|Statutory Instruments 1998 No. 3132 (L. 17)|
The Civil Procedure Rules 1998 - continued
Sanctions for non - payment of certain fees
(b) the court dispenses with the need for an allocation questionnaire or a listing questionnaire or both; or
(c) these Rules do not require an allocation questionnaire or a listing questionnaire to be filed in relation to the claim in question.
(Rule 26.3 provides for the court to dispense with the need for an allocation questionnaire and rules 28.5 and 29.6 provide for the court to dispense with the need for a listing questionnaire)
(b) in the circumstances where the claimant is not required to file an allocation questionnaire or a listing questionnaire,
if, at the time the fee is due, the claimant has not paid the fee or made an application for exemption from or remission of the fee.
(b) make an application for an exemption from or remission of the fee,
by the date specified in the notice -
(ii) the claimant shall be liable for the costs which the defendant has incurred unless the court orders otherwise.
(Rule 44.12 provides for the basis of assessment where a right to costs arises under this rule)
(b) the claimant shall be liable for the costs which the defendant has incurred unless the court orders otherwise.
(7) If -
(b) the court grants relief under that rule,
the relief shall be conditional on the claimant -
(ii) filing evidence of exemption from payment or remission of the fee,
within 2 days of the date of the order.
Sanctions have effect unless defaulting party obtains relief
(b) specifies the consequence of failure to comply,
the time for doing the act in question may not be extended by agreement between the parties.
(b) whether the application for relief has been made promptly;
(c) whether the failure to comply was intentional;
(d) whether there is a good explanation for the failure;
(e) the extent to which the party in default has complied with other rules, practice directions, court orders and any relevant pre-action protocol(GL);
(f) whether the failure to comply was caused by the party or his legal representative;
(g) whether the trial date or the likely trial date can still be met if relief is granted;
(h) the effect which the failure to comply had on each party; and
(i) the effect which the granting of relief would have on each party.
(2) An application for relief must be supported by evidence.
(b) the court may make an order to remedy the error.
4. - (1) The forms set out in a practice direction shall be used in the cases to which they apply.
(2) A form may be varied by the court or a party if the variation is required by the circumstances of a particular case.
(3) A form must not be varied so as to leave out any information or guidance which the form gives to the recipient.
(4) Where these Rules require a form to be sent by the court or by a party for another party to use, it must be sent without any variation except such as is required by the circumstances of the particular case.
(5) Where the court or a party produces a form shown in a practice direction with the words "Royal Arms", the form must include a replica of the Royal Arms at the head of the first page.
Contents of this Part
Scope of this Part
5.1 This Part contains general provisions about -
(b) the obligations of a court officer in relation to those documents.
Preparation of documents
(b) it is a document to which -
(ii) CCR Order 25, rule 8(9) (reissue of warrant where condition upon which warrant was suspended has not been complied with); or
(iii) CCR Order 28, rule 11(1) (issue of warrant of committal),
(2) Nothing in this rule shall require a court officer to accept a document which is illegible, has not been duly authorised, or is unsatisfactory for some other similar reason.
(b) files a written request for the document.
(2) Any other person who pays the prescribed fee may, during office hours, search for, inspect and take a copy of the following documents, namely -
(b) any judgment or order given or made in public;
(c) any other document if the court gives permission.
(3) An application for permission under paragraph (2)(c) may be made without notice.
Contents of this Part
Part 6 rules about service apply generally
6.1 The rules in this Part apply to the service of documents, except where -
(b) the court orders otherwise.
(Other rules which deal with service include the following -
(b) service on the Crown - see RSC Order 77 r.4 and CCR Order 42 r.7;
(c) service in proceedings for the recovery of land and mortgage possession actions - see RSC Order 10 r.4 and CCR Order 7 rr.15 and15A.)
Methods of service - general
(b) first class post;
(c) leaving the document at a place specified in rule 6.5;
(d) through a document exchange in accordance with the relevant practice direction; or
(e) by fax or other means of electronic communication in accordance with the relevant practice direction.
(Rule 6.8 provides for the court to permit service by an alternative method)
(b) section 695 of that Act (service on oversea companies); and
(c) section 694A of that Act (service of documents on companies incorporated outside the UK and Gibraltar and having a branch in Great Britain).
