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The Civil Procedure Rule Committee, having power under section 2 of the Civil Procedure Act 1997[1] to make rules of court under section 1 of that Act, make the following rules which may be cited as the Civil Procedure Rules 1998 -
PART 1
OVERRIDING OBJECTIVE
Contents of this Part
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The overriding objective |
Rule 1.1 |
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Application by the court of the overriding objective |
Rule 1.2 |
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Duty of the parties |
Rule 1.3 |
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Court's duty to manage cases |
Rule 1.4 |
The overriding objective
1.1
- (1) These Rules are a new procedural code with the overriding objective of enabling the court to deal with cases justly.
(2) Dealing with a case justly includes, so far as is practicable -
(a) ensuring that the parties are on an equal footing;
(b) saving expense;
(c) dealing with the case in ways which are proportionate -
(i) to the amount of money involved;
(ii) to the importance of the case;
(iii) to the complexity of the issues; and
(iv) to the financial position of each party;
(d) ensuring that it is dealt with expeditiously and fairly; and
(e) allotting to it an appropriate share of the court's resources, while taking into account the need to allot resources to other cases.
Application by the court of the overriding objective
1.2
The court must seek to give effect to the overriding objective when it -
(a) exercises any power given to it by the Rules; or
(b) interprets any rule.
Duty of the parties
1.3
The parties are required to help the court to further the overriding objective.
Court's duty to manage cases
1.4
- (1) The court must further the overriding objective by actively managing cases.
(2) Active case management includes -
(a) encouraging the parties to co-operate with each other in the conduct of the proceedings;
(b) identifying the issues at an early stage;
(c) deciding promptly which issues need full investigation and trial and accordingly disposing summarily of the others;
(d) deciding the order in which issues are to be resolved;
(e) encouraging the parties to use an alternative dispute resolution(GL) procedure if the court considers that appropriate and facilitating the use of such procedure;
(f) helping the parties to settle the whole or part of the case;
(g) fixing timetables or otherwise controlling the progress of the case;
(h) considering whether the likely benefits of taking a particular step justify the cost of taking it;
(i) dealing with as many aspects of the case as it can on the same occasion;
(j) dealing with the case without the parties needing to attend at court;
(k) making use of technology; and
(l) giving directions to ensure that the trial of a case proceeds quickly and efficiently.
PART 2
APPLICATION AND INTERPRETATION OF THE RULES
Contents of this Part
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Application of the Rules |
Rule 2.1 |
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The glossary |
Rule 2.2 |
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Interpretation |
Rule 2.3 |
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Power of judge, Master or district judge to perform functions of the court |
Rule 2.4 |
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Court staff |
Rule 2.5 |
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Court documents to be sealed |
Rule 2.6 |
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Court's discretion as to where it deals with cases |
Rule 2.7 |
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Time |
Rule 2.8 |
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Dates for compliance to be calendar dates and to include time of day |
Rule 2.9 |
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Meaning of "month" in judgments, etc. |
Rule 2.10 |
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Time limits may be varied by parties |
Rule 2.11 |
Application of the Rules
2.1
- (1) Subject to paragraph (2), these Rules apply to all proceedings in -
(a) county courts;
(b) the High Court; and
(c) the Civil Division of the Court of Appeal.
(2) These Rules do not apply to proceedings of the kinds specified in the first column of the following Table (proceedings for which rules may be made under the enactments specified in the second column) except to the extent that they are applied to those proceedings by another enactment -
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Proceedings
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Enactments
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1.
Insolvency proceedings
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Insolvency Act 1986[2], ss.411 and 412 |
2.
Non-contentious or common form probate proceedings
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Supreme Court Act 1981[3], s.127 |
3.
Proceedings in the High Court when acting as a Prize Court
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Prize Courts Act 1894[4], s.3 |
4.
Proceedings before the judge within the meaning of Part VII of the Mental Health Act 1983[5]
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Mental Health Act 1983, s.106 |
5.
Family proceedings
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Matrimonial and Family Proceedings Act 1984[6], s.40 |
The glossary
2.2
- (1) The glossary at the end of these Rules is a guide to the meaning of certain legal expressions used in the Rules, but is not to be taken as giving those expressions any meaning in the Rules which they do not have in the law generally.
