Statutory Instruments 1998 No. 3132 (L. 17)
The Civil Procedure Rules 1998
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Other applications under Part II of Act of 1954
     Rule 10  - (1) An application for an order under section 31(2)(b) of the Act of 1954 and, unless made at the hearing of the application under section 24 thereof, an application for a certificate under section 37 (4) of that Act must be made without notice being served on any other party in private.

    (2) The mesne landlord to whose consent an application for the determination of any question arising under paragraph 4 (3) of Schedule 6 to the Act of 1954 relates shall be made a defendant to the claim.

Transfer of proceedings from county court
     Rule 11  - (2) Any proceedings under Part I of the Act of 1927 or Part II of the Act of 1954 that have been transferred from a county court shall proceed in the High Court as if they had been begun by claim form issued out of Chancery Chambers, and within 7 days after receipt of notification of the transfer the claimant must apply to the court sitting in private for the appointment of a day and time for the attendance of the parties before the Court.

    (3) If the claimant fails to apply for an appointment within the period prescribed by paragraph (2) the defendant may do so.

Application for relief under section 16, etc., of the Act of 1954
     Rule 12 In any such proceedings as are mentioned in section 16 (1) of the Act of 1954, paragraph 9 (1) of Schedule 5 to that Act or paragraph 10 (1) of that Schedule, an application for relief under that section or paragraph, as the case may be, may be made - 

    (a) in the applicant's statement of case, or

    (b) in accordance with CPR Part 23 at any time before the trial, or

    (c) at the trial.

Evidence of rateable value
     Rule 13 Where any dispute as to the rateable value of any holding has been referred under section 37 (5) of the Act of 1954 to the Commissioners of Inland Revenue for decision by a valuation officer, any document purporting to be a statement by the valuation officer of his decision shall be admissible as evidence of the matters contained in it.

Application under section 19 of the Act of 1987
     Rule 14 A copy of the notice served under section 19 (2)(a) of the Act of 1987 shall be appended to the claim form issued under section 19 (1) thereof, and an additional copy of the notice shall be filed.

Application for order under section 24 of the Act of 1987
     Rule 15  - (1) An application for an order under section 24 of the Act of 1987 shall state - 

    (a) the premises to which the application relates,

    (b) the name and address of the applicant and of the landlord of the premises, or, where the landlord cannot be found or his identity ascertained, the steps taken to find him or ascertain his identity,

    (c) the name and address of every person known to the applicant who is likely to be affected by the application including, but not limited to, the other tenants of flats contained in the premises, any mortgagee or superior landlord of the landlord, and any tenants' association,

    (d) the name, address and qualifications of the person it is desired to be appointed manager of the premises,

    (e) the functions which it is desired that the manager shall carry out, and

    (f) the grounds of the application,

and a copy of the notice served on the landlord under section 22 of the Act of 1987 shall be appended to the claim form, unless the requirement to serve such a notice has been dispensed with, and an additional copy of the notice shall be filed.

    (2) The defendant to an application for an order under section 24 of the Act of 1987 shall be the landlord of the premises.

    (3) A copy of the claim form shall be served on - 

    (a) each of the persons named by the applicant under paragraph (1)(c), together with a notice stating that he may apply under rule 8 to be made a party to the proceedings, and

    (b) the person named under paragraph (1)(d).

    (4) Order 30, rules 2 to 8 shall apply to proceedings in which an application is made for an order under section 24 of the Act of 1987 as they apply to proceedings in which an application is made for the appointment of a receiver, and as if for the references in those rules to a receiver there were references to a manager under the Act of 1987.

Application for acquisition order under section 29 of the Act of 1987
     Rule 16  - (1) An application for an acquisition order under section 29 of the Act of 1987 shall - 

    (a) identify the premises to which the application relates and give such details of them as are necessary to show that section 25 of the Act of 1987 applies thereto,

    (b) give such details of the applicants as are necessary to show that they constitute the requisite majority of qualifying tenants,

    (c) state the name and address of the applicants and of the landlord of the premises, or, where the landlord cannot be found or his identity ascertained, the steps taken to find him or ascertain his identity,

    (d) state the name and address of the person nominated by the applicants for the purposes of Part III of the Act of 1987,

    (e) state the name and address of every person known to the applicants who is likely to be affected by the application, including, but not limited to, the other tenants of flats contained in the premises (whether or not they could have made an application), any mortgagee or superior landlord of the landlord, and any tenant's association, and

    (f) state the grounds of the application,

and a copy of the notice served on the landlord under section 27 of the Act of 1987 shall be appended to the claim form, unless the requirement to serve such a notice has been dispensed with, and an additional copy of the notice shall be filed.

