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

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PART 7

HOW TO START PROCEEDINGS - THE CLAIM FORM




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

Where to start proceedings
     7.1 Restrictions on where proceedings may be started are set out in the relevant practice direction.

How to start proceedings
    
7.2  - (1) Proceedings are started when the court issues a claim form at the request of the claimant.

    (2) A claim form is issued on the date entered on the form by the court.

    (A person who seeks a remedy from the court before proceedings are started or in relation to proceedings which are taking place, or will take place, in another jurisdiction must make an application under Part 23)

(Part 16 sets out what the claim form must include)

Right to use one claim form to start two or more claims
    
7.3 A claimant may use a single claim form to start all claims which can be conveniently disposed of in the same proceedings.

Particulars of claim
    
7.4  - (1) Particulars of claim must - 

    (2) Particulars of claim must be served on the defendant no later than the latest time for serving a claim form.

(Rule 7.5 sets out the latest time for serving a claim form)

    (3) Where the claimant serves particulars of claim separately from the claim form in accordance with paragraph (1)(b), he must, within 7 days of service on the defendant, file a copy of the particulars together with a certificate of service.

(Part 16 sets out what the particulars of claim must include)

(Part 22 requires particulars of claim to be verified by a statement of truth)

(Rule 6.10 makes provision for a certificate of service)

Service of a claim form
    
7.5  - (1) After a claim form has been issued, it must be served on the defendant.

    (2) The general rule is that a claim form must be served within 4 months after the date of issue.

    (3) The period for service is 6 months where the claim form is to be served out of the jurisdiction.

Extension of time for serving a claim form
    
7.6  - (1) The claimant may apply for an order extending the period within which the claim form may be served.

    (2) The general rule is that an application to extend the time for service must be made - 

    (3) If the claimant applies for an order to extend the time for service of the claim form after the end of the period specified by rule 7.5 or by an order made under this rule, the court may make such an order only if - 

    (4) An application for an order extending the time for service - 

Application by defendant for service of claim form
    
7.7  - (1) Where a claim form has been issued against a defendant, but has not yet been served on him, the defendant may serve a notice on the claimant requiring him to serve the claim form or discontinue the claim within a period specified in the notice.

    (2) The period specified in a notice served under paragraph (1) must be at least 14 days after service of the notice.

    (3) If the claimant fails to comply with the notice, the court may, on the application of the defendant - 

Form for defence etc. must be served with particulars of claim
    
7.8  - (1) When particulars of claim are served on a defendant, whether they are contained in the claim form, served with it or served subsequently, they must be accompanied by - 

    (2) Where the claimant is using the procedure set out in Part 8 (alternative procedure for claims) - 

Fixed date and other claims
    
7.9 A practice direction - 

Production Centre for claims
    
7.10  - (1) There shall be a Production Centre for the issue of claim forms and other related matters.

    (2) The relevant practice direction makes provision for - 

    (3) The relevant practice direction may disapply or modify these Rules as appropriate in relation to claims issued by the Production Centre.



PART 8

ALTERNATIVE PROCEDURE FOR CLAIMS




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

Types of claim in which Part 8 procedure may be followed
    
8.1  - (1) The Part 8 procedure is the procedure set out in this Part.

    (2) A claimant may use the Part 8 procedure where - 

    (a) he seeks the court's decision on a question which is unlikely to involve a substantial dispute of fact; or

    (b) paragraph (6) applies.

    (3) The court may at any stage order the claim to continue as if the claimant had not used the Part 8 procedure and, if it does so, the court may give any directions it considers appropriate.

    (4) Paragraph (2) does not apply if a practice direction provides that the Part 8 procedure may not be used in relation to the type of claim in question.

    (5) Where the claimant uses the Part 8 procedure he may not obtain default judgment under Part 12.

    (6) A rule or practice direction may, in relation to a specified type of proceedings - 

    (a) require or permit the use of the Part 8 procedure; and

    (b) disapply or modify any of the rules set out in this Part as they apply to those proceedings.

(Rule 8.9 provides for other modifications to the general rules where the Part 8 procedure is being used)

Contents of the claim form
    
8.2 Where the claimant uses the Part 8 procedure the claim form must state - 

(Part 22 provides for the claim form to be verified by a statement of truth)

(Rule 7.5 provides for service of the claim form)

Acknowledgment of service
    
8.3  - (1) The defendant must - 

    (2) The acknowledgment of service must state - 

    (3) The following rules of Part 10 (acknowledgment of service) apply - 

    (4) Part 11 (disputing the court's jurisdiction) applies subject to the modification that in rule 11(4)(a) and (5)(b) (time limit for application disputing court's jurisdiction) references to the period for filing a defence are treated as if they were references to a period of 14 days from the filing of an acknowledgment of service.

Consequence of not filing an acknowledgment of service
    
8.4  - (1) This rule applies where - 

    (2) The defendant may attend the hearing of the claim but may not take part in the hearing unless the court gives permission.

Filing and serving written evidence
    
8.5  - (1) The claimant must file any written evidence on which he intends to rely when he files his claim form.

    (2) The claimant's evidence must be served on the defendant with the claim form.

    (3) A defendant who wishes to rely on written evidence must file it when he files his acknowledgment of service.

    (4) If he does so, he must also, at the same time, serve a copy of his evidence on the other parties.

    (5) The claimant may, within 14 days of service of the defendant's evidence on him, file further written evidence in reply.

    (6) If he does so, he must also, within the same time limit, serve a copy of his evidence on the other parties.

