PART 1 OVERRIDING OBJECTIVE

The overriding objective_I1

^F31.1—(1) These Rules are a ... procedural code with the overriding objective of enabling the court to deal with cases justly [^F4and at proportionate cost^F4] .

(2) Dealing with a case justly [^F5and at proportionate cost^F5] includes, so far as is practicable—

(a)ensuring that the parties are on an equal footing [^F6and can participate fully in proceedings, and that parties and witnesses can give their best evidence^F6] ;

(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)^F7ensuring that it is dealt with expeditiously and fairly; ...

(e)^F8allotting to it an appropriate share of the court’s resources, while taking into account the need to allot resources to other cases; ...

[^F9 (f)promoting or using alternative dispute resolution;^F9]

[[^F10,F11 (g)^F11] enforcing compliance with rules, practice directions and orders.^F10]

Application by the court of the overriding objective_I2

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 [^F12, subject to [^F13 rules 76.2, 79.2 [^F14 , 80.2 [^F15 , 82.2 and 88.2^{F15,F14,F13,F12}]]]] .

Duty of the parties_I3

1.3 The parties are required to help the court to further the overriding objective.

Court’s duty to manage cases_I4

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)[^F16 ordering or encouraging the parties to use, and facilitating the use of, alternative dispute resolution^F16] ;

(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.

[^F17The Welsh language

1.5.—(1) Nothing in the overriding objective undermines the principles provided by the Welsh Language (Wales) Measure 2011 that the Welsh language has official status in Wales or by the Welsh Language Act 1993 that in any legal proceedings in Wales the Welsh language may be used by any person who desires to use it.

(2) The parties are required to assist the court to put into effect the principles set out in paragraph (1).^F17]

[^F18Participation of vulnerable parties or witnesses

1.6. Practice Direction 1A makes provision for how the court is to give effect to the overriding objective in relation to vulnerable parties or witnesses.^F18]

PART 2 APPLICATION AND INTERPRETATION OF THE RULES

Application of the Rules_I5

2.1—(1) Subject to paragraph (2), these Rules apply to all proceedings in—

(a)[^F21 County Court^F21] ;

(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—

[^F30 (3) These Rules apply to proceedings under—

(a)the Companies Act 1985(3);

(b)the Companies Act [^F31 2006^F31] ; and

(c)other legislation relating to companies and limited liability partnerships,

subject to the provisions of the relevant practice direction which applies to those proceedings.^F30]

The glossary_I6

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_I7

2.3—(1) In these Rules—

• “ child ” has the meaning given by rule 21.1(2);

• [^F32 “civil restraint order” means an order restraining a party—

  (a)

  from making any further applications in current proceedings (a limited civil restraint order);

  (b)

  from issuing certain claims or making certain applications in specified courts (an extended civil restraint order); or

  (c)

  from issuing any claim or making any application in specified courts (a general civil restraint order).^F32]

• “ 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;

• [^F33 “defendant’s home court” means—

  (a)

  [^F34 if a claim is proceeding in the County Court, the County Court hearing centre serving the address where the defendant resides or carries on business; and^F34]

  (b)

  if the claim is proceeding in the High Court, the district registry for the district in which the defendant resides or carries on business or, where there is no such district registry, the Royal Courts of Justice;^F33]

  ^F35 ...

• ^F36 ...

• [^F37 “ filing ” means delivering a document or information, by post or otherwise, to the court office; ^F37]

• “ judge ” [^F38 includes, unless the context otherwise requires, a Master, Admiralty Registrar, Insolvency and Companies Court Judge (“ICC Judge”) ^F38] or [^F39 District Judge ^F39] or a person authorised to act as such;

• [^F40 ‘judge of the County Court’ has the meaning given in section 5 of the County Courts Act 1984 ; ^F40]

• “ 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;

• [^F41 “justices’ legal adviser” means a person nominated by the Lord Chancellor who is authorised to exercise functions under section 28(1) of the Courts Act 2003 ; ^F41]

• [^F42 “legal representative” means a—

  (a)

  barrister;

  (b)

  solicitor;

  (c)

  solicitor’s employee;

  (d)

  manager of a body recognised under section 9 of the Administration of Justice Act 1985; or

  (e)

  person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the conduct of litigation (within the meaning of that Act),

  who has been instructed to act for a party in relation to proceedings;^F42]

• “ litigation friend ” has the meaning given by Part 21;

• [^F43 “ MyHMCTS ” means the online case management tool managed by [^F44 His Majesty’s ^F44] Courts and Tribunals Service; ^F43]

• [^F45 ‘preferred hearing centre’ means, if the claim is proceeding in the County Court, the County Court hearing centre the claimant has specified in practice form N1 as the hearing centre to which the proceedings should be sent if necessary; ^F45]

• “ [^F46 protected party ^F46] ” has the meaning given by rule 21.1(2);

• “RSC” is to be interpreted in accordance with Part 50;

• “statement of case”—

  (a)

  means a claim form, particulars of claim where these are not included in a claim form, defence, [^F47counterclaim or other additional claim^F47] , 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 [^F48 ; ^F48]

• [^F49 “tape recorded” includes (as do references to tape recording and tape recorders) recording by the use or means of any other instrument or device. ^F49]

[^F50 (1A) Unless the contrary is indicated, a definition that applies to a Part of these Rules applies also to a practice direction supplementing that Part.^F50]

(2) A reference to a “ specialist list ” is a reference to a list ^(GL) that has been designated as such by a [^F51 rule or ^F51] practice direction.

(3) Where the context requires, a reference to “ the court ” means a reference to [^F52 the County Court ^F52] , a [^F53 District Registry ^F53] , or the Royal Courts of Justice.

[^F54Power to perform an act of the court^F54] _I8

2.4[^F55—(1)^F55] 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 [^F56judge of that Court, including a Master, Admiralty Registrar, ICC Judge or District Judge^F56] ; and

(b)in relation to proceedings in [^F57the County Court^F57] , by any judge[^F58 of the County Court^F58] .

[^F59 (2)^F59] A legal adviser, defined in paragraph 1.2(b) of Practice Direction 2E, may exercise the jurisdiction of the County Court specified in, and subject to, that Practice Direction.

^F60...

^F612.4A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Court staff_I9

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 [^F62a matter for judicial decision^F62] taking any step)

Court documents to be sealed_I10

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.

[^F63 (2) The court may place the seal on the document by hand, by printing or electronically.^F63]

(3) A document [^F64appearing^F64] 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_I11

2.7 The court may deal with a case at any place that it considers appropriate.

Time_{cross-notes I12}

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 [^F65listed^F65] 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)[^F66 Subject to the provisions of Practice Direction 5C, when the period specified—^F66]

(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 [^F67under these rules^F67] 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_I13

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._I14

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_I15

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), [^F6828.3 (variation of case management timetable – fast track and intermediate track)^F68] 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 [^F69AND COSTS^F69] MANAGEMENT POWERS _cross-notes

[^F80SECTION I Case Management^F80]

The court’s general powers of management_{cross-notes I16}

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;

[[^F81,F82 (c)^F82] require that any proceedings in the High Court be heard by a Divisional Court of the High Court;^F81]

[^F83 (d)^F83] require a party or a party’s legal representative to attend the court;

[^F83 (e)^F83] hold a hearing and receive evidence by telephone or by using any other method of direct oral communication;

[^F83 (f)^F83] direct that part of any proceedings (such as a counterclaim) be dealt with as separate proceedings;

[^F83 (g)^F83] stay^(GL) the whole or part of any proceedings or judgment either generally or until a specified date or event;

[^F83 (h)^F83] consolidate proceedings;

[^F83 (i)^F83] try two or more claims on the same occasion;

[^F83 (j)^F83] direct a separate trial of any issue;

[^F83 (k)^F83] decide the order in which issues are to be tried;

[^F83 (l)^F83] exclude an issue from consideration;

[^F83 (m)^F83] dismiss or give judgment on a claim after a decision on a preliminary issue;

[[^F84,F83 (n)^F83] order any party to file and [^F85 exchange a costs budget^F85] ;^F84]

[^F86 (o)order the parties to engage in alternative dispute resolution; and^F86]

[^F87 (p)^F87] take any other step or make any other order for the purpose of managing the case and furthering the overriding objective [^F88, including hearing an Early Neutral Evaluation with the aim of helping the parties settle the case^F88] .

(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.

[^F89 (3A) Where the court has made a direction in accordance with paragraph [^F90 (2)(c)^F90] the proceedings shall be heard by a Divisional Court of the High Court and not by a single judge.^F89]

(4) Where the court gives directions it [^F91will^F91] take into account whether or not a party has complied with [^F92the Practice Direction (Pre-Action Conduct) and^F92] 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.

[^F93 (6A) Where a party pays money into court following an order under paragraph (3) or (5), the money shall be security for any sum payable by that party to any other party in the proceedings ^F94....

^F95...^F93]

(7) A power of the court under these Rules to make an order includes a power to vary or revoke the order.

