Protocol offer is either—

(a) defined in accordance with rules 36.17 and 36.18; or

(b) if the claim leaves the Protocol before the Court Proceedings Pack Form is sent to the defendant—

(i) the last offer made by the defendant before the claim leaves the Protocol; and

(ii) deemed to be made on the first business day after the claim leaves the Protocol.

(5) A reference to the ‘Court Proceedings Pack Form’ is a reference to the form used in the Protocol.

(6) Fixed costs shall be calculated by reference to the amount which is awarded.

(7) Where the court makes an order for costs in favour of the defendant—

(a) the court will have regard to; and

(b) the amount of costs ordered shall not exceed,

the fixed costs in Table 6B, 6C or 6D in Section IIIA of Part 45 applicable at the date of judgment, less the fixed costs to which the claimant is entitled under paragraph (2) or (3).

(8) The parties are entitled to disbursements allowed in accordance with rule 45.29I incurred in any period for which costs are payable to them.

Deduction of benefits and lump sum payments

Form and content of a Protocol offer

Time when a Protocol offer is made

Restrictions on disclosure of a Protocol offer

Settlement before proceedings are issued under Stage 3

45.23A

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

Additional advice on the value of the claim

45.23B

Where—

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

(b) an additional advice has been obtained from a specialist solicitor or from counsel;

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

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

Where the parties have settled after proceedings have started

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

Adjournment

Account of payment of Stage 1 and Stage 2 fixed costs

Costs-only application after a claim is started under Part 8 in accordance with Practice Direction 49F

SECTION IIIA — Claims Which No Longer Continue Under the RTA or EL/PL Pre-Action Protocols and Claims to which the Pre-Action Protocol for Resolution of Package Travel Claims Applies – Fixed Recoverable Costs

Scope and interpretation

45.29A

(1) Subject to paragraph (3), this section applies—

(a) to a claim started under—

(i) the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (‘the RTA Protocol’); or

(ii) the Pre-Action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims (‘the EL/PL Protocol’),

where such a claim no longer continues under the relevant Protocol or the Stage 3 Procedure in Practice Direction 49F; and

(b) to a claim to which the Pre-Action Protocol for Resolution of Package Travel Claims applies.

(2) This section does not apply to a disease claim which is started under the EL/PL Protocol.

(3) Nothing in this section shall prevent the court making an order under rule 45.24.

Application of fixed costs and disbursements – RTA Protocol

45.29B

Subject to rules 45.29F, 45.29G, 45.29H and 45.29J, , and for as long as the case is not allocated to the multi-track, if, in a claim started under the RTA Protocol, the Claim Notification Form is submitted on or after 31st July 2013, the only costs allowed are—

(a) the fixed costs in rule 45.29C;

(b) disbursements in accordance with rule 45.29I.

Amount of fixed costs – RTA Protocol

45.29C

(1) Subject to paragraph (2), the amount of fixed costs is set out in Table 6B.

(2) Where the claimant—

(a) lives or works in an area set out in Practice Direction 45; and

(b) instructs a legal representative who practises in that area,

the fixed costs will include, in addition to the costs set out in Table 6B, an amount equal to 12.5% of the costs allowable under paragraph (1) and set out in Table 6B.

(3) Where appropriate, VAT may be recovered in addition to the amount of fixed recoverable costs and any reference in this Section to fixed costs is a reference to those costs net of VAT.

(4) In Table 6B—

(a) in Part B, “on or after” means the period beginning on the date on which the court respectively—

(i) issues the claim;

(ii) allocates the claim under Part 26; or

(iii) lists the claim for trial; and

(b) unless stated otherwise, a reference to “damages” means agreed damages; and

*A. If Parties reach a settlement prior to the claimant issuing proceedings under Part 7*	*A. If Parties reach a settlement prior to the claimant issuing proceedings under Part 7*	*A. If Parties reach a settlement prior to the claimant issuing proceedings under Part 7*	*A. If Parties reach a settlement prior to the claimant issuing proceedings under Part 7*	*A. If Parties reach a settlement prior to the claimant issuing proceedings under Part 7*	*A. If Parties reach a settlement prior to the claimant issuing proceedings under Part 7*	*A. If Parties reach a settlement prior to the claimant issuing proceedings under Part 7*	*A. If Parties reach a settlement prior to the claimant issuing proceedings under Part 7*
Agreed damages	Agreed damages	At least £1,000, but not more than £5,000	At least £1,000, but not more than £5,000	More than £5,000, but not more than £10,000	More than £5,000, but not more than £10,000	More than £10,000 ...	More than £10,000 ...
Fixed costs	Fixed costs	The greater of—(a) £550; or(b) the total of—(i) £100; and(ii) 20% of the damages	The greater of—(a) £550; or(b) the total of—(i) £100; and(ii) 20% of the damages	The total of—(a) £1,100; and(b) 15% of damages over £5,000	The total of—(a) £1,100; and(b) 15% of damages over £5,000	The total of—(a) £1,930; and(b) 10% of damages over £10,000	The total of—(a) £1,930; and(b) 10% of damages over £10,000
B. If proceedings are issued under Part 7, but the case settles before trial	B. If proceedings are issued under Part 7, but the case settles before trial	B. If proceedings are issued under Part 7, but the case settles before trial	B. If proceedings are issued under Part 7, but the case settles before trial	B. If proceedings are issued under Part 7, but the case settles before trial	B. If proceedings are issued under Part 7, but the case settles before trial	B. If proceedings are issued under Part 7, but the case settles before trial	B. If proceedings are issued under Part 7, but the case settles before trial
Stage at which case is settled	Stage at which case is settled	On or after the date of issue, but prior to the date of allocation under Part 26	On or after the date of issue, but prior to the date of allocation under Part 26	On or after the date of allocation under Part 26, but prior to the date of listing	On or after the date of allocation under Part 26, but prior to the date of listing	On or after the date of listing but prior to the date of trial	On or after the date of listing but prior to the date of trial
Fixed costs	Fixed costs	The total of—(a) £1,160; and(b) 20% of the damages	The total of—(a) £1,160; and(b) 20% of the damages	The total of—(a) £1,880; and(b) 20% of the damages	The total of—(a) £1,880; and(b) 20% of the damages	The total of—(a) £2,655; and(b) 20% of the damages	The total of—(a) £2,655; and(b) 20% of the damages
*C. If the claim is disposed of at trial*	*C. If the claim is disposed of at trial*	*C. If the claim is disposed of at trial*	*C. If the claim is disposed of at trial*	*C. If the claim is disposed of at trial*	*C. If the claim is disposed of at trial*	*C. If the claim is disposed of at trial*	*C. If the claim is disposed of at trial*
Fixed costs	Fixed costs	The total of—(a) £2,655; and(b) 20% of the damages agreed or awarded; and(c) the relevant trial advocacy fee	The total of—(a) £2,655; and(b) 20% of the damages agreed or awarded; and(c) the relevant trial advocacy fee	The total of—(a) £2,655; and(b) 20% of the damages agreed or awarded; and(c) the relevant trial advocacy fee	The total of—(a) £2,655; and(b) 20% of the damages agreed or awarded; and(c) the relevant trial advocacy fee	The total of—(a) £2,655; and(b) 20% of the damages agreed or awarded; and(c) the relevant trial advocacy fee	The total of—(a) £2,655; and(b) 20% of the damages agreed or awarded; and(c) the relevant trial advocacy fee
D. Trial advocacy fee	D. Trial advocacy fee	D. Trial advocacy fee	D. Trial advocacy fee	D. Trial advocacy fee	D. Trial advocacy fee	D. Trial advocacy fee	D. Trial advocacy fee
Damages agreed orawarded	Not more than £3,000	Not more than £3,000	More than £3,000, but not more than £10,000	More than £3,000, but not more than £10,000	More than £10,000, but not more than £15,000	More than £10,000, but not more than £15,000	More than £15,000
Trial advocacy fee	£500	£500	£710	£710	£1,070	£1,070	£1,705

Application of fixed costs and disbursements – EL/PL Protocol and Pre-Action Protocol for Resolution of Package Travel Claims

45.29D

Subject to rules 45.29F, 45.29H and 45.29J, and for as long as the case is not allocated to the multi-track, in a claim started under the EL/PL Protocol or in a claim to which the Pre-Action Protocol for Resolution of Package Travel Claims applies, the only costs allowed are—

(a) fixed costs in rule 45.29E; and

(b) disbursements in accordance with rule 45.29I.

