Statutory Instruments 1998 No. 3132 (L. 17)
The Civil Procedure Rules 1998
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CCR ORDER 37

REHEARING, SETTING ASIDE AND APPEAL FROM DISTRICT JUDGE

Rehearing
     Rule 1  - (1) In any proceedings tried without a jury the judge shall have power on application to order a rehearing where no error of the court at the hearing is alleged.

    (2) Unless the court otherwise orders, any application under paragraph (1) shall be made to the judge by whom the proceedings were tried.

    (3) A rehearing may be ordered on any question without interfering with the finding or decision on any other question.

    (4) Where the proceedings were tried by the district judge, the powers conferred on the judge by paragraphs (1) and (3) shall be exercisable by the district judge and paragraph (2) shall not apply.

    (5) Any application for a rehearing under this rule shall be made on notice stating the grounds of the application and the notice shall be served on the opposite party not more than 14 days after the day of the trial and not less than 7 days before the day fixed for the hearing of the application.

    (6) On receipt of the notice, the court officer shall, unless the court otherwise orders, retain any money in court until the application has been heard.

Appeal from district judge
     Rule 6  - (1) Any party affected by a judgment or final order of the district judge may, except where he has consented to the terms of the order, appeal from the judgment or order to the judge, who may, upon such terms as he thinks fit - 

    (a) set aside or vary the judgment or order or any part of it;

    (b) give any other judgment or make any other order in substitution for the judgment or order appealed from;

    (c) remit the claim or any question in the claim to the district judge for rehearing or further consideration; or

    (d) order a new trial to take place before himself or another judge of the court on a day to be fixed.

    (2) The appeal shall be made on notice, which shall state the grounds of the appeal and be served within 14 days after the day on which judgment or order appealed from was given or made.

Imposition of terms and stay of execution
     Rule 8  - (1) An application to the judge or district judge under any of the foregoing rules may be granted on such terms as he thinks reasonable.

    (2) Notice of any such application shall not of itself operate as a stay of execution on the judgment or order to which it relates but the court may order a stay of execution pending the hearing of the application or any rehearing or new trial ordered on the application.

    (3) If a judgment or order is set aside under any of the foregoing rules, any execution issued on the judgment or order shall cease to have effect unless the court otherwise orders.



CCR ORDER 38

COSTS

Fixed costs
     Rule 18  - (1) Appendix B shall effect for the purpose of showing the total amount which, in the several cases to which Appendix B applies, shall be allowed to the solicitor for the claimant as fixed costs without assessment (whether by the summary or the detailed procedure), unless the court otherwise orders.

    (2) In a claim to which Appendix B or CPR Part 45 does not apply no amount shall be entered on the claim form for the charges of the claimant's solicitor, but the words "to be assessed" shall be inserted.



APPENDIX B

PART I

Claims for the Recovery of Property, Applications to Enforce an Award


Directions
     1. The Tables in this Part of this Appendix show the amount to be entered on the claim form or application in respect of solicitors' charges - 

    (c) in a claim for the recovery of property, including land, with or without a claim for a sum of money (other than a claim to which CPR Part 45 applies), for the purpose of Part II of this Appendix or of fixing the amount which the plaintiff may receive in respect of solicitors' charges without assessment whether by the detailed or summary procedure in the event of the defendant giving up possession and paying the amount claimed, if any, and costs;

    (e) in proceedings for the enforcement of a tribunal or other award, for the purposes only of Order 25, rule 12.

     2. In addition to the amount entered in accordance with the relevant Table the appropriate court fees shall be entered on the application.

     3. In the Tables the expression "claim" means - 

    (a) the sum of money claimed, or

    (b) in relation to a claim for the recovery of land (with or without a claim for a sum of money), a sum exceeding 600 but not exceeding 2,000;

    (c) in relation to a claim for the recovery of property other than money or land, the value of the property claimed or in the case of goods supplied under a hire purchase agreement, the unpaid balance of the total price.

     4. The Tables do not apply where the application or the claim form is to be served out of England and Wales or where service by an alternative method is ordered.

