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The Civil Procedure Rules 1998

Type Statutory-Instrument

Publication 1998-12-10

Last updated 2026-04-06

State In force

Department King's Printer of Acts of Parliament

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(vii) a sum not exceeding the amount specified in Table 16 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

(b) in any other claim to which Section VI applies, any disbursement which has been reasonably incurred, other than a disbursement covering work for which costs are already allowed in Section VI.

Disbursements – Section VII

45.60

Subject to rule 45.15A, in a claim to which Section VII applies, the court may allow any disbursement which has been reasonably incurred, other than a disbursement covering work for which costs are already allowed in Section VII.

Disbursements – Section VIII

45.61

(1) Subject to rule 45.15A, in a claim to which Section VIII applies, the court may allow a claim for a disbursement of a type mentioned in sub-paragraphs (a) and (b) —

(a) the fees for the intended trial advocate for any step reasonably undertaken where both the use of that advocate and the cost are justified; and

(b) any other disbursement which has been reasonably incurred.

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

Soft tissue injury and whiplash injury claims

45.62

(1) This rule applies—

(a) to a soft tissue injury claim; or

(b) a claim which consists of, or includes, a claim for a whiplash injury,

which arises from a road traffic accident.

(2) Where this rule applies, 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: £226;

(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): £527;

(ii) Consultant in Accident and Emergency Medicine: £451;

(iii) General Practitioner registered with the General Medical Council: £226; or

(iv) Physiotherapist registered with the Health and Care Professions Council: £226;

(c) obtaining medical records: no more than £38 plus the direct cost from the holder of the records, and limited to £100 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): £63; and

(e) answer to questions under Part 35: £100.

(3) Save in exceptional circumstances, no fee may be allowed for the cost of obtaining a report to which paragraph (1) applies where the medical expert—

(a) has provided treatment to the claimant;

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

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

(5) 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), and (16A) and (20), respectively, of the RTA Protocol.

SECTION IX — Costs Limits in Aarhus Convention Claims

Scope and interpretation

46.24

(1) This section provides for the costs which are to be recoverable between the parties in Aarhus Convention claims.

(2) In this Section—

(a) “Aarhus Convention claim” means a claim brought by one or more members of the public by judicial review or review under statute which challenges the legality of any decision, act or omission of a body exercising public functions, and which is within the scope of Article 9(1), 9(2) or 9(3) of the UNECE Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters done at Aarhus, Denmark on 25 June 1998 (“the Aarhus Convention”);

(b) references to a member or members of the public are to be construed in accordance with the Aarhus Convention.

(3) This Section does not apply to appeals other than appeals brought under section 289(1) of the Town and Country Planning Act 1990 or section 65(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990, which are for the purposes of this Section to be treated as reviews under statute.

(Rule 52.19A makes provision in relation to costs of an appeal.)

(The Aarhus Convention is available on the UNECE website at https://www.unece.org/env/pp/welcome.html.)

Opting out, and other cases where rules 46.26 to 46.28 do not apply to a claimant

46.25

(1) Subject to paragraph (2), rules 46.26 to 46.28 apply where a claimant who is a member of the public has—

(a) stated in the claim form that the claim is an Aarhus Convention claim; and

(b) filed and served with the claim form a schedule of the claimant’s financial resources, which is verified by a statement of truth and provides details of—

(i) the claimant’s significant assets, liabilities, income and expenditure; and

(ii) in relation to any financial support which any person has provided or is likely to provide to the claimant, the aggregate amount which has been provided and which is likely to be provided.

(2) Subject to paragraph (3), rules 46.26 to 46.28 do not apply where the claimant has stated in the claim form that although the claim is an Aarhus Convention claim, the claimant does not wish those rules to apply.

(3) If there is more than one claimant, rules 46.26 to 46.28 do not apply in relation to the costs payable by or to any claimant who has not acted as set out in paragraph (1), or who has acted as set out in paragraph (2), or who is not a member of the public.

Limit on costs recoverable from a party in an Aarhus Convention claim

46.26

(1) Subject to rules 46.25 and 46.28, a claimant or defendant in an Aarhus Convention claim may not be ordered to pay costs exceeding the amounts in paragraph (2) or (3) or as varied in accordance with rule 46.27.

(2) For a claimant the amount is—

(a) £5,000 where the claimant is claiming only as an individual and not as, or on behalf of, a business or other legal person;

(b) £10,000 in all other cases.

(3) For a defendant the amount is £35,000.

(4) In an Aarhus Convention claim with multiple claimants or multiple defendants, the amounts in paragraphs (2) and (3) (subject to any direction of the court under rule 46.27) apply in relation to each such claimant or defendant individually and may not be exceeded, irrespective of the number of receiving parties.

Varying the limit on costs recoverable from a party in an Aarhus Convention claim

46.27

(1) The court may vary the amounts in rule 46.26 or may remove altogether the limits on the maximum costs liability of any party in an Aarhus Convention claim.

