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The Civil Procedure Rules 1998

Type Statutory-Instrument

Publication 1998-12-10

Last updated 2026-04-06

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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Relief against enforcement under the Judgments Regulation

74.7B

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Suspension of proceedings in which a judgment is invoked under the Judgments Regulation

74.7C

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Appeals

Enforcement

Recognition

Authentic instruments and court settlements

Adaptation of certain orders in foreign judgments subject to the Judgments Regulation

74.11A

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Section VI Recognition and enforcement of protection measures	Section VI Recognition and enforcement of protection measures
Interpretation	74.34
Procedure for applications in this Section	74.35
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INCOMING PROTECTION MEASURES
Application for adjustment under Article 11	74.46
Notification of the adjustment under Article 11	74.47
Enforcement of incoming protection measures	74.48
Application for refusal of recognition or enforcement under Article 13	74.49
Application under Article 14(2)	74.50

VI Recognition and enforcement of protection measures

Interpretation

74.34

In this Section—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) “incoming protection measure” means a protection measure that has been ordered in a Member State of the European Union other than the United Kingdom or Denmark;

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) “person causing the risk” has the meaning given to it in the Protection Measures Regulation;

(h) “protected person” has the meaning given to it in the Protection Measures Regulation;

(i) “protection measure” has the meaning given to it in the Protection Measures Regulation;

(j) “Protection Measures Regulation” means Regulation (EU) No 606/2013 of the European Parliament and of the Council of 12th June 2013 on mutual recognition of protection measures in civil matters.

Procedure for applications in this Section

74.35

Subject to the rules in this Section, applications under the Protection Measures Regulation to the County Court or to the High Court must be made in accordance with Part 23.

Application for an Article 5 certificate

74.36

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The court to which an application for an Article 5 certificate must be made

74.37

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When a request for a translation of an Article 5 certificate may be made

74.38

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The court to which a request for a translation of an Article 5 certificate must be made

74.39

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Service requirements under Article 6

74.40

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Notification of the certificate under Article 8

74.41

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Rectification of an Article 5 certificate

74.42

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Withdrawal of an Article 5 certificate

74.43

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When an application for an Article 14 certificate may be made

74.44

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The court to which an application for an Article 14 certificate must be made

74.45

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Application for adjustment under Article 11

74.46

A protected person may apply to the court under Article 11 of the Protection Measures Regulation to adjust the factual elements of an incoming protection measure.

Notification of the adjustment under Article 11

74.47

(1) Subject to paragraph (2), Article 11 notice must be given to the person causing the risk by serving it in accordance with Section III of Part 6 and the rules in that Section apply to service of the notice as they apply to any other document to be served.

(2) If the person causing the risk resides in a Member State of the European Union other than the United Kingdom or in a country outside the European Union, Article 11 notice must be given by sending it by registered letter with acknowledgment of receipt or other confirmation of delivery or equivalent to the last known place of residence of that person.

Enforcement of an incoming protection measure

74.48

... Part 81 applies to applications in relation to a breach of an incoming protection measure as if the incoming protection measure had been ordered by the County Court.

Application for refusal of recognition or enforcement under Article 13

74.49

A person causing the risk may apply to the court under Article 13 of the Protection Measures Regulation for refusal of recognition or enforcement of an incoming protection measure.

Application under Article 14(2)

74.50

(1) This rule applies where an Article 14 certificate has been issued in a Member State of the European Union other than the United Kingdom or Denmark.

(2) A protected person or person causing the risk may apply to the court to stay, suspend or withdraw the effects of recognition or, where applicable, the enforcement of the protection measure.

(3) An application under this rule must include a copy of the Article 14 certificate issued in the other Member State.

(4) On an application under this rule, the court must make such orders or give such directions as may be necessary to give effect to the Article 14 certificate.

PART 88 — PROCEEDINGS UNDER THE COUNTER-TERRORISM AND SECURITY ACT 2015

	SECTION I APPLICATION OF THIS PART

88.1	Scope and interpretation
88.2	Modification to the overriding objective

	SECTION II PERMISSION APPLICATIONS, REVIEWS AND REFERENCES TO THE HIGH COURT RELATING TO TEMPORARY EXCLUSION ORDERS

88.3	Scope of this Section
88.4	Application for permission to impose a TEO
88.5	Reference of TEO imposed without permission
88.6	Application for review under section 11 of the Act
88.7	Applications (general) and modification of Part 8
88.8	Review applications
88.9	Fixing of directions hearing date
88.10	Service of the claim form and accompanying documents
88.11	Acknowledgment of service
88.12	Directions hearing
88.13	Response by the Secretary of State
88.14	Filing and service of evidence

	SECTION III APPEALS TO THE COURT OF APPEAL

88.15	Modification of Part 52 (appeals)

	SECTION IV GENERAL PROVISIONS

88.16	Scope of this Section
88.17	Address for filing proceedings
88.18	Applications for anonymity
88.19	Notification of hearings
88.20	Proceedings which must be determined at a hearing
88.21	Hearings in private
88.22	Appointment of a special advocate
88.23	Functions of a special advocate
88.24	Special advocate: communicating about proceedings
88.25	Modification of the general rules of evidence and disclosure
88.26	Filing and service of relevant material
88.27	Closed material
88.28	Consideration of the Secretary of State’s objection or application
88.29	Order of filing and serving material and written submissions
88.30	Failure to comply with directions
88.31	Judgments
88.32	Application by the Secretary of State or relevant person for reconsideration of decision
88.33	Supply of court documents

SECTION I — Application of this Part

Scope and interpretation

88.1

(1) This Part contains rules about—

(a) TEO 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 this Part—

(a) “the Act” means the Counter-Terrorism and Security Act 2015;

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

(d) “TEO” means a temporary exclusion order (which has the same meaning as in section 2 of the Act);

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

(f) “relevant material” means the material described in paragraph 3(1)(a) to (c) of Schedule 3 to the Act;

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

(h) “special advocate” means a person appointed under paragraph 10(1) of Schedule 3 to the Act;

(i) “TEO proceedings” has the same meaning as in paragraph 1 of Schedule 3 to the Act;

(j) “TEO subject” means an individual on whom the Secretary of State has imposed, or is proposing to impose, a TEO.