    (7) The claimant may rely on the matters set out in his claim form as evidence under this rule if the claim form is verified by a statement of truth.

Evidence - general
    
8.6  - (1) No written evidence may be relied on at the hearing of the claim unless - 

    (2) The court may require or permit a party to give oral evidence at the hearing.

    (3) The court may give directions requiring the attendance for cross-examination(GL) of a witness who has given written evidence.

(Rule 32.1 contains a general power for the court to control evidence)

Part 20 claims
    
8.7 Where the Part 8 procedure is used, Part 20 (counterclaims and other additional claims) applies except that a party may not make a Part 20 claim (as defined by rule 20.2) without the court's permission.

Procedure where defendant objects to use of the Part 8 procedure
    
8.8  - (1) Where the defendant contends that the Part 8 procedure should not be used because - 

(Rule 8.5 requires a defendant who wishes to rely on written evidence to file it when he files his acknowledgment of service)

    (2) When the court receives the acknowledgment of service and any written evidence it will give directions as to the future management of the case.

(Rule 8.1(3) allows the court to make an order that the claim continue as if the claimant had not used the Part 8 procedure)

Modifications to the general rules
    
8.9 Where the Part 8 procedure is followed - 



PART 9

RESPONDING TO PARTICULARS OF CLAIM - GENERAL




Contents of this Part
Scope of this Part Rule 9.1
Defence, admission or acknowledgment of service Rule 9.2

Scope of this Part
    
9.1  - (1) This Part sets out how a defendant may respond to particulars of claim.

    (2) Where the defendant receives a claim form which states that particulars of claim are to follow, he need not respond to the claim until the particulars of claim have been served on him.

Defence, admission or acknowledgment of service
    
9.2 When particulars of claim are served on a defendant, the defendant may - 

    (a) file or serve an admission in accordance with Part 14;

    (b) file a defence in accordance with Part 15,

(or do both, if he admits only part of the claim); or

    (c) file an acknowledgment of service in accordance with Part 10.



PART 10

ACKNOWLEDGMENT OF SERVICE




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

Acknowledgment of service
    
10.1  - (1) This Part deals with the procedure for filing an acknowledgment of service.

    (2) Where the claimant uses the procedure set out in Part 8 (alternative procedure for claims) this Part applies subject to the modifications set out in rule 8.3.

    (3) A defendant may file an acknowledgment of service if - 

    (a) he is unable to file a defence within the period specified in rule 15.4; or

    (b) he wishes to dispute the court's jurisdiction.

(Part 11 sets out the procedure for disputing the court's jurisdiction)

Consequence of not filing an acknowledgment of service
    
10.2 If - 

the claimant may obtain default judgment if Part 12 allows it.

The period for filing an acknowledgment of service
    
10.3  - (1) The general rule is that the period for filing an acknowledgment of service is - 

    (2) The general rule is subject to the following rules - 

Notice to claimant that defendant has filed an acknowledgment of service
    
10.4 On receipt of an acknowledgment of service, the court must notify the claimant in writing.

Contents of acknowledgment of service
    
10.5 An acknowledgment of service must - 

(Rule 6.5 provides that an address for service must be within the jurisdiction)



PART 11

DISPUTING THE COURT'S JURISDICTION




Contents of this Part
Procedure for disputing the court's jurisdiction. Rule 11

Procedure for disputing the court's jurisdiction
    
11.  - (1) A defendant who wishes to - 

    (a) dispute the court's jurisdiction to try the claim; or

    (b) argue that the court should not exercise its jurisdiction,

may apply to the court for an order declaring that it has no such jurisdiction or should not exercise any jurisdiction which it may have.

    (2) A defendant who wishes to make such an application must first file an acknowledgment of service in accordance with Part 10.

    (3) A defendant who files an acknowledgment of service does not, by doing so, lose any right that he may have to dispute the court's jurisdiction.

    (4) An application under this rule must - 

    (a) be made within the period for filing a defence; and

    (b) be supported by evidence.

(Rule 15.4 sets out the period for filing a defence)

    (5) If the defendant - 

    (a) files an acknowledgment of service; and

    (b) does not make such an application within the period for filing a defence,

he is to be treated as having accepted that the court has jurisdiction to try the claim.

    (6) An order containing a declaration that the court has no jurisdiction or will not exercise its jurisdiction may also make further provision including - 

    (a) setting aside the claim form;

    (b) setting aside service of the claim form;

    (c) discharging any order made before the claim was commenced or before the claim form was served; and

    (d) staying(GL)the proceedings.

    (7) If on an application under this rule the court does not make a declaration - 

    (a) the acknowledgment of service shall cease to have effect; and

    (b) the defendant may file a further acknowledgment of service within 14 days or such other period as the court may direct.

    (8) If the defendant files a further acknowledgment of service in accordance with paragraph (7)(b) he shall be treated as having accepted that the court has jurisdiction to try the claim.

    (9) Where a defendant makes an application under this rule he need not file a defence before the hearing of the application.

    (10) Where the claimant uses the procedure set out in Part 8 (alternative procedure for claims) this Part applies subject to the modifications set out in rule 8.3.



PART 12

DEFAULT JUDGMENT




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

Meaning of "default judgment"
    
12.1 In these Rules, "default judgment" means judgment without trial where a defendant - 

    (a) has failed to file an acknowledgment of service; or

    (b) has failed to file a defence.

(Part 10 contains provisions about filing an acknowledgment of service and Part 15 contains provisions about filing a defence)

Claims in which default judgment may not be obtained
    
12.2 A claimant may not obtain a default judgment - 

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Prepared 9 February 1999