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

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Law Society to produce certain documents
     Rule 13  - (1) Within 7 days after being served with the notice of appeal the Law Society must lodge in the Crown Office three copies of each of the following documents: - 

    (a) the order appealed against, together with the statement of the Tribunal's findings required by section 48 (1) of the Act,

    (b) any document lodged by a party with the Tribunal which is relevant to a matter in issue on the appeal, and

    (c) the transcript of the shorthand note, or, as the case may be, the note taken by the chairman of the Tribunal of the evidence in the proceedings before the Tribunal.

    (2) At the hearing of the appeal the Court shall direct by whom the costs incurred in complying with paragraph (1) are to be borne and may order them to be paid to the Law Society by one of the parties notwithstanding that the Society does not appear at the hearing.

Restriction on requiring security for costs
     Rule 14 No person other than an appellant who was the applicant in the proceedings before the Tribunal, shall be ordered to give security for the costs of an appeal.

Disciplinary committee's opinion may be required
     Rule 15 The Court may direct the Tribunal to furnish the Court with a written statement of their opinion on the case which is the subject-matter of an appeal or on any question arising therein, and where such a direction is given, the clerk to the Tribunal must as soon as may be lodge three copies of such statement in the Crown Office and at the same time send a copy to each of the parties to the appeal.

Persons entitled to be heard on appeal
     Rule 16 A person who has not been served with the notice of appeal but who desires to be heard in opposition to the appeal shall, if he appears to the Court to be a proper person to be so heard, be entitled to be so heard.

Discontinuance of appeal
     Rule 17  - (1) An appellant may at any time discontinue his appeal by serving notice of discontinuance on the clerk to the Tribunal and every other party to the appeal and, if the appeal has been entered, by lodging a copy of the notice in the Crown Office.

    (2) Where an appeal has been discontinued in accordance with paragraph (1) it shall be treated as having been dismissed with an order for payment by the appellant of the costs of and incidental to the appeal, including any costs incurred by the Law Society in complying with rule 13 (1).



RSC ORDER 108

PROCEEDINGS RELATING TO CHARITIES: THE CHARITIES ACT 1993[240]

Interpretation
     Rule 1 In this Order - 

    "the Act" means the Charities Act 1993;

    "certificate" means a certificate that a case is a proper one for an appeal;

    "charity proceedings" means proceedings in the High Court under the Court's jurisdiction with respect to charities or under the Court's jurisdiction with respect to trusts in relation to the administration of a trust for charitable purposes;

    "the Commissioners" means the Charity Commissioners for England and Wales.

Assignment to Chancery Division
     Rule 2 Charity proceedings and proceedings brought in the High Court by virtue of the Act shall be assigned to the Chancery Division.

Application for permission to appeal or to take charity proceedings
     Rule 3  - (1) An application shall not be made under section 16 (13) of the Act for permission to appeal against an order of the Commissioners unless the applicant has requested the Commissioners to grant a certificate and they have refused to do so.

    (2) An application under section 33 (5) of the Act for permission to start charity proceedings must be made within 21 days after the refusal by the Commissioners of an order authorising proceedings.

    (3) The application must be made by lodging in Chancery Chambers a statement showing - 

    (a) the name, address and description of the applicant;

    (b) particulars of the order against which it is desired to appeal or of the proceedings which it is desired to take;

    (c) the date of the Commissioners' refusal to grant a certificate or an order authorising the taking of proceedings;

    (d) the grounds on which the applicant alleges that it is a proper case for an appeal or for taking proceedings.

    (4) The application may be made without notice in the first instance and if it is made with the consent of any other party to the proposed appeal or proposed proceedings that fact shall be mentioned in the statement.

    (5) If the judge on considering the application so directs, the Commissioners shall furnish him with a written statement of their reasons for refusing a certificate or, as the case may be, an order authorising the taking of proceedings, and a copy of any such statement shall be sent from Chancery Chambers to the applicant.

    (6) Unless, after considering the applicant's statement and the statement (if any) of the Commissioners, the judge decides to give the permission applied for without a hearing, the application shall be set down for hearing, and the hearing may be in private if the judge so directs.