(3) 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

88.2

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

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

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

SECTION II — Permission applications, reviews and references to the High Court relating to temporary exclusion orders

Scope of this Section

88.3

This Section contains rules about—

(a) applications under section 3(1)(b) of the Act (application for permission to impose a TEO);

(b) references under paragraph 3(1) of Schedule 2 to the Act (reference of the imposition of measures imposed without permission); and

(c) applications to the High Court under section 11 of the Act (applications to the court to review decisions of the Secretary of State relating to a TEO).

Application for permission to impose a TEO

88.4

An application under section 3(1)(b) of the Act for permission to impose a TEO must be made by the Secretary of State filing with the court—

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

(b) any relevant material of which the Secretary of State is aware at that stage; and

Reference of TEO imposed without permission

88.5

A reference under paragraph 3(1) of Schedule 2 to the Act of the imposition of a TEO imposed without permission must be made by the Secretary of State filing with the court—

(a) a statement of reasons for imposing the TEO;

(b) any relevant material of which the Secretary of State is aware at that stage; and

Application for review under section 11 of the Act

88.6

Rules 88.7 to 88.14 apply to a review under section 11 of the Act.

Applications (general) and modification of Part 8

88.7

(1) An application to the court to review a decision under section 11 of the Act (“a review application”) must be made pursuant to Part 8, as modified by this Part, and subject to paragraph (2).

(2) The following rules do not apply to a review application—

(a) rule 8.1(3) (court may order claim to continue as if claimant had not used Part 8 procedure);

(b) rule 8.2A (issue of claim form without naming defendants);

(d) rule 8.5 (filing and serving written evidence);

(e) rule 8.6 (evidence – general); and

(f) rule 8.8 (defendant objects to use of Part 8).

Review application

88.8

(1) A review application must be started by a claim form.

(2) The claim form must set out—

(a) the details of the decision which it is sought to review;

(b) details of how the TEO subject is affected by the TEO; and

(3) The TEO subject must file with the claim form—

(a) a copy of—

(i) the written notice under section 4 of the Act of the imposition of the TEO; or

(ii) where relevant, any notice under section 9 of the Act imposing any or all of the permitted conditions; and

(b) any evidence, including witness statements, on which the TEO subject relies at that stage.

Fixing of directions hearing date

88.9

(1) When the court issues the claim form it must fix a date for a directions hearing.

(2) Unless the court directs otherwise, the directions hearing will be not less than 14 days but not more than 28 days after the date of issue of the claim form.

Service of the claim form and accompanying documents

88.10

The court must—

(a) serve on the Secretary of State and any special advocate (if one has been appointed)—

(i) the claim form; and

(ii) the documents specified in rule 88.8(3); and

(b) send to all parties and to any special advocate a notice of the directions hearing date (where such date is not endorsed on the claim form).

Acknowledgment of service

88.11

Where a special advocate has been appointed, the Secretary of State must serve on that special advocate a copy of the acknowledgment of service filed under rule 8.3.

Directions hearing

88.12

At the directions hearing the court may give case management directions, in particular—

(a) for the holding of a further hearing to determine the application;

(b) fixing a date, time and place for the further hearing at which the parties, their legal representatives (if any) and any special advocate can be present; and

(i) any response to the application to be filed and served by the Secretary of State under rule 88.13(1), (2) and (4);

(ii) any application to be made under rule 88.13(5);

(iii) any information to be filed and served by the Secretary of State pursuant to an order under rule 88.13(7);

(iv) any evidence to be filed and served by the TEO subject under rule 88.14(1);

(v) any evidence to be filed and served by the Secretary of State under rule 88.14(2);

(vi) any application by the Secretary of State under rule 88.13(3), 88.13(8) or 88.14(3); and

(vii) any further evidence, including witness statements, written submissions or skeleton arguments, to be filed and served by the parties and any special advocate.

Response by the Secretary of State

88.13

(1) Where the Secretary of State intends to oppose the exercise of any of the court’s powers under section 11(3) or (5) of the Act, the Secretary of State must file with the court—

(a) the grounds for opposing the exercise of those powers; and

(b) any relevant evidence of which the Secretary of State is aware at that stage.

(2) Unless the Secretary of State objects to the grounds and evidence referred to in paragraph (1) being disclosed to the TEO subject and the TEO subject’s legal representative, the Secretary of State must serve a copy of the grounds and evidence on the TEO subject at the same time as filing them.

(3) Where the Secretary of State objects to the grounds and evidence referred to in paragraph (1) being disclosed to the TEO subject and the TEO subject’s legal representative, the Secretary of State must make an application in accordance with rule 88.27.

(4) Where a special advocate has been appointed, the Secretary of State must serve on the special advocate a copy of the grounds and evidence filed under paragraph (1).

(5) The TEO subject and any special advocate may apply to the court for an order directing the Secretary of State to file and serve further information about the Secretary of State’s grounds filed under paragraph (1)(a).

(6) An application under paragraph (5) must set out—

(a) what information is sought; and

(b) why the information sought is necessary for the determination of the review application.

(7) The court may make an order on an application under paragraph (5) where it considers that the information sought—

(a) is necessary for the determination of the review application; and

(b) may be provided without disproportionate cost, time or effort.

(8) Where the Secretary of State objects to serving on the TEO subject and the TEO subject’s legal representative the information sought under paragraph (5), the Secretary of State must make an application in accordance with rule 88.27.

Filing and service of evidence

88.14

(1) Where the TEO subject wishes to rely on evidence in support of the review application and—

(a) such evidence was not filed with the court with the claim form; or

(b) such evidence was filed with the court with the claim form but the TEO subject wishes to rely on further evidence,

the TEO subject must file and serve that evidence, including any witness statement, on the Secretary of State and any special advocate.