    (2) The defendants to an application for an acquisition order under section 29 of the Act of 1987 shall be the landlord of the premises and the nominated person, where he is not an applicant.

    (3) A copy of the claim form shall be served on each of the persons named by the applicant under paragraph (1)(e), together with a notice stating that he may apply under rule 8 to be made a party to the proceedings.

    (4) Where the nominated person pays money into court in accordance with an order under section 33 (1) of the Act of 1987, he shall file a copy of the certificate of the surveyor selected under section 33 (2)(a) thereof.

Application for order under section 38 or section 40 of the Act of 1987
     Rule 17  - (1) An application for an order under section 38 or section 40 of the Act of 1987 shall state - 

    (a) the name and address of the applicant and of the other current parties to the lease or leases to which the application relates,

    (b) the date of and parties to the lease or leases, the premises demised thereby, the relevant terms thereof and the variation sought,

    (c) the name and address of every person who the applicant knows or has reason to believe is likely to be affected by the variation, including, but not limited to, the other tenants of flats contained in the premises of which the demised premises form a part, any mortgagee or superior landlord of the landlord, any mortgagee of the applicant, and any tenants' association, and

    (d) the grounds of the application.

    (2) The other current parties to the lease or leases shall be made defendants to the application.

    (3) A copy of the application shall be served by the applicant on each of the persons named by the applicant under paragraph (1)(c) and by the defendant on any other person who he knows or has reason to believe is likely to be affected by the variation, together, in each case, with a notice stating that the person may apply under rule 8 to be made a party to the proceedings.

    (4) Any application under section 36 of the Act of 1987 shall be contained in the defendant's witness statement or affidavit, and paragraphs (1) to (3) shall apply to such an application as if the defendant were an applicant.

Service of notices in proceedings under the Act of 1987
     Rule 18 Where a notice is to be served in or before proceedings under the Act of 1987, it shall be served in accordance with section 54 and, in the case of service on a landlord, it shall be served at the address furnished under section 48 (1).

Tenants' associations
     Rule 19 In rules 15, 16 and 17 a reference to a tenants' association is a reference to a recognised tenants' association within the meaning of section 29 of the Landlord and Tenant Act 1985[235] which represents tenants of the flats of which the demised premises form a part.



RSC ORDER 98

LOCAL GOVERNMENT FINANCE ACT 1982[236], PART III

Interpretation
     Rule 1 In this Order "the Act" means the Local Government Finance Act 1982 and a section referred to by number means the section so numbered in that Act.

Application by auditor for declaration
     Rule 2  - (1) Any application for a declaration under section 19 (1) of the Act that an item of account is contrary to law shall be made by claim form.

    (2) The claim form shall be served on the body to whose accounts the application relates and on any person against whom an order is sought under section 19 (2).

    (3) Not later than seven days after filing the claim form in the Crown Office in accordance with Order 57, rule 2, the applicant shall file in that office a witness statement or affidavit stating the facts on which he intends to rely at the hearing of the application.

    (4) The claim shall be entered for hearing within six weeks after the claim form has been filed in the Crown Office but, unless the Court otherwise directs, the application shall not be heard sooner than 28 days after service of the claim form.

Appeal against decision of auditor
     Rule 3  - (1) A claim form by which an appeal is brought under section 19 (4) or section 20 (3) against the decision of an auditor shall be served on - 

    (a) the auditor who for the time being has responsibility for the audit of the accounts of the body in relation to whom the appeal relates;

    (b) that body; and

    (c) in the case of an appeal against a decision not to certify under section 20 (1) that a sum or amount is due from another person, that person.

    (2) Order 55, rules 4 (2) and 5, shall apply to the appeal with the modification that the period of 28 days mentioned in the said rule 4 (2) shall be calculated from the day on which the appellant received the auditor's statement of the reasons for his decision pursuant to a requirement under section 19 (4) or section 20 (2).

    (3) Not later than seven days after filing the claim form in the Crown Office in accordance with Order 57, rule 2, the appellant must file in that office a witness statement or affidavit stating - 

    (a) the reasons stated by the auditor for his decision;

    (b) the date on which he received the auditor's statement;

    (c) the facts on which he intends to rely at the hearing of the appeal;

    (d) in the case of a decision not to apply for a declaration, such facts within the appellant's knowledge as will enable the Court to consider whether to exercise the powers conferred on it by section 19 (2).