    (7) Where the application is determined without a hearing, a copy of the judge's order shall be sent from Chancery Chambers to the applicant and the Commissioners; 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.

Application for enforcement of order or direction of Commissioners
     Rule 4 Order 52 rule 1 (4), shall apply in relation to an application under section 88 of the Act as if for the reference in that rule to a single judge of the Queen's Bench Division there was substituted a reference to a single judge of the Chancery Division.

Appeal against order, etc., of Commissioners
     Rule 5  - (1) An appeal against an order or decision of the Commissioners shall be heard and determined by a single judge.

    (2) Such an appeal must be brought by a notice of appeal to which the Attorney-General, unless he is the appellant, shall be made a defendant in addition to any other person who is a proper defendant thereto.

    (3) A notice of appeal under this rule must state the grounds of the appeal and, except with the permission of the judge hearing the appeal, the appellant shall not be entitled to rely on any ground not so stated.

Service on Commissioners
     Rule 6 Any document required or authorised to be served on the Commissioners in proceedings to which this Order relates must be served on the Treasury Solicitor in accordance with Order 77, rule 4 (2).



RSC ORDER 109

THE ADMINISTRATION OF JUSTICE ACT 1960[241]

Applications under Act
     Rule 1  - (1) Any of the following applications, that is to say - 

    (a) an application under section 2 of the Administration of Justice Act 1960, or under that section as applied by section 13 of that Act, to extend the time within which an application may be made to a Divisional Court for permission to appeal to the House of Lords under section 1 of that Act, or section 13 thereof, from an order or decision of that Court, and

    (b) an application by a defendant under section 9 (3) of that Act to a Divisional Court for permission to be present on the hearing of any proceedings preliminary or incidental to an appeal to the House of Lords under section 1 of that Act from a decision of that Court

must be made to a Divisional Court except in vacation when it may be made to a judge sitting in private

    (2) Any such application to a Divisional Court, if not made in the proceedings before the Divisional Court from whose order or decision the appeal in question is brought, must be made by the issue of a claim form and be heard in public.

    (3) Any such application to a judge sitting in private must, in the case of such an application as is referred to in paragraph (1)(a) be made by the issue of a claim form and, in the case of such an application as is referred to in paragraph (1)(b) need not be served on any other person unless, in the latter case, the judge otherwise directs.

    (4) No application notice or copy of the claim form (as the case may be) by which such an application as is referred to in paragraph (1)(b) is made, need be given to any party affected thereby unless the Divisional Court otherwise directs.

    (5) Where any application to which this rule applies is made in vacation to a single judge and the judge refuses the application, the applicant shall be entitled to have the application determined by a Divisional Court.

Appeals under section 13 of Act
     Rule 2  - (1) An appeal to a Divisional Court of the High Court under section 13 of the Administration of Justice Act 1960, shall be heard and determined by a Divisional Court of the Queen's Bench Division.

    (3) Order 55, rules 4 (2) and 5, shall not apply in relation to an appeal to a Divisional Court under the said section 13.

    (4) Unless the Court gives permission, there shall be not more than 4 clear days between the date on which the order or decision appealed against was made and the day named in the notice of appeal for the hearing of the appeal.

    (5) The notice must be served, and the appeal entered, not less than one clear day before the day named in the notice for the hearing of the appeal.

Release of appellant on bail
     Rule 3  - (1) Where, in the case of an appeal under section 13 of the Administration of Justice Act 1960, to a Divisional Court or to the House of Lords from a Divisional Court, the appellant is in custody, the High Court may order his release on his giving security (whether by recognizance, with or without sureties, or otherwise and for such reasonable sum as the Court may fix) for his appearance, within 10 days after the judgment of the Divisional Court or, as the case may be, of the House of Lords, on the appeal before the court from whose order or decision the appeal is brought unless the order or decision is reversed by that judgment.

    (2) Order 79, rule 9 (1) to (6) and (8) shall apply in relation to an application to the High Court for bail pending an appeal under the said section 13 to which this rule applies, and to the admission of a person to bail in pursuance of an order made on the application, as they apply in relation to an application to that Court for bail in criminal proceedings, and to the admission of a person to bail in pursuance of an order made on the application, but with the substitution, for references to the defendant, of references to the appellant, and, for references to the prosecutor, of references to the court officer of the court from whose order or decision the appeal is brought and to the parties to the proceedings in that court who are directly affected by the appeal.