[^F96 (8) The court may contact the parties from time to time in order to monitor compliance with directions. The parties must respond promptly to any such enquiries from the court.^F96]

[^F97Case management – unrepresented parties

3.1A.—(1) This rule applies in any proceedings where at least one party is unrepresented.

(2) When the court is exercising any powers of case management, it must have regard to the fact that at least one party is unrepresented.

(3) Both the parties and the court must, when drafting case management directions in the multi-track [^F98 , intermediate track^F98] and fast track, take as their starting point any relevant standard directions which can be found online at www.justice.gov.uk/courts/procedure-rules/civil and adapt them as appropriate to the circumstances of the case.

(4) The court must adopt such procedure at any hearing as it considers appropriate to further the overriding objective.

(5) At any hearing where the court is taking evidence this may include—

(a)ascertaining from an unrepresented party the matters about which the witness may be able to give evidence or on which the witness ought to be cross-examined; and

(b)putting, or causing to be put, to the witness such questions as may appear to the court to be proper.^F97]

Court officer’s power to refer to a judge_I17

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_I18

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.

[^F99 (7) An application under paragraph (5)(a) shall be considered at an oral hearing unless the court decides and states in an order that the application is totally without merit.

(8) If the court decides under paragraph (7) that the application is totally without merit, an application under paragraph (5)(a) may be made for reconsideration without an oral hearing.^F99]

[[^F100,F101 (9)^F101] If the court of its own initiative strikes out a statement of case or dismisses an application [^F102 (including an application for permission to appeal or for permission to apply for judicial review)^F102] , and it considers that the claim or application is totally without merit—

(a)the court’s order must record that fact; and

(b)the court must at the same time consider whether it is appropriate to make a civil restraint order.^F100]

Power to strike out a statement of case_I19

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)^F103that the statement of case is an abuse of the court’s process or is otherwise likely to obstruct the just disposal of the proceedings; ...

(c)that there has been a failure to comply with a rule, practice direction or court order [^F104; or^F104]

[^F105 (d)that, in the case of a claimant’s statement of case—

(i)the claim is strategic litigation against public participation, being a SLAPP claim within the meaning of section 195 of the Economic Crime and Corporate Transparency Act 2023; and

(ii)the claimant has failed to show that it is more likely than not the claim would succeed at trial.

(Rules 20.2 and 20.3 provide that counterclaims and other additional claims are treated as claims and that references to a claimant include a party bringing an additional claim.)^F105]

(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, [^F106the claimant^F106] 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.

[^F107 (6) If the court strikes out a claimant’s statement of case and it considers that the claim is totally without merit—

(a)the court’s order must record that fact; and

(b)the court must at the same time consider whether it is appropriate to make a civil restraint order.^F107]

[^F108 (7) If a defendant applies to strike out all or part of the claim form or particulars of claim, that defendant need not file a defence before the hearing.^F108]

Judgment without trial after striking out_I20

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.

[^F109 (3) Where judgment is obtained under this rule in a case to which paragraph (2)(b)(iii) applies, it will be judgment requiring the defendant to deliver the goods, or (if [^F110 the defendant^F110] does not do so) pay the value of the goods as decided by the court (less any payments made).^F109]

[^F111 (4)^F111] The request must state that the right to enter judgment has arisen because the court’s order has not been complied with.

[^F112 (5)^F112] A party must make an application in accordance with Part 23 if [^F113they wish^F113] to obtain judgment under this rule in a case to which paragraph (2) does not apply.

[^F114Judgment without trial after striking out a claim in the [^F115Civil National Business Centre^F115]

3.5A.—(1) If a claimant files a request for judgment in the [^F116 Civil National Business Centre^F116] in accordance with rule 3.5, in a claim which includes an amount of money to be decided by the court, the claim will be sent to the preferred hearing centre.

(2) If a claim is sent to a preferred hearing centre pursuant to paragraph (1), any further correspondence should be sent to, and any further requests should be made at, the hearing centre to which the claim was sent.^F114]

Setting aside judgment entered after striking out_I21

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.

[^F117 3.6A. If—

(a) a party against whom judgment has been entered under rule 3.5 applies to set the judgment aside;

(b) the claim is for a specified sum;

(c) the claim was started in the [^F118 Civil National Business Centre^F118] ; and

(d) the claim has not been sent to a County Court hearing centre,

the claim will be sent to—

(i) if the defendant is an individual, the defendant’s home court; and

(ii) if the defendant is not an individual, the preferred hearing centre.^F117]

Sanctions for non—payment of certain fees [^F119by the claimant^F119] _I22

3.7[^F120—(1)[^F121 Except where rule 3.7A1 applies, this rule applies to fees payable by the claimant where—^F121]

^F122(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F122(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F122(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)the court has made an order giving permission to proceed with a claim for judicial review [^F123 ; or^F123]

[^F124 (e)the fee payable for a hearing specified by the [^F125 Civil Proceedings Fees Order 2008 (Fees Order 2008)^F125] is not paid.^F124]

• ^F126 ...

• (Rule 54.12 provides for the service of the order giving permission to proceed with a claim for judicial review)

(2) The court will serve a notice on the claimant requiring payment of the fee specified in the [^F127 Fees Order 2008^F127] if, at the time the fee is due, the claimant has not paid it or made an application for [^F128 full or part^F128] remission.^F120]

(3) The notice will specify the date by which the claimant must pay the fee.

(4) If the claimant does not—

(a)pay the fee; or

(b)make an application for [^F129full or part^F129] remission of the fee,

by the date specified in the notice—

(i)[^F130 the claim will automatically be struck out without further order of the court^F130] ; and

(ii)the claimant[^F131 will^F131] be liable for the costs which the defendant has incurred unless the court orders otherwise.

(Rule [^F13244.9^F132] provides for the basis of assessment where a right to costs arises under this rule [^F133and contains provisions about when a costs order is deemed to have been made and applying for an order under section 194(3) of the Legal Services Act 2007^F133] )

[^F134 (5) Where an application for—

(a)full or part remission of a fee is refused, the court will serve notice on the claimant requiring payment of the full fee by the date specified in the notice; or

(b)part remission of a fee is granted, the court will serve notice on the claimant requiring payment of the balance of the fee by the date specified in the notice.^F134]

(6) If the claimant does not pay the fee by the date specified in the notice—

(a)[^F135 the claim will automatically be struck out without further order of the court^F135] ; and

(b)the claimant[^F136 will^F136] be liable for the costs which the defendant has incurred unless the court orders otherwise.

[^F137 (7) If—

(a)a claimant applies to have the claim reinstated; and

(b)the court grants relief,

the relief [^F138 will^F138] be conditional on the claimant either paying the fee or filing evidence of [^F139 full or part^F139] remission of the fee within the period specified in paragraph (8).

(8) The period referred to in paragraph (7) is—

(a)if the order granting relief is made at a hearing at which a claimant is present or represented, 2 days from the date of the order;

(b)in any other case, 7 days from the date of service of the order on the claimant.^F137]

[^F140Sanctions for non-payment of the trial fee by the claimant

3.7A1.—(1) In this rule and in rule 3.7AA—

(a) “Fees Order 2008” means the Civil Proceedings Fees Order 2008 ;

(b) “fee notice” means a notice of—

(i)the amount of a trial fee;

(ii)the trial fee payment date; and

(iii)the consequences of non-payment of the trial fee;

(c) “trial date” means the date of the trial in relation to which the trial fee is payable, and if the trial in relation to which the trial fee is payable is scheduled to commence during the course of a specified period, “trial date” means the date of the Monday of the first week of that specified period;

(d) “trial fee” means fee 2.1 set out in the Table in Schedule 1 to the Fees Order 2008 and payable for the trial of a case on the multi-track, [^F141 intermediate track ^F141] fast track or small claims track;

(e) “trial fee payment date” means the date by which the trial fee must be paid, calculated in accordance with the Fees Order 2008 ;

(f) “revised trial fee payment date” means, if an application for fee remission is denied in whole or part, the revised date by which the fee or part of it is to be paid, calculated in accordance with the Fees Order 2008 .

(2) This rule applies in relation to trial fees where that fee is to be paid by the claimant and the court notifies the parties in writing of the trial date.

(3) When the court notifies the parties in writing of the trial date, the court must also send a fee notice to the claimant.

(4) The fee notice may be contained in the same document as the notice of trial date, or may be a separate document.

(5) Where an application for full or part remission of a trial fee is refused, when the court sends written notice to the claimant of the refusal, the court must also notify the claimant in writing—

(a)that the claimant is required to pay the full trial fee by the revised trial fee payment date; and

(b)of the consequences of non-payment of the trial fee.

(6) Where part remission of a fee is granted, when the court sends written notice to the claimant of the part remission, the court must also notify the claimant in writing—

(a)that the claimant is required to pay the balance of the trial fee by the revised trial fee payment date; and

(b)of the consequences of non-payment of the balance of the trial fee.

