Statutory Instrument 1998 No. 3132 L.17)

      The Civil Procedure Rules 1998


      © Crown Copyright 1998

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STATUTORY INSTRUMENTS


1998 No. 3132 L.17)

SUPREME COURT OF ENGLAND AND WALES

COUNTY COURTS

The Civil Procedure Rules 1998

  Made 10th December 1998 
  Laid before Parliament 17th December 1998 
  Coming into force 26th April 1999 


ARRANGEMENT OF RULES


PART 1

Overriding Objective
Rule 1.1 The overriding objective
Rule 1.2 Application by the court of the overriding objective
Rule 1.3 Duty of the parties
Rule 1.4 Court's duty to manage cases

PART 2

Application And Interpretation Of The Rules
Rule 2.1 Application of the Rules
Rule 2.2 The glossary
Rule 2.3 Interpretation
Rule 2.4 Power of judge, Master or district judge to perform functions of the court
Rule 2.5 Court staff
Rule 2.6 Court documents to be sealed
Rule 2.7 Court's discretion as to where it deals with cases
Rule 2.8 Time
Rule 2.9 Dates for compliance to be calendar dates and to include time of day
Rule 2.10 Meaning of "month" in judgments, etc.
Rule 2.11 Time limits may be varied by parties

PART 3

The Court's Case Management Powers
Rule 3.1 The court's general powers of management
Rule 3.2 Court officer's power to refer to a judge
Rule 3.3 Court's power to make order of its own initiative
Rule 3.4 Power to strike out a statement of case
Rule 3.5 Judgment without trial after striking out
Rule 3.6 Setting aside judgment entered after striking out
Rule 3.7 Sanctions for non-payment of certain fees
Rule 3.8 Sanctions have effect unless defaulting party obtains relief
Rule 3.9 Relief from sanctions
Rule 3.10 General power of the court to rectify matters where there has been an error of procedure

PART 4

Forms
Rule 4 Forms

PART 5

Court Documents
Rule 5.1 Scope of this Part
Rule 5.2 Preparation of documents
Rule 5.3 Signature of documents by mechanical means
Rule 5.4 Supply of documents from court records

PART 6

Service Of Documents
I
General Rules About Service
Rule 6.1 Part 6 rules about service apply generally
Rule 6.2 Methods of service - general
Rule 6.3 Who is to serve
Rule 6.4 Personal service
Rule 6.5 Address for service
Rule 6.6 Service of documents on children and patients
Rule 6.7 Deemed service
Rule 6.8 Service by an alternative method
Rule 6.9 Power of court to dispense with service
Rule 6.10 Certificate of service
Rule 6.11 Notice of non-service
II
Special Provisions About Service Of The Claim Form
Rule 6.12 General rules about service subject to special rules about service of claim form
Rule 6.13 Service of claim form by the court - defendant's address for service
Rule 6.14 Certificate of service relating to the claim form
Rule 6.15 Service of claim form by contractually agreed method
Rule 6.16 Service of claim form on agent of principal who is overseas

PART 7

How To Start Proceedings - The Claim Form
Rule 7.1 Where to start proceedings
Rule 7.2 How to start proceedings
Rule 7.3 Right to use one claim form to start two or more claims
Rule 7.4 Particulars of claim
Rule 7.5 Service of a claim form
Rule 7.6 Extension of time for serving a claim form
Rule 7.7 Application by defendant for service of a claim form
Rule 7.8 Form for defence etc. must be served with particulars of claim
Rule 7.9 Fixed date and other claims
Rule 7.10 Production Centre for claims

PART 8

Alternative Procedure For Claims
Rule 8.1 Types of claim in which Part 8 procedure may be followed
Rule 8.2 Contents of the claim form
Rule 8.3 Acknowledgment of service
Rule 8.4 Consequence of not filing an acknowledgment of service
Rule 8.5 Filing and serving written evidence
Rule 8.6 Evidence - general
Rule 8.7 Part 20 claims
Rule 8.8 Procedure where defendant objects to use of Part 8 procedure
Rule 8.9 Modifications to the general rules

PART 9

Responding To Particulars Of Claim - General
Rule 9.1 Scope of this Part
Rule 9.2 Defence, admission or acknowledgment of service

PART 10

Acknowledgment Of Service
Rule 10.1 Acknowledgment of service
Rule 10.2 Consequence of not filing an acknowledgment of service
Rule 10.3 The period for filing an acknowledgment of service
Rule 10.4 Rule 10.4Notice to claimant that defendant has filed an acknowledgment of service
Rule 10.5 Contents of acknowledgment of service

PART 11

Disputing The Court's Jurisdiction
Rule 11 Procedure for disputing the court's jurisdiction