(2) The court may vary such an amount or remove such a limit only on an application made in accordance with paragraphs (5) to (7) (“an application to vary”) and if satisfied that—

(a) to do so would not make the costs of the proceedings prohibitively expensive for the claimant; and

(b) in the case of a variation which would reduce a claimant’s maximum costs liability or increase that of a defendant, without the variation the costs of the proceedings would be prohibitively expensive for the claimant.

(3) Proceedings are to be considered prohibitively expensive for the purpose of this rule if their likely costs (including any court fees which are payable by the claimant) either—

(a) exceed the financial resources of the claimant; or

(b) are objectively unreasonable having regard to—

(i) the situation of the parties;

(ii) whether the claimant has a reasonable prospect of success;

(iii) the importance of what is at stake for the claimant;

(iv) the importance of what is at stake for the environment;

(v) the complexity of the relevant law and procedure; and

(vi) whether the claim is frivolous.

(4) When the court considers the financial resources of the claimant for the purposes of this rule, it must have regard to any financial support which any person has provided or is likely to provide to the claimant.

(5) Subject to paragraph (6), an application to vary must—

(a) if made by the claimant, be made in the claim form and provide the claimant’s reasons why, if the variation were not made, the costs of the proceedings would be prohibitively expensive for the claimant;

(b) if made by the defendant, be made in the acknowledgment of service and provide the defendant’s reasons why, if the variation were made, the costs of the proceedings would not be prohibitively expensive for the claimant; and

(6) An application to vary may be made at a later stage if there has been a significant change in circumstances (including evidence that the schedule of the claimant’s financial resources contained false or misleading information) which means that the proceedings would now—

(a) be prohibitively expensive for the claimant if the variation were not made; or

(b) not be prohibitively expensive for the claimant if the variation were made.

(7) An application under paragraph (6) must—

(a) if made by the claimant—

(i) be accompanied by a revised schedule of the claimant’s financial resources or confirmation that the claimant’s financial resources have not changed; and

(ii) provide reasons why the proceedings would now be prohibitively expensive for the claimant if the variation were not made; and

(b) if made by the defendant, provide reasons why the proceedings would now not be prohibitively expensive for the claimant if the variation were made.

(Rule 39.2(3)(c) makes provision for a hearing (or any part of it) to be in private if it involves confidential information (including information relating to personal financial matters) and publicity would damage that confidentiality.)

Challenging whether the claim is an Aarhus Convention claim

46.28

(1) Where a claimant has complied with rule 46.25(1), and subject to rule 46.25(2) and (3), rule 46.26 applies unless—

(a) the defendant has in the acknowledgment of service—

(i) denied that the claim is an Aarhus Convention claim; and

(ii) set out the defendant’s grounds for such denial; and

(b) the court has determined that the claim is not an Aarhus Convention claim.

(2) Where the defendant denies that the claim is an Aarhus Convention claim, the court must determine that issue at the earliest opportunity.

(3) In any proceedings to determine whether the claim is an Aarhus Convention claim—

(a) if the court holds that the claim is not an Aarhus Convention claim, it shall, except for good reason, make no order for costs in relation to those proceedings;

(b) if the court holds that the claim is an Aarhus Convention claim, it shall, except for good reason, order the defendant to pay the claimant’s costs of those proceedings to be assessed on the standard basis, and that order may be enforced even if this would increase the costs payable by the defendant beyond the amount stated in rule 46.26(3) or any variation of that amount.

Permission to appeal in certain contempt proceedings

52.3A

(1) Where the appeal is one to which rule 52.3(1)(c)(i), (ii) or (iii) applies—

(a) an application for permission to appeal must be made to the Divisional Court or the single judge of the High Court or the Court of Appeal (as the case may be); and

(b) the application must be made within 28 days of the date on which that Court provides reasons for its decision.

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

Determination of applications for permission to appeal to the County Court and High Court

Permission to appeal test – first appeals

Permission to appeal test – second appeals

Permission to appeal in contempt proceedings where the appeal lies to the Supreme Court

52.7A

(1) This rule applies where the appeal is—

(a) one to which rule 52.3(1)(c)(ii) applies; or

(b) from a decision to which rule 52.3(1)(c)(i) or (iii) applies and which was itself made on appeal.

(2) Where this rule applies the court from which the appeal lies may grant permission only if—

(a) that court certifies that a point of general public importance is involved in the decision; and

(b) it appears to that court that the point is one which ought to be considered by the Supreme Court.

Variation of time in certain contempt proceedings

Stay(GL)

Amendment of appeal notice

Striking out(GL) appeal notices and setting aside(GL) or imposing conditions on permission to appeal

Orders to limit the recoverable costs of an appeal – appeals in Aarhus Convention claims

Appeal court’s powers

Hearing of appeals

Non-disclosure of Part 36 offers and payments

Appeals under section 16 of the TPIM Act or section 52 of the National Security Act

Restoration proceedings

45.15A

(1) This rule applies to claims to which Section VI, Section VII or Section VIII apply.

(2) Where—

(a) it is necessary for the claimant to make an application in separate proceedings to restore a defendant company to the Companies Register; and

(b) the claimant is successful in their claim and obtains an order for costs against that defendant,

the fixed costs may include the amount specified in Table 15A (inclusive of any advocate’s fees incurred) in respect of the restoration proceedings, together with the disbursements allowed under paragraph (2) of that Table.

