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

Back to previous page

 

Case stated by Mental Health Review Tribunal
     Rule 11  - (1) In this rule "the Act" means the Mental Health Act 1983[218].

    (2) The reference in paragraph (3) to a party to proceedings before a Mental Health Review Tribunal, and the references in Order 56, rules 8 (1), 9 (2) and 10 to a party to proceedings shall be construed as references to - 

    (a) the person who initiated the proceedings; and

    (b) any person to whom, in accordance with rules made under section 78 of the Act, the Tribunal sent notice of the application or reference or a request instead of notice of reference.

    (3) A party to proceedings before a Mental Health Review Tribunal shall not be entitled to apply to the High Court for an order under section 78 (8) of the Act directing the Tribunal to state a case for determination by the Court unless - 

    (a) within 21 days after the decision of the Tribunal was communicated to him in accordance with rules made under section 78 of the Act he made a written request to the Tribunal to state a case, and

    (b) either the Tribunal failed to comply with the last-mentioned request within 21 days after it was made or the Tribunal refused to comply with it.

    (4) The period for issuing the claim form by which an application to the Court for such an order as is mentioned in paragraph (3) is made, and for service of the claim form shall be - 

    (a) where the Tribunal refused the applicant's request to state a case, 14 days after receipt by the applicant of notice of the refusal of his request;

    (b) where the Tribunal failed to comply with that request within the period mentioned in paragraph (3)(b) 14 days after the expiration of that period.

    (5) A Mental Health Review Tribunal by whom a case is stated shall be entitled to appear and be heard in the proceedings for the determination of the case.

    (6) If the Court is of opinion that any decision of such a Tribunal on the question of law raised by the case was erroneous, the Court may give any direction which the Tribunal ought to have given under Part V of the Act.

Applications for permission under section 289 (6) of the Town and Country Planning Act 1990[219] and section 65 (5) of the Planning (Listed Buildings and Conservation Areas) Act 1990[220]
     Rule 12  - (1) An application for permission to appeal to the High Court under section 289 of the Town and Country Planning Act 1990 or section 65 of the Planning (Listed Buildings and Conservation Areas) Act 1990 shall be made within 28 days after the date on which notice of the decision was given to the applicant.

    (2) An application shall - 

    (a) include, where necessary, any application to extend the time for applying,

    (b) be in writing setting out the reasons why permission should be granted, and if the time for applying has expired, the reasons why the application was not made within that time,

    (c) be made by filing it in the Crown Office together with the decision, a draft claim form, and a witness statement or affidavit verifying any facts relied on,

    (d) before being filed under sub-paragraph (c), be served together with the draft claim form and a copy of the witness statement or affidavit to be filed with the application, upon the persons who are referred to in rule 13 (5), and

    (e) be accompanied by a witness statement or affidavit giving the names and addresses of, and the places and dates of service on, all persons who have been served with the application and, if any person who ought to be served has not been served, the witness statement or affidavit must state that fact and the reason for it.

    (3) An application shall be heard - 

    (a) by a single judge sitting in public;

    (b) unless the Court otherwise orders, not less than 21 days after it was filed at the Crown Office.

Any person served with the application shall be entitled to appear and be heard.

    (4) If on the hearing of an application the Court is of opinion that any person who ought to have been served has not been served, the Court may adjourn the hearing on such terms (if any) as it may direct in order that the application may be served on that person.

    (5) If the Court grants permission - 

    (a) it may impose such terms as to costs and as to giving security as it thinks fit;

    (b) it may give directions; and

    (c) the claim form by which the appeal is to be brought shall be served and filed within 7 days of the grant.

    (6) Any respondent who intends to use a witness statement or affidavit at the hearing shall file it in the Crown Office and serve a copy thereof on the applicant as soon as is practicable and in any event, unless the Court otherwise allows, at least 2 days before the hearing. The Court may allow the applicant to use a further witness statement or affidavit.

