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

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RSC ORDER 60

APPEALS TO COURT OF APPEAL FROM THE RESTRICTIVE PRACTICES COURT

Appeal to be brought by notice of appeal
     Rule 1 An appeal to the Court of Appeal from the Restrictive Practices Court under the Restrictive Practices Court Act 1976[126] must be brought by notice of appeal, and the notice of appeal must state any question of law and, in the case of proceedings under Part III of the Fair Trading Act 1973[127], any question of fact on which the appeal is brought together in each case with the appellant's contentions thereon.

Service of notice of appeal
     Rule 2  - (1) Within 28 days after the appellant receives a copy of the judgment constituting the case stated by the Restrictive Practices Court or within 28 days of the date on which permission to appeal to the Court of Appeal was granted, he must serve the notice of appeal and a copy of the judgment on every other party to the proceedings before that Court and must serve the notice of appeal on that Court.

    (2) Where the appellant applies to the said Court for the Court's judgment to be amplified or amended - 

    (a) he shall be deemed for the purpose of paragraph (1) to have received a copy of the judgment on the date on which he receives a copy of the order made on his application, and

    (b) the judgment constituting the case stated shall be the judgment with such amplifications or amendments, if any, as may be specified in that order.

Entry, etc. of appeal
     Rule 3  - (1) Within 7 days after service of the notice of appeal, the appellant must file the judgment constituting the case and two copies of the notice with the Court of Appeal and Order 59, rule 5 shall apply subject to any necessary modifications.

    (2) The office of the Court of Appeal shall notify the Restrictive Practices Court of the decision of the Court of Appeal on the appeal and of any directions given by the Court of Appeal thereon.

Powers of Court of Appeal
     Rule 4 The Court of Appeal shall have power to draw inferences of fact from the facts set forth in the judgment of the Restrictive Practices Court constituting the case.



RSC ORDER 61

APPEALS FROM TRIBUNALS TO COURT OF APPEAL BY CASE STATED

Statement of case by Lands Tribunal
     Rule 1  - (1) The time within which a person aggrieved by a decision of the Lands Tribunal as being erroneous in point of law may under section 3 (4) of the Lands Tribunal Act 1949[128], or any other enactment require the Tribunal to state a case for the decision of the Court of Appeal shall be 4 weeks from the date of the decision, and the application for the statement of the case must be made to the registrar of the Tribunal in writing.

    (2) A case stated by the Tribunal must state the facts on which the decision was based and the decision of the Tribunal and must be signed by the member or members of the Tribunal by whom it was given.

    (3) The case must be stated as soon as may be after the application therefor is made and must be sent by post to the applicant.

    (4) Where the decision of the Lands Tribunal in respect of which a case is stated states all the relevant facts found by the Tribunal and indicates the questions of law on which the decision of the Court of Appeal is sought, a copy of the decision signed by the person who presided at the hearing shall be annexed to the case, and the facts so found and the questions of law to be decided shall be sufficiently stated in the case by referring to the statement thereof in the decision.

Statement of case by other tribunals
     Rule 2  - (1) Where any tribunal is empowered or may be required to state a case on a question of law for determination by the Court of Appeal, any party to the proceedings who is aggrieved by the tribunal's refusal to state a case may apply to the Court of Appeal or a single judge of that Court for an order requiring the tribunal to state a case.

    (2) An application under this rule must be made in accordance with CPR Part 23 and the application notice, stating in general terms the grounds of the application, together with the question of law on which it is desired that a case shall be stated and any reasons given by the tribunal for its refusal, must within 28 days after the refusal, be served on the clerk or registrar of the tribunal and on every other party to the proceedings before the tribunal.

    (3) Within 7 days after service of the application notice, the applicant must file two copies of the application notice with the Court of Appeal.

    (4) Where a tribunal is ordered under this rule to state a case, the tribunal must, within such period as may be specified in the order, state a case, stating the facts on which the decision of the tribunal was based and the decision, sign it and cause it to be sent by post to the applicant.

    (5) Rule 1 (4) shall apply in relation to a case stated by a tribunal other than the Lands Tribunal as it applies in relation to a case stated by that Tribunal.

    (6) In this rule, references to a tribunal other than the Lands Tribunal include references to a judge of the Commercial Court acting as an arbitrator or umpire under section 4 of the Administration of Justice Act 1970[129].