(2) Subject to paragraph (3), words in these Rules which are included in the glossary are followed by "(GL)".
(3) The words 'counterclaim', 'damages', 'practice form' and 'service', which appear frequently in the Rules, are included in the glossary but are not followed by "(GL)".
Interpretation
2.3
- (1) In these Rules -
"child" has the meaning given by rule 21.1(2);
"claim for personal injuries" means proceedings in which there is a claim for damages in respect of personal injuries to the claimant or any other person or in respect of a person's death, and "personal injuries" includes any disease and any impairment of a person's physical or mental condition;
"claimant" means a person who makes a claim;
"CCR" is to be interpreted in accordance with Part 50;
"court officer" means a member of the court staff;
"defendant" means a person against whom a claim is made;
"defendant's home court" means -
(a) if the claim is proceeding in a county court, the county court for the district in which the defendant's address for service, as shown on the defence, is situated; and
(b) if the claim is proceeding in the High Court, the district registry for the district in which the defendant's address for service, as shown on the defence, is situated or, if there is no such district registry, the Royal Courts of Justice;
(Rule 6.5 provides for a party to give an address for service)
"filing", in relation to a document, means delivering it, by post or otherwise, to the court office;
"judge" means, unless the context otherwise requires, a judge, Master or district judge or a person authorised to act as such;
"jurisdiction" means, unless the context otherwise requires, England and Wales and any part of the territorial waters of the United Kingdom adjoining England and Wales;
"legal representative" means a barrister or a solicitor, solicitor's employee or other authorised litigator (as defined in the Courts and Legal Services Act 1990[7]) who has been instructed to act for a party in relation to a claim;
"litigation friend" has the meaning given by Part 21;
"patient" has the meaning given by rule 21.1(2);
"RSC" is to be interpreted in accordance with Part 50;
(a) means a claim form, particulars of claim where these are not included in a claim form, defence, Part 20 claim, or reply to defence; and
(b) includes any further information given in relation to them voluntarily or by court order under rule 18.1;
"statement of value" is to be interpreted in accordance with rule 16.3;
"summary judgment" is to be interpreted in accordance with Part 24.
(2) A reference to a "specialist list" is a reference to a list(GL)that has been designated as such by a relevant practice direction.
(3) Where the context requires, a reference to "the court" means a reference to a particular county court, a district registry, or the Royal Courts of Justice.
Power of judge, Master or district judge to perform functions of the court
2.4
Where these Rules provide for the court to perform any act then, except where an enactment, rule or practice direction provides otherwise, that act may be performed -
(a) in relation to proceedings in the High Court, by any judge, Master or district judge of that Court; and
(b) in relation to proceedings in a county court, by any judge or district judge.
Court staff
2.5
- (1) Where these Rules require or permit the court to perform an act of a formal or administrative character, that act may be performed by a court officer.
(2) A requirement that a court officer carry out any act at the request of a party is subject to the payment of any fee required by a Fees Order for the carrying out of that act.
(Rule 3.2 allows a court officer to refer to a judge before taking any step)
Court documents to be sealed
2.6
- (1) The court must seal(GL) the following documents on issue -
(a) the claim form; and
(b) any other document which a rule or practice direction requires it to seal.
(2) The court may place the seal(GL) on the document -
(a) by hand; or
(b) by printing a facsimile of the seal on the document whether electronically or otherwise.
(3) A document purporting to bear the court's seal(GL) shall be admissible in evidence without further proof.
Court's discretion as to where it deals with cases
2.7
The court may deal with a case at any place that it considers appropriate.
Time
2.8
- (1) This rule shows how to calculate any period of time for doing any act which is specified -
(a) by these Rules;
(b) by a practice direction; or
(c) by a judgment or order of the court.
(2) A period of time expressed as a number of days shall be computed as clear days.
(3) In this rule "clear days" means that in computing the number of days -
(a) the day on which the period begins; and
(b) if the end of the period is defined by reference to an event, the day on which that event occurs,
are not included.
Examples
(i) Notice of an application must be served at least 3 days before the hearing.
An application is to be heard on Friday 20 October.
The last date for service is Monday 16 October.