General provisions
     Rule 4  - (1) Any proceedings in which the jurisdiction conferred on the High Court by section 19 or section 20 of the Act is invoked shall be assigned to the Queen's Bench Division and be heard by a single judge, unless the Court directs that the matter shall be heard by a Divisional Court; and the Court may, at any stage direct that any officer or member of the body to whose accounts the application of appeal relates be joined as a respondent.

    (2) Except in so far as the Court directs that the evidence on any such application or appeal shall be given orally, it shall be given by witness statement or affidavit.

    (3) The applicant or appellant must forthwith after filing any witness statement or affidavit under rule 2 (3) or 3 (3) serve a copy thereof on every respondent and any person intending to oppose the application or appeal must, not less than four days before the hearing, serve on the applicant or appellant a copy of any witness statement or affidavit filed by him in opposition to the motion.

    (4) Except by permission of the Court, no witness statement or affidavit may be used at the hearing unless a copy thereof was served in accordance with paragraph (3).



RSC ORDER 99

INHERITANCE (PROVISION FOR FAMILY AND DEPENDANTS) ACT 1975[237]

Order to apply to High Court and County Court
     Rule A1 This Order applies to proceedings both in the High Court and the county court.

Interpretation
     Rule 1 In this Order "the Act" means the Inheritance (Provision for Family and Dependants) Act 1975 and a section referred to by number means the section so numbered in that Act.

Assignment to Chancery or Family Division if proceedings in High Court
     Rule 2 Proceedings in the High Court under the Act may be assigned to the Chancery Division or to the Family Division.

Application for financial provision
     Rule 3  - (1) An application under section 1 is made by the issue of a claim form.

    (3) There shall be filed with the Court a witness statement or affidavit by the applicant in support of the claim, exhibiting an official copy of the grant of representation to the deceased's estate and of every testamentary document admitted to proof, and a copy of the witness statement or affidavit shall be served on every defendant with the claim form.

Powers of Court as to parties
     Rule 4  - (1) The Court may at any stage of proceedings under the Act direct that any person be added as a party to the proceedings or that notice of the proceedings be served on any person.

    (2) Order 15, rule 13, shall apply to proceedings under the Act as it applies to the proceedings mentioned in paragraph (1) of that rule.

Witness statement or affidavit in answer
     Rule 5  - (1) A defendant to an application under section 1 who is a personal representative of the deceased shall and any other defendant may, within 21 days after service of the claim form on him, inclusive of the day of service, file with the Court a witness statement or affidavit in answer to the application.

    (2) The witness statement or affidavit filed by a personal representative pursuant to paragraph (1) shall state to the best of the witness's ability - 

    (a) full particulars of the value of the deceased's net estate, as defined by section 25 (1);

    (b) the person or classes of persons beneficially interested in the estate, giving the names and (in the case of those who are not already parties) the addresses of all living beneficiaries, and the value of their interests so far as ascertained;

    (c) if such be the case, that any living beneficiary (naming him) is a child or patient within the meaning of CPR rule 21.1(2); and

    (d) any facts known to the witness which might affect the exercise of the Court's powers under the Act.

    (3) Every defendant who lodges a witness statement or affidavit shall at the same time serve a copy on the claimant and on every other defendant who is not represented by the same solicitor.

Separate representation
     Rule 6 Where an application under section 1 is made jointly by two or more applicants and the claim form is accordingly issued by one solicitor on behalf of all of them, they may, if they have conflicting interests, appear on any hearing of the claim by separate solicitors or counsel or 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.

Endorsement of memorandum on grant
     Rule 7 On the hearing of an application under section 1 the personal representative shall produce to the Court the grant of representation to the deceased's estate and, if an order is made under the Act, the grant shall remain in the custody of the Court until a memorandum of the order has been endorsed on or permanently annexed to the grant in accordance with section 19 (3).

Disposal of proceedings in private
     Rule 8 Any proceedings under the Act may, if the Court so directs, be disposed of in private.

Subsequent applications in proceedings under section 1
     Rule 9 Where an order has been made on an application under section 1, any subsequent application under the Act, whether made by a party to the proceedings or by any other person, shall be made by the issue of an application notice in accordance with CPR Part 23.