(3) Where appropriate, VAT may be recovered in addition to the cost of any disbursement allowable under this rule.

Reply to acknowledgment of service

54.8A

(1) A claimant who has been served with any acknowledgment of service in accordance with rule 54.8(2)(b)(i) may file a reply.

(2) Any reply must be—

(a) filed not more than 7 days after service of the acknowledgment of service; and

(b) served on—

(i) the defendant; and

(ii) any person served with the claim form,

as soon as practicable and in any event not later than 7 days after it is filed.

(3) The time limits under this rule may not be extended by agreement between the parties.

(4) Practice Direction 54A makes provision as to the content and length of any reply.

Failure to file acknowledgment of service

Permission given

Service of order giving or refusing permission

Permission decision where court requires a hearing

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

Applications to set aside a registration order or decision

Section X — Fixed Costs Determination

Summary determination after hearing

45.63

(1) Subject to paragraph (3), where the court makes an order for costs at the conclusion of a hearing, it shall in the absence of agreement between the parties make a summary determination of the amount of fixed costs or disbursements to which the receiving party is entitled in accordance with this Part.

(2) Any party who intends to claim any fixed costs or disbursements in accordance with this Part, must file at court and serve on any party against whom an order for payment is intended to be sought a completed Precedent U, which must include, if applicable, the details of any claim under rule 45.9, rule 45.10 or rule 45.13, no later than 24 hours before the time fixed for the hearing.

(3) Where a court is unable to make a summary determination at the conclusion of a hearing—

(a) it may direct that the amount of fixed costs or disbursements be determined with or without a further hearing and may give such directions for the determination as it thinks fit; and

(b) the costs of that determination shall be treated as if it were an interim application under rule 45.8.

Determination where parties agree on all issues except costs

45.64

(1) Where, in a claim to which this Part applies, the parties have reached an agreement made or confirmed in writing on all issues except the amount of costs or disbursements to be allowed under this Part, the receiving party may apply for the amount of those costs or disbursements to be determined in accordance with this rule.

(2) Where proceedings have been started, the application must be made in those proceedings under Part 23 as modified by this rule.

(3) Where proceedings have not been started, the application must be made by the commencement of costs only proceedings under rule 46.14 as modified by this rule.

(4) Save where the court directs to the contrary—

(a) the evidence in support of the application must—

(i) be served with the application; and

(ii) include the written agreement or confirmation, together with a completed Precedent U containing details of the costs or disbursements to which the applicant claims to be entitled and, if applicable, the details of any claim under rule 45.9, rule 45.10 or rule 45.13;

(b) any evidence in response to the application must be filed and served—

(i) within 21 days of service of the application where proceedings have been started; or

(ii) within 21 days of filing the acknowledgment of service where proceedings have not been started,

and must include a completed response to the applicant’s Precedent U;

(d) the costs which the court may allow for the application are those set out in Table 17 in Practice Direction 45 and any appropriate court fee.

(5) The court shall record its determination of the application by annotating Precedent U with its decision noted against each item claimed, which must be served on the parties together with a notice stating that any party who wishes to challenge any aspect of the determination must file and serve a written request for a hearing.

(6) Any request for a hearing must—

(a) be made within 21 days of service of the notice;

(b) identify the decisions in the determination which the party wishes the court to reconsider; and

and if no such request is filed and served within that period, the determination shall be binding upon the parties.

(7) The court shall fix a date for the hearing and give at least 14 days’ notice of the hearing.

(8) The court must order the requesting party to pay the costs of and incidental to the hearing unless they achieve an adjustment in their own favour that is at least 20% of the sum determined under paragraph (5).

(9) For the purposes of any order for costs made in respect of the hearing, the application is to be treated as an interim application under rule 45.8 and the amount payable shall be determined summarily at the hearing.

Court’s power to direct assessment in conjunction with fixed costs determination

45.65

Where, in any claim to which this Section applies, a party seeks an assessment of costs under rule 45.9, rule 45.10 or rule 45.50(3)—

(a) that party must notify the court; and

(b) the court may give such directions as it thinks appropriate for those costs to be assessed in conjunction with the fixed costs determination.

Non-application of Part 36

45.66

Part 36 does not apply to any determination under this Section.

Permission to appeal from the Court of Appeal to the Supreme Court

52.3B

Where the appeal is one to which rule 52.3(1)(c)(iv) applies—

(a) an application for permission to appeal must be made to the Court of Appeal;

(b) the application must be made within 28 days after the date of the decision of the Court of Appeal which the appellant wishes to appeal.

Determination of applications for permission to appeal to the Court of Appeal

Permission to appeal test – first appeals

Permission to appeal test – second appeals

Permission to appeal in contempt proceedings where the appeal lies to the Supreme Court

References under section 6A of the Act: proceedings before County Court or High Court

References under section 6A of the Act: Court of Appeal

Submissions to the Court of Appeal on references on assimilated case law under section 6A of the Act

Interventions in references on assimilated case law under section 6A of the Act in the Court of Appeal

References on assimilated case law by law officers under section 6B of the Act

68.6

(1) A reference under section 6B of the Act to the Court of Appeal is made when a law officer files the reference with the Court of Appeal.