Amount of fixed costs – EL/PL Protocol

45.29E

(1) Subject to paragraph (2), the amount of fixed costs is set out—

(a) in respect of employers’ liability claims, in Table 6C; and

(b) in respect of public liability claims and claims to which the Pre-Action Protocol for Resolution of Package Travel Claims applies, in Table 6D.

(2) Where the claimant—

(a) lives or works in an area set out in Practice Direction 45; and

(b) instructs a legal representative who practises in that area,

the fixed costs will include, in addition to the costs set out in Tables 6C and 6D, an amount equal to 12.5% of the costs allowable under paragraph (1) and set out in table 6C and 6D.

(3) Where appropriate, VAT may be recovered in addition to the amount of fixed recoverable costs and any reference in this Section to fixed costs is a reference to those costs net of VAT.

(4) In Tables 6C and 6D—

(a) in Part B, “on or after” means the period beginning on the date on which the court respectively—

(i) issues the claim;

(ii) allocates the claim under Part 26; or

(iii) lists the claim for trial; and

(b) unless stated otherwise, a reference to “damages” means agreed damages; and

A. If Parties reach a settlement prior to the claimant issuing proceedings under Part 7	A. If Parties reach a settlement prior to the claimant issuing proceedings under Part 7	A. If Parties reach a settlement prior to the claimant issuing proceedings under Part 7	A. If Parties reach a settlement prior to the claimant issuing proceedings under Part 7	A. If Parties reach a settlement prior to the claimant issuing proceedings under Part 7	A. If Parties reach a settlement prior to the claimant issuing proceedings under Part 7	A. If Parties reach a settlement prior to the claimant issuing proceedings under Part 7	A. If Parties reach a settlement prior to the claimant issuing proceedings under Part 7
Agreed damages	Agreed damages	At least £1,500, but not more than £5,000	At least £1,500, but not more than £5,000	More than £5,000, but not more than £10,000	More than £5,000, but not more than £10,000	More than £10,000 ...	More than £10,000 ...
Fixed costs	Fixed costs	The total of—(a) £950; and(b) 17.5% of the damages	The total of—(a) £950; and(b) 17.5% of the damages	The total of—(a) £1,855; and(b) 12.5% of damages over £5,000	The total of—(a) £1,855; and(b) 12.5% of damages over £5,000	The total of—(a) £2,500; and(b) 10% of damages over £10,000	The total of—(a) £2,500; and(b) 10% of damages over £10,000
B. If proceedings are issued under Part 7, but the case settles before trial	B. If proceedings are issued under Part 7, but the case settles before trial	B. If proceedings are issued under Part 7, but the case settles before trial	B. If proceedings are issued under Part 7, but the case settles before trial	B. If proceedings are issued under Part 7, but the case settles before trial	B. If proceedings are issued under Part 7, but the case settles before trial	B. If proceedings are issued under Part 7, but the case settles before trial	B. If proceedings are issued under Part 7, but the case settles before trial
Stage at which case is settled	Stage at which case is settled	On or after the date of issue, but prior to the date of allocation under Part 26	On or after the date of issue, but prior to the date of allocation under Part 26	On or after the date of allocation under Part 26, but prior to the date of listing	On or after the date of allocation under Part 26, but prior to the date of listing	On or after the date of listing but prior to the date of trial	On or after the date of listing but prior to the date of trial
Fixed costs	Fixed costs	The total of—(a) £2,630; and(b) 20% of the damages	The total of—(a) £2,630; and(b) 20% of the damages	The total of—(a) £3,350; and(b) 25% of the damages	The total of—(a) £3,350; and(b) 25% of the damages	The total of—(a) £4,280; and(b) 30% of the damages	The total of—(a) £4,280; and(b) 30% of the damages
C. If the claim is disposed of at trial	C. If the claim is disposed of at trial	C. If the claim is disposed of at trial	C. If the claim is disposed of at trial	C. If the claim is disposed of at trial	C. If the claim is disposed of at trial	C. If the claim is disposed of at trial	C. If the claim is disposed of at trial
Fixed costs	Fixed costs	The total of—(a) £4,280;(b) 30% of the damages agreed or awarded; and(c) the relevant trial advocacy fee	The total of—(a) £4,280;(b) 30% of the damages agreed or awarded; and(c) the relevant trial advocacy fee	The total of—(a) £4,280;(b) 30% of the damages agreed or awarded; and(c) the relevant trial advocacy fee	The total of—(a) £4,280;(b) 30% of the damages agreed or awarded; and(c) the relevant trial advocacy fee	The total of—(a) £4,280;(b) 30% of the damages agreed or awarded; and(c) the relevant trial advocacy fee	The total of—(a) £4,280;(b) 30% of the damages agreed or awarded; and(c) the relevant trial advocacy fee
D. Trial advocacy fees	D. Trial advocacy fees	D. Trial advocacy fees	D. Trial advocacy fees	D. Trial advocacy fees	D. Trial advocacy fees	D. Trial advocacy fees	D. Trial advocacy fees
Damages agreed or awarded	Not more than £3,000	Not more than £3,000	More than £3,000, but not more than £10,000	More than £3,000, but not more than £10,000	More than £10,000, but not more than £15,000	More than £10,000, but not more than £15,000	More than £15,000
Trial advocacy fee	£500	£500	£710	£710	£1,070	£1,070	£1,705
*A. If Parties reach a settlement prior to the claimant issuing proceedings under Part 7*	*A. If Parties reach a settlement prior to the claimant issuing proceedings under Part 7*	*A. If Parties reach a settlement prior to the claimant issuing proceedings under Part 7*	*A. If Parties reach a settlement prior to the claimant issuing proceedings under Part 7*	*A. If Parties reach a settlement prior to the claimant issuing proceedings under Part 7*	*A. If Parties reach a settlement prior to the claimant issuing proceedings under Part 7*	*A. If Parties reach a settlement prior to the claimant issuing proceedings under Part 7*	*A. If Parties reach a settlement prior to the claimant issuing proceedings under Part 7*
---	---	---	---	---	---	---	---
Agreed damages	Agreed damages	At least £1,500, but not more than £5,000	At least £1,500, but not more than £5,000	More than £5,000, but not more than £10,000	More than £5,000, but not more than £10,000	More than £10,000 ...	More than £10,000 ...
Fixed costs	Fixed costs	The total of—(a) £950; and(b) 17.5% of the damages	The total of—(a) £950; and(b) 17.5% of the damages	The total of—(a) £1,855; and(b) 10% of damages over £5,000	The total of—(a) £1,855; and(b) 10% of damages over £5,000	The total of—(a) £2,370; and(b) 10% of damages over £10,000	The total of—(a) £2,370; and(b) 10% of damages over £10,000
B. If proceedings are issued under Part 7, but the case settles before trial	B. If proceedings are issued under Part 7, but the case settles before trial	B. If proceedings are issued under Part 7, but the case settles before trial	B. If proceedings are issued under Part 7, but the case settles before trial	B. If proceedings are issued under Part 7, but the case settles before trial	B. If proceedings are issued under Part 7, but the case settles before trial	B. If proceedings are issued under Part 7, but the case settles before trial	B. If proceedings are issued under Part 7, but the case settles before trial
Stage at which case is settled	Stage at which case is settled	On or after the date of issue, but prior to the date of allocation under Part 26	On or after the date of issue, but prior to the date of allocation under Part 26	On or after the date of allocation under Part 26, but prior to the date of listing	On or after the date of allocation under Part 26, but prior to the date of listing	On or after the date of listing but prior to the date of trial	On or after the date of listing but prior to the date of trial
Fixed costs damages	Fixed costs damages	The total of—(a) £2,450; and(b) 17.5% of the damages	The total of—(a) £2,450; and(b) 17.5% of the damages	The total of—(a) £3,065; and(b) 22.5% of the damages	The total of—(a) £3,065; and(b) 22.5% of the damages	The total of—(a) £3,790; and(b) 27.5% of the	The total of—(a) £3,790; and(b) 27.5% of the
C. If the claim is disposed of at trial	C. If the claim is disposed of at trial	C. If the claim is disposed of at trial	C. If the claim is disposed of at trial	C. If the claim is disposed of at trial	C. If the claim is disposed of at trial	C. If the claim is disposed of at trial	C. If the claim is disposed of at trial
Fixed costs	Fixed costs	The total of—(a) £3,790;(b) 27.5% of the damages agreed or awarded; and(c) the relevant trial advocacy fee	The total of—(a) £3,790;(b) 27.5% of the damages agreed or awarded; and(c) the relevant trial advocacy fee	The total of—(a) £3,790;(b) 27.5% of the damages agreed or awarded; and(c) the relevant trial advocacy fee	The total of—(a) £3,790;(b) 27.5% of the damages agreed or awarded; and(c) the relevant trial advocacy fee	The total of—(a) £3,790;(b) 27.5% of the damages agreed or awarded; and(c) the relevant trial advocacy fee	The total of—(a) £3,790;(b) 27.5% of the damages agreed or awarded; and(c) the relevant trial advocacy fee
D. Trial advocacy fees	D. Trial advocacy fees	D. Trial advocacy fees	D. Trial advocacy fees	D. Trial advocacy fees	D. Trial advocacy fees	D. Trial advocacy fees	D. Trial advocacy fees
Damages agreed or awarded	Not more than £3,000	Not more than £3,000	More than £3,000, but not more than £10,000	More than £3,000, but not more than £10,000	More than £10,000, but not more than £15,000	More than £10,000, but not more than £15,000	More than £15,000
Trial advocacy fee	£500	£500	£710	£710	£1,070	£1,070	£1,705