(2) Where the TEO subject serves evidence in support of the application, the Secretary of State must file and serve, subject to paragraph (3), any further evidence, including any witness statement, on the TEO subject and any special advocate.

(3) Where the Secretary of State wishes to withhold disclosure of any closed material from the TEO subject and the TEO subject’s legal representative, the Secretary of State must make an application in accordance with rule 88.27.

(4) The Secretary of State must serve any closed material on the special advocate.

(5) The parties and, where relevant, any special advocate must file and serve any further evidence, including witness statements, written submissions or skeleton arguments, as directed by the court.

SECTION III — Appeals to the Court of Appeal

Modification of Part 52 (appeals)

88.15

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

(a) rule 88.2;

(b) the rules in Section IV of this Part; and

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

(a) rule 52.12(1) (appellant’s notice); and

(b) rule 52.13 (respondent’s notice).

(3) Rule 52.2 (all parties to comply with Practice Directions 52A to 52E) applies, but the parties are not required to comply with paragraphs 3(3), 7.2 and 27 of Practice Direction 52C.

SECTION IV — General provisions

Scope of this Section

88.16

This Section applies to

(a) TEO proceedings in the High Court; and

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

Address for filing proceedings

88.17

(1) Any TEO proceedings must be filed at the Administrative Court Office, Room C315, Royal Courts of Justice, Strand, London WC2A 2LL.

(2) Any appeals to the Court of Appeal against an order of the High Court in TEO proceedings must be filed at the Civil Appeals Office, Room E307, Royal Courts of Justice, Strand, London WC2A 2LL.

Applications for anonymity

88.18

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

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

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

(4) The reference in this rule to an order requiring anonymity for the TEO subject is to be construed in accordance with paragraph 6(3) of Schedule 3 to the Act.

Notification of hearings

88.19

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

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

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

Proceedings which must be determined at a hearing

88.20

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

(a) a review application under section 11 of the Act (review of decisions relating to temporary exclusion orders);

(b) an appeal to the Court of Appeal from a decision or order of the High Court made in the proceedings mentioned in sub-paragraph (a) above; and

(2) Paragraph (1)(b) does not apply where—

(a) the appeal is withdrawn by the appellant;

(b) the Court of Appeal allows the appeal with consent; or

Hearings in private

88.21

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

(a) direct accordingly; and

(b) conduct the hearing, or that part of it from which that party and that party’s legal representative are excluded, in private but attended by a special advocate to represent the interests of the excluded party.

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

Appointment of a special advocate

88.22

(1) Subject to paragraph (2), the Secretary of State must immediately give notice of the proceedings to the Attorney General (who, under paragraph 10(1) of Schedule 3 to the Act, has the power to appoint a special advocate), on—

(a) making an application under section 3(1)(b) of the Act (application for permission to impose a TEO);

(b) making a reference under paragraph 3(1) of Schedule 2 to the Act (reference of urgent TEO imposed without permission); or

(2) Paragraph (1) applies unless—

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

(i) oppose the application, claim or appeal; or

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

(b) a special advocate has already been appointed to represent the interests of the relevant party in the proceedings and that special advocate is not prevented from communicating with that party by virtue of rule 88.24 (special advocate: communicating about proceedings).

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

Functions of a special advocate

88.23

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

(a) making submissions to the court at any hearing or part of a hearing from which the relevant party and the relevant party’s legal representative are excluded;

(b) adducing evidence and cross-examining witnesses at any such hearing or part of a hearing;

(d) making written submissions to the court.

Special advocate: communicating about proceedings

88.24

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

(2) After the Secretary of State serves closed material on the special advocate, the special advocate must not communicate with any person about any matter connected with the proceedings, except in accordance with paragraph (3) or (6)(b) or with a direction of the court pursuant to a request under paragraph (4).

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

(a) the court;

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

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

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

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

(a) the court must notify the Secretary of State of the request and of the content of the proposed communication and the form in which it is proposed to be made; and

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

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

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

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

Modification of the general rules of evidence and disclosure

88.25

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

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

(a) orally before the court; or

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

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

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

(5) Every party is entitled to adduce evidence and to cross-examine witnesses during any hearing or part of a hearing from which that party and that party’s legal representatives are not excluded.

(6) A special advocate is entitled to adduce evidence and to cross-examine a witness only during a hearing or part of a hearing from which the relevant party and the relevant party’s legal representatives are excluded.

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

Filing and service of relevant material

88.26

The Secretary of State must—

(a) make a reasonable search for relevant material; and

(b) file and serve that material in accordance with the rules in this Part.

Closed material

88.27

(1) The Secretary of State—

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

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

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

(a) the closed material;

(b) a statement of the Secretary of State’s reasons for withholding that material from the relevant party and the relevant party’s legal representatives; and

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

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

(a) the agreement of the special advocate; or

(b) the permission of the court.

Consideration of the Secretary of State’s objection or application

88.28

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

(a) objected under rule 88.24(5)(b) (special advocate: communicating about proceedings) to a proposed communication by the special advocate or to the form in which it is proposed to be made; or

(b) applied under rule 88.27 (closed material) for permission to withhold closed material.

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

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

(b) the court has previously considered—

(i) an objection under rule 88.24(5)(b) to the same or substantially the same proposed communication; or

(ii) an application under rule 88.27(1) for permission to withhold the same or substantially the same material; and

is satisfied that it would be just to give permission or uphold the objection without a hearing; or

(c) the Secretary of State and the special advocate consent to the court deciding the objection or application without a hearing.

(3) If the special advocate does not challenge the objection or the application, he or she must give notice of that fact to the court and the Secretary of State no later than the end of—

(a) 14 days after the date on which ... the Secretary of State serves on the special advocate the notice under rule 88.24(5)(b) or the material under rule 88.27(2); or

(b) such other period as the court may direct.