RSC ORDER 110

ENVIRONMENTAL CONTROL PROCEEDINGS

Injunctions to prevent environmental harm
     Rule 1  - (1) An injunction under - 

    (a) section 187B or 214A of the Town and Country Planning Act 1990[242];

    (b) section 44A of the Planning (Listed Buildings and Conservation Areas) Act 1990[243]; or

    (c) section 26AA of the Planning (Hazardous Substances) Act 1990[244]

may be granted against a person whose identity is unknown to the applicant; and in the following provisions of this rule such an injunction against such a person is referred to as "an injunction under paragraph (1)," and the person against whom it is sought is referred to as "the defendant".

    (2) An applicant for an injunction under paragraph (1) shall, in the application made in accordance with CPR Part 23, describe the defendant by reference to - 

    (a) a photograph,

    (b) a thing belonging to or in the possession of the defendant, or

    (c) any other evidence,

with sufficient particularity to enable service to be effected..

    (3) An applicant for an injunction under paragraph (1) shall file in support of the application evidence by witness statement or affidavit - 

    (a) verifying that he was unable to ascertain, within the time reasonably available to him, the defendant's identity,

    (b) setting out the action taken to ascertain the defendant's identity, and

    (c) verifying the means by which the defendant has been described in the application and that the description is the best that the applicant is able to provide.

    (4) Paragraph (2) is without prejudice to the power of the Court to make an order for service by an alternative method or dispensing with service.



RSC ORDER 111

THE SOCIAL SECURITY ADMINISTRATION ACT 1992[245]

Judge by whom appeals and references to be heard
     Rule 1 Any appeal to the High Court against a decision of the Secretary of State on a question of law under the Social Security Administration Act 1992, and any question of law referred to the High Court by the Secretary of State under the Act, shall be heard and determined by a single judge of the Queen's Bench Division.

Appeal: preliminary statement of facts by Secretary of State
     Rule 2 Any person who by virtue of section 18 or 58 (8) of the Social Security Administration Act 1992 is entitled and wishes to appeal against a decision of the Secretary of State on a question of law must within the prescribed period or within such further time as the Secretary of State may allow serve on the Secretary of State a notice of appeal requiring him to state a case setting out the facts on which his decision was based and his decision.

If within 28 days after receipt of notice of the decision a request is made to the Secretary of State in accordance with regulations made under the Act to furnish a statement of the grounds of the decision, the prescribed period for the purpose of this rule shall be 28 days after receipt of that statement, and if no such request is made within 28 days after receipt of notice of the decision the prescribed period for that purpose shall be 28 days after receipt of that notice.

Special provisions as to appeals
     Rule 3 Order 55 shall not apply in relation to an appeal under the said section 18 or 58 (8) but Order 56, rules 9 to 12, shall apply in relation to the case stated by the Secretary of State for the purpose of any such appeal as they apply in relation to any other case stated by a Minister except that Order 56, rule 10 (4) and (7) as so applied, shall have effect as if for the period of 14 days and 7 days therein specified there were substituted a period of 28 days.

Reference of question of law
     Rule 4  - (1) Where under the said section 18 or 58 (8) the Secretary of State refers to the High Court for decision any question of law, he must state that question together with the facts relating thereto in a case.

    (2) Order 56, rules 9 (1), 10 (1), 11 and 12, shall apply in relation to a case stated under paragraph (1) of this rule as they apply in relation to any other case stated by a Secretary of State.

    (3) The notice of appeal by which proceedings for the determination of the question of law stated in the case are begun, together with a copy of the case, must be served by the Secretary of State on every person as between whom and the Secretary of State the question has arisen.

    (4) Unless the Court having jurisdiction to determine the question of law otherwise directs, the appeal or reference shall not be heard sooner than 28 days after service of notice of appeal.

Powers of Court hearing appeal or reference
     Rule 5  - (1) Without prejudice to Order 56, rule 11, as applied by rules 3 and 4 of this Order, the Court hearing an appeal or reference under the said section 18 or 58 (8) may order the case stated by the Secretary of State to be returned to the Secretary of State for him to hear further evidence.

