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

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The Civil Procedure Rule Committee, having power under section 2 of the Civil Procedure Act 1997[1] to make rules of court under section 1 of that Act, make the following rules which may be cited as the Civil Procedure Rules 1998 - 






PART 1

OVERRIDING OBJECTIVE




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

The overriding objective
     1.1  - (1) These Rules are a new procedural code with the overriding objective of enabling the court to deal with cases justly.

    (2) Dealing with a case justly includes, so far as is practicable - 

    (a) ensuring that the parties are on an equal footing;

    (b) saving expense;

    (c) dealing with the case in ways which are proportionate - 

      (i) to the amount of money involved;

      (ii) to the importance of the case;

      (iii) to the complexity of the issues; and

      (iv) to the financial position of each party;

    (d) ensuring that it is dealt with expeditiously and fairly; and

    (e) allotting to it an appropriate share of the court's resources, while taking into account the need to allot resources to other cases.

Application by the court of the overriding objective
    
1.2 The court must seek to give effect to the overriding objective when it - 

Duty of the parties
    
1.3 The parties are required to help the court to further the overriding objective.

Court's duty to manage cases
    
1.4  - (1) The court must further the overriding objective by actively managing cases.

    (2) Active case management includes  - 



PART 2

APPLICATION AND INTERPRETATION OF THE RULES




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

Application of the Rules
    
2.1  - (1) Subject to paragraph (2), these Rules apply to all proceedings in - 

    (a) county courts;

    (b) the High Court; and

    (c) the Civil Division of the Court of Appeal.

    (2) These Rules do not apply to proceedings of the kinds specified in the first column of the following Table (proceedings for which rules may be made under the enactments specified in the second column) except to the extent that they are applied to those proceedings by another enactment - 

Proceedings Enactments
     1. Insolvency proceedings

Insolvency Act 1986[2], ss.411 and 412
     2. Non-contentious or common form probate proceedings

Supreme Court Act 1981[3], s.127
     3. Proceedings in the High Court when acting as a Prize Court

Prize Courts Act 1894[4], s.3
     4. Proceedings before the judge within the meaning of Part VII of the Mental Health Act 1983[5]

Mental Health Act 1983, s.106
     5. Family proceedings

Matrimonial and Family Proceedings Act 1984[6], s.40

The glossary
    
2.2  - (1) The glossary at the end of these Rules is a guide to the meaning of certain legal expressions used in the Rules, but is not to be taken as giving those expressions any meaning in the Rules which they do not have in the law generally.

    (2) Subject to paragraph (3), words in these Rules which are included in the glossary are followed by "(GL)".

    (3) The words 'counterclaim', 'damages', 'practice form' and 'service', which appear frequently in the Rules, are included in the glossary but are not followed by "(GL)".

Interpretation
    
2.3  - (1) In these Rules - 

(Rule 6.5 provides for a party to give an address for service)

    "litigation friend" has the meaning given by Part 21;

    "patient" has the meaning given by rule 21.1(2);

    "RSC" is to be interpreted in accordance with Part 50;

    "statement of case" - 

    (a) means a claim form, particulars of claim where these are not included in a claim form, defence, Part 20 claim, or reply to defence; and

    (b) includes any further information given in relation to them voluntarily or by court order under rule 18.1;

    "statement of value" is to be interpreted in accordance with rule 16.3;

    "summary judgment" is to be interpreted in accordance with Part 24.

    (2) A reference to a "specialist list" is a reference to a list(GL)that has been designated as such by a relevant practice direction.

    (3) Where the context requires, a reference to "the court" means a reference to a particular county court, a district registry, or the Royal Courts of Justice.

Power of judge, Master or district judge to perform functions of the court
     2.4 Where these Rules provide for the court to perform any act then, except where an enactment, rule or practice direction provides otherwise, that act may be performed - 

Court staff
    
2.5  - (1) Where these Rules require or permit the court to perform an act of a formal or administrative character, that act may be performed by a court officer.

    (2) A requirement that a court officer carry out any act at the request of a party is subject to the payment of any fee required by a Fees Order for the carrying out of that act.

(Rule 3.2 allows a court officer to refer to a judge before taking any step)

Court documents to be sealed
    
2.6  - (1) The court must seal(GL) the following documents on issue - 

    (2) The court may place the seal(GL) on the document - 

    (3) A document purporting to bear the court's seal(GL) shall be admissible in evidence without further proof.

Court's discretion as to where it deals with cases
    
2.7 The court may deal with a case at any place that it considers appropriate.

Time
    
2.8  - (1) This rule shows how to calculate any period of time for doing any act which is specified - 

    (2) A period of time expressed as a number of days shall be computed as clear days.

    (3) In this rule "clear days" means that in computing the number of days - 

are not included.

Examples

    (4) Where the specified period - 

Example

    (5) When the period specified - 

for doing any act at the court office ends on a day on which the office is closed, that act shall be in time if done on the next day on which the court office is open.