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

(a) give brief reasons for their contentions in relation to each issue; and

(b) set out any proposals for the court to resolve those issues.

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

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

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

(b) ensure that any such summary does not contain material the disclosure of which would be contrary to the public interest.

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

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

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

(i) if it considers that the material or anything that is required to be summarised might be of assistance to the relevant party in relation to a matter under consideration by the court, direct that the matter is withdrawn from its consideration or that the Secretary of State makes such concessions or takes such other steps as the court may direct; and

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

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

Order of filing and serving material and written submissions

88.29

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

(a) the Secretary of State must file with the court any relevant material of which the Secretary of State is aware;

(b) the Secretary of State must serve on—

(i) the relevant party or the relevant party’s legal representative; and

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

any open material;

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

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

(e) the Secretary of State must serve on—

(i) the relevant party or the relevant party’s legal representative; and

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

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

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

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

(Rules 88.27 and 88.28 will apply where any closed material is filed by the Secretary of State.)

Failure to comply with directions

88.30

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

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

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

(c) that the court may proceed to determine the proceedings before it on the material before it if that person fails to comply with the direction within that time limit.

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

Judgments

88.31

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

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

Application by the Secretary of State for reconsideration of decision

88.32

(1) If the court proposes, in any proceedings to which this Part applies, to serve on a relevant party—

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

(b) any written judgment;

then before the court serves any such notice or judgment on the relevant party, it must first serve notice on the Secretary of State of its intention to do so.

(2) The Secretary of State may, within 5 days of being served with notice under paragraph (1), apply to the court to reconsider the terms of the order or direction or to review the terms of the proposed judgment if the Secretary of State considers that—

(a) the Secretary of State’s compliance with the order or direction; or

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

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

(3) Where the Secretary of State makes an application under paragraph (2), the Secretary of State must at the same time serve on the special advocate (if one has been appointed)—

(a) a copy of the application; and

(b) a copy of the notice served on the Secretary of State pursuant to paragraph (1).

(4) Rule 88.28 (consideration of Secretary of State’s objection or application), except for paragraphs (6) and (7) of that rule, applies where a special advocate has been appointed and with any necessary modifications to the consideration of an application under paragraph (2) of this rule.

(5) The court must not serve notice or a written judgment on the relevant party as mentioned in paragraph (1) before the time for the Secretary of State or relevant person to make an application under paragraph (2) has expired.

Supply of court documents

88.33

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

Scope of this Section

Definitions

Application of Part 36 to appeals

Form and content of a Part 36 offer

Part 36 offers – defendant’s offer

Time when a Part 36 offer is made

Clarification of a Part 36 offer

Withdrawing or changing the terms of a Part 36 offer generally

Withdrawing or changing the terms of a Part 36 offer before the expiry of the relevant period

Acceptance of a Part 36 offer

Acceptance of a Part 36 offer in a split-trial case

Costs consequences of acceptance of a Part 36 offer

Other effects 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

Personal injury claims for future pecuniary loss

Offer to settle a claim for provisional damages

Costs consequences of acceptance of a Part 36 offer where Section IIIA of Part 45 applies

Costs consequences following judgment where section IIIA of Part 45 applies

Deduction of benefits and lump sum payments

Cases in which the offeror’s costs have been limited to court fees

SECTION II — Claims to Which Sections VI, VII, or VIII of Part 45 Apply

Scope of this Section

36.24

(1) Rule 36.17 applies with the following modifications.

(2) Subject to paragraphs (3), (4) and (5), where an order for costs is made pursuant to rule 36.17(3)—

(a) the claimant is entitled to—

(i) the fixed costs in Table 12, Table 14 or Table 15 in Practice Direction 45 for the stage applicable at the date on which the relevant period expired; and

(ii) any applicable additional fixed costs allowed under Section I, Section VI, Section VII or Section VIII incurred in any period for which costs are payable to them; and

(b) the claimant is liable for the defendant’s costs in accordance with paragraph (9).

(3) Where rule 36.17(1)(b) applies, the claimant is entitled to—

(a) the fixed costs in Table 12, Table 14 or Table 15 in Practice Direction 45 for the stage applicable at the date of judgment; and

(b) any applicable additional fixed costs allowed under Section I, Section VI, Section VII or Section VIII incurred in any period for which costs are payable to them.

(4) Where the court makes an order pursuant to rule 36.17(4), instead of costs awarded on the indemnity basis under rule 36.17(4)(b), the claimant is entitled to additional costs in accordance with paragraph (5).

(5) The additional costs are an amount equivalent to 35% of the difference between the fixed costs for—

(a) the stage applicable when the relevant period expires; and

(b) the stage applicable at the date of judgment,

to which the claimant is entitled under paragraph (3)(a) and (b).

(6) Where a claim no longer continues under the RTA or EL/PL Protocol, then, subject to paragraph (7), where the claimant fails to obtain a judgment more advantageous than the defendant’s Protocol offer—

(a) the claimant is entitled to the applicable Stage 1 and Stage 2 fixed costs in Table 10 or Table 11 in Practice Direction 45; and

(b) the claimant is liable for the defendant’s costs in accordance with paragraph (9); and

(c) in this rule, the amount of the judgment is less than the Protocol offer where the judgment is less than the offer once deductible amounts identified in the judgment are deducted.

(“Deductible amount” is defined in rule 36.20(1)(d).)

(7) 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 (6) shall only have effect in respect of costs incurred by either party more than 21 days after the defendant received the report.

(8) Fixed costs must be calculated by reference to the amount which is awarded.

(9) Where the court makes an order for costs in favour of the defendant, the defendant is entitled to—

(a) the fixed costs in Table 12, Table 14 or Table 15 in Practice Direction 45 applicable at the date of judgment; and

(b) any applicable additional fixed costs allowed under Section I, Section VI, Section VII or Section VIII incurred in any period for which costs are payable to them,

less the fixed costs to which the claimant is entitled under paragraph (2)(a) or (6).