(7) If—

(a)the claimant has had notice in accordance with this rule to pay the trial fee;

(b)the claimant has not applied to have the trial fee remitted in whole or part; and

(c)the trial fee has not been paid on or before the trial fee payment date,

the claim will automatically be struck out without further order of the court, and unless the court orders otherwise, the claimant will be liable for the [^F142 defendant’s costs in accordance with rule 44.9(1)^F142] .

(8) If—

(a)the claimant has had notice in accordance with this rule to pay the trial fee;

(b)the claimant has applied to have the trial fee remitted in whole or part;

(c)remission is refused or only part remission of the trial fee is granted;

(d)following the decision on remission, the claimant has had notice in accordance with this rule to pay the full trial fee or balance of it; and

(e)the full trial fee or balance of it (as appropriate) has not been paid on or before the revised trial fee payment date,

the claim will automatically be struck out without further order of the court, and, unless the court orders otherwise, the claimant will be liable for the [^F143 defendant’s costs in accordance with rule 44.9(1)^F143] .

(Rule 44.9 provides for the basis of assessment where a right to costs arises under this rule and contains provisions about when a costs order is deemed to have been made and applying for an order under section 194(3) of the Legal Services Act 2007.)

(9) If—

(a)a claimant applies to have the claim reinstated; and

(b)the court grants relief,

the relief must be conditional on the claimant either paying the trial fee or filing evidence of full or part remission of that fee within the period specified in paragraph (10).

(10) The period referred to in paragraph (9) is—

(a)if the order granting relief is made at a hearing at which the claimant is present or represented, 2 days from the date of the order;

(b)in any other case, 7 days from the date of service of the order on the claimant.

(11) If a fee is not paid for a claim where there is also a counterclaim, the counterclaim will still stand.^F140]

[^F144Sanctions for non-payment of certain fees by the defendant^F144]

[^F145 3.7A—(1)[^F147 Except where rule 3.7AA applies, this rule applies to fees payable by the defendant where—^F147]

(a)a defendant files a counterclaim without—

(i)payment of the fee specified by the [^F148 Civil Proceedings Fees Order 2008 (Fees Order 2008)^F148] ; or

(ii)making an application for full or part remission of the fee; or

(b)the proceedings continue on the counterclaim alone and—

^F149(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F149(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F149(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iv)the fee payable for a hearing specified by the [^F150 Fees Order 2008^F150] is not paid.^F146]

(2) The court will serve a notice on the defendant requiring payment of the fee specified in the [^F151 Fees Order 2008^F151] if, at the time the fee is due, the defendant has not paid it or made an application for [^F152 full or part^F152] remission.

(3) The notice will specify the date by which the defendant must pay the fee.

(4) If the defendant does not—

(a)pay the fee; or

(b)make an application for [^F153 full or part^F153] remission of the fee,

by the date specified in the notice, the counterclaim will automatically be struck out without further order of the court.

[^F154 (5) Where an application for—

(a)full or part remission of a fee is refused, the court will serve notice on the defendant requiring payment of the full fee by the date specified in the notice; or

(b)part remission of a fee is granted, the court will serve notice on the defendant requiring payment of the balance of the fee by the date specified in the notice.^F154]

(6) If the defendant does not pay the fee by the date specified in the notice, the counterclaim will automatically be struck out without further order of the court.

(7) If—

(a)the defendant applies to have the counterclaim reinstated; and

(b)the court grants relief,

the relief will be conditional on the defendant either paying the fee or filing evidence of [^F155 full or part^F155] remission of the fee within the period specified in paragraph (8).

(8) The period referred to in paragraph (7) is—

(a)if the order granting relief is made at a hearing at which the defendant is present or represented, 2 days from the date of the order;

(b)in any other case, 7 days from the date of service of the order on the defendant.^F145]

[^F156Sanctions for non-payment of the trial fee by the defendant, where proceedings continue on the counterclaim alone

3.7AA.—(1) This rule applies in relation to trial fees where that fee is to be paid by the defendant and the court notifies the defendant in writing of the trial date.

(Definitions contained in rule 3.7A1(1) apply to this rule also.)

(2) When the court notifies the parties in writing of the trial date, the court must also send a fee notice to the defendant.

(3) The fee notice may be contained in the same document as the notice of trial date, or may be a separate document.

(4) Where an application for full or part remission of a trial fee is refused, when the court sends written notice to the defendant of the refusal, the court must also notify the defendant in writing—

(a)that the defendant is required to pay the full trial fee by the revised trial fee payment date; and

(b)of the consequences of non-payment of the trial fee.

(5) Where part remission of a fee is granted, when the court sends written notice to the defendant of the part remission, the court must also notify the defendant in writing—

(a)that the defendant is required to pay the balance of the trial fee by the revised trial fee payment date; and

(b)of the consequences of non-payment of the balance.

(6) If—

(a)the defendant has had notice in accordance with this rule to pay the trial fee;

(b)the defendant has not applied to have the trial fee remitted in whole or part; and

(c)the trial fee has not been paid on or before the trial fee payment date,

the counterclaim will automatically be struck out without further order of the court.

(7) If—

(a)the defendant has had notice in accordance with this rule to pay the trial fee;

(b)the defendant has applied to have the trial fee remitted in whole or part;

(c)remission is refused or only part remission of the trial fee is granted;

(d)following the decision on remission, the defendant has had notice in accordance with this rule to pay the full trial fee or balance of it; and

(e)the full trial fee or balance of it (as appropriate) has not been paid on or before the revised trial fee payment date,

the counterclaim will automatically be struck out without further order of the court.

(8) If—

(a)a defendant applies to have the counterclaim reinstated; and

(b)the court grants relief,

the relief will be conditional on the defendant either paying the trial fee or filing evidence of full or part remission of the fee within the period specified in paragraph (9).

(9) The period referred to in paragraph (8) is—

(a)if the order granting relief is made at a hearing at which the defendant is present or represented, 2 days from the date of the order;

(b)in any other case, 7 days from the date of service of the order on the defendant.^F156]

[^F157Sanctions for dishonouring cheque

3.7B—(1) This rule applies where any fee is paid by cheque and that cheque is subsequently dishonoured.

(2) The court will serve a notice on the paying party requiring payment of the fee which will specify the date by which the fee must be paid.

(3) If the fee is not paid by the date specified in the notice—

(a)where the fee is payable by the claimant, the claim will automatically be struck out without further order of the court;

(b)where the fee is payable by the defendant, the defence will automatically be struck out without further order of the court,

and the paying party shall be liable for the costs which any other party has incurred unless the court orders otherwise.

(Rule [^F158 44.9^F158] provides for the basis of assessment where a right to costs arises under this rule)

(4) If—

(a)the paying party applies to have the claim or defence reinstated; and

(b)the court grants relief,

the relief shall be conditional on that party paying the fee within the period specified in paragraph (5).

(5) The period referred to in paragraph (4) is—

(a)if the order granting relief is made at a hearing at which the paying party is present or represented, 2 days from the date of the order;

(b)in any other case, 7 days from the date of service of the order on the paying party.

(6) For the purposes of this rule, “claimant” includes a [^F159 claimant in a counterclaim or other additional claim ^F159] and “claim form” includes a [^F160 counterclaim or other additional claim ^F160] . ^F157]

Sanctions have effect unless defaulting party obtains relief_I23

3.8—(1) Where a party has failed to comply with a rule, practice direction or court order, any sanction for failure to comply imposed by the rule, practice direction or court order has effect unless the party in default applies for and obtains relief from the sanction.

(Rule 3.9 sets out the circumstances which the court[^F161 will^F161] consider on an application to grant relief from a sanction)

(2) Where the sanction is the payment of costs, the party in default may only obtain relief by appealing against the order for costs.

(3) Where a rule, practice direction or court order—

(a)requires a party to do something within a specified time, and

(b)specifies the consequence of failure to comply,

the time for doing the act in question may not be extended by agreement between the parties [^F162except as provided in paragraph (4)^F162] .

[^F163 (4) In the circumstances referred to in paragraph (3) and unless the court orders otherwise, the time for doing the act in question may be extended by prior written agreement of the parties for up to a maximum of 28 days, provided always that any such extension does not put at risk any hearing date^F163]

Relief from sanctions_I24

3.9[^F164—(1) On an application for relief from any sanction imposed for a failure to comply with any rule, practice direction or court order, the court will consider all the circumstances of the case, so as to enable it to deal justly with the application, including the need—

(a)for litigation to be conducted efficiently and at proportionate cost; and

(b)to enforce compliance with rules, practice directions and orders.^F164]

(2) An application for relief must be supported by evidence.

General power of the court to rectify matters where there has been an error of procedure_I25

3.10 Where there has been an error of procedure such as a failure to comply with a rule or practice direction—

(a)the error does not invalidate any step taken in the proceedings unless the court so orders; and

(b)the court may make an order to remedy the error.

[^F165Orders restraining civil proceedings^F165]

3.11. [^F166 —(1) A “civil proceedings order” and an “all proceedings order” under section 42(1A) of the Senior Courts Act 1981 shall include provision for applying to begin, continue or make any application in any civil proceedings. ^F166]

[^F167 (2)^F167] A practice direction may set out—

(a)the circumstances in which the court has the power to make a civil restraint order against a party to proceedings;

(b)the procedure where a party applies for a civil restraint order against another party; and

(c)the consequences of the court making a civil restraint order.