Defendants’ costs

45.29F

(1) In this rule—

(a) paragraphs (8) and (9) apply to assessments of defendants’ costs under Part 36;

(b) paragraph (10) applies to assessments to which the exclusions from qualified one way costs shifting in rules 44.15 and 44.16 apply; and

(2) If, in any case to which this Section applies, the court makes an order for costs in favour of the defendant—

(a) the court will have regard to; and

(b) the amount of costs order to be paid shall not exceed,

the amount which would have been payable by the defendant if an order for costs had been made in favour of the claimant at the same stage of the proceedings.

(3) For the purpose of assessing the costs payable to the defendant by reference to the fixed costs in Table 6, Table 6A, Table 6B, Table 6C and Table 6D, “value of the claim for damages” and “damages” shall be treated as references to the value of the claim.

(4) For the purposes of paragraph (3), “the value of the claim” is—

(a) the amount specified in the claim form, excluding—

(i) any amount not in dispute;

(ii) in a claim started under the RTA Protocol, any claim for vehicle related damages;

(iii) interest;

(iv) costs; and

(v) any contributory negligence;

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

(5) Where the defendant—

(a) lives, works or carries on business in an area set out in Practice Direction 45; and

(b) instructs a legal representative who practises in that area,

the costs will include, in addition to the costs allowable under paragraph (2), an amount equal to 12.5% of those costs.

(6) Where an order for costs is made pursuant to this rule, the defendant is entitled to disbursements in accordance with rule 45.29I

(7) Where appropriate, VAT may be recovered in addition to the amount of any costs allowable under this rule.

(8) Where, in a case to which this Section applies, a Part 36 offer is accepted, rule 36.20 will apply instead of this rule.

(9) Where, in a case to which this Section applies, upon judgment being entered, the claimant fails to obtain a judgment more advantageous than the defendant’s Part 36 offer, rule 36.21 will apply instead of this rule.

(10) Where, in a case to which this Section applies, any of the exceptions to qualified one way costs shifting in rules 44.15 and 44.16 is established, the court will assess the defendant’s costs without reference to this rule.

Counterclaims under the RTA Protocol

45.29G

(1) If in any case to which this Section applies—

(a) the defendant brings a counterclaim which includes a claim for personal injuries to which the RTA Protocol applies;

(b) the counterclaim succeeds; and

rules 45.29B, 45.29C, 45.29I, 45.29J, 45.29K and 45.29L shall apply.

(2) Where a successful counterclaim does not include a claim for personal injuries—

(a) the order for costs of the counterclaim shall be for a sum equivalent to one half of the applicable Type A and Type B costs in Table 6;

(b) where the defendant—

(i) lives, works, or carries on business in an area set out in Practice Direction 45; and

(ii) instructs a legal representative who practises in that area,

the costs will include, in addition to the costs allowable under paragraph (a), an amount equal to 12.5% of those costs;

(c) if an order for costs is made pursuant to this rule, the defendant is entitled to disbursements in accordance with rule 45.29I; and

(d) where appropriate, VAT may be recovered in addition to the amount of any costs allowable under this rule.

Interim applications

45.29H

(1) Where the court makes an order for costs of an interim application to be paid by one party in a case to which this Section applies, the order shall be for a sum equivalent to one half of the applicable Type A and Type B costs in Table 6 or 6A.

(1A) Where the order for costs is made in a claim to which the Pre-Action Protocol for Resolution of Package Travel Claims applies, the order shall be for a sum equivalent to one half of the applicable Type A and Type B costs in Table 6A.

(2) Where the party in whose favour the order for costs is made—

(a) lives, works or carries on business in an area set out in Practice Direction 45; and

(b) instructs a legal representative who practises in that area,

the costs will include, in addition to the costs allowable under paragraph (1), an amount equal to 12.5% of those costs.

(3) If an order for costs is made pursuant to this rule, the party in whose favour the order is made is entitled to disbursements in accordance with rule 45.29I.

(4) Where appropriate, VAT may be recovered in addition to the amount of any costs allowable under this rule.

Disbursements

45.29I

(1) Subject to paragraphs (2A) to (2E), the court—

(a) may allow a claim for a disbursement of a type mentioned in paragraphs (2) or (3); but

(b) will not allow a claim for any other type of disbursement.