(2) A reference filed under paragraph (1) must—

(a) state the question to be determined on the point of law which arose on assimilated case law in proceedings before a court or tribunal (other than a higher court) which have concluded;

(b) confirm that the conditions in section 6B(1) of the Act are met;

(d) if the reference is made by the Lord Advocate, the Counsel General for Wales or the Attorney General for Northern Ireland, confirm that the point of law relates to the meaning or effect of relevant Scotland legislation, relevant Wales legislation or relevant Northern Ireland legislation, as applicable.

(3) A law officer making a reference under paragraph (1) must serve a copy of the reference on each of the other law officers before it is filed with the Court of Appeal.

Steps after reference accepted

68.7

When the Court of Appeal accepts a reference made to it under section 6A or 6B of the Act, it must give directions for the management of the case and set a timetable for the steps to be taken between the giving of directions and the hearing of the reference. (Section 6B(5) of the Act requires a court to which a reference is made under that section to accept the reference.)

Section 6C of the Act - decisions on whether to depart from assimilated case law

68.8

(1) Where section 6C of the Act applies, notice of the proceedings must be given to the law officers listed in section 6C(2).

(2) A notice given under paragraph (1) must also be given to all parties to the proceedings.

(3) The following shall be joined as a party to the proceedings on notifying the court that they wish to be joined—

(a) any UK law officer;

(b) the Lord Advocate if the argument relates to the meaning or effect of relevant Scotland legislation;

(d) the Attorney General for Northern Ireland, if the argument relates to the meaning or effect of relevant Northern Ireland legislation.

(4) Notification under paragraph (3) shall also be given to the other parties to the proceedings.

(5) The Court of Appeal may not decide the question whether it should depart from assimilated case law unless 28 days, or such other period as the court directs, has elapsed since the giving of notice under paragraph (1).

SECTIONI — Interim Remedies in General

Court’s powers

Timing

Applications and evidence

Application for an interim remedy in specific situations

SECTION II — Interim Injunctions

Court’s powers

Applications

Evidence

Applications without notice

Form of order

Interim injunction to cease if claim is stayed or automatically struck out

Injunctions against third parties

SECTIONIII — Freezing Injunctions

Scope

Evidence

Form of order

SECTION IV — Search and Imaging Orders

Scope

Supervising Solicitor

25.16

In this Section, ‘Supervising Solicitor’ means a solicitor experienced in the operation of search orders, who is not an employee or member of the applicant’s firm of solicitors.

Evidence

25.17

(1) An application must be supported by evidence on affidavit or affirmation.

(2) The affidavit or affirmation must—

(a) state the address of the premises and whether it is a private or business address;

(b) state the name, firm and its address, and experience of the Supervising Solicitor and, where an imaging order is sought, the independent IT expert; and

(c) fully disclose the reason the order is sought, including the probability that relevant material would disappear if the order were not made.

Form of order

25.18

(1) The applicant must use the wording of the model search and imaging order in the form approved in accordance with rule 4(1), modified as appropriate.

(2) Any modifications to the model order must be drawn to the judge’s attention at the application hearing.

(3) If the court orders that service by the Supervising Solicitor is not required, the reasons must be set out in the order.

Service

25.19

Unless the court otherwise orders, the order must be served personally by a Supervising Solicitor.

SECTION V — Interim Payment Orders

Court’s powers

25.20

(1) The court must not order an interim payment of more than a reasonable proportion of the likely amount of the final judgment.

(2) The court must take into account contributory negligence and any relevant set-off or counterclaim.

(3) The court may order an interim payment by instalments. If so, the order must set out—

(a) the total amount of the payment;

(b) the amount of each instalment;

(d) to whom payment should be made.

(4) Where a party seeks an interim payment and the court has ordered an account to be taken, if on the evidence the account is bound to result in a payment to the applicant, the court must, before making an order for interim payment, order that the liable party pay to the applicant the amount shown by the account to be due.

(5) The permission of the court must be obtained before making a voluntary interim payment in respect of a claim by a child or protected party. ‘Child’ and ‘protected party’ have the same meanings as in rule 21.1(2).

(6) The court may adjust any interim payment whether or not any payment has yet been made (voluntarily or under a previously made order). The court may in particular—

(a) order all or part of the interim payment to be repaid;

(b) vary or discharge the order for the interim payment;

(7) The court may make an order under paragraph (6)(c) only if—

(a) the defendant to be reimbursed has claimed against the other defendant for a contribution, indemnityor other remedy; and

(b) where the claim to which the interim payment relates has not been discontinued or disposed of, the circumstances are such that the court could make an interim payment order under this Section.

(8) Where a defendant has made an interim payment, and the amount of the payment is more than their total liability under the final judgment or order, the court may award them interest on the overpaid amount from the date when they made the interim payment.