PART 12

Default Judgment
Rule 12.1 Meaning of "default judgment"
Rule 12.2 Claims in which default judgment may not be obtained
Rule 12.3 Conditions to be satisfied
Rule 12.4 Procedure for obtaining default judgment
Rule 12.5 Nature of judgment where default judgment obtained by filing a request
Rule 12.6 Interest
Rule 12.7 Procedure for deciding an amount or value
Rule 12.8 Claim against more than one defendant
Rule 12.9 Procedure for obtaining default judgment for costs only
Rule 12.10 Default judgment obtained by making an application
Rule 12.11 Supplementary provisions where applications for default judgment are made

PART 13

Setting Aside Or Varying Default Judgment
Rule 13.1 Scope of this Part
Rule 13.2 Cases where the court must set aside judgment entered under Part 12
Rule 13.3 Cases where the court may set aside or vary judgment entered under Part 12
Rule 13.4 Application to set aside or vary judgment - procedure
Rule 13.5 Claimant's duty to apply to set aside judgment
Rule 13.6 Abandoned claim restored where default judgment set aside

PART 14

Admissions
Rule 14.1 Making an admission
Rule 14.2 Period for making an admission
Rule 14.3 Admission by notice in writing - application for judgment
Rule 14.4 Admission of whole of claim for specified amount of money
Rule 14.5 Admission of part of claim for specified amount of money
Rule 14.6 Admission of liability to pay whole of claim for unspecified amount of money
Rule 14.7 Admission of liability to pay claim for unspecified amount of money where defendant offers a sum in satisfaction of the claim
Rule 14.8 Allocation of claims in relation to outstanding matters
Rule 14.9 Request for time to pay
Rule 14.10 Determination of rate of payment
Rule 14.11 Determination of rate of payment by court officer
Rule 14.12 Determination of rate of payment by judge
Rule 14.13 Right of re-determination
Rule 14.14 Interest

PART 15

Defence And Reply
Rule 15.1 Part not to apply where claimant uses Part 8 procedure
Rule 15.2 Filing a defence
Rule 15.3 Consequence of not filing a defence
Rule 15.4 The period for filing a defence
Rule 15.5 Agreement extending the period for filing a defence
Rule 15.6 Service of copy of defence
Rule 15.7 Making a counterclaim
Rule 15.8 Reply to defence
Rule 15.9 No statement of case after a reply to be filed without court's permission
Rule 15.10 Claimant's notice where defence is that money claimed has been paid
Rule 15.11 Claim stayed if it is not defended or admitted

PART 16

Statements Of Case
Rule 16.1 Part not to apply where claimant uses Part 8 procedure
Rule 16.2 Contents of the claim form
Rule 16.3 Statement of value to be included in the claim form
Rule 16.4 Contents of the particulars of claim
Rule 16.5 Contents of defence
Rule 16.6 Defence of set-off
Rule 16.7 Reply to defence
Rule 16.8 Court's power to dispense with statements of case

PART 17

Amendments To Statements Of Case
Rule 17.1 Amendments to statements of case
Rule 17.2 Power of court to disallow amendments made without permission
Rule 17.3 Amendments to statements of case with the permission of the court
Rule 17.4 Amendments to statements of case after the end of a relevant limitation period

PART 18

Further Information
Rule 18.1 Obtaining further information
Rule 18.2 Restriction on use of further information

PART 19

Addition And Substitution Of Parties
Rule 19.1 Change of parties - general
Rule 19.2 Provisions applicable where two or more persons are jointly entitled to a remedy
Rule 19.3 Procedure for adding and substituting parties
Rule 19.4 Special provisions about adding or substituting parties after the end of a relevant limitation period

PART 20

Counterclaims And Other Additional Claims
Rule 20.1 Purpose of Part 20
Rule 20.2 Meaning of "Part 20 claim"
Rule 20.3 Part 20 claim to be treated as a claim for the purposes of the Rules
Rule 20.4 Defendant's counterclaim against the claimant
Rule 20.5 Counterclaim against a person other than the claimant
Rule 20.6 Defendant's claim for contribution or indemnity from co-defendant
Rule 20.7 Procedure for making any other Part 20 claim
Rule 20.8 Service of a Part 20 claim form
Rule 20.9 Matters relevant to question of whether a Part 20 claim should be separate from main claim
Rule 20.10 Effect of service of a Part 20 claim
Rule 20.11 Special provisions relating to default judgment on a Part 20 claim other than a counterclaim or a contribution or indemnity notice
Rule 20.12 Procedural steps on service of a Part 20 claim form on a non-party
Rule 20.13 Case management where there is a defence to a Part 20 claim form