(2) In a claim started under the RTA Protocol, the EL/PL Protocol or the Pre-Action Protocol for Resolution of Package Travel Claims, the disbursements referred to in paragraph (1) are—

(a) the cost of obtaining medical records and expert medical reports as provided for in the relevant Protocol;

(b) the cost of any non-medical expert reports as provided for in the relevant Protocol;

(d) court fees;

(e) any expert’s fee for attending the trial where the court has given permission for the expert to attend;

(f) expenses which a party or witness has reasonably incurred in travelling to and from a hearing or in staying away from home for the purposes of attending a hearing;

(g) a sum not exceeding the amount specified in Practice Direction 45 for any loss of earnings or loss of leave by a party or witness due to attending a hearing or to staying away from home for the purpose of attending a hearing; and

(h) any other disbursement reasonably incurred due to a particular feature of the dispute.

(2A) In a soft tissue injury claim , or a claim which consists of, or includes, a claim for a whiplash injury, started under the RTA Protocol, the only sums (exclusive of VAT) that are recoverable in respect of the cost of obtaining a fixed cost medical report or medical records are as follows—

(a) obtaining the first report from an accredited medical expert selected via the MedCo Portal: £180;

(b) obtaining a further report where justified from an expert from one of the following disciplines—

(i) Consultant Orthopaedic Surgeon (inclusive of a review of medical records where applicable): £420;

(ii) Consultant in Accident and Emergency Medicine: £360;

(iii) General Practitioner registered with the General Medical Council: £180; or

(iv) Physiotherapist registered with the Health and Care Professions Council: £180;

(c) obtaining medical records: no more than £30 plus the direct cost from the holder of the records, and limited to £80 in total for each set of records required. Where relevant records are required from more than one holder of records, the fixed fee applies to each set of records required;

(d) addendum report on medical records (except by Consultant Orthopaedic Surgeon): £50; and

(e) answer to questions under Part 35: £80.

(2B) Save in exceptional circumstances, no fee may be allowed for the cost of obtaining a report to which paragraph (2A) applies where the medical expert—

(a) has provided treatment to the claimant;

(b) is associated with any person who has provided treatment; or

(2C) The cost of obtaining a further report from an expert not listed in paragraph (2A)(b) is not fixed, but the use of that expert and the cost must be justified.

(2D) Where appropriate, VAT may be recovered in addition to the cost of obtaining a fixed cost medical report or medical records.

(2E) In this rule, ‘accredited medical expert’, ‘associate’, ‘associated with’, ‘fixed cost medical report’ ‘MedCo’ , ‘soft tissue injury claim’ and ‘whiplash injury’ have the same meaning as in paragraph 1.1(A1), (1A), (10A), (12A), (16A) and (20), respectively, of the RTA Protocol.

(3) In a claim started under the RTA Protocol only, the disbursements referred to in paragraph (1) are also the cost of—

(a) an engineer’s report; and

(b) a search of the records of the—

(i) Driver Vehicle Licensing Authority; and

(ii) Motor Insurance Database.

Claims for an amount of costs exceeding fixed recoverable costs

45.29J

(1) If it considers that there are exceptional circumstances making it appropriate to do so, the court will consider a claim for an amount of costs (excluding disbursements) which is greater than the fixed recoverable costs referred to in rules 45.29B to 45.29H.

(2) If the court considers such a claim to be appropriate, it may—

(a) summarily assess the costs; or

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

(3) If the court does not consider the claim to be appropriate, it will make an order—

(a) if the claim is made by the claimant, for the fixed recoverable costs; or

(b) if the claim is made by the defendant, for a sum which has regard to, but which does not exceed the fixed recoverable costs,

and any permitted disbursements only.

Failure to achieve costs greater than fixed recoverable costs

45.29K

(1) This rule applies where—

(a) costs are assessed in accordance with rule 45.29J(2); and

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

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

(a) the fixed recoverable costs; and

(b) the assessed costs.

Costs of the costs-only proceedings or the detailed assessment

45.29L

(1) Where—

(a) the court makes an order for costs in accordance with rule 45.29J(3); or

(b) rule 45.29K applies,

the court may—

(i) decide not to award the party making the claim the costs of the costs only proceedings or detailed assessment; and

(ii) make orders in relation to costs that may include an order that the party making the claim pay the costs of the party defending those proceedings or that assessment.

Setting a trial timetable and ... confirming the trial date or week

Disclosure ...

63.17A

(1) In proceedings in the Intellectual Property Enterprise Court in which a claim is made for damages or an account of profits, the amount or value of that claim shall not exceed £500,000.

(2) In determining the amount or value of a claim for the purpose of paragraph (1), a claim for—

(a) interest, other than interest payable under an agreement; or

(b) costs,

shall be disregarded.

(3) Paragraph (1) shall not apply if the parties agree that the Intellectual Property Enterprise Court shall have jurisdiction to award damages or profits in excess of £500,000.

Enterprise judges and District Judges

Requests made by the court to the European Court

68.5

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

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

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

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

Referral to the Mediation Service

26.4A

(1) This rule applies to claims started in the County Court which would normally be allocated to the small claims track pursuant to rule 26.6.

(2) This rule does not apply to—

(a) road traffic accident, personal injury or housing disrepair claims; or

(b) any claim in which any party to the proceedings does not agree to referral to the Mediation Service.

(3) In this rule, “the Mediation Service” means the Small Claims Mediation Service operated by His Majesty’s Courts and Tribunals Service.

(4) Where all parties indicate on their directions questionnaire that they agree to mediation, the claim will be referred to the Mediation Service.

(5) If a claim to which this rule applies is settled, the proceedings will automatically be stayed with permission to apply for—

(a) judgment for the unpaid balance of the outstanding sum of the settlement agreement; or

(b) the claim to be restored for hearing of the full amount claimed,

unless the parties have agreed that the claim is to be discontinued or dismissed.

Allocation

Scope of each track

General rule for allocation

Matters relevant to allocation to a track

Notice of allocation

Re-allocation

Trial with a jury

Stay of execution and other relief

40.8A

Without prejudice to rule 83.7(1), a party against whom a judgment has been given or an order made may apply to the court for—

(a) a stay of execution of the judgment or order; or

(b) other relief,

on the ground of matters which have occurred since the date of the judgment or order, and the court may by order grant such relief, and on such terms, as it thinks just.

Who may apply to set aside or vary a judgment or order

County Court judgments and orders - variation of payment

40.9A

(1) In this rule—

(a) “creditor” means the person entitled to the benefit of a judgment or order;

(b) “debtor” means the person liable to make the payment under the judgment or order; and

(2) Where a judgment or order has been given or made in the County Court for the payment of money, the creditor or, as the case may be, the debtor may apply in accordance with this rule for a variation in the date or rate of payment.

(3) The creditor may apply in writing, without notice being served on any other party, for an order that the money—

(a) if payable in one sum, be paid—

(i) at a later date than that by which it is due; or

(ii) by instalments; or

(b) if already payable by instalments, be paid by the same or smaller instalments,

and the court officer may make an order accordingly, subject to paragraph (4).

(4) If no payment has been made under the judgment or order for 6 years before the date of the application, the court officer must refer the application to the District Judge.

(5) The creditor may apply to the District Judge in writing and on notice for an order that the money—

(a) if payable in one sum, be paid at an earlier date than that by which it is due; or

(b) if payable by instalments, be paid in one sum or by larger instalments.

(6) Any application under paragraph (5) must state the proposed terms and the grounds on which it is made.

(7) Where an application is made under paragraph (5)—

(a) the proceedings will be automatically transferred to the debtor’s home court if the judgment or order was not given or made in that court; and

(b) the court officer will fix a day for the hearing of the application before the District Judge and give to the creditor and the debtor not less than 8 days’ notice of the day so fixed.

(8) The debtor may apply for an order that the money—

(a) if payable in one sum, be paid at a later date than that by which it is due or by instalments; or

(b) if already payable by instalments, be paid by smaller instalments.

