Statutory Instruments 1998 No. 3132 (L. 17)
The Civil Procedure Rules 1998
- continued

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PART 30

Transfer
Rule 30.1 Scope of this Part
Rule 30.2 Transfer between county courts and within the High Court
Rule 30.3 Criteria for a transfer order
Rule 30.4 Procedure
Rule 30.5 Transfer between Divisions and to and from a specialist list
Rule 30.6 Power to specify place where hearings are to be held
Rule 30.7 Transfer of control of money in court
Rule 30.8 Certiorari or prohibition

PART 31

Disclosure And Inspection Of Documents
Rule 31.1 Scope of this Part
Rule 31.2 Meaning of disclosure
Rule 31.3 Right of inspection of a disclosed document
Rule 31.4 Meaning of document
Rule 31.5 Disclosure limited to standard disclosure
Rule 31.6 Standard disclosure - what documents are to be disclosed
Rule 31.7 Duty of search
Rule 31.8 Duty of disclosure limited to documents which are or have been in a party's control
Rule 31.9 Disclosure of copies
Rule 31.10 Procedure for standard disclosure
Rule 31.11 Duty of disclosure continues during proceedings
Rule 31.12 Specific disclosure or inspection
Rule 31.13 Disclosure in stages
Rule 31.14 Documents referred to in statements of case etc.
Rule 31.15 Inspection and copying of documents
Rule 31.16 Disclosure before proceedings start
Rule 31.17 Orders for disclosure against a person not a party
Rule 31.18 Rules not to limit other powers of the court to order disclosure
Rule 31.19 Claim to withhold inspection or disclosure of a document
Rule 31.20 Restriction on use of a privileged document inspection of which has been inadvertently allowed
Rule 31.21 Consequence of failure to disclose documents or permit inspection
Rule 31.22 Subsequent use of disclosed documents

PART 32

Evidence
Rule 32.1 Power of court to control evidence
Rule 32.2 Evidence of witnesses - general rule
Rule 32.3 Evidence by video link or other means
Rule 32.4 Requirement to serve witness statements for use at trial
Rule 32.5 Use at trial of witness statements which have been served
Rule 32.6 Evidence in proceedings other than at trial
Rule 32.7 Order for cross-examination
Rule 32.8 Form of witness statement
Rule 32.9 Witness summaries
Rule 32.10 Consequence of failure to serve witness statement or summary
Rule 32.11 Cross-examination on a witness statement
Rule 32.12 Use of witness statements for other purposes
Rule 32.13 Availability of witness statements for inspection
Rule 32.14 False statements
Rule 32.15 Affidavit evidence
Rule 32.16 Form of affidavit
Rule 32.17 Affidavit made outside the jurisdiction
Rule 32.18 Notice to admit facts
Rule 32.19 Notice to admit or produce documents

PART 33

Miscellaneous Rules About Evidence
Rule 33.1 Introductory
Rule 33.2 Notice of intention to rely on hearsay evidence
Rule 33.3 Circumstances in which notice of intention to rely on hearsay evidence is not required
Rule 33.4 Power to call witness for cross-examination on hearsay evidence
Rule 33.5 Credibility
Rule 33.6 Use of plans, photographs and models as evidence
Rule 33.7 Evidence of finding on question of foreign law
Rule 33.8 Evidence of consent of trustee to act

PART 34

Depositions And Court Attendance By Witnesses
Rule 34.1 Scope of this Part
Rule 34.2 Witness summonses
Rule 34.3 Issue of a witness summons
Rule 34.4 Witness summons in aid of inferior court or of tribunal
Rule 34.5 Time for serving a witness summons
Rule 34.6 Who is to serve a witness summons
Rule 34.7 Right of witness to travelling expenses and compensation for loss of time
Rule 34.8 Evidence by deposition
Rule 34.9 Conduct of examination
Rule 34.10 Enforcing attendance of witness
Rule 34.11 Use of deposition at a hearing
Rule 34.12 Restrictions on subsequent use of deposition taken for the purpose of any hearing except the trial
Rule 34.13 Where a person to be examined is out of the jurisdiction - letter of request
Rule 34.14 Fees and expenses of examiner
Rule 34.15 Examiners of the court

PART 35

Experts And Assessors
Rule 35.1 Duty to restrict expert evidence
Rule 35.2 Interpretation
Rule 35.3 Experts - overriding duty to the court
Rule 35.4 Court's power to restrict expert evidence
Rule 35.5 General requirement for expert evidence to be given in written report
Rule 35.6 Written questions to experts
Rule 35.7 Court's power to direct that evidence is to be given by a single joint expert
Rule 35.8 Instructions to a single joint expert
Rule 35.9 Power of court to direct party to provide information
Rule 35.10 Contents of report
Rule 35.11 Use by one party of expert's report disclosed by another
Rule 35.12 Discussions between experts
Rule 35.13 Consequence of failure to disclose expert's report
Rule 35.14 Expert's right to ask court for directions
Rule 35.15 Assessors