[^F168SECTION II Costs Management

Application of this Section and the purpose of costs management _cross-notes

3.12.—(1) This Section and Practice Direction [^F170 3D^F170] apply to all Part 7 multi-track cases, except—

(a)where the claim is commenced on or after 22nd April 2014 and the amount of money claimed as stated on the claim form is £10 million or more; or

(b)where the claim is commenced on or after 22nd April 2014 and is for a monetary claim which is not quantified or not fully quantified or is for a non-monetary claim and in any such case the claim form contains a statement that the claim is valued at £10 million or more; or

[^F171 (c)where in proceedings commenced on or after 6th April 2016 a claim is made by or on behalf of a person under the age of 18 (a child) (and on a child reaching majority this exception will continue to apply unless the court otherwise orders); or

(d)where the proceeding are the subject of fixed costs or scale costs; or

(e)the court otherwise orders.^F171]

(1A) This Section and Practice Direction [^F172 3D^F172] will apply to any other proceedings (including applications) where the court so orders.^F169]

(2) The purpose of costs management is that the court should manage both the steps to be taken and the costs to be incurred by the parties to any proceedings [^F173 (or variation costs as provided in rule 3.15A)^F173] so as to further the overriding objective.

Filing and exchanging budgets [^F174and budget discussion reports^F174] _cross-notes

[^F175 3.13.—(1) Unless the court otherwise orders, all parties except litigants in person must file and exchange budgets—

(a)where the stated value of the claim on the claim form is less than £50,000, with their directions questionnaires; or

(b)in any other case, not later than 21 days before the first case management conference.

(2) In the event that a party files and exchanges a budget under paragraph (1), all other parties, not being litigants in person, must file an agreed budget discussion report no later than 7 days before the first case management conference.

[^F176 (3) The court—

(a)may, on its own initiative or on application, order the parties to file and exchange costs budgets in a case where the parties are not otherwise required by this Section to do so;

(b)shall (other than in an exceptional case) make an order to file and exchange costs budgets if all parties consent to an application for such an order.

(4) The court may, in a substantial case, direct that budgets are to be limited in the first instance to part only of the proceedings and extended later to cover the whole proceedings.

(5) Every budget must be dated and verified by a statement of truth signed by a senior legal representative of the party.

(6) Even though a litigant in person is not required to prepare a budget, each other party (other than a litigant in person) must provide the litigant in person with a copy of that party’s budget.^F176,F175]]

Failure to file a budget _cross-notes

3.14. Unless the court otherwise orders, any party which fails to file a budget despite being required to do so will be treated as having filed a budget comprising only the applicable court fees.

Costs management orders _cross-notes

3.15.—(1) In addition to exercising its other powers, the court may manage the costs to be incurred [^F177 (the budgeted costs)^F177] by any party in any proceedings.

(2) The court may at any time make a “costs management order”. [^F178 Where costs budgets have been filed and exchanged the court will make a costs management order unless it is satisfied that the litigation can be conducted justly and at proportionate cost in accordance with the overriding objective without such an order being made. By a costs management order the court will— ^F178]

(a)record the extent to which the [^F179 budgeted costs^F179] are agreed between the parties;

(b)in respect of [^F180 the budgeted costs^F180] which are not agreed, record the court’s approval after making appropriate revisions;

[^F181 (c)record the extent (if any) to which incurred costs are agreed^F181]

(3) If a costs management order has been made, the court will thereafter control the parties’ budgets in respect of recoverable costs.

[^F182 (4) Whether or not the court makes a costs management order, it may record on the face of any case management order any comments it has about the incurred costs which are to be taken into account in any subsequent assessment proceedings.^F182]

[^F183 (5) Save in exceptional circumstances—

(a)the recoverable costs of initially completing Precedent H (the form to be used for a costs budget) shall not exceed the higher of—

(i)£1,000; or

(ii)1% of the total of the incurred costs (as agreed or allowed on assessment) and the budgeted costs (agreed or approved); and

(b)all other recoverable costs of the budgeting and costs management process shall not exceed 2% of the total of the incurred costs (as agreed or allowed on assessment) and the budgeted (agreed or approved) costs.

(Precedent H is annexed to Practice Direction [^F184 3D^F184] .)

(6) The court may set a timetable or give other directions for future reviews of budgets.

(7) After a party’s budgeted costs have been approved or agreed, the party must re-file and re-serve the budget—

(a)in the form approved or agreed with re-cast figures; and

(b)annexed to the order approving the budgeted costs or recording the parties’ agreement.

(8) A costs management order concerns the totals allowed for each phase of the budget, and while the underlying detail in the budget for each phase used by the party to calculate the totals claimed is provided for reference purposes to assist the court in fixing a budget, it is not the role of the court in the costs management hearing to fix or approve the hourly rates claimed in the budget.^F183]

[^F185Revision and variation of costs budgets on account of significant developments (“variation costs”)

3.15A. —(1) A party (“the revising party”) must revise its budgeted costs upwards or downwards if significant developments in the litigation warrant such revisions.

(2) Any budgets revised in accordance with paragraph (1) must be submitted promptly by the revising party to the other parties for agreement, and subsequently to the court, in accordance with paragraphs (3) to (5).

(3) The revising party must—

(a)serve particulars of the variation proposed on every other party, using the form prescribed by Practice Direction [^F186 3D^F186] ;

(b)confine the particulars to the additional costs occasioned by the significant development; and

(c)certify, in the form prescribed by [^F187 Practice Direction 3D^F187] , that the additional costs are not included in any previous budgeted costs or variation.

(4) The revising party must submit the particulars of variation promptly to the court, together with the last approved or agreed budget, and with an explanation of the points of difference if they have not been agreed.

(5) The court may approve, vary or disallow the proposed variations, having regard to any significant developments which have occurred since the date when the previous budget was approved or agreed, or may list a further costs management hearing.

(6) Where the court makes an order for variation, it may vary the budget for costs related to that variation which have been incurred prior to the order for variation but after the costs management order.^F185]

Costs management conferences _cross-notes

3.16. —(1) Any hearing which is convened solely for the purpose of costs management (for example, to approve a revised budget) is referred to as a “costs management conference”.

(2) Where practicable, costs management conferences should be conducted by telephone or in writing.

Court to have regard to budgets and to take account of costs _cross-notes

3.17.—(1) When making any case management decision, the court will have regard to any available budgets of the parties and will take into account the costs involved in each procedural step.

(2) Paragraph (1) applies whether or not the court has made a costs management order.

[^F188 (3) Subject to rule 3.15A, the court—

(a)may not approve costs incurred [^F189 up to and including^F189] the date of any costs management hearing; but

(b)may record its comments on those costs and take those costs into account when considering the reasonableness and proportionality of all budgeted costs.

(4) If an interim application is made but is not included in a budget, the court may, if it considers it reasonable not to have included the application in the budget, treat the costs of such interim application as additional to the approved budgets.^F188]

Assessing costs on the standard basis where a costs management order has been made _cross-notes

3.18. In any case where a costs management order has been made, when assessing costs on the standard basis, the court will—

(a)have regard to the receiving party’s last approved or agreed [^F190 budgeted costs^F190] for each phase of the proceedings; ^F191...

(b)not depart from such approved or agreed [^F192 budgeted costs^F192] unless satisfied that there is good reason to do so [^F193 ; and

(c)take into account any comments made pursuant to rule 3.15(4) or [^F194 3.17(3)^F194] and recorded on the face of the order^F193]

(Attention is drawn to [^F195 rules 44.3(2)(a) and 44.3(5)^F195] , which concern proportionality of costs.)

SECTION III Costs Capping

Costs capping orders – General

3.19.—(1) For the purposes of this Section—

(a) ‘costs capping order’ means an order limiting the amount of future costs (including disbursements) which a party may recover pursuant to an order for costs subsequently made; and

(b) ‘future costs’ means costs incurred in respect of work done after the date of the costs capping order but excluding the amount of any additional liability.

(2) This Section does not apply to judicial review costs capping orders under Part 4 of the Criminal Justice and Courts Act 2015 or to protective costs orders.

(Rules 46.16 to 46.19 make provision for judicial review costs capping orders under Part 4 of the Criminal Justice and Courts Act 2015.)^F196]

^F197(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) A costs capping order may be in respect of –

(a)the whole litigation; or

(b)any issues which are ordered to be tried separately.

(5) The court may at any stage of proceedings make a costs capping order against all or any of the parties, if—

(a)it is in the interests of justice to do so;

(b)there is a substantial risk that without such an order costs will be disproportionately incurred; and

(c)it is not satisfied that the risk in subparagraph (b) can be adequately controlled by–

(i)case management directions or orders made under this Part; and

(ii)detailed assessment of costs.