(Practice Direction 40B, paragraphs 6.1 to 6.4 provide further information concerning adjustment of the final judgment sum.)

Applications

25.21

(1) The claimant may not apply for an interim payment order before the end of the period for filing an acknowledgment of service applicable to the defendant against whom the application is made.

(Rule 10.3 sets out the period for filing an acknowledgment of service.)

(2) The claimant may make more than one application for an interim payment order.

(3) A copy of the application notice must be served at least 14 days before the hearing of the application and must be supported by evidence.

(4) If the respondent wishes to rely on written evidence at the hearing, they must file the written evidence and serve copies on every other party to the application at least 7 days before the hearing.

(5) If the applicant wishes to rely on written evidence in reply, they must file the written evidence and serve a copy on the respondent at least 3 days before the hearing.

(6) This rule does not require written evidence to be filed if it has already been filed, or to be served on a party on whom it has already been served.

(7) The court may make an order under this rule without an application by any party if it makes the order when it disposes of the claim or any part of it.

Evidence

25.22

(1) An application for an interim payment order must be supported by evidence dealing with—

(a) the sum of money sought by way of an interim payment;

(b) the items or matters in respect of which the interim payment is sought;

(d) the reasons for believing that the conditions set out in rule 25.23 are satisfied;

(e) any other relevant matters;

(f) in claims for personal injuries, details of special damages and past and future loss; and

(g) in a claim under the Fatal Accidents Act 1976, details of the person(s) on whose behalf the claim is made and the nature of the claim.

(2) Any documents in support of the application must be exhibited, including, in personal injuries claims, any medical report.

Conditions to be satisfied

25.23

The court may only make an interim payment order where any of the following conditions are satisfied—

(a) the defendant against whom the order is sought has admitted liability to pay damages or another sum of money to the claimant;

(b) the claimant has obtained judgment against that defendant for damages to be assessed, or for another sum of money (other than costs) to be assessed;

(c) it is satisfied that, if the claim went to trial, the claimant would obtain judgment for a substantial amount of money (other than costs) against the defendant from whom they are seeking an interim payment, whether or not that defendant is the only defendant or one of several;

(e) the claimant is seeking an order for possession of land (whether or not any other order is also sought), and the court is satisfied that, if the case went to trial, the defendant would be held liable (even if the claim for possession fails) to pay the claimant a sum of money for the defendant’s occupation and use of the land while the claim for possession was pending; or

(f) there are two or more defendants and the order is sought against any one or more of them, and—

(i) the court is satisfied that, if the claim went to trial, the claimant would obtain judgment for a substantial amount of money (other than costs) against at least one of the defendants (but the court cannot determine which); and

(ii) all the defendants are either public bodies; or insured in respect of the claim; or are defendants whose liability will be met by an insurer under section 151 of the Road Traffic Act 1988, or an insurer acting under the Motor Insurers Bureau Agreement, or the Motor Insurers Bureau where it is acting itself.

Compensation recovery payments

25.24

(1) Where in a claim for personal injuries there is a contested application for interim payment of damages, the defendant must obtain a certificate from the Secretary of State (as defined in rule 36.20(1)(e)) where the claim—

(a) falls under the heads of damage set out in column 1 of Schedule 2 to the Social Security (Recovery of Benefits) Act 1997 (‘the 1997 Act’) in respect of recoverable benefits received by the claimant set out in column 2 of that Schedule, or includes damages in respect of a disease for which a lump sum payment within the definition in section 1A(2) of the 1997 Act has been, or is likely to be made; and

(b) the defendant is liable to pay a recoverable amount (as defined in rule 36.20(1)(c)) to the Secretary of State.

(2) A copy of the certificate must be filed at the hearing of the application.

(3) The order must set out the deductible amount (as defined in rule 36.20(1)(d)).

(4) The payment made to the claimant must be the net amount but for the purpose of calculating the payment after the final judgment, the gross amount of the interim payment must be used.

Restriction on disclosure

25.25

The fact that a defendant has made an interim payment, whether voluntarily or by court order, shall not be disclosed to the trial judge until all questions of liability and the amount of money to be awarded have been decided, unless that defendant agrees.

SECTION VI — Security for Costs

Applications

25.26

(1) A defendant to any claim may apply for security for their costs of the proceedings.

(Part 3 provides for the court to order payment of sums into court in other circumstances. Rule 20.3 provides for this Section to apply to counterclaims or other additional claims.)

(2) An application for security for costs must be supported by written evidence.

(3) Where the court makes an order for security for costs, it must determine the amount of security, and direct the manner and time within which the security must be given.

Conditions to be satisfied

25.27

The court may make an order for security for costs if—

(a) it is satisfied, having regard to all the circumstances of the case, that it is just to make such an order; and

(b) either an enactment permits the court to require security for costs, or one or more of the following conditions apply—

(i) the claimant is resident out of the jurisdiction;

(ii) the claimant is a company or other body (whether incorporated inside or outside England and Wales) and there is reason to believe that it will be unable to pay the defendant’s costs if ordered to do so;

(iii) the claimant has changed their address since the claim was commenced with a view to evading the consequences of the litigation;

(iv) the claimant failed to give their address in the claim form, or gave an incorrect address;

(v) the claimant is acting as a nominal claimant, other than as a representative claimant under Part 19, and there is reason to believe that they will be unable to pay the defendant’s costs if ordered to do so;

(vi) the claimant has taken steps in relation to their assets that would make it difficult to enforce an order for costs against them.