Proceedings under sections 289 and 290 of the Town and Country Planning Act 1990 and under section 65 of the Planning (Listed Buildings and Conservation Areas) Act 1990
     Rule 13  - (1) In this rule a reference to "section 65" is a reference to section 65 of the Planning (Listed Buildings and Conservation Areas) Act 1990, but, save as aforesaid, a reference to a section by number is a reference to the section so numbered in the Town and Country Planning Act 1990.

    (2) An appeal shall lie to the High Court on a point of law against a decision of the Secretary of State under subsection (1) or (2) of section 289 or under subsection (1) of section 65 at the instance of any person or authority entitled to appeal under any of those subsections respectively.

    (3) In the case of a decision to which section 290 applies, the person who made the application to which the decision relates, or the local planning authority, if dissatisfied with the decision in point of law, may appeal against the decision to the High Court.

    (4) Any appeal under section 289 (1) or (2), section 65 (1) or section 290, and any case stated under section 289 (3) or section 65 (2), shall be heard and determined by a single judge unless the Court directs that the matter shall be heard and determined by a Divisional Court.

    (5) The persons to be served with the claim form by which an appeal to the High Court is brought by virtue of section 289 (1) or (2), section 65 (1) or section 290 are - 

    (a) the Secretary of State;

    (b) the local planning authority who served the notice or gave the decision, as the case may be, or, where the appeal is brought by that authority, the appellant or applicant in the proceedings in which the decision appealed against was given;

    (c) in the case of an appeal brought by virtue of section 289 (1) or section 65 (1), any other person having an interest in the land to which the notice relates, and;

    (d) in the case of an appeal brought by virtue of section 289 (2), any other person on whom the notice to which those proceedings related was served.

    (6) The Court hearing any such appeal may remit the matter to the Secretaryof State to the extent necessary to enable him to provide the Court with such further information in connection with the matter as the Court may direct.

    (7) Where the Court is of opinion that the decision appealed against was erroneous in point of law, it shall not set aside or vary that decision but shall remit the matter to the Secretary of State with the opinion of the Court for re-hearing and determination by him.

    (8) Order 55, rule 7 (5) shall not apply in relation to any such appeal.

    (9) The Court may give directions as to the exercise, until an appeal brought by virtue of section 289 (1) is finally concluded and any re-hearing and determination by the Secretary of State has taken place, of the power to serve, and institute proceedings (including criminal proceedings) concerning - 

    (a) a stop notice under section 183, and;

    (b) a breach of condition notice under section 187A.

Applications under section 13 Coroners Act 1988[221]
     Rule 14  - (1) Any application under section 13 of the Coroners Act 1988 shall be heard and determined by a Divisional Court.

    (2) The application must be made by claim form and the claim form must state the grounds of the application and, unless the application is made by the Attorney General, shall be accompanied by his fiat.

    (3) The claim form must be filed in the Crown Office and served upon all persons directly affected by the application within six weeks after the grant of the fiat.

Applications under section 42, Supreme Court Act 1981[222]
     Rule 15  - (1) Every application to the High Court by the Attorney General under section 42 of the Supreme Court Act 1981 shall be heard and determined by a Divisional Court.

    (2) The application must be made by claim form which, together with a witness statement or affidavit in support, shall be filed in the Crown Office and served on the person against whom the order is sought.



RSC ORDER 95

BILLS OF SALE ACTS 1878[223] AND 1882[224] AND THE INDUSTRIAL AND PROVIDENT SOCIETIES ACT 1967[225]

Rectification of register
     Rule 1  - (1) Every application to the Court under section 14 of the Bills of Sale Act 1878, for an order - 

    (a) that any omission to register a bill of sale or a witness statement or affidavit of renewal thereof within the time prescribed by that Act be rectified by extending the time for such registration, or

    (b) that any omission or mis-statement of the name, residence or occupation of any person be rectified by the insertion in the register of his true name, residence or occupation,

must be made by witness statement or affidavit to a master of the Queen's Bench Division, and a copy of the witness statement or affidavit need not be served on any other person.