(6) In considering whether to exercise its discretion under this rule, the court will consider all the circumstances of the case, including—

(a)whether there is a substantial imbalance between the financial position of the parties;

(b)whether the costs of determining the amount of the cap are likely to be proportionate to the overall costs of the litigation;

(c)the stage which the proceedings have reached; and

(d)the costs which have been incurred to date and the future costs.

(7) A costs capping order, once made, will limit the costs recoverable by the party subject to the order unless a party successfully applies to vary the order. No such variation will be made unless—

(a)there has been a material and substantial change of circumstances since the date when the order was made; or

(b)there is some other compelling reason why a variation should be made.

Application for a costs capping order

3.20.—(1) An application for a costs capping order must be made on notice in accordance with Part 23.

(2) The application notice must –

(a)set out –

(i)whether the costs capping order is in respect of the whole of the litigation or a particular issue which is ordered to be tried separately; and

(ii)why a costs capping order should be made; and

(b)be accompanied by a budget setting out –

(i)the costs (and disbursements) incurred by the applicant to date; and

(ii)the costs (and disbursements) which the applicant is likely to incur in the future conduct of the proceedings.

(3) The court may give directions for the determination of the application and such directions may –

(a)direct any party to the proceedings –

(i)to file a schedule of costs in the form set out in paragraph 3 of Practice Direction [^F198 3E^F198] – Costs capping;

(ii)to file written submissions on all or any part of the issues arising;

(b)fix the date and time estimate of the hearing of the application;

(c)indicate whether the judge hearing the application will sit with an assessor at the hearing of the application; and

(d)include any further directions as the court sees fit.

Application to vary a costs capping order

3.21. An application to vary a costs capping order must be made by application notice pursuant to Part 23.^F168]

PART 4 FORMS

[^F199 4. —(1) In this Part, “ forms ” includes model orders, unless indicated otherwise. ^F200]

[^F201 (2)^F201] Forms approved by the Civil Procedure Rule Committee, as published online by [^F202 His Majesty’s^F202] Courts and Tribunals Service and available for downloading or printing, or incorporated as part of any online process specified by these Rules, must be used in the cases to which they apply.

[^F201 (3)^F201] Other forms not approved by the Civil Procedure Rule Committee, published online by [^F203 His Majesty’s^F203] Courts and Tribunals Service and available for downloading, printing or other use, may be used as appropriate.

[^F201 (4)^F201] A form may be varied by the court or a party if the variation is required by the circumstances of a particular case.

[^F201 (5)^F201] A form must not be varied so as to leave out any information or guidance it contains. [^F204 This does not apply to model orders.^F204]

[^F201 (6) ^F201] Where the court or a party produces a form with the words “Royal Arms”, the form must include a replica of the Royal Arms at the head of the first page.

[^F201 (7)^F201] The court must supply, on request, a paper copy of a form (with relevant explanatory material) to a person who cannot obtain access to the forms published online.^F199]

PART 5 COURT DOCUMENTS _cross-notes

Scope of this Part_I26

5.1 This Part contains general provisions about—

(a)documents used in court proceedings; and

(b)the obligations of a court officer in relation to those documents.

Preparation of documents_I27

5.2—(1) Where under these Rules, a document is to be prepared by the court, the document may be prepared by the party whose document it is, unless—

(a)a court officer otherwise directs; or

(b)it is a document to which—

^F207(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F208(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii)CCR Order 28, rule 11(1) (issue of warrant of committal),

applies.

(2) Nothing in this rule shall require a court officer to accept a document which is illegible, has not been duly authorised, or is unsatisfactory for some other similar reason.

Signature of documents by mechanical means_I28

5.3 Where any of these Rules or any practice direction requires a document to be signed, that requirement shall be satisfied if the signature is printed by computer or other mechanical means.

[^F209Register of claims

5.4—(1) A court or court office may keep a publicly accessible register of claims which have been issued out of that court or court office.

(2) Any person who pays the prescribed fee may, during office hours, search any available register of claims.

• ([^F210 Practice Direction 5A^F210] contains details of available registers).^F209]

[^F211Supply of documents to Attorney-General from court records

5.4A.—(1) The Attorney-General may search for, inspect and take a copy of any documents within a court file for the purpose of preparing an application or considering whether to make an application under section 42 of the Supreme Court Act 1981 or section 33 of the Employment Tribunals Act 1996 (restriction of vexatious proceedings).

(2) The Attorney-General must, when exercising the right under paragraph (1)—

(a)pay any prescribed fee; and

(b)file a written request, which must—

(i)confirm that the request is for the purpose of preparing an application or considering whether to make an application mentioned in paragraph (1); and

(ii)name the person who would be the subject of the application.^F211]

[^F212Supply of documents to a party from court records

5.4B.—(1) A party to proceedings may, unless the court orders otherwise, obtain from the records of the court a copy of any document listed in paragraph 4.2A of [^F213 Practice Direction 5A^F213] .

(2) A party to proceedings may, if the court gives permission, obtain from the records of the court a copy of any other document filed by a party or communication between the court and a party or another person.

Supply of documents to a non-party from court records

5.4C.—(1) The general rule is that a person who is not a party to proceedings may obtain from the court records a copy of—

(a)a statement of case, but not any documents filed with or attached to the statement of case, or intended by the party whose statement it is to be served with it;

(b)a judgment or order given or made in public (whether made at a hearing or without a hearing) ^F214... .

[^F215 (1A) Where a non-party seeks to obtain a copy of a statement of case filed before 2nd October 2006—

(a)this rule does not apply; and

(b)the rules of court relating to access by a non-party to statements of case in force immediately before 2nd October 2006 apply as if they had not been revoked.

(The rules relating to access by a non-party to statements of case in force immediately before 2nd October 2006 were contained in the former rule 5.4(5) to 5.4(9). [^F216 Practice Direction 5A^F216] sets out the relevant provisions as they applied to statements of case.).^F215]

^F217(1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) A non-party may, if the court gives permission, obtain from the records of the court a copy of any other document filed by a party, or communication between the court and a party or another person.

(3) A non-party may obtain a copy of a statement of case or judgment or order under paragraph (1) only if—

(a)where there is one defendant, the defendant has filed an acknowledgment of service or a defence;

(b)where there is more than one defendant, either—

(i)all the defendants have filed an acknowledgment of service or a defence;

(ii)at least one defendant has filed an acknowledgment of service or a defence, and the court gives permission;

(c)the claim has been listed for a hearing; or

(d)judgment has been entered in the claim.

(4) The court may, on the application of a party or of any person identified in a statement of case—

(a)order that a non-party may not obtain a copy of [^F218 a statement of case^F218] under paragraph (1);

(b)restrict the persons or classes of persons who may obtain a copy of [^F218 a statement of case^F218] ;

(c)order that persons or classes of persons may only obtain a copy of [^F218 a statement of case^F218] if it is edited in accordance with the directions of the court; or

(d)make such other order as it thinks fit.

(5) A person wishing to apply for an order under paragraph (4) must file an application notice in accordance with Part 23.

(6) Where the court makes an order under paragraph (4), a non-party who wishes to obtain a copy of the statement of case, or to obtain an unedited copy of the statement of case, may apply on notice to the party or person identified in the statement of case who requested the order, for permission.

Supply of documents from court records - general

5.4D.—(1) A person wishing to obtain a copy of a document under rule 5.4B or rule 5.4C must pay any prescribed fee and—

(a)if the court’s permission is required, file an application notice in accordance with Part 23; or

(b)if permission is not required, file a written request for the document.

(2) An application for an order under rule 5.4C(4) or for permission to obtain a copy of a document under rule 5.4B or rule 5.4C (except an application for permission under rule 5.4C(6)) may be made without notice, but the court may direct notice to be given to any person who would be affected by its decision.

(3) Rules 5.4, 5.4B and 5.4C do not apply in relation to any proceedings in respect of which a rule or practice direction makes different provision.

[^F219 (Rules 5.4, 5.4B and 5.4C are disapplied by rules 76.34, 79.30, 80.30, 82.18 and 88.33; and rule 5.4C is disapplied, and rule 5.4B applied subject to court order, by paragraph 23 of Practice Direction [^F220 49E^F220] .)^F219,F212]]

[^F221Filing and sending documents

5.5—(1) A practice direction may make provision for documents to be filed or sent to the court by—

(a)facsimile; or

(b)other electronic means.

(2) Any such practice direction may—

(a)provide that only particular categories of documents may be filed or sent to the court by such means;

(b)provide that particular provisions only apply in specific courts; and

(c)specify the requirements that must be fulfilled for any document filed or sent to the court by such means.^F221]

[^F222Documents in the Welsh language

5.6.—(1) Any document placed before the court in civil proceedings in or having a connection with Wales may be in the English or Welsh language.

(2) It is the responsibility of any party if acting in person or of that party’s legal representative to inform the court as soon as practicable if documents in the Welsh language will or may be placed before the court, so that appropriate arrangements can be made.^F222]

[^F223PART 6 SERVICE OF DOCUMENTS _cross-notes

I SCOPE OF THIS PART AND INTERPRETATION

Part 6 rules about service apply generally

6.1. This Part applies to the service of documents, except where—

(a)another Part, any other enactment or a practice direction makes different provision; or

(b)the court orders otherwise.