Security for costs other than from the claimant

25.28

The defendant may seek a security for costs order against a person other than the claimant, and the court may make such an order, if—

(a) the court is satisfied, having regard to all the circumstances of the case, that it is just to make such an order;

(b) the person has assigned the right to the claim to the claimant with a view to avoiding the possibility of a costs order being made against them, or has contributed or agreed to contribute to the claimant’s costs in return for a share of any recovery in the proceedings; and

Security for costs of an appeal

25.29

(1) The court may order security for costs of an appeal against an appellant, or a respondent who also appeals, on the same grounds as it may order security for costs against a claimant.

(2) The court may also make such an order where the appellant, or the respondent who also appeals, is a limited company and there is reason to believe it will be unable to pay the costs of the other parties to the appeal should its appeal be unsuccessful.

SECTION 3 — Referral of Release Decisions

Scope

77.16

This Section applies where the Secretary of State directs the Parole Board to refer a release decision to the High Court under section 32ZAA of the Crime (Sentences) Act 1997 (“the 1997 Act”) or section 256AZBA of the Criminal Justice Act 2003 (“the 2003 Act”).

Part 8 procedure

77.17

The Part 8 procedure applies to proceedings under this Section with the following modifications.

Proceedings under this Section

77.18

In proceedings under this Section—

(a) the referral of a release decision shall be treated as an application by the Secretary of State;

(b) the Secretary of State is the claimant;

(d) the Parole Board and any victim (as defined in section 1 of the Victims and Prisoners Act 2024) of an offence to which the referral relates are not parties;

(e) rules 8.7 and 8.8 shall not apply.

The application

77.19

(1) The claim form must—

(a) state that the Parole Board has been directed by the claimant to refer the release decision to the court because the claimant considers that—

(i) the release of the defendant would be likely to undermine public confidence in the parole system; and

(ii) if the case were referred, the High Court might not be satisfied that it is no longer necessary for the protection of the public that the defendant should be confined;

(b) identify the provisions in the 1997 Act or the 2003 Act under which the direction was made; and

(2) Rule 8.5(1) is modified such that, not later than two days after the date on which the claim form is filed, the claimant must file with the court and, together with the claim form, serve on the defendant—

(a) the claimant’s reasons for considering why the court might not be satisfied that it is no longer necessary for the protection of the public that the defendant should be confined;

(b) any representations regarding the directions the court may include as to the conditions to be included in the defendant’s licence on release;

(d) all information and reports served on and considered by the Parole Board; and

(e) any further information the claimant considers relevant to the application.

(3) Paragraph (2) is subject to rule 77.21.

(4) In any proceedings under this Section, the claimant may not rely on any written evidence or information unless—

(a) it has been served in accordance with—

(i) a rule or practice direction under this Section; or

(ii) a direction of the court; or

(b) the court gives permission.

(5) Without prejudice to Sub-section 2, until the proceedings to which this Section applies are concluded, the claimant must file and serve on the defendant any material which—

(a) adversely affects the claimant’s case; or

(b) supports the defendant’s case.

Service on the defendant

77.20

(1) Except where rule 6.7 applies—

(a) the claim form must be served personally in accordance with rule 6.5; and

(b) the time within which a certificate of service must be filed under rule 6.17(2)(a) shall be within 7 days of service of the claim form.

(2) Except where the defendant has given an address for service under rule 6.23(2)(a), a document other than the claim form must be served on the defendant personally in accordance with rule 6.22.

Applications for non-disclosure

77.21

Any application under section 6(2) of the Justice and Security Act 2013 (“the 2013 Act”) or rule 77.23 must be made—

(a) when the claimant files material under rule 77.19(2); or

(b) if they have filed their material under rule 77.19(2), when the claimant files any additional material in respect of which they wish to make an application.

Applications under Part 2 of the 2013 Act

77.22

Where Part 2 of the 2013 Act applies to proceedings under this Section, Part 82 shall apply.

Applications other than under Part 2 of the 2013 Act

77.23

(1) This rule applies where, on application by the claimant, the court considers that—

(a) the disclosure of any information or any report (“the relevant material”) would adversely affect—

(i) the prevention of disorder or crime; or

(ii) the health or welfare of the defendant or any other person; and

(b) withholding the relevant material is a necessary and proportionate measure.

(2) Where this rule applies, the court must direct that the relevant material—

(a) be withheld from the defendant and their legal representative;

(b) be withheld from the defendant, but disclosed to their legal representative, in full or in a summary or redacted version, subject to the legal representative undertaking to the court not to disclose the relevant material or the summary or redacted version (as the case may be) to the defendant, or to any other person except as directed by the court and provided in the undertaking;

(d) be withheld from the defendant and their legal representative, but disclosed to a special advocate.