PART 21

Children And Patients
Rule 21.1 Scope of this Part
Rule 21.2 Requirement for litigation friend in proceedings by or against children and patients
Rule 21.3 Stage of proceedings at which a litigation friend becomes necessary
Rule 21.4 Who may be a litigation friend without a court order
Rule 21.5 How a person becomes a litigation friend without a court order
Rule 21.6 How a person becomes a litigation friend by court order
Rule 21.7 Court's power to change litigation friend and to prevent person acting as litigation friend
Rule 21.8 Appointment of litigation friend by court order - supplementary
Rule 21.9 Procedure where appointment of litigation friend ceases
Rule 21.10 Compromise etc. by or on behalf of child or patient
Rule 21.11 Control of money recovered by or on behalf of child or patient
Rule 21.12 Appointment of guardian of child's estate

PART 22

Statements Of Truth
Rule 22.1 Documents to be verified by a statement of truth
Rule 22.2 Failure to verify a statement of case
Rule 22.3 Failure to verify a witness statement
Rule 22.4 Power of the court to require a document to be verified

PART 23

General Rules About Applications For Court Orders
Rule 23.1 Meaning of "application notice" and "respondent"
Rule 23.2 Where to make an application
Rule 23.3 Application notice to be filed
Rule 23.4 Notice of an application
Rule 23.5 Time when an application is made
Rule 23.6 What an application notice must include
Rule 23.7 Service of a copy of an application notice
Rule 23.8 Applications which may be dealt with without a hearing
Rule 23.9 Service of application where application made without notice
Rule 23.10 Application to set aside or vary order made without notice
Rule 23.11 Power of the court to proceed in the absence of a party

PART 24

Summary Judgment
Rule 24.1 Scope of this Part
Rule 24.2 Grounds for summary judgment
Rule 24.3 Types of proceedings in which summary judgment is available
Rule 24.4 Procedure
Rule 24.5 Evidence for the purposes of a summary judgment hearing
Rule 24.6 Court's powers when it determines a summary judgment application

PART 25

Interim Remedies
Rule 25.1 Orders for interim remedies
Rule 25.2 Time when an order for an interim remedy may be made
Rule 25.3 How to apply for an interim remedy
Rule 25.4 Application for an interim remedy where there is no related claim
Rule 25.5 Inspection of property before commencement or against a non-party
Rule 25.6 Interim payments - general procedure
Rule 25.7 Interim payments - conditions to be satisfied and matters to be taken into account
Rule 25.8 Powers of court where it has made an order for interim payment
Rule 25.9 Restriction on disclosure of an interim payment
Rule 25.10 Interim injunction to cease if claim stayed

PART 26

Case Management - Preliminary Stage
Rule 26.1 Scope of this Part
Rule 26.2 Automatic transfer
Rule 26.3 Allocation questionnaire
Rule 26.4 Stay to allow for settlement of the case
Rule 26.5 Allocation
Rule 26.6 Scope of each track
Rule 26.7 General rule for allocation
Rule 26.8 Matters relevant to allocation to a track
Rule 26.9 Notice of allocation
Rule 26.10 Re-allocation

PART 27

The Small Claims Track
Rule 27.1 Scope of this Part
Rule 27.2 Extent to which other Parts apply
Rule 27.3 Court's power to grant a final remedy
Rule 27.4 Preparation for the hearing
Rule 27.5 Experts
Rule 27.6 Preliminary hearing
Rule 27.7 Power of court to add to, vary or revoke directions
Rule 27.8 Conduct of the hearing
Rule 27.9 Non-attendance of parties at a final hearing
Rule 27.10 Disposal without a hearing
Rule 27.11 Setting judgment aside and re-hearing
Rule 27.12 Right of appeal under Part 27
Rule 27.13 Procedure for making an appeal
Rule 27.14 Costs on the small claims track
Rule 27.15 Claim re-allocated from the small claims track to another track

PART 28

The Fast Track
Rule 28.1 Scope of this Part
Rule 28.2 General provisions
Rule 28.3 Directions
Rule 28.4 Variation of case management timetable
Rule 28.5 Listing questionnaire
Rule 28.6 Fixing or confirming the trial date and giving directions
Rule 28.7 Conduct of trial

PART 29

The Multi-Track
Rule 29.1 Scope of this Part
Rule 29.2 Case management
Rule 29.3 Case management conference and pre-trial review
Rule 29.4 Steps taken by the parties
Rule 29.5 Variation of case management timetable
Rule 29.6 Listing questionnaire
Rule 29.7 Pre-trial review
Rule 29.8 Setting a trial timetable and fixing or confirming the trial date or week
Rule 29.9 Conduct of the trial

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© Crown copyright 1998
Prepared 9 February 1999