Drawing up and service of orders
     Rule 10 The provisions of the Family Proceedings Rules relating to the drawing up and service of orders shall apply to proceedings in the Family Division under this Order as if they were proceedings under those Rules. In this rule "Family Proceedings Rules" means rules made under section 40 of the Matrimonial and Family Proceedings Act 1984.



RSC ORDER 101

THE PENSIONS APPEAL TRIBUNALS ACT 1943[238]

Assignment to Queen's Bench Division
     Rule 1 Proceedings in the High Court under the Pensions Appeal Tribunals Act 1943, shall be assigned to the Queen's Bench Division.

Construction of reference to judge
     Rule 2 In this Order references to the judge shall be construed as references to the judge nominated by the Lord Chancellor under section 6 (2) of the Pensions Appeal Tribunals Act, 1943.

Application for permission to appeal
     Rule 3  - (1) An application to the judge for permission to appeal against the decision of a Pensions Appeal Tribunal may not be made unless an application for such permission was made to the tribunal and was refused and must be made within 28 days after the date of the tribunal's refusal.

    (2) The application to the judge, which may be made without notice being served on any other party must be made by filing in the Crown Office a written statement of - 

    (a) the name and description of the applicant,

    (b) the point of law as respects which the applicant alleges that the tribunal's decision was erroneous, and

    (c) the date of the Tribunal's decision refusing permission to appeal.

    (3) If the application is made with the consent of the other party to the proceedings before the Tribunal, that fact shall be included in the statement.

    (4) On the making of the application the court officer shall request the Chairman of the Tribunal to give the judge a written statement of the reasons for the Tribunal's decision to refuse permission to appeal, and within 7 days after receiving the request the chairman shall give the judge such a statement.

    (5) The judge may determine the application without a hearing or may direct that the application be set down for hearing in private.

    (6) Where the application is determined without a hearing, a copy of the judge's order shall be sent from the Crown Office to the applicant and to the other party to the proceedings before the Tribunal; and where the application is to be set down for hearing, notice of the day and time fixed for the hearing shall be sent from that Office to the applicant.

Appeal
     Rule 4  - (1) Without prejudice to Order 55, rule 3 (2), the claim form by which an appeal against the decision of a Pensions Appeal Tribunal is brought must state the question of law on which the appeal is brought, the date on which permission to appeal was granted and whether such permission was granted by the judge or the Tribunal.

    (2) Order 55, rules 3 (3) and 4 (2), shall not apply in relation to such an appeal, but the notice must be served and the appeal entered within 28 days after permission to appeal was granted.

    (3) Within 28 days after service of the claim form on him, the chairman of the Tribunal must state a case setting out the facts on which the decision appealed against was based and must file the case in the Crown Office and serve a copy thereof on the appellant and on the respondent.

    (4) Order 55, rule 5, shall apply in relation to such an appeal as if for the period of 21 days therein mentioned there were substituted a period of 6 weeks.

    (5) At the hearing of the appeal the judge may order the case to be returned to the chairman for amendment.

    (6) Order 55, rule 7 (2), shall not apply in relation to the appeal.

    (7) A copy of the judge's order on the appeal must be sent by the court officer to the appellant, the respondent and the chairman of the Tribunal.



RSC ORDER 106

PROCEEDINGS RELATING TO SOLICITORS: THE SOLICITORS ACT 1974[239]

Interpretation
     Rule 1  - (1) In this Order - 

    "the Act" means the Solicitors Act 1974 and a section referred to by number means the section so numbered in that Act;

    "appeal" means an appeal to the High Court against an order made by the Tribunal on an application or complaint under the Act.

    (2) Expressions used in this Order which are used in the Act have the same meanings in this Order as in the Act.

Jurisdiction under Part III of Act
     Rule 2  - (2) The jurisdiction of the High Court under Part III of the Act may be exercised by

    (a) A judge sitting in private

    (b) A master, a taxing master or a district judge of the Family Division, or

    (c) A district judge if the costs are for contentious business done in proceedings in the district registry of which he is the district judge or for non contentious business.

Power to order solicitor to deliver cash account, etc.
     Rule 3  - (1) Where the relationship of solicitor and client exists or has existed the court may, on the application of the client or his personal representatives, make an order for - 

    (a) the delivery by the solicitor of a cash account;

    (b) the payment or delivery up by the solicitor of money or securities;

    (c) the delivery to the claimant of a list of the moneys or securities which the solicitor has in his possession or control on behalf of the claimant;

    (d) the payment into or lodging in court of any such moneys or securities.