Dates for compliance to be calendar dates and to include time of day
    
2.9  - (1) Where the court gives a judgment, order or direction which imposes a time limit for doing any act, the last date for compliance must, wherever practicable - 

    (2) Where the date by which an act must be done is inserted in any document, the date must, wherever practicable, be expressed as a calendar date.

Meaning of "month" in judgments, etc.
    
2.10 Where "month" occurs in any judgment, order, direction or other document, it means a calendar month.

Time limits may be varied by parties
    
2.11 Unless these Rules or a practice direction provide otherwise or the court orders otherwise, the time specified by a rule or by the court for a person to do any act may be varied by the written agreement of the parties.

(Rules 3.8 (sanctions have effect unless defaulting party obtains relief), 28.4 (variation of case management timetable - fast track) and 29.5 (variation of case management timetable - multi-track) provide for time limits that cannot be varied by agreement between the parties)



PART 3

THE COURT'S CASE MANAGEMENT POWERS




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

The court's general powers of management
    
3.1  - (1) The list of powers in this rule is in addition to any powers given to the court by any other rule or practice direction or by any other enactment or any powers it may otherwise have.

    (2) Except where these Rules provide otherwise, the court may  - 

    (a) extend or shorten the time for compliance with any rule, practice direction or court order (even if an application for extension is made after the time for compliance has expired);

    (b) adjourn or bring forward a hearing;

    (c) require a party or a party's legal representative to attend the court;

    (d) hold a hearing and receive evidence by telephone or by using any other method of direct oral communication;

    (e) direct that part of any proceedings (such as a counterclaim) be dealt with as separate proceedings;

    (f) stay(GL) the whole or part of any proceedings or judgment either generally or until a specified date or event;

    (g) consolidate proceedings;

    (h) try two or more claims on the same occasion;

    (i) direct a separate trial of any issue;

    (j) decide the order in which issues are to be tried;

    (k) exclude an issue from consideration;

    (l) dismiss or give judgment on a claim after a decision on a preliminary issue;

    (m) take any other step or make any other order for the purpose of managing the case and furthering the overriding objective.

    (3) When the court makes an order, it may  - 

    (a) make it subject to conditions, including a condition to pay a sum of money into court; and

    (b) specify the consequence of failure to comply with the order or a condition.

    (4) Where the court gives directions it may take into account whether or not a party has complied with any relevant pre-action protocol(GL).

    (5) The court may order a party to pay a sum of money into court if that party has, without good reason, failed to comply with a rule, practice direction or a relevant pre-action protocol.

    (6) When exercising its power under paragraph (5) the court must have regard to - 

    (a) the amount in dispute; and

    (b) the costs which the parties have incurred or which they may incur.

    (7) A power of the court under these Rules to make an order includes a power to vary or revoke the order.

Court officer's power to refer to a judge
    
3.2 Where a step is to be taken by a court officer - 

Court's power to make order of its own initiative
    
3.3  - (1) Except where a rule or some other enactment provides otherwise, the court may exercise its powers on an application or of its own initiative.

(Part 23 sets out the procedure for making an application)

    (2) Where the court proposes to make an order of its own initiative - 

    (3) Where the court proposes - 

it must give each party likely to be affected by the order at least 3 days' notice of the hearing.

    (4) The court may make an order of its own initiative without hearing the parties or giving them an opportunity to make representations.

    (5) Where the court has made an order under paragraph (4) - 

    (6) An application under paragraph (5)(a) must be made - 

Power to strike out a statement of case
    
3.4  - (1) In this rule and rule 3.5, reference to a statement of case includes reference to part of a statement of case.

    (2) The court may strike out(GL) a statement of case if it appears to the court - 

    (3) When the court strikes out a statement of case it may make any consequential order it considers appropriate.

    (4) Where - 

the court may, on the application of the defendant, stay(GL) that other claim until the costs of the first claim have been paid.

    (5) Paragraph (2) does not limit any other power of the court to strike out(GL) a statement of case.

Judgment without trial after striking out
    
3.5  - (1) This rule applies where - 

    (2) A party may obtain judgment with costs by filing a request for judgment if - 

    (3) The request must state that the right to enter judgment has arisen because the court's order has not been complied with.

    (4) A party must make an application in accordance with Part 23 if he wishes to obtain judgment under this rule in a case to which paragraph (2) does not apply.

Setting aside judgment entered after striking out
    
3.6  - (1) A party against whom the court has entered judgment under rule 3.5 may apply to the court to set the judgment aside.

    (2) An application under paragraph (1) must be made not more than 14 days after the judgment has been served on the party making the application.

    (3) If the right to enter judgment had not arisen at the time when judgment was entered, the court must set aside(GL) the judgment.

    (4) If the application to set aside(GL) is made for any other reason, rule 3.9 (relief from sanctions) shall apply.




Notes


[1] 1997 c.12.back

[2] 1986 c.45.back

[3] 1981 c.54.back

[4] 1894 c.39.back

[5] 1983 c.20.back

[6] 1984 c.42. Section 40 was amended by the Courts and Legal Services Act 1990 (c.41), Schedule 18, paragraph 50.back

[7] 1990 c.41.back



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