Tables of Fixed Costs



TABLE I
Where claim exceeds 25 but does not exceed 250
Amount of charges
(a) Where service is not by solicitor

30.75
(b) Where service is by solicitor

35.00


TABLE II
Where claim exceeds 250 but does not exceed 600
Amount of charges
(a) Where service is not by solicitor

41.00
(b) Where service is by solicitor

48.50


TABLE III
Where claim exceeds 600 but does not exceed 2,000
Amount of charges
(a) Where service is not by solicitor

69.50
(b) Where service is by solicitor

77.00


TABLE IV
Where claim exceeds 2,000
Amount of charges
(a) Where service is not by solicitor

75.50
(b) Where service is by solicitor

82.00



Part II

Judgments

Directions
Where an amount in respect of solicitors' charges has been entered on the claim form under Part I of this Appendix and judgment is given in the circumstances mentioned in paragraph (d) in column 1 of the following Table, the amount to be included in the judgment in respect of the solicitors' charges shall, be the amount entered on the application or the claim form together with the amount shown in column 2 of the Table under the sum of money by reference to which the amount entered on the application or the claim form was fixed. Where judgment is given for a sum less than the amount claimed or for the delivery of goods of which the value or the balance of the total price is a sum less than the amount claimed, the foregoing paragraph shall, unless the court otherwise directs, have effect as if the amount entered on the application or the claim form had been fixed by reference to that sum.

Fixed Costs on Judgments


Column 1 Column 2    
  Sum of money    
  A exceeding 25 but not exceeding 600 B exceeding 600 but not exceeding 3000 C exceeding 3000
 
(d) Where judgment is given in a fixed date action for - 

    (i) delivery of goods where goods are not subject to a regulated agreement; or

    (ii) possession of land suspended on payment of arrears of rent, whether claimed or not, in addition to current rent, and the defendant has neither delivered a defence, admission or counterclaim, nor otherwise denied liability

38.50 57.25 70.75

(Delivery of goods claims subject to a regulated agreement are dealt with by CPR Part 45)



PART III

Miscellaneous Proceedings

The following Table shows the amount to be allowed in respect of solicitors' charges in the circumstances mentioned. The appropriate court fee shall be allowed in addition.

Amount to be allowed
     3. For filing a request for the issue of a warrant of execution for a sum exceeding 25

2.25
     4. For service of any document required to be served personally (other than an application for an attachment of earnings order or a judgment summons unless allowed under Order 27, rule 9(1)(a), or Order 28, rule 10(2)(a)(i)), including copy and preparation of certificate of service

8.50
     5. For service by an alternative method, including attendances, making appointments to serve claim forms, preparing and attending to swear and file affidavits and to obtain order, and the fees paid for oaths

25.00
     6. For each attendance on the hearing of an application for an attachment of earnings order or a judgment summons where costs are allowed under Order 27, rule 9, or Order 28, rule 10

8.50
     7. For the costs of the judgment creditor when allowed in garnishee proceedings or an application under Order 30, rule 12

    (a) where the money recovered is less than 70.00

one half of the amount recovered
(b) where the money recovered is not less than 70.00

46.50
     8. For the costs of the judgment creditor when allowed on an application for a charging order

71.00
     9. For obtaining a certificate of judgment where costs allowed under Order 35, rule 5(3)(d)

8.00
     10. Where an order for possession is made under rule 6 or rule 6A of Order 49 without the attendance of the claimant, for preparing and filing the application, the documents attached to the application and the request for possession

79.50
     11. On examination of a witness under CCR Order 25, rule 3 where any responsible representative of the solicitor attends, for each half-hour or part thereof

15.00



CCR ORDER 39

ADMINISTRATION ORDERS

Exercise of powers by district judge
     Rule 1 Any powers conferred on the court by Part VI of the Act, section 4 of the Attachment of Earnings Act 1971[
287] or this Order may be exercised by the district judge or, in the circumstances mentioned in this Order, by the court officer.

Request and list of creditors
     Rule 2  - (1) A debtor who desires to obtain an administration order under Part VI of the Act shall file a request in that behalf in the court for the district in which he resides or carries on business.