Proceedings on case stated
     Rule 3  - (A1) An application for permission to appeal to the Court of Appeal from any tribunal to which this Order applies may be combined with an application to the tribunal to state a case.

    (A2) An application for permission to appeal may not be made to the Court of Appeal until the tribunal has stated a case.

    (1) The party at whose instance a case has been stated by any tribunal to which this Order applies must, within 21 days after the date on which permission to appeal to the Court of Appeal was granted - 

    (a) serve on every other party to the proceedings before the tribunal a copy of the case, together with a notice of appeal setting out his contentions on the question of law; and

    (b) serve a copy of the notice on the clerk or registrar of the tribunal.

    (2) Within 7 days after service of the notice of appeal, the said party must file the case, and two copies of the notice with the Court of Appeal and Order 59, rule 5 shall apply subject to any necessary modifications.

    (3) Where any enactment under which the case is stated provides that a Minister or government department shall have a right to be heard in the proceedings on the case, a copy of the case and of the notice of appeal served under paragraph (1) must be served on that Minister or department.

    (4) On the hearing of the case, the Court of Appeal may amend the case or order it to be sent back to the tribunal for amendment.

    (5) Order 59 shall, so far as applicable, apply, in relation to a case stated by a tribunal to which this Order applies.

    (6) The office of the Court of Appeal shall notify the clerk or registrar of the tribunal of the decision of the Court of Appeal on the case and of any directions given by that Court thereon.



RSC ORDER 62

COSTS

APPENDIX 3

Fixed Costs

The scale of costs set out in this Appendix shall apply in the cases to which the Appendix refers.



PART II.

Costs on judgment without trial for possession of land
     1  - (1) Where the claim is for the possession of land, and the claimant obtains judgment - 

    (a) under CPR Part 12 (default judgment); or

    (c) under CPR Part 24 (summary judgment),

for possession of the land and costs, then, subject to sub-paragraph (2), there shall be allowed the costs prescribed by paragraph 2 of this Part of this Appendix.

    (2) Where the claimant is also entitled under the judgment to damages to be assessed, or where the plaintiff claims any remedy of the nature specified in Order 88, rule 1 (mortgage claims), this Part of this Appendix shall not apply.

     2. The costs to be allowed under this Part of this Appendix shall be 143.75, together with any court fee, and additional costs where appropriate set out the Table below.

Additional Costs


B. Additional Costs
(2)Where service by an alternative method is ordered and effected, in respect of each defendant served (3)Where service out of the jurisdiction is ordered and effected, in the case of service - (a)in Scotland, Northern Ireland, the Isle of Man or the Channel Islands
Amount to be allowed
    (1) Where there is more than one defendant, in respect of each additional defendant served

13.75
53.25  
68.25  
(b) in any other place out of the jurisdiction

77.00
    (4) In the case of default judgment under CPR Part 12 or summary judgment under CPR Part 24 the claimant makes an affidavit of service for the purpose of a judgment where the defendant failed to respond to the claim form (the allowance to include the search fee)

20.50
    (5) In the case of summary judgment under CPR Part 24 where an affidavit of service of the Part 23 application is required

20.50
    (6) In the case of summary judgment under CPR Part 24 for each adjournment of the application

20.50



PART III

Miscellaneous

This Part shows the amount to be allowed in respect of enforcement costs.

     2. Where a certificate in respect of money provisions contained in a judgment is registered in the High Court in the Register of United Kingdom judgments under Schedule 6 to the Civil Jurisdiction and Judgments Act 1982[130], there shall be allowed - 

Costs of registration


39.00
     2A. Where costs are allowed under the following paragraphs of this Part, the appropriate court fees shall be allowed in addition.

 
     3. Where, upon the application of any person who has obtained a judgment or order against a debtor for the recovery or payment of money, a garnishee order is made under Order 49 rule 1, against a garnishee attaching debts due or accruing due from the debtor, the following costs shall be allowed - 

    (a) to the garnishee to be deducted by him from any debt due by him as aforesaid before payment to the applicant


23.00
(b) to the applicant, to be retained, unless the Court otherwise orders, out of the money recovered by him under the garnishee order and in priority to the amount of the debt owing to him under the judgment or order - 

    (i) Basic costs

    If the amount recovered by the applicant from the garnishee is - 

    less than 150


one half of the amount recovered
not less than 150


98.50
(ii) Additional costs

Where the garnishee fails to attend the hearing of the application and an affidavit of service is required


18.00
     4. Where a charging order is granted and made absolute there shall be allowed - 

Basic costs


110.00
Additional costs where an affidavit of service is required


18.00
together with such reasonable disbursements in respect of search fees and the registration of the order as the Court may allow.