PART 36

Offers To Settle And Payments Into Court
Rule 36.1 Scope of this Part
Rule 36.2 Part 36 offers and Part 36 payments - general provisions
Rule 36.3 A defendant's offer to settle a money claim requires a Part 36 payment
Rule 36.4 Defendant's offer to settle the whole of a claim which includes both a money claim and a non-money claim
Rule 36.5 Form and content of a Part 36 offer
Rule 36.6 Notice of a Part 36 payment
Rule 36.7 Offer to settle a claim for provisional damages
Rule 36.8 Time when a Part 36 offer or a Part 36 payment is made and accepted
Rule 36.9 Clarification of a Part 36 offer or a Part 36 payment notice
Rule 36.10 Court to take into account offer to settle made before commencement of proceedings
Rule 36.11 Time for acceptance of a defendant's Part 36 offer or Part 36 payment
Rule 36.12 Time for acceptance of a claimant's Part 36 offer
Rule 36.13 Costs consequences of acceptance of a defendant's Part 36 offer or Part 36 payment
Rule 36.14 Costs consequences of acceptance of a claimant's Part 36 offer
Rule 36.15 The effect of acceptance of a Part 36 offer or a Part 36 payment
Rule 36.16 Payment out of a sum in court on the acceptance of a Part 36 payment
Rule 36.17 Acceptance of a Part 36 offer or a Part 36 payment made by one or more, but not all, defendants
Rule 36.18 Other cases where a court order is required to enable acceptance of a Part 36 offer or a Part 36 payment
Rule 36.19 Restriction on disclosure of a Part 36 offer or a Part 36 payment
Rule 36.20 Costs consequences where a claimant fails to do better than a Part 36 offer or a Part 36 payment
Rule 36.21 Costs and other consequences where claimant does better than he proposed in his Part 36 offer
Rule 36.22 Interest
Rule 36.23 Deduction of benefits

PART 37

Miscellaneous Provisions About Payments Into Court
Rule 37.1 Money paid into court under a court order - general
Rule 37.2 Money paid into court may be treated as a Part 36 payment
Rule 37.3 Money paid into court where defendant wishes to rely on defence of tender before claim
Rule 37.4 Proceedings under Fatal Accidents Act 1976 and Law Reform (Miscellaneous Provisions) Act 1934 - apportionment by court

PART 38

Discontinuance
Rule 38.1 Scope of this Part
Rule 38.2 Right to discontinue claim
Rule 38.3 Procedure for discontinuing
Rule 38.4 Right to apply to have notice of discontinuance set aside
Rule 38.5 When discontinuance takes effect where permission of the court is not needed
Rule 38.6 Liability for costs
Rule 38.7 Discontinuance and subsequent proceedings
Rule 38.8 Stay of remainder of partly discontinued proceedings where costs not paid

PART 39

Miscellaneous Provisions Relating To Hearings
Rule 39.1 Interpretation
Rule 39.2 General rule - hearing to be in public
Rule 39.3 Failure to attend the trial
Rule 39.4 Timetable for trial
Rule 39.5 Trial bundles
Rule 39.6 Representation at trial of companies or other corporations
Rule 39.7 Impounded documents

PART 40

Judgments And Orders
Rule 40.1 Scope of this Part
Rule 40.2 Standard requirements
Rule 40.3 Drawing up and filing of judgments and orders
Rule 40.4 Service of judgments and orders
Rule 40.5 Power to require judgment or order to be served on a party as well as his solicitor
Rule 40.6 Consent judgments and orders
Rule 40.7 When judgment or order takes effect
Rule 40.8 Time from which interest begins to run
Rule 40.9 Who may apply to set aside or vary a judgment or order
Rule 40.10 Judgment against a State in default of acknowledgment of service
Rule 40.11 Time for complying with a judgment or order
Rule 40.12 Correction of errors in judgments and orders
Rule 40.13 Cases where court gives judgment both on claim and counterclaim
Rule 40.14 Judgment in favour of certain part owners relating to the detention of goods

PART 41

Provisional Damages
Rule 41.1 Application and definitions
Rule 41.2 Order for an award of provisional damages
Rule 41.3 Application for further damages

PART 42

Change Of Solicitor
Rule 42.1 Solicitor acting for a party
Rule 42.2 Change of solicitor - duty to give notice
Rule 42.3 Order that a solicitor has ceased to act
Rule 42.4 Removal of solicitor who has ceased to act on application of another party