    (2) Every application for such an order as is described in paragraph (1) shall be supported by a witness statement or affidavit setting out particulars of the bill of sale and of the omission or mis-statement in question and stating the grounds on which the application is made.

Entry of satisfaction
     Rule 2  - (1) Every application under section 15 of the Bills of Sale Act 1878, to a master of the Queen's Bench Division for an order that a memorandum of satisfaction be written on a registered copy of a bill of sale must - 

    (a) if a consent to the satisfaction signed by the person entitled to the benefit of the bill of sale can be obtained, be made without it and the documents set out in paragraph (2) being served on any other person;

    (b) in all other cases, be made by the issue of a claim form.

    (2) An application under paragraph (1)(a) must be supported by - 

    (a) particulars of the consent referred to in that paragraph; and

    (b) a witness statement or affidavit by a witness who attested the consent verifying the signature on it.

    (3) A claim form under paragraph (1)(b) must be served on the person entitled to the benefit of the bill of sale and must be supported by evidence that the debt (if any) for which the bill of sale was made has been satisfied or discharged.

Restraining removal on sale of goods seized
     Rule 3 An application to the Court under the proviso to section 7 of the Bills of Sale Act (1878) Amendment Act 1882 must be made by the issue of a claim form.

Search of register
     Rule 4 Any master of the Queen's Bench Division shall, on a request in writing giving sufficient particulars, and on payment of the prescribed fee, cause a search to be made in the register of bills of sale and issue a certificate of the result of the search.

Application under section 1 (5) of the Industrial and Provident Societies Act 1967[226]
     Rule 5 Every application to the Court under section 1 (5) of the Industrial and Provident Societies Act 1967 for an order - 

    (a) that the period for making an application for recording a charge be extended, or

    (b) that any omission from or misstatement in such an application be rectified,

must be made to a Master of the Queen's Bench Division by witness statement or affidavit setting out particulars of the charge and of the omission or misstatement in question and stating the grounds of the application, and need not be served on any other person.

Assignment of book debts
     Rule 6  - (1) There shall continue to be kept in the Central Office, under the supervision of the registrar, a register of assignments of book debts.

    (2) Every application for registration of an assignment of a book debt under section 344 of the Insolvency Act 1986[227] shall be made by producing at the Filing and Record Department of the Central Office - 

    (a) a true copy of the assignment, and of every schedule thereto, and

    (b) a witness statement or affidavit verifying the date and the time, and the due execution of the assignment in the presence of the witness, and setting out the particulars of the assignment and the parties thereto.

    (3) On an application being made in accordance with the preceding paragraph, the documents there referred to shall be filed, and the particulars of the assignment, and of the parties to it, shall be entered in the register.

    (4) In this rule, "the registrar" has the meaning given in section 13 of the Bills of Sale Act 1878.



RSC ORDER 96

THE MINES (WORKING FACILITIES AND SUPPORT) ACT 1966[228], ETC.

Assignment to Chancery Division
     Rule 1 Any proceedings in which the jurisdiction conferred on the High Court by section 1 of the Railway and Canal Commission (Abolition) Act 1949[229], is invoked shall be assigned to the Chancery Division and be begun by claim form which need not be served on any other party.

Reference by Secretary of State of certain applications
     Rule 2 Where under any provision of the Mines (Working Facilities and Support) Act 1966, the Secretary of State refers any application to the High Court, he shall - 

    (a) file the reference, signed by him or by an officer authorised by him for the purpose, in Chancery Chambers, together with all documents and plans deposited with him by the applicant, and

    (b) within 3 days after doing so give notice to the applicant of the filing of the reference.

Issue of claim form
     Rule 3 Within 10 days after receipt of the notice mentioned in rule 2 (b) the applicant must issue a claim form which need not be served on any other party which must state the application of the applicant under the said Act of 1966 and any other relief sought.