 
     5. Where leave is given under Order 45, rule 3, to enforce a judgment or order for the giving of possession of land by writ of possession, if the costs are allowed on the judgment or order there shall be allowed the following costs, which shall be added to the judgment or order - 

Basic costs


42.50
Where notice of the proceedings has been given to more than one person, in respect of each additional person


2.75
     6. Where a writ of execution within the meaning of Order 46, rule 1, is issued against any party, there shall be allowed - 

Costs of issuing execution


51.75



RSC ORDER 64

SITTINGS, VACATIONS AND OFFICE HOURS

Divisional Court business during vacation
     Rule 4 Proceedings which require to be immediately or promptly heard and which by virtue of the following provisions must be brought in a Divisional Court may, in vacation, be brought before a single judge:

    (a) Order 52, rules 1 (2) and 3 (1);

    (b) Order 53, rules 3 (4)(a) and 5 (1);

    (c) Order 55, rule 2 (a);

    (d) Order 56, rule 1 (1)(a).



RSC ORDER 69

SERVICE OF FOREIGN PROCESS

Definitions
     Rule 1 In this Order - 

    "a convention country" means a foreign country in relation to which there subsists a civil procedure convention providing for service in that country of process of the High Court, and includes a country which is a party to the Convention on the Service Abroad of Judicial and Extra-Judicial Documents in Civil or Commercial Matters signed at the Hague on 15 November 1965;

    "officer of the county court" means any clerk or bailiff in the service of a county court;

    "process" includes a citation;

    "process server" means the process server appointed under rule 4 or his authorised agent;

Applications
     Rule 2 This Order applies to the service on a person in England or Wales of any process in connection with civil or commercial proceedings in a foreign court or tribunal where the Senior Master receives a written request for service - 

    (a) from Her Majesty's Principal Secretary of State for Foreign and Commonwealth Affairs, with a recommendation by him that service should be effected; or

    (b) where the foreign court or tribunal is in a convention country, from a consular or other authority of that country.

Service of process
     Rule 3  - (1) The request shall be accompanied by a translation thereof in English, two copies of the process and, unless the foreign court or tribunal certifies that the person to be served understands the language of the process, two copies of a translation thereof.

    (2) Subject to paragraphs (3) and (5) and to any enactment providing for the manner of service of documents on corporate bodies, the process shall be served by the process server's leaving a copy of the process and a copy of the translation or certificate, as the case may be, with the person to be served.

    (3) The provisions of CPR rule 6.2(1)(c) and CPR rule 6.7 regarding service by leaving at a place specified in CPR rule 6.5, shall apply to the service of foreign process as they apply to the service of claim form, except that service may be proved by a witness statement or affidavit or by a certificate or report in such form as the Senior Master may direct.

    (4) The process server shall send to the Senior Master a copy of the process and a witness statement or affidavit, certificate or report proving due service of process or stating the reason why service could not be effected, as the case may be, and shall, if the Court so directs, specify the costs incurred in effecting or attempting to effect service.

    (5) CPR rule 6.8 (Service by an alternative method) shall apply to the service of foreign process as it applies to the service of claim forms, except that the Senior Master may make an order for alternative service of foreign process on the basis of the process server's witness statement or affidavit, certificate or report, without an application being made to him in that behalf.

    (6) The Senior Master shall send a certificate, together with a copy of the process, to the consular or other authority or the Secretary of State, as the case may be, stating - 

      (i) when and how service was effected or the reason why service could not be effected, as the case may be;

      (ii) where appropriate, the amount certified by the costs judge to be the costs of effecting or attempting to effect service.

    (7) The certificate under paragraph (6) shall be sealed with the seal of the Supreme Court for use out of the jurisdiction.

Appointment of process server
     Rule 4 The Lord Chancellor may appoint a process server for the purposes of this Order.



RSC ORDER 70

OBTAINING EVIDENCE FOR FOREIGN COURTS, ETC.

Interpretation and exercise of jurisdiction
     Rule 1  - (1) In this Order "the Act of 1975" means the Evidence (Proceedings in Other Jurisdictions) Act 1975[
131] and expressions used in this Order which are used in that Act shall have the same meaning as in that Act.

    (2) The power of the High Court to make an order under section 2 of the Act of 1975 may be exercised by a master of the Queen's Bench Division.