Who is to serve
(b) the party on whose behalf the document is to be served notifies the court that he wishes to serve it himself;
(c) a practice direction provides otherwise;
(d) the court orders otherwise; or
(e) the court has failed to serve and has sent a notice of non-service to the party on whose behalf the document is to be served in accordance with rule 6.11.
(2) Where the court is to serve a document, it is for the court to decide which of the methods of service specified in rule 6.2 is to be used.
(b) has notified the party serving the document in writing that he is so authorised,
a document must be served on the solicitor, unless personal service is required by an enactment, rule, practice direction or court order.
(5) A document is served personally on a partnership where partners are being sued in the name of their firm by leaving it with -
(b) a person who, at the time of service, has the control or management of the partnership business at its principal place of business.
Address for service
(2) A party must give an address for service within the jurisdiction.
(b) resides or carries on business within the jurisdiction,
he must give his residence or place of business as his address for service.
(b) by leaving it at the place of service;
(c) through a document exchange; or
(d) by fax or by other means of electronic communication,
must be sent or transmitted to, or left at, the address for service given by the party to be served.
(b) the document to be served is not the claim form;
the party's address for service is the business address of his solicitor.
(b) the party has not given an address for service,
the document must be sent or transmitted to, or left at, the place shown in the following table.
(7) This rule does not apply where an order made by the court under rule 6.8 (service by an alternative method) specifies where the document in question may be served.
Service of documents on children and patients
6.6 - (1) The following table shows the person on whom a document must be served if it is a document which would otherwise be served on a child or a patient -
(2) The court may make an order permitting a document to be served on the child or patient, or on some person other than the person specified in the table in this rule.
(3) An application for an order under paragraph (2) may be made without notice.
(4) The court may order that, although a document has been served on someone other than the person specified in the table, the document is to be treated as if it had been properly served.
(5) This rule does not apply where the court has made an order under rule 21.2(3) allowing a child to conduct proceedings without a litigation friend.
(Part 21 contains rules about the appointment of a litigation friend)
6.7 - (1) A document which is served in accordance with these rules or any relevant practice direction shall be deemed to be served on the day shown in the following table -
(2) If a document (other than a claim form) is served after 5 p.m. on a business day, or at any time on a Saturday, Sunday or a bank holiday, the document shall be treated as having been served on the next business day.
(3) In this rule -
Service by an alternative method
(b) may be made without notice.
(3) An order permitting service by an alternative method must specify -
(b) the date when the document will be deemed to be served.
Power of court to dispense with service
(b) the details set out in the following table -
Notice of non-service
(b) the court is unable to serve it,
the court must send a notice of non-service stating the method attempted to the party who requested service.
General rules about service subject to special rules about service of claim form
6.12 The general rules about service are subject to the special rules about service contained in rules 6.13 to 6.16.
Service of claim form by the court - defendant's address for service
6.13 - (1) Where a claim form is to be served by the court, the claim form must include the defendant's address for service.
(2) For the purposes of paragraph (1), the defendant's address for service may be the business address of the defendant's solicitor if he is authorised to accept service on the defendant's behalf but not otherwise.
(Rule 6.5 contains general provisions about the address for service)
Certificate of service relating to the claim form
6.14 - (1) Where a claim form is served by the court, the court must send the claimant a notice which will include the date when the claim form is deemed to be served under rule 6.7.
(2) Where the claim form is served by the claimant -
(b) he may not obtain judgment in default under Part 12 unless he has filed the certificate of service.
(Rule 6.10 specifies what a certificate of service must show)
(b) a claim form containing only a claim in respect of that contract is issued,
the claim form shall, subject to paragraph (2), be deemed to be served on the defendant if it is served by a method specified in the contract.
(b) it may be served without permission under RSC Order 11 r.1(2).
Service of claim form on agent of principal who is overseas
(b) the conditions specified in paragraph (2) are satisfied,
the court may, on an application only, permit a claim form relating to a contract to be served on a defendant's agent.
(b) at the time of the application either the agent's authority has not been terminated or he is still in business relations with his principal.
(3) An application under this rule -
(b) may be made without notice.
(4) An order under this rule must state a period within which the defendant must respond to the particulars of claim.
(b) the claim form.
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