    (2) An application for an order under this rule must be made by the issue of a claim form, or if in proceedings by an application in accordance with CPR Part 23.

    (3) If the defendant alleges that he has a claim for costs, the Court may make such order for detailed assessment in accordance with CPR Part 47 and payment, or securing the payment, thereof and the protection of the defendant's lien, if any, as the Court thinks fit.

Certificate to be submitted with solicitor's application for detailed assessment
     Rule 5A A solicitor who applies for an order under the Act for the detailed assessment in accordance with CPR Part 47 of his bill of costs shall lodge with his application a certificate that all the relevant requirements of the Act have been satisfied.

Applications under Schedule 1 to Act
     Rule 6  - (1) Proceedings in the High Court under Schedule 1 to the Act shall be assigned to the Chancery Division.

    (2) The claim form by which an application for an order under the said Schedule is made must be entitled in the matter of a solicitor, or a deceased solicitor, as the case may be (without naming him) and in the matter of the Act.

    (3) Where an order has been made under paragraph 9 (4), 9 (5) or 10 of the said Schedule an application for an order under paragraph 9 (8) or 9 (10) may be made in accordance with CPR Part 23 in the proceedings in which the first mentioned order was made.

Defendants to applications under Schedule 1 to Act
     Rule 7 The defendant to a claim by which an application for an order under Schedule 1 to the Act is made shall be - 

    (a) if the application is for an order under paragraph 5 thereof, the solicitor or, as the case may be, every member of the firm, on whose behalf the money in respect of which the order is sought is held;

    (b) if the application is for an order under paragraph 6 (4) or 9 (8) thereof, the Law Society;

    (c) if the application is for an order under paragraph 8, 9 (4) or 9 (5) thereof, the person against whom the order is sought;

    (d) if the application is for an order under paragraph 9 (10) thereof, the person from whom the Law Society obtained possession of the documents by virtue of paragraph 9 or 10;

    (e) if the application is for an order under paragraph 10 thereof for the re-direction of postal packets addressed to a solicitor or his firm, the solicitor or, as the case may be, every member of the firm;

    (f) if the application is for an order under paragraph 11 thereof, the solicitor or personal representative in substitution for whom the appointment of a new trustee is sought and, if he is a co-trustee, the other trustee or trustees.

Interim order restricting payment out of banking account
     Rule 8 At any time after the issue of a claim form by which an application for an order under paragraph 5 of Schedule 1 to the Act is made, the Court may, on the application of the claimant made without notice in accordance with CPR Part 23 make an interim order under that paragraph to have effect until the hearing of the application and include therein a further order requiring the defendant to show cause at the hearing why an order under that paragraph should not be made.

Adding parties, etc.
     Rule 9 The Court may, at any stage of proceedings under Schedule 1 to the Act, order any person to be added as a party to the proceedings or to be given notice thereof.

Service of documents
     Rule 10  - (1) Any document required to be served on the Law Society in proceedings under this Order shall be served by sending it by prepaid post to the secretary of the Law Society.

    (2) Subject to paragraph (1) a claim form by which an application under Schedule 1 to the Act is made, an order under paragraph 5 of that Schedule or rule 8 and any other document not required to be served personally which is to be served on a defendant to proceedings under the said Schedule shall, unless the Court otherwise directs, be deemed to be properly served by sending it by prepaid post to the defendant at his last known address.

Constitution of Divisional Court to hear appeals
     Rule 11 Every appeal shall be heard by a Divisional Court of the Queen's Bench Division consisting, unless the Lord Chief Justice otherwise directs, of not less than three judges.

Title, service, etc., of notice of appeal
     Rule 12  - (1) The notice of appeal by which an appeal is brought must be entitled in the matter of a solicitor, or, as the case may be, a solicitor's clerk, without naming him, and in the matter of the Act.

    (2) Unless the Court otherwise orders, the persons to be served with such notice are every party to the proceedings before the Tribunal and the Law Society.

    (3) Order 55, rule 4 (2) shall apply in relation to the appeal as if for the period of 28 days therein specified there were substituted a period of 14 days.

    (4) Order 55, rule 4 (4) shall not apply and the said period of 14 days shall begin with the day on which a statement of the Tribunal's findings was filed pursuant to section 48 (1).




Notes


[235] 1985 c.70.back

[236] 1982 c.32.back

[237] 1975 c.63. [238] 1943 c.39.back

[239] 1974 c.47.back



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