(9) Any application under paragraph (8) must—

(a) be in the appropriate form;

(b) state the proposed terms;

(d) include a signed statement of the debtor’s means.

(10) Where an application is made under paragraph (8), the court officer will—

(a) send the creditor a copy of the debtor’s application and statement of means; and

(b) require the creditor to notify the court in writing, within 14 days of service of notification, giving reasons for any objection the creditor may have to the granting of the application.

(11) If the creditor does not notify the court of any objection within the time stated, the court officer will make an order in the terms applied for.

(12) Upon receipt of a notice from the creditor under paragraph (10), the court officer may determine the date and rate of payment and make an order accordingly.

(13) Any party affected by an order made under paragraph (12) may, within 14 days of service of the order and giving reasons, apply on notice for the order to be re-considered and, where such an application is made—

(a) the proceedings will be automatically transferred to the debtor’s home court if the judgment or order was not given or made in that court; and

(b) the court officer shall fix a day for the hearing of the application before the District Judge and give to the creditor and the debtor not less than 8 days’ notice of the day so fixed.

(14) On hearing an application under paragraph (13), the District Judge may confirm the order or set it aside and make such new order as the District Judge thinks fit and the order so made will be entered in the records of the court.

(15) Any order made under any of the foregoing paragraphs may be varied from time to time by a subsequent order made under any of those paragraphs.

Judgment against a State in default of acknowledgment of service

Time for complying with a judgment or order

Correction of errors in judgments and orders

Cases where court gives judgment both on claim and counterclaim

County Court set-off of cross-judgments

40.13A

(1) This rule applies to applications under section 72 of the County Courts Act 1984 for permission to set off any sums, including costs, payable under several judgments or orders each of which was obtained in the County Court.

(2) Where the judgments or orders have been obtained in the same County Court hearing centre, the application—

(a) may be made to that hearing centre on the day when the last judgment or order is obtained, if both parties are present; and

(b) in any other case must be made on notice.

(3) Where the judgments or orders have been obtained in different County Court hearing centres, the application may be made to any of them on notice.

(4) The District Judge located at the hearing centre to which the application is made will—

(a) forthwith stay execution on any judgment or order to which the application relates; and

(b) notify any hearing centre that made the relevant judgments or orders of the stay.

(5) Where execution has been stayed under paragraph (4), any money paid into court under the judgment or order will be retained until the application has been disposed of and the court has directed how any money paid into court is to be dealt with.

(6) Paragraphs (7) and (8) apply where an order is made by the High Court giving permission to set off sums payable under several judgments and orders obtained respectively in the High Court and the County Court.

(7) The High Court will send to the County Court a copy of the order giving permission, and the County Court will deal with any money paid into court in accordance with that order.

(8) The court officer of the County Court will enter satisfaction in the County Court records for any sums ordered to be set off, and execution or other process for the enforcement of any judgment or order not wholly satisfied will issue only for the balance remaining payable.

Judgment in favour of certain part owners relating to the detention of goods

County Court certificate of judgment

40.14A

(1) Any person who wishes to have a certificate of any judgment or order given or made in a claim in the County Court (“the applicant”) may make a request in writing to the court.

(2) If the applicant is a party to the claim, the request must state whether the certificate—

(a) is required for the purpose of taking proceedings on the judgment or order in another court;

(b) is required for the purpose of enforcing the judgment or order in the High Court; or

(3) If the applicant is not a party to the claim, the request must state—

(a) the purpose for which the certificate is required;

(b) the capacity in which the person asks for the certificate; and

(4) Where the certificate is required for the purpose of enforcing the judgment or order in the High Court, the applicant must also either—

(a) state that—

(i) it is intended to enforce the judgment or order by execution against goods; or

(ii) the judgment or order to be enforced is an order for possession of land made in a possession claim against trespassers; or

(b) confirm that an application has been made for an order under section 42 of the County Courts Act 1984 (transfer to High Court by order of the County Court) and attach a copy of the application to the request for a certificate.

(5) Where the applicant making the request is not a party to the claim, the request will be referred to the District Judge, who may refer it to the judge.

(6) Without prejudice to paragraph (5), for the purposes of section 12(2) of the County Courts Act 1984 a certificate under this rule may be signed by a court officer.

Order of appeal court

40.14B

Where the Court of Appeal or High Court has heard and determined an appeal from the County Court, the party entitled to the benefit of the order of the appeal court must deposit the order or an office copy of it in the office of the relevant hearing centre of the County Court.

52.21

(1) Every appeal will be limited to a review of the decision of the lower court unless—

(a) a practice direction makes different provision for a particular category of appeal; or

(b) the court considers that in the circumstances of an individual appeal it would be in the interests of justice to hold a re-hearing.

(2) Unless it orders otherwise, the appeal court will not receive—

(a) oral evidence; or

(b) evidence which was not before the lower court.

(3) The appeal court will allow an appeal where the decision of the lower court was—

(a) wrong; or

(b) unjust because of a serious procedural or other irregularity in the proceedings in the lower court.

(4) The appeal court may draw any inference of fact which it considers justified on the evidence.

(5) At the hearing of the appeal, a party may not rely on a matter not contained in that party’s appeal notice unless the court gives permission.

General

Specialist list

Application of the Civil Procedure Rules

Further provision about Planning Court claims

Determining the application

Service of order

Costs

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

70.2A

(1) In this rule “disobedient party” means a party who has not complied with a mandatory order, an injunction or a judgment or order for the specific performance of a contract.

(2) Subject to paragraph (4), if a mandatory order, an injunction or a judgment or order for the specific performance of a contract is not complied with, the court may direct that the act required to be done may, so far as practicable, be done by another person, being—

(a) the party by whom the order or judgment was obtained; or

(b) some other person appointed by the court.

(3) Where paragraph (2) applies—

(a) the costs to another person of doing the act will be borne by the disobedient party;

(b) upon the act being done the expenses incurred may be ascertained in such manner as the court directs; and

(4) Paragraph (2) is without prejudice to—

(a) the court’s powers under section 39 of the Senior Courts Act 1981; and

(b) the court’s powers to punish the disobedient party for contempt.

Transfer of proceedings for enforcement

Enforcement of judgment or order by or against non-party

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

Effect of setting aside judgment or order

Local authority warrant of control

PART 83 — Writs and Warrants – General Provisions

	SECTION I SCOPE AND INTERPRETATION
83.1	Scope and interpretation

	SECTION II WRITS AND WARRANTS
83.2	Writsand warrants of control, writs of execution, warrants of delivery and warrants of possession – permission to issue certain writs or warrants
. . .	. . .
83.3	Writsand warrants other than those conferring a power to use the TCG procedure – duration and priority
83.4	Writsand warrants conferring a power to use the TCG procedure – duration and priority
83.5	Writsand warrants – separate enforcement of costs
83.6	Writsand warrants other than those conferring a power to use the TCG procedure – levying execution on certain days
83.7	Writsof control and warrants – power to stay execution or grant other relief
83.8	Writs and warrants – information about execution of the writ or warrant

	SECTION III WRITS
83.9	Issue of writs of execution and writs of control
83.10	Writs of control and writs of delivery – description of parties
83.11	Writsrelating to ecclesiastical property
83.12	Writsother than those conferring a power to use the TCG procedure – order for sale otherwise than by auction
83.13	Enforcement in the High Court of a judgment or order for possession of land
83.14	Enforcement in the High Court of a judgment or order for delivery of goods
Rule 83.14A	Application for permission to issue writ of sequestration