(10) The parties are entitled to disbursements allowed in accordance with Section IX of Part 45 incurred in any period for which costs are payable to them.

Form and content of a Protocol offer

36.25

(1) Where this Section applies, Section I and Section II do not apply.

(2) This Section applies to an offer to settle where the parties have followed the RTA Protocol or the EL/PL Protocol and started proceedings under Part 8 in accordance with Practice Direction 49F (“the Stage 3 Procedure”).

(3) A reference to the Court Proceedings Pack Form is a reference to the form used in the relevant Protocol.

(4) Nothing in this Section prevents a party making an offer to settle in whatever way that party chooses, but if the offer is not made in accordance with this Section, it will not have any costs consequences.

Time when a Protocol offer is made

36.26

(1) An offer to settle which is made in accordance with this rule is called a Protocol offer.

(2) A Protocol offer must—

(a) be set out in the Court Proceedings Pack (Part B) Form; and

(b) contain the final total amount of the offers from both parties.

General provisions

36.27

(1) The Protocol offer is deemed to be made on the first business day after the Court Proceedings Pack (Part A and Part B) Form is sent to the defendant.

(2) In this Section “business day” has the same meaning as in rule 6.2.

Restrictions on the disclosure of a Protocol offer

36.28

A Protocol offer—

(a) is treated as exclusive of all interest; and

(b) has the consequences set out in this Section only in relation to the fixed costs of the Stage 3 Procedure as provided for in rule 45.29, and not in relation to the costs of any appeal from the final decision of those proceedings.

Costs consequences following judgment

36.29

(1) The amount of the Protocol offer must not be communicated to the court until the claim is determined.

(2) Any other offer to settle must not be communicated to the court at all.

Deduction of benefits

36.30

(1) This rule applies where, on any determination by the court, the claimant obtains judgment against the defendant for an amount of damages that is—

(a) less than or equal to the amount of the defendant’s Protocol offer;

(b) more than the defendant’s Protocol offer but less than the claimant’s Protocol offer; or

(2) Where paragraph (1)(a) applies, the court must order the claimant to pay—

(a) the fixed costs in rule 45.37; and

(b) interest on those fixed costs from the first business day after the deemed date of the Protocol offer under rule 36.27.

(3) Where paragraph (1)(b) applies, the court must order the defendant to pay the fixed costs in rule 45.30.

(4) Where paragraph (1)(c) applies, the court must order the defendant to pay—

(a) interest on the whole of the damages awarded at a rate not exceeding 10% above base rate for some or all of the period starting with the date specified in rule 36.27;

(b) the fixed costs in rule 45.30;

(d) an additional amount calculated in accordance with rule 36.17(4)(d).

PART 87 — APPLICATIONS FOR WRIT OF HABEAS CORPUS

Title	Rule number
SECTION 1 – SCOPE AND INTERPRETATION
Scope and interpretation of this Part	Rule 87.1
SECTION 2 – APPLICATIONS TO THE HIGH COURT FOR A WRIT OF HABEAS CORPUS FOR RELEASE
How to make the application for the writ of habeas corpus for release	Rule 87.2
Initial consideration of the application by a judge	Rule 87.3
Initial consideration of the application on paper	Rule 87.4
Consideration of the application at a hearing	Rule 87.5
Order for release: sufficient authority to release detained person	Rule 87.6
Applications involving protected parties	Rule 87.7
Form and directions as to the return to the writ	Rule 87.8
Service of the writ	Rule 87.9
Return to the writ	Rule 87.10
Procedure at hearing of the writ	Rule 87.11
SECTION 3 – WRIT OF HABEAS CORPUS TO GIVE EVIDENCE OR TO ANSWER A CHARGE
Writ of habeas corpus to give evidence or answer a charge	Rule 87.12

SECTION 1 — SCOPE AND INTERPRETATION

Scope and interpretation of this Part

87.1

This Part contains rules about applications to the court as follows —

(a) Section 2 relates to applications for a writ of habeas corpus for release; and

(b) Section 3 relates to applications for a writ of habeas corpus to give evidence or a writ of habeas corpus to answer a charge.

(The Family Procedure Rules 2010 contain rules about applications for a writ of habeas corpus for release in relation to a minor.)

(2) In Sections 2 and 3—

(a) “judge” means a judge of the High Court; and

(b) “court” means the High Court,

unless otherwise specified.

SECTION 2 — APPLICATIONS TO THE HIGH COURT FOR A WRIT OF HABEAS CORPUS FOR RELEASE

How to make the application for a writ of habeas corpus for release

87.2

(1) The applicant must make the application by filing—

(a) a claim form under Part 8; and

(b) a witness statement or affidavit.

(2) The witness statement or affidavit must—

(a) state that the application is made at the instance of the person being detained;

(b) set out the nature of the detention; and

(3) If the detained person is unable to make the witness statement or affidavit, the witness statement or affidavit—

(a) may be made by some other person on behalf of the detained person; and

(b) must state the reason why the detained person is unable to make the witness statement or affidavit.

(4) The claim form must be filed in the Administrative Court.

(5) The application may be made without notice.

(6) In cases of urgency, the judge—

(a) may dispense with the requirement that a claim form must be filed; and

(b) must give directions for the conduct of the application.

Initial consideration of the application by a single judge

87.3

(1) A judge may consider an application under rule 87.2 initially on paper.

(2) If an application has not been considered initially on paper, it must be considered—

(a) by a judge sitting in court, unless rule 87.7 applies; or

(b) if no judge is sitting in court, by a judge otherwise than in court.

Initial consideration of the application on paper

87.4

(1) Where the judge considers the application under rule 87.2 on paper, the judge may—

(a) make an order for the issue of the writ;

(b) adjourn the application to a hearing;

(d) direct that the application continues as an application for permission to apply for judicial review;

(e) give such other directions for resolution of the application as may be appropriate; or

(f) dismiss the application.