Appointment for directions
     Rule 4  - (1) Within 7 days after issue of the claim form the applicant, having applied at Chancery Chambers for the name of the master assigned to hear the claim, must take an appointment before that master for the hearing of the claim and must forthwith serve notice of the appointment on the Secretary of State.

    (2) Not less than 2 clear days before the day appointed for the first hearing of the claim, the applicant must leave at Chancery Chambers - 

    (a) a witness statement or affidavit of facts in support of the claim, giving particulars of all persons known to the applicant to be interested in or affected by the application, and

    (b) a draft of any proposed advertisement or notice of the application.

    (3) On the appointment the master shall - 

    (a) fix a time within which any notice of objection under rule 5 must be given,

    (b) fix a date for the further hearing of the claim, and

    (c) direct what, if any, advertisements and notices of the application and of the date fixed for the further hearing of the claim are to be inserted and given, and what persons, if any, are to be served with a copy of the application and of any other document in the proceedings.

    (4) Any such advertisement or notice must include a statement of the effect of rule 5.

Objections to application
     Rule 5  - (1) Any person wishing to oppose the application must, within the time fixed by the master under rule 4 (3), serve on the applicant a notice of objection stating - 

    (a) his name and address and the name and address of his solicitor, if any,

    (b) the grounds of his objection and any alternative methods of effecting the objects of the application which he alleges may be used, and

    (c) the facts on which he relies.

    (2) Any notice required to be served on a person who has given notice of objection (hereafter in this Order referred to as "the objector") may be served by delivering it or sending it by prepaid post - 

    (a) where the name and address of a solicitor is stated in the notice of objection, to the solicitor at that address, and

    (b) in any other case, to the objector at his address stated in the notice of objection.

    (3) An objector shall be entitled to appear in person or by a solicitor or counsel at the further hearing of the claim and to take such part in the proceedings as the master or judge thinks fit; but if he does not so appear his notice of objection shall be of no effect and he shall not be entitled to take any part in the proceedings unless the master or judge otherwise orders.

List of objectors
     Rule 6 Not less than 2 clear days before the day fixed for the further hearing of the claim, the applicant must leave at Chancery Chambers any notices of objection served on the applicant together with a list arranged in 3 columns stating - 

    (a) in column 1, the names and addresses of the objectors,

    (b) in column 2, the names and addresses of their respective solicitors, if any, and

    (c) in column 3, short summaries of their respective grounds of objection.

Directions on further hearing
     Rule 7 At the further hearing of the claim the master shall - 

    (a) give directions as to the procedure to be followed before the claim is set down for hearing, including, if he thinks fit, a direction - 

      (i) that further particulars be given of any of the grounds or facts relied on in support of or in opposition to the application made by the claim,

      (ii) that the applicant may serve a reply to any notice of objection,

      (iii) that any particular fact be proved by witness statement or affidavit,

      (iv) that statements of case or points of claim or defence be served, and

    (b) adjourn the claim for hearing before the judge in such manner, that is to say - 

      (i) in public or in private, and

      (ii) on oral evidence or on witness statement or affidavit evidence, with or without cross examination of any of the witnesses, or partly in one way and partly in the other,

    as he shall think best adapted to secure the just, expeditious and economical disposal of the proceedings.

Other applications
     Rule 8 Rules 2 to 7 shall, so far as applicable and with the necessary adaptations, apply in relation to any other application to the High Court falling within rule 1 as they apply in relation to an application under the Mines (Working Facilities and Support) Act 1966.



RSC ORDER 97

THE LANDLORD AND TENANT ACTS 1927[230], 1954[231] AND 1987[232]

Interpretation
     Rule 1  - (1) In this Order, "the Act of 1927" means the Landlord and Tenant Act 1927, "the Act of 1954" means the Landlord and Tenant Act 1954 and "the Act of 1987" means the Landlord and Tenant Act 1987.