	SECTION IV WARRANTS
83.15	Application for warrant of control or warrant of delivery
83.16	Warrant of control or warrant of delivery – opposition by debtor and debtor’s request for transfer
83.17	Warrant of control or warrant of delivery – execution of High Court judgment
83.18	Warrants of control and warrants of delivery – description of parties
83.19	Creditor’s request for transfer to the High Court for enforcement
83.20	Warrants of control – bankruptcy or winding up of debtor
83.21	Warrants where the debtor is a farmer
83.22	Warrants – withdrawal and suspension of warrant at creditor’s request
83.23	Warrants of delivery
83.24	Warrants of delivery other than those conferring a power to use the TCG procedure – notice and inventory requirements
83.25	Warrants of delivery conferring a power to use the TCG procedure – notice of enforcement and inventory requirements
83.26	Warrants of possession
83.27	Saving for enforcement by contempt proceedings
83.28	Suspension of part warrant
83.29	Concurrent warrants

SECTION I — Scope and Interpretation

Scope and interpretation

83.1

(1) This Part contains general rules about writs and warrants as follows—

(a) Section II relates to writs and warrants;

(b) Section III relates to writs only; and

(2) In this Part—

(a) “the Act” means the Tribunals, Courts and Enforcement Act 2007;

(b) “the creditor” means a person who has obtained or who is entitled to enforce a judgment or order;

(d) “enforcement agent” has the meaning given in paragraph 2(1) of Schedule 12;

(e) “enforcement officer” means an individual who is authorised to act as an enforcement officer under Schedule 7 to the Courts Act 2003;

(f) “relevant enforcement officer” means—

(i) in relation to a writ of execution or a writ of control which is directed to a single enforcement officer, that officer; and

(ii) in relation to a writ of execution or writ of control which is directed to two or more enforcement officers, the officer to whom the writ is allocated;

(g) “Schedule 12” means Schedule 12 to the Act;

(h) “TCG procedure” means the procedure in Schedule 12 to take control of goods and sell them to recover a sum in accordance with that Schedule and regulations made under it;

(i) “TCG Regulations” means the Taking Control of Goods Regulations 2013;

(j) “warrant of control” is to be construed in accordance with section 62(4) of the Act;

(k) “writ of control” is to be construed in accordance with section 62(4) of the Act;

(l) “writ of execution” includes—

(i) a writ of possession;

(ii) a writ of delivery;

(iii) a writ of sequestration;

(iv) a writ of fieri facias de bonis ecclesiasticis,

and any further writ in aid of any such writs, but does not include a writ of control.

(3) This Part does not apply where an application is made seeking confiscation of assets as a punishment for contempt of court. Any such application must be made under Part 81 and not under this Part.

SECTION II — Writs and Warrants

Writs and warrants of control, writs of execution, warrants of delivery and warrants of possession – permission to issue certain writs or warrants

83.2

(1) This rule applies to—

(a) writs and warrants of control;

(b) writs of execution;

(d) warrants of possession.

(2) A writ or warrant to which this rule applies is referred to in this rule as a “relevant writ or warrant”.

(3) A relevant writ or warrant must not be issued without the permission of the court where—

(a) six years or more have elapsed since the date of the judgment or order;

(b) any change has taken place, whether by death or otherwise, in the parties—

(i) entitled to enforce the judgment or order; or

(ii) liable to have it enforced against them;

(c) the judgment or order is against the assets of a deceased person coming into the hands of that person’s executors or administrators after the date of the judgment or order, and it is sought to issue execution against such assets;

(d) any goods to be seized under a relevant writ or warrant are in the hands of a receiver appointed by a court or sequestrator;

(e) under the judgment or order, any person is entitled to a remedy subject to the fulfilment of any condition, and it is alleged that the condition has been fulfilled (other than where non-compliance with the terms of suspension of enforcement of the judgment or order is the failure to pay money); ...

(f) the permission sought is for a writ of control or writ of execution, and that writ is to be in aid of another writ of control or execution; or

(g) an application is made for a writ of sequestration.

(Rule 83.14A makes provision for applications for permission to issue a writ of sequestration.)

(4) An application for permission may be made in accordance with Part 23 and must—

(a) identify the judgment or order to which the application relates;

(b) if the judgment or order is for the payment of money, state the amount originally due and, if different, the amount due at the date the application notice is filed;

(d) where the case falls within paragraph (3)(b), state the change which has taken place in the parties entitled or liable to execution since the date of the judgment or order;

(e) where the case falls within paragraph (3)(c) or (d), state that a demand to satisfy the judgment or order was made on the person liable to satisfy it and that that person has refused or failed to do so;

(f) give such other information as is necessary to satisfy the court that the applicant is entitled to proceed to execution on the judgment or order, and that the person against whom it is sought to issue execution is liable to execution on it.

(5) An application for permission may be made without notice being served on any other party unless the court directs otherwise.

(6) If because of one event, an applicant seeks permission under paragraph (3)(b) to enforce more than one judgment or order, the applicant need only make one application for permission.

(7) Where paragraph (6) applies—

(a) a schedule must be attached to the application for permission, specifying all the judgments or orders in respect of which the application for permission is made; and

(b) if the application notice is directed to be served on any person, it need set out only such part of the application as affects that person.

(7A) Where—

(a) the court grants permission, under this rule or otherwise, for the issue of a writ of execution or writ of control (“the permission order”); and

(b) the writ is not issued within one year after the date of the permission order,

the permission order will cease to have effect.

(7B) Where a permission order has ceased to have effect, the court may grant a fresh permission order.

(8) Paragraph (3) is without prejudice to section 2 of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 and any enactment, rule or direction by virtue of which a person is required to obtain the permission of the court for the issue of a warrant or to proceed to execution or otherwise to the enforcement of a judgment or order.

Writs and warrants other than those conferring a power to use the TCG procedure – duration and priority

83.3

(1) This rule applies to—

(a) writs of execution;

(b) warrants of possession; and

other than writs of execution or warrants that confer a power to use the TCG procedure.

(2) A writ or warrant to which this rule applies is referred to in this rule as a “relevant writ or warrant”, “relevant writ” or “relevant warrant” as appropriate.

(3) Subject to paragraph (4), for the purposes of execution, a writ or warrant will be valid for the period of 12 months beginning with the date of its issue.

(4) The court may extend the relevant writ or warrant from time to time for a period of 12 months at any one time.

(5) If the application is made before the expiry of the period of 12 months, the period of extension will begin on the day after the expiry.

(6) If the application is made after the expiry of the period of 12 months, any period of extension will begin on any day after the expiry that the court may allow.

(7) Before a relevant writ that has been extended is executed—

(a) the court will seal the writ; or

(b) the applicant for the extension order must serve a notice sealed as described in subparagraph (a) on the relevant enforcement officer informing that officer of the making of the extension order and the date of that order.

(8) In relation to a relevant warrant, the court will endorse the warrant with a note of the renewal or extension.

(9) Irrespective of whether it has been extended under paragraph (4)—

(a) the priority of a relevant writ will be determined by reference to the time it is originally received by the person who is under a duty to endorse it; and

(b) the priority of a relevant warrant will be determined by reference to the date on which it was originally issued.

(10) The production of the following will be evidence that the relevant writ or warrant has been extended—

(a) the writ sealed in accordance with paragraph (7)(a);

(b) the notice sealed in accordance with paragraph (7)(b);

(11) If, during the validity of a relevant writ, a person makes an application under Part 85 in relation to an execution under that writ, the validity of the writ will be extended until the expiry of 12 months from the conclusion of the proceedings under Part 85.