    (2) Where on his examination under Order 25, rule 3, or otherwise, a debtor furnishes to the court on oath a list of his creditors and the amounts which he owes to them respectively and sufficient particulars of his resources and needs, the court may proceed as if the debtor had filed a request under paragraph (1).

    (3) Where a debtor is ordered to furnish a list under section 4 (1)(b) of the said Act of 1971, then, unless otherwise directed, the list shall be filed within 14 days after the making of the order.

Verification on oath
     Rule 3 The statements in the request mentioned in rule 2 (1) and the list mentioned in rule 2 (3) shall be verified by the debtor on oath.

Orders made by the court officer
     Rule 5  - (1) The question whether an administration order should be made, and the terms of such an order, may be decided by the court officer in accordance with the provisions of this rule.

    (2) On the filing of a request or list under rule 2, the court officer may, if he considers that the debtor's means are sufficient to discharge in full and within a reasonable period the total amount of the debts included in the list, determine the amount and frequency of the payments to be made under such an order ("the proposed rate") and - 

    (a) notify the debtor of the proposed rate requiring him to give written reasons for any objection he may have to the proposed rate within 14 days of service of notification upon him;

    (b) send to each creditor mentioned in the list provided by the debtor a copy of the debtor's request or of the list together with the proposed rate;

    (c) require any such creditor to give written reasons for any objection he may have to the making of an administration order within 14 days of service of the documents mentioned in sub-paragraph (b) upon him.

Objections under sub-paragraph (c) may be to the making of an order, to the proposed rate or to the inclusion of a particular debt in the order.

    (3) Where no objection under paragraph (2)(a) or (c) is received within the time stated, the court officer may make an administration order providing for payment in full of the total amount of the debts included in the list.

    (4) Where the debtor or a creditor notifies the court of any objection within the time stated, the court officer shall fix a day for a hearing at which the district judge will decide whether an administration order should be made and the court officer shall give not less than 14 days' notice of the day so fixed to the debtor and to each creditor mentioned in the list provided by the debtor.

    (5) Where the court officer is unable to fix a rate under paragraph (2) (whether because he considers that the debtor's means are insufficient or otherwise), he shall refer the request to the district judge.

    (6) Where the district judge considers that he is able to do so without the attendance of the parties, he may fix the proposed rate providing for payment of the debts included in the list in full or to such extent and within such a period as appears practicable in the circumstances of the case.

    (7) Where the proposed rate is fixed under paragraph (6), paragraphs (2) to (4) shall apply with the necessary modifications as if the rate had been fixed by the court officer.

    (8) Where the district judge does not fix the proposed rate under paragraph (6), he shall direct the court officer to fix a day for a hearing at which the district judge will decide whether an administration order should be made and the court officer shall give not less than 14 days' notice of the day so fixed to the debtor and to each creditor mentioned in the list provided by the debtor.

    (9) Where an administration order is made under paragraph (3), the court officer may exercise the power of the court under section 5 of the Attachment of Earnings Act 1971 to make an attachment of earnings order to secure the payments required by the administration order.

Notice of objection by creditor
     Rule 6  - (1) Any creditor to whom notice has been given under rule 5 (8) and who objects to any debt included in the list furnished by the debtor shall, not less than 7 days before the day of hearing, give notice of his objection, stating the grounds thereof, to the court officer, to the debtor and to the creditor to whose debt he objects.

    (2) Except with the permission of the court, no creditor may object to a debt unless he has given notice of his objection under paragraph (1).

Procedure on day of hearing
     Rule 7 On the day of the hearing - 

    (a) any creditor, whether or not he is mentioned in the list furnished by the debtor, may attend and prove his debt or, subject to rule 6, object to any debt included in that list;

    (b) every debt included in that list shall be taken to be proved unless it is objected to by a creditor or disallowed by the court or required by the court to be supported by evidence;

    (c) any creditor whose debt is required by the court to be supported by evidence shall prove his debt;

    (d) the court may adjourn proof of any debt and, if it does so, may either adjourn consideration of the question whether an administration order should be made or proceed to determine the question, in which case, if an administration order is made, the debt, when proved, shall be added to the debts scheduled to the order;

    (e) any creditor whose debt is admitted or proved, and, with the permission of the court, any creditor the proof of whose debt has been adjourned, shall be entitled to be heard and to adduce evidence on the question whether an administration order should be made and, if so, in what terms.