    (2) In relation to any proceedings under Part II of the Act of 1954, any reference in this Order to a landlord shall, if the interest of the landlord in question is subject to a mortgage and the mortgagee is in possession or a receiver appointed by the mortgagee or by the court is in receipt of the rents and profits, be construed as a reference to the mortgagee.

Assignment of proceedings to Chancery Division, etc.
     Rule 2 All proceedings in the High Court under Part I of the Act of 1927 or Part II of the Act of 1954 or the Act of 1987 shall be assigned to the Chancery Division and, subject to rules 9A and 12, be begun by claim form.

Issue, etc., of claim form
     Rule 3  - (1) Any claim or application under Part I of the Act of 1927 or Part II of the Act of 1954 or the Act of 1987 may be issued out of the district registry for the district in which the premises to which the claim or application relates are situated instead of Chancery Chambers.

    (3) The court will set a day for the hearing of such a claim which shall be a day which will allow an interval of at least 14 days between the date of service of the claim form and the day so fixed.

Claim for compensation in respect of improvement
     Rule 4  - (1) A claim under section 1 of the Act of 1927 for compensation in respect of any improvement, and a claim by a mesne landlord under section 8 of that Act, must be a written claim, signed by the claimant or his solicitor or agent, containing - 

    (a) a statement of the name and address of the claimant and of the landlord against whom the claim is made,

    (b) a description of the holding in respect of which the claim is made and of the trade or business carried on there,

    (c) a concise statement of the nature of the claim,

    (d) particulars of the improvement, including the date when it was completed and the cost thereof, and

    (e) a statement of the amount claimed.

    (2) Where any document relating to any proposed improvement, or to any claim, is sent to or served on a mesne landlord in pursuance of Part I of the Act of 1927, he must forthwith serve on his immediate superior landlord a copy of the document, together with a notice in writing stating the date on which he received the document, and if the last-mentioned landlord is himself a mesne landlord he must accordingly comply with this paragraph.

Proceedings under Part I of Act of 1927
     Rule 5  - (1) The claim form by which any claim or application under Part I of the Act of 1927 is made must state - 

    (a) the nature of the claim or application or the matter to be determined,

    (b) the holding in respect of which the claim or application is made and the trade or business carried on there,

    (c) particulars of the improvement or proposed improvement to which the claim or application relates, and

    (d) if the claim is for payment of compensation, the amount claimed.

    (2) The claimant's immediate landlord shall be made a defendant.

    (3) No witness statement or affidavit shall be filed in the first instance in support of or in answer to any such claim form.

    (4) Any certificate of the Court under section 3 of the Act of 1927 that an improvement is a proper improvement or has been duly executed shall be embodied in an order.

Application for new tenancy under section 24 of Act of 1954
     Rule 6  - (1) The claim form by which an application under section 24 of the Act of 1954[233] for a new tenancy is made must state - 

    (a) the premises to which the application relates and where a business is carried on there, the nature of such business,

    (b) particulars of the claimant's current tenancy of the premises and of every notice or request given or made in respect of that tenancy under section 25 or 26 of that Act, and

    (c) the claimant's proposals as to the terms of the new tenancy applied for including, in particular, terms as to the duration thereof and as to the rent payable thereunder.

    (2) The person who, in relation to the claimant's current tenancy, is the landlord as defined by section 44 of the Act of 1954[234] shall be made a defendant.

    (3) A claim form under this rule must be served within 2 months after the date of issue whether served within or out of the jurisdiction and CPR rules 7.5(2) and 7.5(3) will not apply

Application to authorise agreement
     Rule 6A  - (1) An application under section 38 (4) of the Act of 1954 for the authorisation of an agreement shall be made without notice being served on any other party by claim form and may be heard and determined in private.