Writs and warrants conferring a power to use the TCG procedure – duration and priority

83.4

(1) This rule applies to—

(a) a writ of control;

(b) a warrant of control; and

(2) A writ or warrant to which this rule applies is referred to in this rule as a “relevant writ or warrant”, “relevant writ” or “relevant warrant” as appropriate.

(3) A relevant writ or warrant will be valid for the period in which an enforcement agent may take control of the goods in question, as specified in regulation 9(1) of the TCG Regulations.

(4) If a period in which to take control of goods is extended by the court under regulation 9(3) of the TCG Regulations, the validity of the relevant writ or warrant will be extended for the same period.

(Rule 84.5 contains provisions about applications to the court requesting a time extension.)

(5) Irrespective of whether it has been extended under regulation 9(3) of the TCG Regulations—

(a) the priority of a relevant writ will be determined by reference to the time it is originally received by the person who is under a duty to endorse it; and

(b) the priority of a relevant warrant will be determined by reference to the date on which it was originally issued.

(6) The production of—

(a) the extension order granted under regulation 9(3) of the TCG Regulations, or a copy of it; or

(b) the relevant writ or warrant endorsed in accordance with rule 84.5(3)(b), or a copy of it,

will be evidence that the writ or warrant has been extended.

(7) If, during the validity of a relevant writ or warrant, a person makes an application under Part 85 in relation to goods taken into control under that writ or warrant, the validity of the writ or warrant will be extended until the expiry of 12 months from the conclusion of the proceedings under Part 85.

Writs and warrants – separate enforcement of costs

83.5

(1) Where—

(a) judgment is given or an order made for—

(i) payment of a sum otherwise than by instalments (“the sum”); and

(ii) costs to be assessed; and

(b) default is made in payment of the sum before the costs have been assessed,

a writ of control or warrant of control (as appropriate) may be issued for the recovery of the sum.

(2) If—

(a) paragraph (1) applies;

(b) a writ or warrant is issued for the recovery of the sum;

(d) default is made in payment of the costs,

a separate writ of control or warrant of control may be issued for the recovery of the costs.

(3) A party entitled to enforce a judgment or order of the High Court for—

(a) the delivery of any property, other than money; or

(b) possession of any property,

may issue a separate writ of control to enforce payment of any damages or costs awarded to that party by that judgment or order.

(4) A party entitled to enforce a judgment or order of the County Court by warrant of delivery may issue a separate warrant of control to enforce payment of any damages or costs awarded to that party by that judgment or order.

Writs and warrants other than those conferring a power to use the TCG procedure – levying execution on certain days

83.6

(1) This rule applies to writs and warrants other than—

(a) writs of control;

(b) warrants of control; and

(2) Where a writ or warrant is not a writ of control or warrant of control but nevertheless confers the power to use the TCG procedure, this rule applies to the parts of the writ or warrant that do not confer the power to use the TCG Procedure.

(3) Unless the court orders otherwise, a writ or warrant to enforce a judgment or order must not be executed on a Sunday, Good Friday or Christmas Day.

Writs of control and warrants – power to stay execution or grant other relief

83.7

(1) At the time that a judgment or order for payment of money is made or granted, or at any time thereafter, the debtor or other party liable to execution of a writ of control or a warrant may apply to the court for a stay of execution.

(2) The power of the court to stay execution of a warrant of control may be exercised by a District Judge, or a court officer where paragraph (10) applies, and the power of the court to stay execution of any other warrant or of a writ of control may be exercised by a Master or District Judge.

(3) Where the application for a stay of execution is made on the grounds of the applicant’s inability to pay, the witness statement required by paragraph (6)(b) must disclose the debtor’s means.

(4) If the court is satisfied that—

(a) there are special circumstances which render it inexpedient to enforce the judgment or order; or

(b) the applicant is unable from any reason to pay the money,

then, notwithstanding anything in paragraph (5) or (6), the court may by order stay the execution of the judgment or order, either absolutely or for such period and subject to such conditions as the court thinks fit.

(5) An application under this rule, if not made at the time the judgment is given or order made—

(a) must be made in accordance with Part 23, as modified by paragraphs (6) to (14); and

(b) may be made even if the party liable to execution did not acknowledge service of the claim form or serve a defence or take any previous part in the proceedings.

(6) The grounds on which an application under this rule is made must—

(a) be set out in the application notice; and

(b) be supported by a witness statement made by or on behalf of the applicant substantiating the grounds.

(7) Paragraphs (8) to (15) apply to applications in the County Court.

(8) Where the debtor makes an application in the County Court, the court will—

(a) send the creditor a copy of the debtor’s application (and statement of means); and

(b) require the creditor to notify the court in writing whether or not the creditor objects to the application, within 14 days of service of the notification, giving reasons for any objection the creditor may have to the granting of the application.

(9) If the creditor does not notify the court of any objection within the time stated, the court officer may make an order suspending the warrant on terms of payment.

(10) Upon receipt of a notice by the creditor under paragraph (8)(b), the court officer may, if the creditor agrees, or objects only to the terms offered, determine the date and rate of payment and make an order suspending the warrant on terms of payment.

(11) Any party affected by an order made under paragraph (10) may, within 14 days of service of the order on that party and giving reasons, apply on notice for the order to be reconsidered.

(12) If a party applies for the order to be reconsidered, the court will—

(a) fix a day for the hearing of the application before the District Judge; and

(b) give to the creditor and the debtor not less than 8 days’ notice of the day so fixed.

(13) On hearing an application under paragraph (11), the District Judge may confirm the order or set it aside and make such new order as the court thinks fit.

(14) Where the creditor states in the notice under paragraph (8)(b) that the creditor wishes the enforcement agent to proceed to execute the warrant, the court will—

(a) fix a day for a hearing before the District Judge of the debtor’s application; and

(b) give to the creditor and to the debtor not less than 2 days’ notice of the day so fixed.

(15) Where an order is made by the District Judge suspending a warrant of execution, the debtor may be ordered to pay the costs of the warrant and any fees or expenses incurred before its suspension and the order may authorise the sale of a sufficient portion of any goods seized to cover such costs, fees and expenses and the expenses of sale.

Writs and warrants – information about execution of the writ or warrant

83.8

(1) If the creditor or debtor serves notice on the enforcement agent or enforcement officer requiring reasonable information about the execution of a writ or warrant, the enforcement agent or enforcement officer must send such information to the creditor or debtor within 7 days of service of the notice.

(2) If the enforcement agent or enforcement officer fails to comply with the notice, the party who served the notice may apply to the court for an order directing the enforcement agent or enforcement officer to comply with the notice.

SECTION III — Writs

Issue of writs of execution and writs of control

83.9

(1) In this rule “the appropriate office” means—

(a) where the proceedings in which execution is to issue are in a District Registry, that Registry;

(b) where the proceedings are in the Principal Registry of the Family Division, that Registry;

(c) where the proceedings are Admiralty proceedings or commercial proceedings which are not in a District Registry, the Admiralty and Commercial Registry;

(ca) where the proceedings are in the Chancery Division, Chancery Chambers;

(d) in any other case, the Central Office of the Senior Courts.

(2) Issue of a writ of execution or control takes place on its being sealed by a court officer of the appropriate office.

(3) Before a writ is issued a request for its issue must be filed.

(4) The request must be signed—

(a) by the person entitled to execution, if acting in person; or

(b) by or on behalf of the solicitor of the person entitled to execution.