Direction for order to be subject to review
     Rule 8  - (1) The court may, on making an administration order or at any subsequent time, direct that the order shall be subject to review at such time or at such intervals as the court may specify.

    (2) Where the court has directed that an administration order shall be subject to review, the court officer shall give to the debtor and to every creditor who appeared when the order was made not less than 7 days' notice of any day appointed for such a review.

    (3) Nothing in this rule shall require the court officer to fix a day for a review under rule 13A.

Service of order
     Rule 9 Where an administration order is made, the court officer shall send a copy to - 

    (a) the debtor;

    (b) every creditor whose name was included in the list furnished by the debtor;

    (c) any other creditor who has proved his debt; and

    (d) every other court in which, to the knowledge of the district judge, judgment has been obtained against the debtor or proceedings are pending in respect of any debt scheduled to the order.

Subsequent objection by creditor
     Rule 10  - (1) After an administration order has been made, a creditor who has not received notice under rule 5 and who wishes to object to a debt scheduled to the order, or to the manner in which payment is directed to be made by instalments, shall give notice to the court officer of his objection and of the grounds thereof.

    (2) On receipt of such notice the court shall consider the objection and may - 

    (a) allow it;

    (b) dismiss it; or

    (c) adjourn it for hearing on notice being given to such persons and on such terms as to security for costs or otherwise as the court thinks fit.

    (3) Without prejudice to the generality of paragraph (2), the court may dismiss an objection if it is not satisfied that the creditor gave notice of it within a reasonable time of his becoming aware of the administration order.

Subsequent proof by creditor
     Rule 11  - (1) Any creditor whose debt is not scheduled to an administration order, and any person who after the date of the order became a creditor of the debtor, shall, if he wishes to prove his debt, send particulars of his claim to the court officer, who shall give notice of it to the debtor and to every creditor whose debt is so scheduled.

    (2) If neither the debtor nor any creditor gives notice to the court officer, within 7 days after receipt of notice under paragraph (1), that he objects to the claim, then, unless it is required by the court to be supported by evidence, the claim shall be taken to be proved.

    (3) If the debtor or a creditor gives notice of objection within the said period of 7 days or the court requires the claim to be supported by evidence, the court officer shall fix a day for consideration of the claim and give notice of it to the debtor, the creditor by whom the claim was made and the creditor, if any, making the objection, and on the hearing the court may either disallow the claim or allow it in whole or in part.

    (4) If a claim is taken to be proved under paragraph (2) or allowed under paragraph (3), the debt shall be added to the schedule to the order and a copy of the order shall then be sent to the creditor by whom the claim was made.

Permission to present bankruptcy petition
     Rule 12 An application by a creditor under section 112 (4) of the Act[288] for permission to present or join in a bankruptcy petition shall be made on notice to the debtor in accordance with CPR Part 23, but the court may, if it thinks fit, order that notice be given to any other creditor whose debt is scheduled to the administration order.

Conduct of order
     Rule 13  - (1) The court manager or such other officer of the court as the court making an administration order shall from time to time appoint shall have the conduct of the order and shall take all proper steps to enforce the order (including exercising the power of the court under section 5 of the Attachment of Earnings Act 1971 to make an attachment of earnings order to secure payments required by the administration order) or to bring to the attention of the court any matter which may make it desirable to review the order.

    (2) Without prejudice to section 115 of the Act, any creditor whose debt is scheduled to the order may, with the permission of the court, take proceedings to enforce the order.

    (3) The debtor or, with the permission of the court, any such creditor may apply to the court to review the order.

    (4) When on a matter being brought to its attention under paragraph (1) the court so directs or the debtor or a creditor applies for the review of an administration order, rule 8 (2) shall apply as if the order were subject to review under that rule.

    (5) Nothing in this rule shall require the court officer to fix a day for a review under rule 13A.