(2) Where the judge dismisses a paper application, the applicant may request the decision to be reconsidered at a hearing.

(3) A request under paragraph (2) must be filed within 7 days after service of the order dismissing the application.

(4) The applicant and the respondent must be given at least 2 days’ notice of the hearing date.

Consideration of the application at a hearing

87.5

Where the judge considers the application under rule 87.2 at a hearing, including a hearing ordered under rule 87.4(1)(b) or a hearing requested under rule 87.4(2), the judge may—

(a) make an order for the issue of the writ;

(b) adjourn the application to a further hearing;

(d) direct that the application continues as an application for permission to apply for judicial review;

(e) give such other directions for resolution of the application as may be appropriate;

(f) dismiss the application; or

(g) order that the detained person must be released.

Order for release: sufficient authority to release detained person

87.6

An order made under rule 87.5(g) is sufficient authorisation for a governor of a prison, police officer or other person to release the detained person.

Applications involving protected parties

87.7

Any application made on behalf of a protected party must initially be considered by a judge otherwise than in court.

Form and directions as to the return to the writ

87.8

(1) A writ of habeas corpus for release must be in Practice Form No. 89 ....

(2) A court or judge issuing a writ of habeas corpus for release must give directions as to the court or judge before whom, and the date on which, the writ is returnable.

Service of the writ

87.9

(1) Subject to paragraphs (2) and (3), the applicant must serve the writ of habeas corpus for release personally on the respondent.

(2) If it is not practicable to serve the writ personally, or if the respondent is the governor of a prison or other public official, the applicant must serve the writ by leaving it with an employee or agent of the respondent at the place where the detained person is being held.

(3) If there is more than one respondent named in the writ, the original writ must be served according to this rule on the first-named respondent, and copies must be served on the other respondents.

(4) The court must notify all parties–

(a) of the court or judge before whom, and the date on which, the writ is to be returned to the court; and

(b) that in default of obedience, proceedings for committal of the party disobeying may be taken.

Return to the writ

87.10

(1) The return to a writ of habeas corpus for release must—

(a) be indorsed on or annexed to the writ; and

(b) state all the causes of the detention of the detained person.

(2) The return may be amended, or another return substituted for it, by permission of the court or judge before whom the writ is returnable.

(3) The return must be filed and served upon the applicant in accordance with the directions of the court issuing the writ.

Procedure at hearing of the writ

87.11

At the hearing of the writ an application may be made—

(a) to discharge or remand the detained person; or

(b) to amend or quash the return.

SECTION 3 — WRIT OF HABEAS CORPUS TO GIVE EVIDENCE OR TO ANSWER A CHARGE

Writ of habeas corpus to give evidence or to answer a charge

87.12

(1) An application for a writ of habeas corpus to give evidence or a writ of habeas corpus to answer a charge must be made to a judge and be supported by a witness statement or affidavit.

(2) A writ of habeas corpus to give evidence must be in Practice Form No. 91 ....

(3) A writ of habeas corpus to answer a charge must be in Practice Form No. 92 ....

(4) An application for an order to bring up a prisoner otherwise than by writ of habeas corpus, to give evidence in any criminal or civil proceedings before any court, tribunal or judge, must be–

(a) made to a judge or, in the case of an application for an order under section 57 of the County Courts Act 1984, a judge of the County Court; and

(b) supported by a witness statement or affidavit.

V COSTS IN CLAIMS FOR JUDICIAL REVIEW

Claims for judicial review: costs against interveners

46.15

(1) In this rule the terms “intervener” and “relevant party” have the same meaning as in section 87 of the Criminal Justice and Courts Act 2015 (“the 2015 Act”).

(2) A relevant party may apply to the court for an order for an intervener to pay costs in accordance with section 87 of the 2015 Act.

(Section 87 of the 2015 Act applies to judicial review proceedings in the High Court and Court of Appeal.)

(Rule 54.17 makes provision for any person to be able to apply for permission to file evidence or make representations at the hearing of a judicial review.)

Permission decision where court requires a hearing

54.11A

(1) This rule applies where the court wishes to hear submissions on—

(a) whether it is highly likely that the outcome for the claimant would not have been substantially different if the conduct complained of had not occurred; and if so

(b) whether there are reasons of exceptional public interest which make it nevertheless appropriate to give permission.

(2) The court may direct a hearing to determine whether to give permission.

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

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

(5) The court must give its reasons for giving or refusing permission.

Permission decision without a hearing

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

Response

Where claimant seeks to rely on additional grounds

Evidence

Court’s powers to hear any person

Judicial review may be decided without a hearing

Court’s powers in respect of quashing orders

Transfer

Case management – unrepresented parties

3.1A

(1) This rule applies in any proceedings where at least one party is unrepresented.

(2) When the court is exercising any powers of case management, it must have regard to the fact that at least one party is unrepresented.

(3) Both the parties and the court must, when drafting case management directions in the multi-track , intermediate track and fast track, take as their starting point any relevant standard directions which can be found online at www.justice.gov.uk/courts/procedure-rules/civil and adapt them as appropriate to the circumstances of the case.

(4) The court must adopt such procedure at any hearing as it considers appropriate to further the overriding objective.

(5) At any hearing where the court is taking evidence this may include—

(a) ascertaining from an unrepresented party the matters about which the witness may be able to give evidence or on which the witness ought to be cross-examined; and

(b) putting, or causing to be put, to the witness such questions as may appear to the court to be proper.

Court officer’s power to refer to a judge

Court’s power to make order of its own initiative

Power to strike out a statement of case

Judgment without trial after striking out a claim in the Civil National Business Centre

Setting aside judgment entered after striking out

Sanctions for non—payment of certain fees by the claimant

Sanctions for dishonouring cheque

Sanctions have effect unless defaulting party obtains relief

Relief from sanctions

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

Power of the court to make civil restraint orders

PART 63A — FINANCIAL LIST

Title	Rule number
Scope of this Part and interpretation	Rule 63A.1
Specialist list	Rule 63A.2
Application of the Civil Procedure Rules	Rule 63A.3
Proceedings in the Financial List	Rule 63A.4

Scope of this Part and interpretation

63A.1

(1) This Part applies to claims in the Financial List.