(5) Subject to paragraph (5A), the writ will not be sealed unless at the time it is presented for sealing—

(a) the person presenting the writ produces—

(i) the judgment or order on which the writ is to issue, or an office copy of it;

(ii) where permission was required for the writ to be issued, the order granting such permission or evidence of the granting of it;

(iii) where judgment on failure to acknowledge service has been entered against a State, as defined in section 14 of the State Immunity Act 1978, evidence that the State has been served in accordance with rule 40.10 and that the judgment has taken effect; and

(b) the court officer authorised to seal it is satisfied that the period, if any, specified in the judgment or order for the payment of any money or the doing of any other act under the judgment or order has expired.

(5A) Where a request is made for a writ of possession to enforce a notice under section 33D of the Immigration Act 2014 (termination of agreement where all occupiers disqualified), a copy of that notice must be filed with the request instead of the judgment or order required by paragraph (5)(a)(i).

(6) Every writ of execution or control will bear the date of the day on which it is issued.

Writs of control and writs of delivery – description of parties

83.10

(1) This rule applies where the name or address of the creditor or debtor as given in the request for the issue of the following differs from that person’s name or address in the judgment or order sought to be enforced—

(a) a writ of control;

(b) writ of delivery.

(2) If the creditor files a witness statement that satisfies the court officer that the name or address as given in the request is applicable to the person concerned, the creditor or the debtor will be described in the writ as “CD of [name and address as given in the request] suing [or sued] as AD of [name and address in the judgment or order]”.

Writs relating to ecclesiastical property

83.11

(1) In this rule, “a writ relating to ecclesiastical property” means—

(a) a writ of fieri facias de bonis ecclesiasticis; or

(b) a writ of sequestrari de bonis ecclesiasticis.

(2) This rule applies where it appears upon the return of any writ of control that the person against whom the writ was issued—

(a) has no goods or chattels in the district of the relevant enforcement officer; but

(b) is the incumbent of a benefice named in the return.

(3) After the writ and return have been filed, the party by whom the writ of control was issued may issue a writ relating to ecclesiastical property.

(4) Any such writ must be directed and delivered to the bishop of the diocese within which that benefice is, to be executed by that bishop.

(5) The only fees allowed to the bishop or diocesan officer for the execution of the writ are those authorised by or under any enactment, including any measure of the General Synod.

Writs other than those conferring a power to use the TCG procedure – order for sale otherwise than by auction

83.12

(1) This rule applies in relation to writs that do not confer a power to use the TCG procedure.

(2) A court order under paragraph 10 of Schedule 7 to the Courts Act 2003 that a sale of goods seized under an execution may be made otherwise than by public auction may be made on the application of—

(a) the person at whose instance the writ of execution under which the sale is to be made was issued;

(b) the person against whom that writ was issued (in this rule referred to as “the judgment debtor”); or

(3) Such an application must be made in accordance with Part 23.

(4) Where the applicant for an order under this rule is not the enforcement officer, the enforcement officer must, on the demand of the applicant, send to the applicant a list, stating—

(a) whether the enforcement officer has notice of the issue of another writ or writs of execution against the goods of the judgment debtor; and

(b) so far as is known to the enforcement officer, the name and address of every creditor who has obtained the issue of another such writ of execution.

(5) Where the enforcement officer is the applicant, the enforcement officer must prepare such a list.

(6) Not less than 3 days before the hearing, the applicant must serve the application notice on each of the other persons by whom the application might have been made and on every person named in the list prepared under paragraph (4) or (5).

(7) Service of the application notice on a person named in the list prepared under paragraph (4) or (5) is notice to that person for the purpose of paragraph 10(3) of Schedule 7 to the Courts Act 2003.

(8) The applicant must produce the list prepared under paragraph (4) or (5) to the court on the hearing of the application.

(9) Every person on whom the application notice was served may attend and be heard on the hearing of the application.

Enforcement in the High Court of a judgment or order for possession of land

83.13

(1) A judgment or order for the giving of possession of land may be enforced in the High Court by one or more of the following means—

(a) writ of possession;

(b) proceedings for contempt of court under Part 81;

(2) No writ of possession to enforce a notice under section 33D of the Immigration Act 2014 may be issued without the permission of the court.

(3) No writ of possession against a trespasser may be issued after the expiry of 3 months from the date of the order without the permission of the court.

(4) Unless the court otherwise directs, an application for permission under paragraph (3) may be made without notice to any other party.

(4A) The court’s permission to issue a writ of restitution in aid of a writ of possession is required whether or not permission was required for the writ of possession.

(5) An application for a writ of possession may be made without notice.

(6) The person applying for a writ of possession must file a certificate that the land which is the subject of the judgment or order has not been vacated.

(7) A writ of possession may include provision for enforcing the payment of any money adjudged or ordered to be paid by the judgment or order which is to be enforced by the writ.

(8) In a case to which paragraph (7) applies or where an order for possession has been suspended on terms as to payment of a sum of money by instalments, the person applying for a writ of possession must certify—

(a) the amount of money remaining due under the judgment or order; and

(b) that the whole or part of any instalment due remains unpaid.

Enforcement in the High Court of a judgment or order for delivery of goods

83.14

(1) A judgment or order for the delivery of any goods which does not give a person against whom the judgment is given or order made the alternative of paying the assessed value of the goods may be enforced in the High Court by one or more of the following means—

(a) writ of delivery to recover the goods without alternative provision for recovery of the assessed value of those goods (“writ of specific delivery”);

(b) proceedings for contempt of court under Part 81;

(2) A judgment or order for the delivery of any goods or payment of their assessed value may be enforced by one or more of the following means—

(a) writ of delivery to recover the goods or their assessed value;

(b) by order of the court, writ of specific delivery;

(3) An application for an order under paragraph (2)(b) must be made in accordance with Part 23, and must be served on the defendant against whom the judgment or order sought to be enforced was given or made.

(4) A writ of specific delivery, and a writ of delivery to recover any goods or their assessed value, may include provision for enforcing the payment of any money adjudged or ordered to be paid by the judgment or order which is to be enforced by the writ.

(5) A judgment or order for the payment of the assessed value of any goods may be enforced by the same means as any other judgment or order for the payment of money.

(6) This rule applies to writs in aid of writs of delivery.

SECTION IV — Warrants

Application for warrant of control or warrant of delivery

83.15

(1) In this rule, “instalment order” means an order for payment of a sum of money by instalments.

(2) This rule applies in relation to—

(a) warrants of control; and

(b) warrants of delivery.

(3) A creditor may apply for a warrant to be issued by filing a request.

(4) A request for a warrant of control or delivery—

(a) may be made without notice; and

(b) must be made to—

(i) the County Court hearing centre where the judgment or order which it is sought to enforce was made; or

(ii) the County Court hearing centre to which the proceedings have since been transferred.

(5) Subject to paragraph (4)(b)(ii), a request for a warrant of control to enforce a judgment or order made at the Civil National Business Centre must be made to that office.

(6) In the request, the creditor must certify—

(a) the amount remaining due under the judgment or order; and

(b) where the order made is an instalment order—

(i) that the whole or part of any instalment due remains unpaid; and

(ii) the amount for which the warrant is to be issued.

(7) The court officer may discharge the functions of the District Judge under section 85(2) of the County Courts Act 1984 of issuing a warrant.

(8) Unless an instalment order has been made and paragraphs (9) and (10) apply, any warrant issued must be issued for the whole of the sum of money and costs remaining unpaid, and may not be issued for part of the sum.

(9) Where the court has made an instalment order and default has been made in payment of an instalment, then subject to paragraph (10), a warrant of control may be issued for—

(a) the whole of the sum of money and costs then remaining unpaid; or

(b) for such part of the sum as the creditor may request, which must not be less than the greater of—

(i) £50; or

(ii) the amount of one monthly instalment or, as the case may be, four weekly instalments.

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.