(Other Parts, for example, Part 54 (Judicial Review) and Part 55 (Possession Claims) contain specific provisions about service.)

Interpretation

6.2. In this Part—

(a) “bank holiday” means a bank holiday under the Banking and Financial Dealings Act 1971 in the part of the United Kingdom where service is to take place;

(b) “business day” means any day except Saturday, Sunday, a bank holiday, Good Friday or Christmas Day;

(c) “claim” includes petition and any application made before action or to commence proceedings and “claim form”, “claimant” and “defendant” are to be construed accordingly; ^F232 ...

[^F233 (d) “solicitor” includes any other person who, for the purposes of the Legal Services Act 2007 , is an authorised person in relation to an activity which constitutes the conduct of litigation (within the meaning of that Act) [^F234 ; and ^F234,F233]]

^F235(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

II SERVICE OF THE CLAIM FORM IN THE JURISDICTION ^F236...

Methods of service

6.3.—(1) A claim form may ^F237... be served by any of the following methods—

(a)personal service in accordance with rule 6.5;

(b)first class post, document exchange or other service which provides for delivery on the next business day, in accordance with [^F238 Practice Direction 6A^F238] ;

(c)leaving it at a place specified in rule 6.7, 6.8, 6.9 or 6.10;

(d)fax or other means of electronic communication in accordance with [^F239 Practice Direction 6A^F239] ; or

(e)any method authorised by the court under rule 6.15.

(2) A company may be served—

(a)by any method permitted under this Part; or

(b)by any of the methods of service [^F240 permitted under^F240] the Companies Act 2006.

(3) A limited liability partnership may be served—

(a)by any method permitted under this Part; or

(b)by any of the methods of service [^F241 permitted under the Companies Act 2006 as applied with modification by regulations made under the Limited Liability Partnerships Act 2000.^F241]

Who is to serve the claim form

6.4.—(1)[^F242 The^F242] court will serve the claim form except where—

(a)a rule or practice direction provides that the claimant must serve it;

(b)the claimant notifies the court that the claimant wishes to serve it; or

(c)the court orders or directs otherwise.

(2) Where the court is to serve the claim form, it is for the court to decide which method of service is to be used.

(3) Where the court is to serve the claim form, the claimant must, in addition to filing a copy for the court, provide a copy for each defendant to be served.

(4) Where the court has sent—

(a)a notification of outcome of postal service to the claimant in accordance with rule 6.18; or

(b)a notification of non-service by a bailiff in accordance with rule 6.19,

the court will not try to serve the claim form again.

Personal service

6.5.—(1) Where required by another Part, any other enactment, a practice direction or a court order, a claim form must be served personally.

(2) In other cases, a claim form may be served personally except—

(a)where rule 6.7 applies; or

(b)in any proceedings against the Crown.

(Part 54 contains provisions about judicial review claims and Part 66 contains provisions about Crown proceedings.)

(3) A claim form is served personally on—

(a)an individual by leaving it with that individual;

(b)a company or other corporation by leaving it with a person holding a senior position within the company or corporation; or

(c)a partnership (where partners are being sued in the name of their firm) by leaving it with—

(i)a partner; or

(ii)a person who, at the time of service, has the control or management of the partnership business at its principal place of business.

( [^F243 Practice Direction 6A ^F243] sets out the meaning of “senior position”.)

Where to serve the claim form – general provisions

6.6.—(1) The claim form must be served within the jurisdiction except where rule [^F244 6.7(2) ^F245... or^F244] 6.11 applies or as provided by Section IV of this Part.

(2) The claimant must include in the claim form an address at which the defendant may be served. That address must include a full postcode ^F246..., unless the court orders otherwise.

^F247...

(3) Paragraph (2) does not apply where an order made by the court under rule 6.15 (service by an alternative method or at an alternative place) specifies the place or method of service of the claim form.

[^F248Service on a solicitor ^F249... within the United Kingdom ^F250...

6.7.—(1) Solicitor within the jurisdiction: Subject to rule 6.5(1), where—

(a)the defendant has given in writing the business address within the jurisdiction of a solicitor as an address at which the defendant may be served with the claim form; or

(b)a solicitor acting for the defendant has notified the claimant in writing that the solicitor is instructed by the defendant to accept service of the claim form on behalf of the defendant at a business address within the jurisdiction,

the claim form must be served at the business address of that solicitor.

(“Solicitor” has the extended meaning set out in rule 6.2(d).)

(2) Solicitor in Scotland or Northern Ireland ^F251...: Subject to rule 6.5(1) and the provisions of Section IV of this Part, and except where any other rule or practice direction makes different provision, where—

(a)the defendant has given in writing the business address in Scotland or Northern Ireland of a solicitor as an address at which the defendant may be served with the claim form;

[^F252 (aa)a solicitor acting for the defendant has notified the claimant in writing that the solicitor is instructed by the defendant to accept service of the claim form on behalf of the defendant at a business address within Scotland or Northern Ireland;^F252]

^F253(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F254(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the claim form must be served at the business address of that solicitor.

^F255(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F255...

(For Production Centre Claims see paragraph [^F256 2.3(7A)^F256] of Practice Direction [^F257 7B^F257] ; for Money Claims Online see paragraph 4(6) of Practice Direction [^F258 7C^F258] ; and for Possession Claims Online see paragraph 5.1(4) of Practice Direction 55B.)^F248]

Service of the claim form where [^F259before service^F259] the defendant gives an address at which the defendant may be served

6.8. Subject to rules 6.5(1) and 6.7 ^F260...[^F261 , and except where any other rule or practice direction makes different provision^F261] —

(a)the defendant may be served with the claim form at an address [^F262 at which the defendant resides or carries on business within the UK^F263 ...and^F262] which the defendant has given for the purpose of being served with the proceedings; or

(b)in any claim by a tenant [^F264 or contract-holder^F264] against a landlord, the claim form may be served at an address given by the landlord under section 48 of the Landlord and Tenant Act 1987 [^F265 or section 39 of the Renting Homes (Wales) Act 2016^F265] .

[^F266 (For Production Centre Claims see paragraph [^F267 2.3(7A)^F267] of Practice Direction [^F268 7B^F268] ; for Money Claims Online see paragraph 4(6) of Practice Direction [^F269 7C^F269] ; and for Possession Claims Online see paragraph 5.1(4) of Practice Direction 55B.)

(For service out of the jurisdiction see rules 6.40 to 6.47.)^F266]

Service of the claim form where the defendant does not give an address at which the defendant may be served

6.9.—(1) This rule applies where—

(a)rule 6.5(1) (personal service);

(b)rule 6.7 (service of claim form on solicitor ^F270...); and

(c)rule 6.8 (defendant gives address at which the defendant may be served),

do not apply and the claimant does not wish to effect personal service under rule 6.5(2).

(2) Subject to paragraphs (3) to (6), the claim form must be served on the defendant at the place shown in the following table.

(3) Where a claimant has reason to believe that the address of the defendant referred to in entries 1, 2 or 3 in the table in paragraph (2) is an address at which the defendant no longer resides or carries on business, the claimant must take reasonable steps to ascertain the address of the defendant’s current residence or place of business (“current address”).

(4) Where, having taken the reasonable steps required by paragraph (3), the claimant—

(a)ascertains the defendant’s current address, the claim form must be served at that address; or

(b)is unable to ascertain the defendant’s current address, the claimant must consider whether there is—

(i)an alternative place where; or

(ii)an alternative method by which,

service may be effected.

(5) If, under paragraph (4)(b), there is such a place where or a method by which service may be effected, the claimant must make an application under rule 6.15.

(6) Where paragraph (3) applies, the claimant may serve on the defendant’s usual or last known address in accordance with the table in paragraph (2) where the claimant—

(a)cannot ascertain the defendant’s current residence or place of business; and

(b)cannot ascertain an alternative place or an alternative method under paragraph (4)(b).

[^F271 (For service out of the jurisdiction see rules 6.40 to 6.47.)^F271]

Service of the claim form in proceedings against the Crown

6.10. In proceedings against the Crown—

(a)service on the Attorney General must be effected on the Treasury Solicitor; and

(b)service on a government department must be effected on the solicitor acting for that department.

([^F272 Practice Direction 66^F272] gives the list published under section 17 of the Crown Proceedings Act 1947 of the solicitors acting in civil proceedings (as defined in that Act) for the different government departments on whom service is to be effected, and of their addresses.)

Service of the claim form by contractually agreed method

6.11.—(1) Where—

(a)a contract contains a term providing that, in the event of a claim being started in relation to the contract, the claim form may be served by a method or at a place specified in the contract; and

(b)a claim solely in respect of that contract is started,

the claim form may, subject to paragraph (2), be served on the defendant by the method or at the place specified in the contract.