Application for order
     Rule 2  - (1) Subject to paragraph (3) and rule 3 an application for an order under the Act of 1975 must be made without notice being served on any other party and must be supported by witness statement or affidavit.

    (2) There shall be exhibited to the witness statement or affidavit the request in pursuance of which the application is made, and if the request is not in the English language, a translation thereof in that language.

    (3) Where on an application under section 1 of the Act of 1975 as applied by section 92 of the Patents Act 1977[132] an order is made for the examination of witnesses the Court may allow an officer of the European Patent Office to attend the examination and examine the witnesses or request the Court or the examiner before whom the examination takes place to put specified questions to them.

Application by Treasury Solicitor in certain cases
     Rule 3 -  Where a request

    (a) is received by the Secretary of State and sent by him to the Senior Master with an intimation that effect should be given to the request without requiring an application for that purpose to be made by the agent in England of any party to the matter pending or contemplated before the foreign court or tribunal; or

    (b) is received by the Senior Master in pursuance of a Civil Procedure Convention providing for the taking of the evidence of any person in England or Wales for the assistance of a court or tribunal in the foreign country, and no person is named in the document as the person who will make the necessary application on behalf of such party,

the Senior Master shall send the document to the Treasury Solicitor and the Treasury Solicitor may, with the consent of the Treasury, make an application for an order under the Act of 1975, and take such other steps as may be necessary, to give effect to the request.

Person to take and manner of taking examination
     Rule 4  - (1) Any order made in pursuance of this Order for the examination of a witness may order the examination to be taken before any fit and proper person nominated by the person applying for the order or before an examiner of the Court or before such other qualified person as to the Court seems fit.

    (2) Subject to rule 6 and to any special directions contained in any order made in pursuance of this Order for the examination of any witness, the examination shall be taken in manner provided by CPR rules 34.9 and 34.10 and an order may be made under CPR rule 34.14, for payment of the fees and expenses due to the examiner, and those rules shall apply accordingly with any necessary modifications.

Dealing with deposition
     Rule 5 Unless any order made in pursuance of this Order for the examination of any witness otherwise directs, the examiner before whom the examination was taken must send the deposition of that witness to the Senior Master, and the Senior Master shall - 

    (a) give a certificate sealed with the seal of the Supreme Court for use out of the jurisdiction identifying the documents annexed thereto, that is to say, the request, the order of the Court for examination and the deposition taken in pursuance of the order; and

    (b) send the certificate with the documents annexed thereto to the Secretary of State, or, where the request was sent to the Senior Master by some other person in accordance with a Civil Procedure Convention to that other person, for transmission to the court or tribunal out of the jurisdiction requesting the examination.

Claim to privilege
     Rule 6  - (1) The provisions of this rule shall have effect where a claim by a witness to be exempt from giving any evidence on the ground specified in section 3 (1)(b) of the Act of 1975 is not supported or conceded as mentioned in subsection (2) of that section.

    (2) The examiner may, if he thinks fit, require the witness to give the evidence to which the claim relates and, if the examiner does not do so, the Court may do so, on the application without notice being served on any other party of the person who obtained the order under section 2.

    (3) If such evidence is taken - 

    (a) it must be contained in a document separate from the remainder of the deposition of the witness;

    (b) the examiner shall send to the Senior Master with the deposition a statement signed by the examiner setting out the claim and the ground on which it was made;

    (c) on receipt of the statement the Senior Master shall, notwithstanding anything in rule 5, retain the document containing the part of the witness' evidence to which the claim relates and shall send the statement and a request to determine the claim to the foreign court or tribunal with the documents mentioned in rule 5;

    (d) if the claim is rejected by the foreign court or tribunal, the Senior Master shall send to that court or tribunal the document containing that part of the witness' evidence to which the claim relates, but if the claim is upheld he shall send the document to the witness, and shall in either case notify the witness and the person who obtained the order under section 2 of the court or tribunal's determination.






Notes


[126] 1976 c.33.back

[127] 1973 c.41.back

[128] 1949 c.42; section 3 was amended by the Land Compensation Act 1961 (c.33), section 40(3), schedule 5; and by the Local Government, Planning and Land Act 1980 (c.65), section 193, schedule 33, paragraph 3.back

[129] 1970 c.31.back

[130] 1982 c.27.back

[131] 1975 c.34.back

[132] 1977 c.37.back



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