(2) In this Part and Practice Direction 63AA, “Financial List claim” means any claim which—

(a) principally relates to loans, project finance, banking transactions, derivatives and complex financial products, financial benchmark, capital or currency controls, bank guarantees, bonds, debt securities, private equity deals, hedge fund disputes, sovereign debt, or clearing and settlement, and is for more than £50 million or equivalent;

(b) requires particular expertise in the financial markets; or

(3) “Financial markets” for these purposes include the fixed income markets (covering repos, bonds, credit derivatives, debt securities and commercial paper generally), the equity markets, the derivatives markets, the loan markets, the foreign currency markets, and the commodities markets.

Specialist list

63A.2

(1) The Financial List is a single specialist list. Claims in the Financial List may be commenced in the Commercial Court or the Chancery Division in London.

(2) The Chancellor of the High Court and the Judge in Charge of the Commercial Court have joint overall responsibility for all claims in the Financial List.

Application of the Civil Procedure Rules

63A.3

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

Proceedings in the Financial List

63A.4

(1) A Financial List claim may be started in the Financial List.

(2) All claims in the Financial List will be allocated at the time of the first case management conference to a designated judge who is a Financial List judge.

(3) A Financial List judge is a judge of the Chancery Division or the Commercial Court who has been authorised to try claims in the Financial List.

(4) Rule 30.5 applies to proceedings in the Financial List, except that a Financial List judge may order a claim to be transferred to any other specialist list.

(5) Rules 58.5 to 58.13 and 58.15 apply to claims in the Financial List in the same manner as they apply to claims in the Commercial List.

Planning statutory review appeals

52.15B

(1) Where permission to apply for a planning statutory review has been refused at a hearing in the High Court, the person seeking that permission may apply to the Court of Appeal for permission to appeal (see Part 8 and Practice Direction 8C).

(2) Where permission to apply for a planning statutory review has been refused and recorded as totally without merit in accordance with rule 23.12—

(a) the claimant may apply to the Court of Appeal for permission to appeal;

(b) the application will be determined on paper without an oral hearing.

(3) An application in accordance with paragraph (1) or (2) must be made within 7 days of the decision of the High Court to refuse to give permission to apply for a planning statutory review or, in the case of an application under paragraph (2), within 7 days of service of the order of the High Court refusing permission to apply for a planning statutory review.

(4) On an application under paragraph (1) or (2) the Court of Appeal may, instead of giving permission to appeal, give permission to apply for a planning statutory review.

(5) Where the Court of Appeal gives permission to apply for a planning statutory review in accordance with paragraph (4), the case will proceed in the High Court unless the Court of Appeal orders otherwise.

Who may exercise the powers of the Court of Appeal

Filing and exchanging budgets and budget discussion reports

Interim charging order – County Court Money Claims Centre

Review of a decision made by a court officer

Interim charging order – venues other than the Civil National Business Centre

Service of interim order

Effect of interim order in relation to securities

Effect of interim order in relation to funds in court

Further consideration of the application where interim charging order was made at the Civil National Business Centre and has not been transferred under rule 73.4(6) for a hearing

Further consideration of the application where interim charging order was made other than at the County Court Money Claims Centre, or has been transferred out of that Centre under rule 73.4(6)

73.10A

(1) This rule applies where an interim charging order was made other than at the Civil National Business Centre or has been transferred out of that Centre under rule 73.4(6).

(2) If any person objects to the court making a final charging order, that person must—

(a) file; and

(b) serve on the judgment creditor,

written evidence stating the grounds of objection, not less than 7 days before the hearing.

(3) At the hearing the court may—

(a) make a final charging order confirming that the charge imposed by the interim charging order continues, with or without modification;

(b) discharge the interim charging order and dismiss the application;

(c) decide any issues in dispute between the parties, or between any of the parties and any other person who objects to the court making a final charging order;

(d) direct a trial of any such issues, and if necessary give directions; or

(e) make such other order as the court considers appropriate.

(4) If the court makes a final charging order which charges securities other than securities held in court, the order must include a stop notice unless the court otherwise orders.

(Section III of this Part contains provisions about stop notices.)

(5) Any order made at the hearing must be served by the court on all the persons on whom the interim charging order was required to be served.

Discharge or variation of order

73.10B

(1) Where the final charging order was made without a hearing under rule 73.10(6A) or 73.10(7) any application to discharge or vary a charging order must be made to the Civil National Business Centre.

(2) Upon the filing of an application to discharge or vary a charging order at the Civil National Business Centre, the application must be transferred for a hearing to the judgment debtor’s home court.

(3) Where the final charging order was made at a hearing, any application to discharge or vary a charging order must be made to the court which made the charging order.

(4) The court may direct that—

(a) any interested person be joined as a party to such an application; or

(b) the application be served on any such person.

(5) An order discharging or varying a charging order must be served on all the persons on whom the charging order was required to be served.

Enforcement of charging order by sale

73.10C

(1) Subject to the provisions of any enactment, the court may, upon a claim by a person who has obtained a charging order over an interest in property, order the sale of the property to enforce the charging order.

(2) Where the charging order was made at the Civil National Business Centre a claim for an order for sale under this rule must be made to the judgment debtor’s home court.

(3) Subject to paragraph (2) a claim for an order for sale under this rule should be made to the court which made the charging order, unless that court does not have jurisdiction to make an order for sale.

(4) The claimant must use the Part 8 procedure.

(5) A copy of the charging order must be filed with the claim form.