(2) Where in accordance with the contract the claim form is to be served out of the jurisdiction, it may be served—

(a)if permission to serve it out of the jurisdiction has been granted under rule 6.36; or

(b)without permission under rule 6.32 or 6.33.

Service of the claim form relating to a contract on an agent of a principal who is out of the jurisdiction

6.12.—(1) The court may, on application, permit a claim form relating to a contract to be served on the defendant’s agent where —

(a)the defendant is out of the jurisdiction;

(b)the contract to which the claim relates was entered into within the jurisdiction with or through the defendant’s agent; and

(c)at the time of the application either the agent’s authority has not been terminated or the agent is still in business relations with the defendant.

(2) An application under this rule—

(a)must be supported by evidence setting out—

(i)details of the contract and that it was entered into within the jurisdiction or through an agent who is within the jurisdiction;

(ii)that the principal for whom the agent is acting was, at the time the contract was entered into and is at the time of the application, out of the jurisdiction; and

(iii)why service out of the jurisdiction cannot be effected; and

(b)may be made without notice.

(3) An order under this rule must state the period within which the defendant must respond to the particulars of claim.

(4) Where the court makes an order under this rule—

(a)a copy of the application notice and the order must be served with the claim form on the agent; and

(b)unless the court orders otherwise, the claimant must send to the defendant a copy of the application notice, the order and the claim form.

(5) This rule does not exclude the court’s power under rule 6.15 (service by an alternative method or at an alternative place).

Service of the claim form on children and protected parties

6.13.—(1) Where the defendant is a child who is not also a protected party, the claim form must be served on—

(a)one of the child’s parents or guardians; or

(b)if there is no parent or guardian, an adult with whom the child resides or in whose care the child is.

(2) Where the defendant is a protected party, the claim form must be served on—

(a)one of the following persons with authority in relation to the protected party as—

(i)the attorney under a registered enduring power of attorney;

(ii)the donee of a lasting power of attorney; or

(iii)the deputy appointed by the Court of Protection; or

(b)if there is no such person, an adult with whom the protected party resides or in whose care the protected party is.

(3) Any reference in this Section to a defendant or a party to be served includes the person to be served with the claim form on behalf of a child or protected party under paragraph (1) or (2).

(4) The court may make an order permitting a claim form to be served on a child or protected party, or on a person other than the person specified in paragraph (1) or (2).

(5) An application for an order under paragraph (4) may be made without notice.

(6) The court may order that, although a claim form has been sent or given to someone other than the person specified in paragraph (1) or (2), it is to be treated as if it had been properly served.

(7) This rule does not apply where the court has made an order under rule 21.2(3) allowing a child to conduct proceedings without a litigation friend.

(Part 21 contains rules about the appointment of a litigation friend and “child” and “protected party” have the same meaning as in rule 21.1.)

Deemed service

6.14. A claim form served [^F273 within the United Kingdom^F273] in accordance with this Part is deemed to be served on the second business day after completion of the relevant step under rule 7.5(1).

Service of the claim form by an alternative method or at an alternative place

6.15.—(1) Where it appears to the court that there is a good reason to authorise service by a method or at a place not otherwise permitted by this Part, the court may make an order permitting service by an alternative method or at an alternative place.

(2) On an application under this rule, the court may order that steps already taken to bring the claim form to the attention of the defendant by an alternative method or at an alternative place is good service.

(3) An application for an order under this rule—

(a)must be supported by evidence; and

(b)may be made without notice.

(4) An order under this rule must specify—

(a)the method or place of service;

(b)the date on which the claim form is deemed served; and

(c)the period for—

(i)filing an acknowledgment of service;

(ii)filing an admission; or

(iii)filing a defence.

Power of court to dispense with service of the claim form

6.16.—(1) The court may dispense with service of a claim form in exceptional circumstances.

(2) An application for an order to dispense with service may be made at any time and—

(a)must be supported by evidence; and

(b)may be made without notice.

Notice and certificate of service relating to the claim form

6.17.—(1) Where the court serves a claim form, the court will send to the claimant a notice which will include the date on which the claim form is deemed served under rule 6.14.

(2) Where the claimant serves the claim form, the claimant—

(a)must file a certificate of service within 21 days of service of the particulars of claim, unless all the defendants to the proceedings have filed acknowledgments of service within that time; and

(b)may not obtain judgment in default under Part 12 unless a certificate of service has been filed.

(3) The certificate of service must state—

(a)where rule 6.7, 6.8, 6.9 or 6.10 applies, the category of address at which the claimant believes the claim form has been served; and

(b)the details set out in the following table.

Notification of outcome of postal service by the court

6.18.—(1) Where—

(a)the court serves the claim form by post; and

(b)the claim form is returned to the court,

the court will send notification to the claimant that the claim form has been returned.

(2) The claim form will be deemed to be served unless the address for the defendant on the claim form is not the relevant address for the purpose of rules 6.7 to 6.10.

Notice of non-service by bailiff

6.19. Where—

(a)the court bailiff is to serve a claim form; and

(b)the bailiff is unable to serve it on the defendant,

the court will send notification to the claimant.

III SERVICE OF DOCUMENTS OTHER THAN THE CLAIM FORM IN THE UNITED KINGDOM ^F274...

Methods of service

6.20.—(1)[^F275 A^F275] document may be served by any of the following methods—

(a)personal service, in accordance with rule 6.22;

(b)first class post, document exchange or other service which provides for delivery on the next business day, in accordance with [^F276 Practice Direction 6A^F276] ;

(c)leaving it at a place specified in rule 6.23;

(d)fax or other means of electronic communication in accordance with [^F277 Practice Direction 6A^F277] ; or

(e)any method authorised by the court under rule 6.27.

(2) A company may be served—

(a)by any method permitted under this Part; or

(b)by any of the methods of service [^F278 permitted under^F278] the Companies Act 2006.

(3) A limited liability partnership may be served—

(a)by any method permitted under this Part; or

(b)by any of the methods of service [^F279 permitted under the Companies Act 2006 as applied with modification by regulations made under the Limited Liability Partnerships Act 2000.^F279]

Who is to serve

6.21.—(1)[^F280 A^F280] party to proceedings will serve a document which that party has prepared except where—

(a)a rule or practice direction provides that the court will serve the document; or

(b)the court orders otherwise.

(2) The court will serve a document which it has prepared except where—

(a)a rule or practice direction provides that a party must serve the document;

(b)the party on whose behalf the document is to be served notifies the court that the party wishes to serve it; or

(c)the court orders otherwise.

(3) Where the court is to serve a document, it is for the court to decide which method of service is to be used.

(4) Where the court is to serve a document prepared by a party, that party must provide a copy for the court and for each party to be served.

Personal service

6.22.—(1) Where required by another Part, any other enactment, a practice direction or a court order, a document must be served personally.

(2) In other cases, a document may be served personally except—

(a)where the party to be served has given an address for service under rule 6.23^F281...; or

(b)in any proceedings by or against the Crown.

(3) A document may be served personally as if the document were a claim form in accordance with rule 6.5(3).

[^F282 (For service out of the jurisdiction see rules 6.40 to 6.47.)^F282]

Address for service [^F283to be given after proceedings are started^F283]

6.23.—(1)[^F284 Unless the court orders otherwise, a party^F284] to proceedings must give an address at which that party may be served with documents relating to those proceedings. The address must include a full postcode ^F285...^F286....

^F287...

[^F288 (2) Except where any other rule [^F289 , practice direction or order^F289] makes different provision, a party’s address for service must be—

(a)the business address ^F290... within the United Kingdom ^F290... of a solicitor acting for the party to be served; or

^F291(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)where there is no solicitor acting for the party ^F292...—

(i)an address within the United Kingdom at which the party resides or carries on business; ^F293...

^F294(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(For Production Centre Claims see paragraph 2.3(7) [^F295 and (7A)^F295] of Practice Direction [^F296 7B^F296] ; for Money Claims Online see [^F297 paragraph 4(3A) and (6)^F297] of Practice Direction [^F298 7C^F298] ; and for Possession Claims Online see [^F299 paragraph 5.1(3A) and (4)^F299] of Practice Direction 55B.)^F288]

(3) Where [^F300 none of sub-paragraphs (2)(a) ^F301... or (c) applies^F300] , [^F302 unless the court orders otherwise^F302] the party must give an address for service within the United Kingdom.

(Part 42 contains provisions about change of solicitor. Rule 42.1 provides that where a party gives the business address of a solicitor as that party’s address for service, that solicitor will be considered to be acting for the party until the provisions of Part 42 are complied with.)

(4)[^F303 Subject to the provisions of Section IV of this Part (where applicable), any^F303] document to be served in proceedings must be sent or transmitted to, or left at, the party’s address for service under paragraph (2) or (3) unless it is to be served personally or the court orders otherwise.

(5) Where, in accordance with [^F304 Practice Direction 6A^F304] , a party indicates or is deemed to have indicated that they will accept service by fax, the fax number given by that party must be at the address for service.

(6) Where a party indicates in accordance with [^F305 Practice Direction 6A^F305] that they will accept service by electronic means other than fax, the e-mail address or electronic identification given by that party will be deemed to be at the address for service.