    (2) Notwithstanding that the application must be made jointly by the landlord or proposed landlord and the tenant or proposed tenant and the claim form is accordingly issued by one solicitor on behalf of both of them, they may appear and be heard at any hearing by separate solicitors or counsel or, in the case of an individual applicant, in person; and where at any stage of the proceedings it appears to the Court that one of the applicants is not but ought to be separately represented, the Court may adjourn the proceedings until he is.

Evidence on application under section 24 of Act of 1954
     Rule 7  - (1) Not less than 14 days before the day fixed for the first hearing in an application under section 24 of the Act of 1954 for a new tenancy the claimant must file a witness statement or affidavit verifying the statements of fact made in the claim form.

    (2) Not less than 4 days before the day fixed for the first hearing the defendant must file a witness statement or affidavit stating - 

    (a) whether he opposes the grant of a new tenancy and, if he does, on what grounds;

    (b) whether, if a new tenancy is granted, he objects to any of the claimant's proposals as to the terms thereof and, if he does, the terms to which he objects and the terms he proposes in so far as they differ from the terms proposed by the claimant;

    (c) whether he is a tenant under a lease having less than 14 years unexpired at the date of the termination of the claimant's current tenancy, and, if he is, the name and address of his immediate landlord.

Parties to certain proceedings
     Rule 8  - (1) Any person affected by any proceedings under rule 5, 6, 14, 15, 16 or 17 may apply in private to be made a party to the proceedings and the Court may give such directions on the application as appear necessary.

    (2) An application under paragraph (1) must in the first instance be made without notice being given to any other party but the Court may require notice thereof to be given to the parties to the proceedings before making any order.

    (3) The foregoing provisions are without prejudice to the power of the Court, either with or without an application by any party, to order notice of the proceedings to be given to any person or any person to be made a party to the proceedings, but nothing in this rule shall be construed as requiring the Court to make any such order and, if it appears that any person though he is affected by the proceedings is not sufficiently affected for it to be necessary for him to be made a party to the proceedings or given notice thereof, the Court may refuse to make him a party or, as the case may be, to require him to be given notice of the proceedings.

Order dismissing application under section 24 which is successfully opposed
     Rule 9 Where the Court hearing an application under section 24 of the Act of 1954 is precluded by section 31 of that Act from making an order for the grant of a new tenancy by reason of any of the grounds specified in section 30 (1) of that Act, the order dismissing the application shall state all the grounds by reason of which the Court is so precluded.

Application to determine interim rent
     Rule 9A  - (1) An application under section 24A of the Act of 1954 to determine an interim rent shall - 

    (a) if the tenant has begun proceedings for a new tenancy under section 24 of the Act, be made by an application in accordance with CPR Part 23 in those proceedings, and

    (b) in any other case, be made by claim form

    (2) The application may be heard and determined in private.




Notes


[218] 1983 c.20.back

[219] 1990 c.8.back

[220] 1990 c.9.back

[221] 1988 c.13.back

[222] 1981 c.54.back

[223] 1878 c.31.back

[224] 1882 c.43.back

[225] 1967 c.48.back

[226] 1967 c.48.back

[227] 1986 c.45.back

[228] 1966 c.4.back

[229] 1949 c.11.back

[230] 1927 c. 36; section 1 was amended by the Landlord and Tenant Act 1954 (c.56), section 47(5). Section 8 was amended by the 1954 Act, sections 45, 68(1) and schedule 7.back

[231] 1954 c.56.back

[232] 1987 c.31.back

[233] Section 24 was amended by the Law of Property Act 1969 (c.59), sections 3(2) and 4(1).back

[234] Section 44 was amended by the Law of Property Act 1969 (c.59), section 14(1).back



  continue
 
 

  Contents

Other UK SIs |  Home |  National Assembly for Wales Statutory Instruments |  Scottish Statutory Instruments |  Statutory Rules of Northern Ireland |  Her Majesty's Stationery Office

We welcome your comments on this site
© Crown copyright 1998
Prepared 9 February 1999