    (2) The Court hearing such an appeal or reference shall determine all questions arising thereon, and in the case of any such appeal may reverse, affirm or amend the decision appealed against or make such other order as it thinks fit.



RSC ORDER 112

APPLICATIONS FOR USE OF BLOOD TESTS IN DETERMINING PATERNITY

Interpretation
     Rule 1 In this Order - 

    "the Act" means Part III of the Family Law Reform Act 1969[246];

    "blood samples" and "blood tests" have the meanings assigned to them by section 25 of the Act;

    "direction" means a direction for the use of blood tests under section 20 (1) of the Act;

    "the court officer" means the officer of the court who draws up a direction.

Application for direction
     Rule 2  - (1) Except with the permission of the court, an application in any proceedings for a direction shall be in accordance with CPR Part 23 and a copy of the application notice shall be served on every party to the proceedings (other than the applicant) and on any other person from whom the direction involves the taking of blood samples.

    (3) Any notice required by this rule to be served on a person who is not a party to the proceedings shall be served on him personally.

Applications involving children under 16 and patients
     Rule 3 Where an application is made for a direction in respect of a person who is either - 

    (a) under 16 , or

    (b) suffering from a mental disorder within the meaning of the Mental Health Act 1983[247] and incapable of understanding the nature and purpose of blood tests,

the application notice or claim form shall state the name and address of the person having the care and control of the person under disability and shall be served on him instead of on the person under disability.

Addition as a party of person to be tested
     Rule 4 Where an application is made for a direction involving the taking of blood samples from a person who is not a party to the proceedings in which the application is made, the court may at any time direct that person to be made a party to the proceedings.

Service of direction and adjournment of proceedings
     Rule 5 Where the court gives a direction in any proceedings, the court officer shall send a copy to every party to the proceedings and to every other person from whom the direction involves the taking of blood samples and, unless otherwise ordered, further consideration of the proceedings shall be adjourned until the court receives a report pursuant to the direction.

Service of copy report
     Rule 6 On receipt by the court of a report made pursuant to a direction, the proper officer shall send a copy to every party to the proceedings and to every other person from whom the direction involved the taking of blood samples.



RSC ORDER 113

SUMMARY PROCEEDINGS FOR POSSESSION OF LAND

Proceedings to be brought by claim form
     Rule 1  - (1) Where a person claims possession of land which he alleges is occupied solely by a person or persons (not being a tenant or tenants holding over after the termination of the tenancy) who entered into or remained in occupation without his licence or consent or that of any predecessor in title of his, the proceedings shall be brought by claim form in accordance with the provisions of this Order.

    (2) Where proceedings of the type referred to in paragraph (1) are brought, the court will fix a day for the hearing when it issues the claim form.

Jurisdiction of Masters
     Rule 1A Proceedings under this Order may be heard and determined by a master, who may refer them to a judge if he thinks they should properly be decided by the judge.

Forms of claim form
     Rule 2  - (1) The claim form shall be as set out in the relevant practice direction and no acknowledgment of service of it shall be required.

    (2) The claim form shall be endorsed with or contain a statement showing whether possession is claimed in respect of residential premises or in respect of other land.

Witness statement or affidavit in support
     Rule 3 The claimant shall file in support of the claim form a witness statement or affidavit stating - 

    (a) his interest in the land;

    (b) the circumstances in which the land has been occupied without licence or consent and in which his claim to possession arises; and

    (c) that he does not know the name of any person occupying the land who is not named in the claim form;

and, unless the Court directs, any such witness statement or affidavit may contain statements of information or belief with the sources and grounds thereof.

Service of claim form
     Rule 4  - (1) Where any person in occupation of the land is named in the claim form, the claim form together with a copy of the witness statement or affidavit in support shall be served on him - 

    (a) personally; or

    (b) by leaving a copy of the claim form and of the witness statement or affidavit or sending them to him, at the premises; or

    (c) in such other manner as the Court may direct.