(3) The court may vary or set aside a direction under paragraph (2) on application or of its own motion.

Relevant material and statement of reasons to be filed

77.24

(1) An application under rule 77.23(1) must—

(a) include the relevant material;

(b) identify the persons from whom the relevant material should be withheld;

(c) set out the reasons for withholding the relevant material and explain why it is a necessary and proportionate measure;

(d) if the claimant proposes disclosure in a summary or redacted version, include a draft of that document; and

(e) state whether the claimant will withdraw and no longer rely on the relevant material in the event of the application being refused.

(2) When an application is made under rule 77.23(1), the application need not be served on the defendant, but the claimant must, at the same time as filing the application—

(a) notify the defendant that an application has been made, whether or not a special advocate has already been appointed;

(b) if the application proposes disclosure to the defendant in a summary or redacted version, include with the notification a draft of that document; and

(c) if one has been appointed in respect of an earlier application under rule 77.23(1), serve on the special advocate the application and accompanying material under paragraph (1).

(3) Where paragraph (2)(c) applies, the special advocate may file and serve on the claimant written submissions regarding the application within 14 days of service of the application.

Consideration of the application

77.25

(1) Where the court considers an application under rule 77.23(1) it may—

(a) determine the application without a hearing; or

(b) direct a hearing of the application.

(2) Rule 23.8(3) is modified to provide that, under this rule and rule 77.29, a party includes a special advocate if one has been appointed.

(3) Where the court makes a direction under rule 77.23(2)(b), within 7 days after the date on which the defendant is notified of the court’s decision or such other period as the court may direct, the legal representative must—

(a) file and serve on the claimant the required undertaking; or

(b) inform both the court and the claimant of their decision not to do so.

(4) Where the legal representative—

(a) gives the required undertaking under paragraph (3), the claimant must, within two days of the date on which it is served on them—

(i) serve on the legal representative the relevant material in full or as directed; or

(ii) inform both the court and the defendant of their decision not to rely on it; or

(b) does not give the required undertaking within the time specified in paragraph (3) or informs the court of their decision not to give undertakings, the claimant must seek further directions from the court.

(5) Where the court does not give permission to withhold relevant material from the defendant, or has made a direction under rule 77.23(2)(c), within seven days after the date on which they are notified of the court’s decision or such other period as the court may direct, the claimant must—

(a) serve on the defendant the relevant material in full, or as directed; or

(b) inform both the court and the defendant of their decision not to rely on it.

(6) Where the claimant has informed the court of their decision not to rely on the relevant material in full or as directed—

(a) the claimant shall not be required to serve the relevant material on the defendant or comply with the direction; but

(b) the court may, at a hearing on notice, if it considers that the relevant material or anything that is required to be summarised or redacted might adversely affect the claimant’s case or support the case of the defendant, direct that the claimant is not to rely on such points, or that the claimant makes such concessions or takes such other steps, as the court may direct.

Hearings

77.26

(1) Where the court considers it necessary to exclude the defendant from any hearing or part of that hearing to ensure that relevant material subject to a direction under rule 77.23(2) is not disclosed to them, the court must direct that the hearing, or that part of it from which the defendant is excluded, be conducted in private.

(2) Unless the court directs otherwise, the court shall serve notice of the date, time and place fixed for a hearing on every party and, if one has been appointed for the purposes of the proceedings, the special advocate or those instructing the special advocate.

Special advocates

77.27

(1) In any proceedings to which this Sub-section applies, the court may at any stage direct the claimant to request the Attorney General to appoint a special advocate to represent the interests of the defendant.

(2) The function of a special advocate is to represent the interests of the defendant by, for example—

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

(b) adducing evidence and cross-examining witnesses at such a hearing;

(d) making written submissions to the court, including whether relevant material withheld under rule 77.23(2) should be disclosed in full or in a summary or redacted version.

(3) Where the court makes a direction under paragraph (1), the claimant—

(a) must within seven days of receipt of notification of their appointment, serve on the special advocate, copies of—

(i) the claim form and further material specified in rule 77.19(2), and any further evidence served on the defendant;

(ii) the acknowledgement of service and any further evidence served by the defendant;

(iii) the application under rule 77.23(1) and the relevant material and documents specified in rule 77.24(1); and

(iv) if applicable, the court’s direction under rule 77.23(2); and

(b) may not rely on the relevant material which is the subject of the application under rule 77.23(1) unless a special advocate has been appointed, and the relevant material has been served on them.

Special advocates – communicating about proceedings

77.28

(1) A special advocate may communicate with the defendant, or their legal representative, at any timebeforethe claimant serves the relevant material on the special advocate.

(2) After the relevant material has been served on the special advocate, they must not communicate with any person about any matter connected with the proceedings, except in accordance with paragraphs (3), (4) or (8)(b) or with a direction of the court pursuant to a request under paragraph (5).

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

(a) the court;

(b) the claimant;

(d) any other person, except for the defendant or their 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 communicate with the defendant or their legal representative with the express agreement of the claimant.