PART 43

Scope Of Costs Rules And Definitions
Rule 43.1 Scope of this Part
Rule 43.2 Definitions and application
Rule 43.3 Meaning of summary assessment
Rule 43.4 Meaning of detailed assessment

PART 44

General Rules About Costs
Rule 44.1 Scope of this Part
Rule 44.2 Solicitor's duty to notify client
Rule 44.3 Court's discretion and circumstances to be taken into account when exercising its discretion as to costs
Rule 44.4 Basis of assessment
Rule 44.5 Factors to be taken into account in deciding the amount of costs
Rule 44.6 Fixed costs
Rule 44.7 Procedure for assessing costs
Rule 44.8 Time for complying with an order for costs
Rule 44.9 Costs on the small claims track and fast track
Rule 44.10 Limitation on amount court may award where a claim allocated to the fast track settles before trial
Rule 44.11 Costs following allocation and re-allocation
Rule 44.12 Cases where costs orders deemed to have been made
Rule 44.13 Special situations
Rule 44.14 Court's powers in relation to misconduct

PART 45

Fixed Costs
Rule 45.1 Scope of this Part
Rule 45.2 Amount of fixed commencement costs
Rule 45.3 When defendant only liable for fixed commencement costs
Rule 45.4 Costs on entry of judgment
Rule 45.5 Miscellaneous fixed costs

PART 46

Fast Track Trial Costs
Rule 46.1 Scope of this Part
Rule 46.2 Amount of fast track trial costs
Rule 46.3 Power to award more or less than amount of fast track trial costs
Rule 46.4 Fast track trial costs where there is more than one claimant or defendant

PART 47

Procedure For Detailed Assessment Of Costs And Default Provisions
I
General Rules About Detailed Assessment
Rule 47.1 Time when detailed assessment may be carried out
Rule 47.2 No stay of detailed assessment where there is an appeal
Rule 47.3 Powers of an authorised court officer
Rule 47.4 Venue for detailed assessment proceedings
II
Costs Payable By One Party To Another - Commencement Of Detailed Assessment Proceedings
Rule 47.5 Application of this section
Rule 47.6 Commencement of assessment proceedings
Rule 47.7 Period for commencing detailed assessment proceedings
Rule 47.8 Sanction for delay in commencing detailed assessment proceedings
Rule 47.9 Points of dispute and consequence of not serving
Rule 47.10 Procedure where costs are agreed
III
Costs Payable By One Party To Another - Default Provisions
Rule 47.11 Default costs certificate
Rule 47.12 Setting aside default costs certificate
IV
Costs Payable By One Party To Another - Procedure Where Points Of Dispute Are Served
Rule 47.13 Optional reply
Rule 47.14 Detailed assessment hearing
V
Interim Costs Certificate And Final Costs Certificate
Rule 47.15 Power to issue an interim certificate
Rule 47.16 Final costs certificate
VI
Detailed Assessment Procedure For Costs Of An Assisted Person Where Costs Are Payable Out Of The legal Aid Fund
Rule 47.17 Detailed assessment procedure for costs of an assisted person where costs are payable out of the legal aid fund
VII
Costs Of Detailed Assessment Proceedings
Rule 47.18 Liability for costs of detailed assessment proceedings
Rule 47.19 Offers to settle without prejudice save as to costs of the detailed assessment proceedings
VIII
Appeals In Detailed Assessment Proceedings
Rule 47.20 Right to appeal
Rule 47.21 Preliminary requirements for bringing an appeal
Rule 47.22 Court to hear appeal
Rule 47.23 Duty to seek reasons
Rule 47.24 Obtaining the court's permission to appeal
Rule 47.25 Appeal procedure
Rule 47.26 Powers of the court on appeal

PART 48

Costs - Special Cases
I
Costs Payable By Or To Particular Persons
Rule 48.1 Pre-commencement disclosure and orders for disclosure against a person who is not a party
Rule 48.2 Costs orders in favour of or against non-parties
Rule 48.3 Amount of costs where costs are payable pursuant to a contract
Rule 48.4 Limitations on court's power to award costs in favour of trustee or personal representative
Rule 48.5 Costs where money is payable by or to a child or patient
Rule 48.6 Litigants in person
II
Costs Relating To Solicitors And Other Legal Representatives
Rule 48.7 Personal liability of legal representative for costs - wasted costs orders
Rule 48.8 Basis of detailed assessment of solicitor and client costs
Rule 48.9 Conditional fees
Rule 48.10 Assessment procedure

PART 49

Specialist Proceedings
Rule 49 Specialist proceedings

PART 50

Application Of The Schedules
Rule 50 Application of the Schedules

PART 51

Transitional Arrangements
Rule 51 Transitional Arrangements

Glossary

  Schedule 1 -  RSC Rules

  Schedule 2 -  CCR Rules

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Prepared 9 February 1999