Review by court officer in default of payment
     Rule 13A  - (1) Where it appears that the debtor is failing to make payments in accordance with the order, the court officer shall (either of his own initiative or on the application of a creditor whose debt is scheduled to the administration order) send a notice to the debtor - 

    (a) informing him of the amounts which are outstanding; and

    (b) requiring him (within 14 days of service of the notice upon him) to

      (i) make the payments as required by the order; or

      (ii) explain his reasons for failing to make the payments; and

      (iii) make a proposal for payment of the amounts outstanding, or

      (iv) make a request to vary the order.

    (2) If the debtor does not comply with paragraph (1)(b) within the time stated, the court officer shall revoke the administration order.

    (3) The court officer shall refer a notice given by a debtor under paragraph (1)(b)(ii), (iii) or (iv) to the district judge who may - 

    (a) without requiring the attendance of the parties - 

      (i) revoke the administration order or vary it so as to provide for payment of the debts included in the order in full or to such extent and within such a period as appears practicable in the circumstances of the case; or

      (ii) suspend the operation of the administration order for such time and on such terms as he thinks fit; or

    (b) require the court officer to fix a day for the review of the administration order and to give to the debtor and to every creditor whose debt is scheduled to the administration order not less than 8 days' notice of the day so fixed.

    (4) Any party affected by an order made under paragraph (2) or (3)(a) may, within 14 days of service of the order on him and giving his reasons, apply on notice for the district judge to consider the matter afresh and the court officer shall fix a day for the hearing of the application before the district judge and give to the debtor and to every creditor whose debt is scheduled to the administration order not less than 8 days' notice of the day so fixed.

    (5) On hearing an application under paragraph (4), the district judge may confirm the order or set it aside and make such new order as he thinks fit and the order so made shall be entered in the records of the court.

Review of order
     Rule 14  - (1) On the review of an administration order the court may - 

    (a) if satisfied that the debtor is unable from any cause to pay any instalment due under the order, suspend the operation of the order for such time and on such terms as it thinks fit;

    (b) if satisfied that there has been a material change in any relevant circumstances since the order was made, vary any provision of the order made by virtue of section 112 (6) of the Act;

    (c) if satisfied that the debtor has failed without reasonable cause to comply with any provision of the order or that it is otherwise just and expedient to do so, revoke the order, either forthwith or on failure to comply with any condition specified by the court; or

    (d) make an attachment of earnings order to secure the payments required by the administration order or vary or discharge any such attachment of earnings order already made.

    (2) The court officer shall send a copy of any order varying or revoking an administration order to the debtor, to every creditor whose debt is scheduled to the administration order and, if the administration order is revoked, to any other court to which a copy of the administration order was sent pursuant to rule 9.

Discharge of attachment of earnings order
     Rule 16 On the revocation of an administration order any attachment of earnings order made to secure the payments required by the administration order shall be discharged.

Declaration of dividends
     Rule 17  - (1) The officer having the conduct of an administration order shall from time to time declare dividends and distribute them among the creditors entitled to them.

    (2) When a dividend is declared, notice shall be sent by the officer to each of the creditors.

Creditors to rank equally
     Rule 18 All creditors scheduled under section 113 (d) of the Act[289] before an administration order is superseded under section 117 (2) of the Act shall rank equally in proportion to the amount of their debts subject to the priority given by the said paragraph (d) to those scheduled as having been creditors before the date of the order, but no payment made to any creditor by way of dividend or otherwise shall be disturbed by reason of any subsequent proof by any creditor under the said paragraph (d).

Change of debtor's address
     Rule 19  - (1) A debtor who changes his residence shall forthwith inform the court of his new address.

    (2) Where the debtor becomes resident in the district of another court, the court in which the administration order is being conducted may transfer the proceedings to that other court.






Notes


[287] 1971 c.32; section 4 was amended by the Insolvency Act 1976 (c.60), section 13(2); and by the County Courts Act 1984 (c.28), section 148(1), schedule 2, Part V, paragraph 40.back

[288] Section 112 was amended by the Insolvency Act 1985 (c.65), section 220(2).back

[289] Section 113 was amended by the Administration of Justice Act 1985 (c.61), section 67(2), schedule 8, Part II.back



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