(ii) The court is to fix a date for a hearing.
The hearing must be at least 28 days after the date of notice.
If the court gives notice of the date of the hearing on 1 October, the earliest date for the hearing is 30 October.
(iii) Particulars of claim must be served within 14 days of service of the claim form.
The claim form is served on 2 October.
The last day for service of the particulars of claim is 16 October.
(4) Where the specified period -
(a) is 5 days or less; and
(b) includes -
(i) a Saturday or Sunday; or
(ii) a Bank Holiday, Christmas Day or Good Friday,
that day does not count.
Example
Notice of an application must be served at least 3 days before the hearing.
An application is to be heard on Monday 20 October.
The last date for service is Tuesday 14 October.
(5) When the period specified -
(a) by these Rules or a practice direction; or
(b) by any judgment or court order,
for doing any act at the court office ends on a day on which the office is closed, that act shall be in time if done on the next day on which the court office is open.
Dates for compliance to be calendar dates and to include time of day
2.9
- (1) Where the court gives a judgment, order or direction which imposes a time limit for doing any act, the last date for compliance must, wherever practicable -
(a) be expressed as a calendar date; and
(b) include the time of day by which the act must be done.
(2) Where the date by which an act must be done is inserted in any document, the date must, wherever practicable, be expressed as a calendar date.
Meaning of "month" in judgments, etc.
2.10
Where "month" occurs in any judgment, order, direction or other document, it means a calendar month.
Time limits may be varied by parties
2.11
Unless these Rules or a practice direction provide otherwise or the court orders otherwise, the time specified by a rule or by the court for a person to do any act may be varied by the written agreement of the parties.
(Rules 3.8 (sanctions have effect unless defaulting party obtains relief), 28.4 (variation of case management timetable - fast track) and 29.5 (variation of case management timetable - multi-track) provide for time limits that cannot be varied by agreement between the parties)
PART 3
THE COURT'S CASE MANAGEMENT POWERS
Contents of this Part
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The court's general powers of management |
Rule 3.1 |
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Court officer's power to refer to a judge |
Rule 3.2 |
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Court's power to make order of its own initiative |
Rule 3.3 |
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Power to strike out a statement of case |
Rule 3.4 |
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Judgment without trial after striking out |
Rule 3.5 |
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Setting aside judgment entered after striking out |
Rule 3.6 |
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Sanctions for non-payment of certain fees |
Rule 3.7 |
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Sanctions have effect unless defaulting party obtains relief |
Rule 3.8 |
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Relief from sanctions |
Rule 3.9 |
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General power of the court to rectify matters where there has been an error of procedure |
Rule 3.10 |
The court's general powers of management
3.1
- (1) The list of powers in this rule is in addition to any powers given to the court by any other rule or practice direction or by any other enactment or any powers it may otherwise have.
(2) Except where these Rules provide otherwise, the court may -
(a) extend or shorten the time for compliance with any rule, practice direction or court order (even if an application for extension is made after the time for compliance has expired);
(b) adjourn or bring forward a hearing;
(c) require a party or a party's legal representative to attend the court;
(d) hold a hearing and receive evidence by telephone or by using any other method of direct oral communication;
(e) direct that part of any proceedings (such as a counterclaim) be dealt with as separate proceedings;
(f) stay(GL) the whole or part of any proceedings or judgment either generally or until a specified date or event;
(g) consolidate proceedings;
(h) try two or more claims on the same occasion;
(i) direct a separate trial of any issue;
(j) decide the order in which issues are to be tried;
(k) exclude an issue from consideration;
(l) dismiss or give judgment on a claim after a decision on a preliminary issue;
(m) take any other step or make any other order for the purpose of managing the case and furthering the overriding objective.
(3) When the court makes an order, it may -
(a) make it subject to conditions, including a condition to pay a sum of money into court; and
(b) specify the consequence of failure to comply with the order or a condition.
(4) Where the court gives directions it may take into account whether or not a party has complied with any relevant pre-action protocol(GL).
(5) The court may order a party to pay a sum of money into court if that party has, without good reason, failed to comply with a rule, practice direction or a relevant pre-action protocol.