    (2) Where any person not named as a defendant is in occupation of the land, the claim form shall be served (whether or not it is also required to be served in accordance with paragraph (1)), unless the court otherwise directs, by - 

    (a) affixing a copy of the claim form and a copy of the witness statement or affidavit to the main door or other conspicuous part of the premises and, if practicable, inserting through the letter-box at the premises a copy of the claim form and a copy of the witness statement or affidavit enclosed in a sealed transparent envelope addressed to "the occupiers", or

    (b) placing stakes in the ground at conspicuous parts of the occupied land, to each of which shall be affixed a sealed transparent envelope addressed to "the occupiers" and containing a copy of the claim form and a copy of the witness statement or affidavit.

    (2A) Every copy of a claim form for service under paragraph (1) or (2) shall be sealed with the seal of the Office of the Supreme Court out of which the claim form was issued.

Application by occupier to be made a party
     Rule 5 Any person not named as a defendant who is in occupation of the land and wishes to be heard on the question whether an order for possession should be made may apply at any stage of the proceedings to be joined as a defendant.

Order for possession
     Rule 6  - (1) A final order for possession in proceedings under this Order shall, except in case of emergency and by permission of the court, not be made - 

    (a) in the case of residential premises, less than five clear days after the date of service, and

    (b) in the case of other land, less than two clear days after the date of service.

    (2) An order for possession in proceedings under this Order shall be in Form No. 42A.

    (3) Nothing in this Order shall prevent the Court from ordering possession to be given on a specified date, in the exercise of any power which could have been exercised if possession had been sought in a claim begun in accordance with CPR Part 7.

Writ of possession
     Rule 7  - (1) Order 45, rule 3 (2) shall not apply in relation to an order for possession under this Order but no writ of possession to enforce such an order shall be issued after the expiry of three months from the date of the order without the permission of the Court.

An application for permission may be made without notice being served on any other party unless the Court otherwise directs.

    (2) The writ of possession shall be in Form No. 66A.

Setting aside order
     Rule 8 The court may, on such terms as it thinks just, set aside or vary any order made in proceedings under this Order.



RSC ORDER 114

REFERENCES TO THE EUROPEAN COURT

Interpretation
     Rule 1 In this Order - 

    "the Court" means the court by which an order is made and includes the Court of Appeal;

    "the European Court" means the Court of Justice of the European Communities; and

    "order" means an order referring a question to the European Court for a preliminary ruling under article 177 of the Treaty establishing the European Community, Article 150 of the Treaty establishing the European Atomic Energy Community or Article 41 of the Treaty establishing the European Coal and Steel Community or for a ruling on the interpretation of any of the Brussels Conventions (within the meaning of s.1 (1) of the Civil Jurisdiction and Judgments Act 1982[248]) or any of the instruments referred to in s.1 of the Contracts (Applicable Law) Act 1990[249].

Making of order
     Rule 2  - (1) An order may be made by the Court of its own initiative at any stage in proceedings, or on application by a party before or at the trial or hearing thereof.

    (2) Where an application is made before the trial or hearing, it shall be made by claim form.

    (3) In the High Court no order shall be made except by a judge in person.

Schedule to order to set out request for ruling
     Rule 3 An order shall set out in a schedule the request for the preliminary ruling of the European Court, and the Court may give directions as to the manner and form in which the schedule is to be prepared.

Stay of proceedings pending ruling
     Rule 4 The proceedings in which an order is made shall, unless the Court otherwise orders, be stayed until the European Court has given a preliminary ruling on the question referred to it.

Transmission of order to the European Court
     Rule 5 When an order has been made, the Senior Master shall send a copy thereof to the Registrar of the European Court; but in the case of an order made by the High Court, he shall not do so, unless the Court otherwise orders, until the time for appealing against the order has expired or, if an appeal is entered within that time, until the appeal has been determined or otherwise disposed of.

Appeals from orders made by High Court
     Rule 6 On an appeal to the Court of Appeal from an order made by the High Court the period within which a notice of appeal must be served under Order 59, rule 4 (1) shall be 14 days.






Notes


[240] 1993 c.10.back

[241] 1960 c.65.back

[242] 1990 c.8.back

[243] 1990 c.9.back

[244] 1990 c.10.back

[245] 1992 c.5.back

[246] 1969 c.46.back

[247] 1983 c.20.back

[248] 1982 c.27.back

[249] 1990 c.36.back



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