PART 89 — ATTACHMENT OF EARNINGS

Rule	Rule number
Section 1 – General
Scope and Interpretation	89.1
Search of court records	89.2
Section 2 – Applications for attachment of earnings orders
Where to make applications	89.3
Mode of applying	89.4
Service and reply	89.5
Notice to debtor’s employer	89.6
Attachment of earnings order	89.7
Failure by debtor	89.8
Suspended committal order	89.9
Costs	89.10
Contents and service of order	89.11
Application to determine whether particular payments are earnings	89.12
Notice of order having ceased to have effect	89.13
Variation and discharge by court of own initiative	89.14
Transfer of attachment order	89.15
Exercise of power to obtain statement of earnings etc.	89.16
Offences	89.17
Section 3 – Consolidated attachment orders
Cases in which consolidated attachments orders may be made	89.18
Application for consolidated attachment order	89.19
Making of consolidated attachment order by court of its own initiative	89.20
Extension of consolidated attachment order	89.21
Payments under consolidated attachment order	89.22

SECTION 1 - GENERAL

Interpretation

89.1

(1) Part 81 does not apply to proceedings under this Part.

(2) In this Part—

(a) “the 1971 Act” means the Attachment of Earnings Act 1971 and unless the context otherwise requires or this Part otherwise provides, expressions used in that Act have the same meanings as in that Act;

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

(d) “debtor’s employer” means any person appearing to be the debtor’s employer;

(e) “debtor’s home court” means the County Court hearing centre for the district in which the debtor resides or carries on business.

Search of court records

89.2

If requested to do so by any person having a judgment or order against a debtor, the court officer must –

(a) cause a search to be made in the court records to determine whether there is an attachment of earnings order in force in relation to that debtor; and

issue a certificate of the result of the search.

SECTION 2 – APPLICATIONS FOR ATTACHMENT OF EARNINGS ORDERS

Where to make applications

89.3

An application to the County Court for an attachment of earnings order must be made to the Civil National Business Centre.

Mode of applying

89.4

(1) An application for an attachment of earnings order must include a certificate of the amount of money remaining due under the judgment or order and that the whole or part of any instalment due remains unpaid.

(2) Where an attachment of earnings order is sought to enforce an order of a magistrates’ court, the applicant must also file with the application—

(a) a certified copy of the order; and

(b) a witness statement verifying the amount due under the order or, if payments under the order are required to be made to the designated officer for the magistrates’ court, a certificate by that designated officer to the same effect.

Service and reply

89.5

(1) Notice of the application together with Form N56 (“the reply form”), must be served on the debtor by the court.

(2) The notice of application must include an instruction to the debtor to complete and file the reply form within 8 days after service, and that instruction constitutes a requirement under section 14(4) of the 1971 Act.

(3) Within 8 days after service of the documents listed in paragraph (1), the debtor must file a completed reply form.

(4) On receipt of a reply from the debtor, the court officer must send a copy of the reply to the creditor.

(5) No proceedings may be brought for an alleged offence under section 23(2)(c) or (f) of the 1971 Act in relation to the requirement to reply, unless—

(a) the notice of application and reply form have been served personally on the debtor; or

(b) the court is satisfied that the notice and reply form came to the debtor’s knowledge in sufficient time for the debtor to comply with the requirement; and

(c) by the end of the time for filing the reply, the debtor has not paid to the creditor the money remaining due under the judgment or order.

(6) If the debtor pays the money remaining due under the judgment or order, the creditor must inform the court officer that the payment has been made.

Notice to debtor’s employer

89.6

(1) Without prejudice to the power conferred by section 14(1) of the 1971 Act, the court officer may at any stage of the proceedings, send to the debtor’s employer a notice requesting them to give to the court a statement of the debtor’s earnings.

(2) The statement of debtor’s earnings must—

(a) state the debtor’s earnings;

(b) state the debtor’s anticipated earnings;

(d) be given to the court within such period as is specified in the notice.

Attachment of earnings order

89.7

(1) If the court officer—

(a) receives the debtor’s reply form; and

(b) has sufficient information to make an attachment of earnings order,

the court officer may make such an order.

(2) The court must send a copy of any attachment of earnings order made to the parties and to the debtor’s employer.

(3) Where an order is made under paragraph (1), the creditor or the debtor may, within 14 days of service of the order and giving reasons, apply on notice for the order to be re-considered.

(4) Following receipt of an application in accordance with paragraph (3), the court officer must transfer the application to the debtor’s home court for the hearing of the application.

(5) The creditor and the debtor must be given not less than 2 days’ notice of any hearing fixed pursuant to paragraph (4).

(6) On hearing an application under paragraph (3), the District Judge may confirm the order or set it aside and make such new order as the District Judge thinks fit.

(7) Where an order is not made under paragraph (1), the court officer must refer the application to the District Judge who may—

(a) determine the application without a hearing; or

(b) transfer the application to the debtor’s home court for hearing.

(8) The creditor and the debtor must be given not less than 8 days’ notice of any hearing fixed pursuant to paragraph (7)(b).

(9) Where an order is made under paragraph (7)(a), the creditor or the debtor may, within 14 days of service of the order and giving reasons, apply on notice for the order to be re-considered.

(10) Following receipt of a notice in accordance with paragraph (9), the court officer must transfer the application to the debtor’s home court for hearing.

(11) The creditor and the debtor must be given not less than 2 days’ notice of any hearing fixed pursuant to paragraph (10).

(12) On hearing an application under paragraph (10), the District Judge may confirm the order or set it aside and make such new order as the District Judge thinks fit.

(13) If the creditor does not appear at the hearing of the application under paragraph (7)(b) the court may proceed to hear the application and to make an order in the creditor’s absence if—

(a) the court has received a witness statement from the creditor; or

(b) the creditor requests the court in writing to proceed in any event.

(14) No attachment of earnings order may be made to secure the payment of a judgment debt if—

(a) the debt is of less than £50; or

(b) the amount remaining payable under a judgment is less than £50.

Failure by debtor

89.8

(1) In this rule, “statement of means” means a statement given under section 14(1) of the 1971 Act.

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