(6) When exercising its power under paragraph (5) the court must have regard to -
(a) the amount in dispute; and
(b) the costs which the parties have incurred or which they may incur.
(7) A power of the court under these Rules to make an order includes a power to vary or revoke the order.
Court officer's power to refer to a judge
3.2
Where a step is to be taken by a court officer -
(a) the court officer may consult a judge before taking that step;
(b) the step may be taken by a judge instead of the court officer.
Court's power to make order of its own initiative
3.3
- (1) Except where a rule or some other enactment provides otherwise, the court may exercise its powers on an application or of its own initiative.
(Part 23 sets out the procedure for making an application)
(2) Where the court proposes to make an order of its own initiative -
(a) it may give any person likely to be affected by the order an opportunity to make representations; and
(b) where it does so it must specify the time by and the manner in which the representations must be made.
(3) Where the court proposes -
(a) to make an order of its own initiative; and
(b) to hold a hearing to decide whether to make the order,
it must give each party likely to be affected by the order at least 3 days' notice of the hearing.
(4) The court may make an order of its own initiative without hearing the parties or giving them an opportunity to make representations.
(5) Where the court has made an order under paragraph (4) -
(a) a party affected by the order may apply to have it set aside(GL), varied or stayed(GL); and
(b) the order must contain a statement of the right to make such an application.
(6) An application under paragraph (5)(a) must be made -
(a) within such period as may be specified by the court; or
(b) if the court does not specify a period, not more than 7 days after the date on which the order was served on the party making the application.
Power to strike out a statement of case
3.4
- (1) In this rule and rule 3.5, reference to a statement of case includes reference to part of a statement of case.
(2) The court may strike out(GL) a statement of case if it appears to the court -
(a) that the statement of case discloses no reasonable grounds for bringing or defending the claim;
(b) that the statement of case is an abuse of the court's process or is otherwise likely to obstruct the just disposal of the proceedings; or
(c) that there has been a failure to comply with a rule, practice direction or court order.
(3) When the court strikes out a statement of case it may make any consequential order it considers appropriate.
(4) Where -
(a) the court has struck out a claimant's statement of case;
(b) the claimant has been ordered to pay costs to the defendant; and
(c) before the claimant pays those costs, he starts another claim against the same defendant, arising out of facts which are the same or substantially the same as those relating to the claim in which the statement of case was struck out,
the court may, on the application of the defendant, stay(GL) that other claim until the costs of the first claim have been paid.
(5) Paragraph (2) does not limit any other power of the court to strike out(GL) a statement of case.
Judgment without trial after striking out
3.5
- (1) This rule applies where -
(a) the court makes an order which includes a term that the statement of case of a party shall be struck out if the party does not comply with the order; and
(b) the party against whom the order was made does not comply with it.
(2) A party may obtain judgment with costs by filing a request for judgment if -
(a) the order referred to in paragraph (1)(a) relates to the whole of a statement of case; and
(b) where the party wishing to obtain judgment is the claimant, the claim is for -
(i) a specified amount of money;
(ii) an amount of money to be decided by the court;
(iii) delivery of goods where the claim form gives the defendant the alternative of paying their value; or
(iv) any combination of these remedies.
(3) The request must state that the right to enter judgment has arisen because the court's order has not been complied with.
(4) A party must make an application in accordance with Part 23 if he wishes to obtain judgment under this rule in a case to which paragraph (2) does not apply.
Setting aside judgment entered after striking out
3.6
- (1) A party against whom the court has entered judgment under rule 3.5 may apply to the court to set the judgment aside.
(2) An application under paragraph (1) must be made not more than 14 days after the judgment has been served on the party making the application.
(3) If the right to enter judgment had not arisen at the time when judgment was entered, the court must set aside(GL) the judgment.
(4) If the application to set aside(GL) is made for any other reason, rule 3.9 (relief from sanctions) shall apply.
Notes
[1]
1997 c.12.back
[2]
1986 c.45.back
[3]
1981 c.54.back
[4]
1894 c.39.back
[5]
1983 c.20.back
[6]
1984 c.42. Section 40 was amended by the Courts and Legal Services Act 1990 (c.41), Schedule 18, paragraph 50.back
[7]
1990 c.41.back
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