(5) The special advocate may request directions from the court authorising them to communicate with—

(a) subject to paragraph (6), the defendant or their legal representative; or

(b) with any other person.

(6) Where the special advocate wishes to communicate with the defendant or their legal representative, the special advocate may not, without good reason, request directions under paragraph (5)(a) unless the claimant has refused their request under paragraph (4).

(7) Where the special advocate requests directions under paragraph (5)—

(a) the special advocate must notify the claimant of the request; and

(b) the claimant must, within two days or such other period as may be directed by the court, file and serve on the special advocate notice of any objection to the proposed communication, or to the form in which it is proposed to be made.

(8) Paragraph (2) does not prohibit the defendant or their legal representative communicating with the special advocate after the claimant has served relevant material on the special advocate, but—

(a) they may only do so in writing; and

(b) the special advocate must not reply to the communication other than in accordance with directions given by the court, except that the special advocate may, under paragraph (4) or without such directions, send a written acknowledgment of receipt.

Consideration of the claimant’s objection under rule 77.28(7)(b)

77.29

(1) If the claimant objects to a proposed communication under rule 77.28(7)(b)—

(a) the special advocate may file and serve on the claimant a reply to the objection;

(b) the claimant and the special advocate must file with the court a schedule identifying the issues which cannot be agreed between them and which must—

(i) give brief reasons for their contentions on each issue in dispute; and

(ii) set out any proposals for the court to resolve the issues in dispute.

(2) On receipt of the claimant’s objection, the special advocate may give notice that they do not challenge it.

(3) The court may—

(a) consider the claimant’s objection without a hearing; or

(b) if the court considers that it is necessary before it can determine the matter, direct a hearing.

Failure to comply with directions

77.30

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

(a) the respect in which they have failed to comply with the direction;

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

(c) that the court may proceed to determine the proceedings before it, on the material available to it, if they fail to comply with the relevant direction within the time specified.

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

Orders under the 1997 Act and 2003 Act

77.31

(1) Where the court makes an order in any proceedings to which this Sub-section 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 material, the disclosure of which would adversely affect—

(a) the prevention of disorder or crime; or

(b) the health or welfare of the defendant or any other person.

(2) Where the court’s judgment does not include the full reasons for its decision, the court must serve on the claimant, the defendant’s legal representative if appropriate, and, if appointed, the special advocate, a separate written judgment giving those reasons.

Supply of court documents

77.32

Unless the court otherwise directs, 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 Sub-section applies.

Appeals

77.33

(1) Part 52 (appeals) applies to an appeal to the Court of Appeal—

(a) against an order of the High Court on or in relation to an application under rule 77.23(1); and

(b) where the order under appeal was not made on or in relation to a matter within sub-paragraph (a) but the appeal proceedings involve such a matter.

(2) Paragraph (1) is subject to—

(a) this Sub-section; and

(b) paragraph (3) of this rule.

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

(4) Unless the court directs otherwise, an appeal to the Court of Appeal in proceedings under paragraph (1), must be determined at a hearing.

Ordering a party to request another person to disclose a document

31.12A

The court may order a party to request any person to produce for disclosure and inspection any document which may support the case or adversely affect the case of any party to the proceedings.

Disclosure in stages

Documents referred to in statements of case etc.

Inspection and copying of documents

Disclosure before proceedings start

Orders for disclosure against a person not a party

Rules not to limit other powers of the court to order disclosure

Claim to withhold inspection or disclosure of a document

Restriction on use of a privileged document inspection of which has been inadvertently allowed

Consequence of failure to disclose documents or permit inspection

Subsequent use of disclosed documents and completed Electronic Documents Questionnaires

False, disclosure statements

Special advocate’s position statement

82.26A

(1) The special advocate may file, or the court of its own motion may direct the special advocate to file, a statement of case, witness statement or, in judicial review proceedings, grounds of challenge, limited to matters arising substantially out of information disclosed in the sensitive material served on them, which has not been disclosed to the specially represented party (“the special advocate’s position statement”).

(2) The special advocate’s position statement may—

(a) supplement the specially represented party’s statement of case, witness statement or grounds of challenge; and

(b) include additional particulars, items in dispute or grounds of challenge, which may also be advanced in the alternative,

provided that it does not contradict the specially represented party’s statement of case or grounds of challenge.

(3) The special advocate’s position statement must be filed within 28 days after the date on which the court, following consideration of a closed material application, gives permission to the relevant person to withhold sensitive material, or such other period as the court may direct.

(4) The court may give such further directions as it considers appropriate, including directions for—

(a) the service of the special advocate’s position statement; and

(b) further statements of case, witness statements, additional grounds of challenge or further response as applicable.

(5) The special advocate’s position statement shall only be disclosed to—

(a) the court;

(b) the relevant person; and

(6) Unless the court otherwise directs, rule 5.4B (supply of documents to a party from court records) and rule 5.4C (supply of documents to a non-party from court records) do not apply to a special advocate’s position statement.

(7) Rule 22.1 (documents to be verified by a statement of truth) and rule 31.14 (documents referred to in statements of case etc.) do not apply to a special advocate’s position statement.

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