(7) In proceedings by or against the Crown, service of any document in the proceedings on the Crown must be effected in the same manner prescribed in rule 6.10 as if the document were a claim form.

(8) This rule does not apply where an order made by the court under rule 6.27 (service by an alternative method or at an alternative place) specifies where a document may be served.

[^F306 (For service out of the jurisdiction see rules 6.40 to 6.47.)^F306]

Change of address for service

6.24. Where the address for service of a party changes, that party must give notice in writing of the change as soon as it has taken place to the court and every other party.

Service on children and protected parties

6.25.—(1) An application for an order appointing a litigation friend where a child or protected party has no litigation friend must be served in accordance with rule 21.8(1) and (2).

(2) Any other document which would otherwise be served on a child or a protected party must be served on the litigation friend conducting the proceedings on behalf of the child or protected party.

(3) The court may make an order permitting a document to be served on the child or protected party or on some person other than the person specified in rule 21.8 or paragraph (2).

(4) An application for an order under paragraph (3) may be made without notice.

(5) The court may order that, although a document has been sent or given to someone other than the person specified in rule 21.8 or paragraph (2), the document is to be treated as if it had been properly served.

(6) This rule does not apply where the court has made an order under rule 21.2(3) allowing a child to conduct proceedings without a litigation friend.

Deemed Service

6.26. A document, other than a claim form [^F307 within the United Kingdom^F307] , served in accordance with these Rules or any relevant practice direction is deemed to be served on the day shown in the following table—

(Paragraphs 10.1 to 10.7 of [^F308 Practice Direction 6A^F308] contain examples of how the date of deemed service is calculated.)

Service by an alternative method or at an alternative place

6.27. Rule 6.15 applies to any document in the proceedings as it applies to a claim form and reference to the defendant in that rule is modified accordingly.

Power to dispense with service

6.28.—(1) The court may dispense with service of any document which is to be served in the proceedings.

(2) An application for an order to dispense with service must be supported by evidence and may be made without notice.

Certificate of service

6.29. Where a rule, practice direction or court order requires a certificate of service, the certificate must state the details required by the following table—

IV SERVICE OF THE CLAIM FORM AND OTHER DOCUMENTS OUT OF THE JURISDICTION

Scope of this Section

6.30. This Section contains rules about—

(a)service of the claim form and other documents out of the jurisdiction;

(b)when the permission of the court is required and how to obtain that permission; and

(c)the procedure for service.

(“Jurisdiction” is defined in rule 2.3(1).)

Interpretation

6.31. For the purposes of this Section—

(a) “the Hague Convention” means the Convention on the service abroad of judicial and extrajudicial documents in civil or commercial matters signed at the Hague on 15 November 1965;

(b) “the 1982 Act ” means the Civil Jurisdiction and Judgments Act 1982 ;

(c) “ Civil Procedure Convention ” means [^F309 any ^F309] Convention (including the Hague Convention) entered into by the United Kingdom regarding service out of the jurisdiction;

^F310(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F310 ...

^F311(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) “Commonwealth State” means a state listed in Schedule 3 to the British Nationality Act 1981 ;

^F312(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F312(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F312(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F312(j). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F313 (k) “the 2005 Hague Convention ” means the Convention on Choice of Court Agreements concluded on 30th June 2005 at the Hague. ^F313]

Service of the claim form where the permission of the court is not required - Scotland and Northern Ireland

6.32.—(1) The claimant may serve the claim form on a defendant in Scotland or Northern Ireland where each claim made against the defendant to be served and included in the claim form is a claim which the court has power to determine under the 1982 Act and—

(a)no proceedings between the parties concerning the same claim are pending in the courts of any other part of the United Kingdom; and

(b)(i)the defendant is domiciled in the United Kingdom;

(ii)the proceedings are within paragraph 11 of Schedule 4 to the 1982 Act; or

(iii)the defendant is a party to an agreement conferring jurisdiction, within paragraph 12 of Schedule 4 to the 1982 Act.

(2) The claimant may serve the claim form on a defendant in Scotland or Northern Ireland where each claim made against the defendant to be served and included in the claim form is a claim which the court has power to determine under any enactment other than the 1982 Act notwithstanding that—

(a)the person against whom the claim is made is not within the jurisdiction; or

(b)the facts giving rise to the claim did not occur within the jurisdiction.

Service of the claim form where the permission of the court is not required - out of the United Kingdom

6.33.^F314—(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The claimant may serve the claim form on a defendant out of the United Kingdom where each claim made against the defendant to be served and included in the claim form is a claim which the court has power to determine [^F315 under sections 15A to 15E of the 1982 Act^F315] and—

(a)^F316... no proceedings between the parties concerning the same claim are pending in the courts of any other part of the United Kingdom ^F317...; and

[^F318 (b)^F319(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii)the defendant is not a consumer, but is a party to a consumer contract within [^F320 section 15B(1) of the 1982 Act^F320] ; [^F321 or^F321]

(iii)the defendant is an employer and a party to a contract of employment within [^F322 section 15C(1) of the 1982 Act^F322] ;

^F323(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F324(v). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .^F318]

^F325(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F326 (2B) The claimant may serve the claim form on a defendant outside the United Kingdom where, for each claim made against the defendant to be served and included in the claim form—

(a)the court has power to determine that claim under the 2005 Hague Convention and the defendant is a party to an exclusive choice of court agreement conferring jurisdiction on that court within the meaning of Article 3 of the 2005 Hague Convention; ^F327...

(b)a contract contains a term to the effect that the court shall have jurisdiction to determine that claim [^F328 ; or

(c)the claim is in respect of a contract falling within sub-paragraph (b).^F328,F326]]

(3) The claimant may serve the claim form on a defendant out of the United Kingdom where each claim made against the defendant to be served and included in the claim form is a claim which the court has power to determine other than under ^F329...[^F330 the 2005 Hague Convention^F329 ...^F330] notwithstanding that—

(a)the person against whom the claim is made is not within the jurisdiction; or

(b)the facts giving rise to the claim did not occur within the jurisdiction.

Notice of statement of grounds where the permission of the court is not required for service

6.34.—(1) Where the claimant intends to serve a claim form on a defendant under rule 6.32 or 6.33, the claimant must—

(a)file with the claim form a notice containing a statement of the grounds on which the claimant is entitled to serve the claim form out of the jurisdiction; and

(b)serve a copy of that notice with the claim form.

(2) Where the claimant fails to file with the claim form a copy of the notice referred to in paragraph (1)(a), the claim form may only be served—

(a)once the claimant files the notice; or

(b)if the court gives permission.

Period for responding to the claim form where permission was not required for service

6.35.—(1) This rule sets out the period for—

(a)filing an acknowledgment of service;

(b)filing an admission; or

(c)filing a defence,

where a claim form has been served out of the jurisdiction under rule 6.32 or 6.33.

(Part 10 contains rules about acknowledgments of service, Part 14 contains rules about admissions and Part 15 contains rules about defences.)

Service of the claim form on a defendant in Scotland or Northern Ireland

(2) Where the claimant serves on a defendant in Scotland or Northern Ireland under rule 6.32, the period—

(a)for filing an acknowledgment of service or admission is 21 days after service of the particulars of claim; or

(b)for filing a defence is—

(i)21 days after service of the particulars of claim; or

(ii)where the defendant files an acknowledgment of service, 35 days after service of the particulars of claim.

(Part 7 provides that particulars of claim must be contained in or served with the claim form or served separately on the defendant within 14 days after service of the claim form.)

^F331(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F332(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Service on a defendant elsewhere

(5) Where the claimant serves the claim form under rule 6.33 ^F333..., the period for responding to the claim form is set out in [^F334 Practice Direction 6B^F334] .

Service of the claim form where the permission of the court is required

6.36. In any proceedings to which rule 6.32 or 6.33 does not apply, the claimant may serve a claim form out of the jurisdiction with the permission of the court if any of the grounds set out in paragraph 3.1 of [^F335 Practice Direction 6B^F335] apply.

Application for permission to serve the claim form out of the jurisdiction

6.37.—(1) An application for permission under rule 6.36 must set out—

(a)which ground in paragraph 3.1 of [^F336 Practice Direction 6B^F336] is relied on;

(b)that the claimant believes that the claim has a reasonable prospect of success; and

(c)the defendant’s address or, if not known, in what place the defendant is, or is likely, to be found.

(2) Where the application is made in respect of a claim referred to in paragraph 3.1(3) of [^F337 Practice Direction 6B^F337] , the application must also state the grounds on which the claimant believes that there is between the claimant and the defendant a real issue which it is reasonable for the court to try.

(3) The court will not give permission unless satisfied that England and Wales is the proper place in which to bring the claim.

(4) In particular, where—

(a)the application is for permission to serve a claim form in Scotland or Northern Ireland; and

(b)it appears to the court that the claimant may also be entitled to a remedy in Scotland or Northern Ireland, the court, in deciding whether to give permission, will—

(i)compare the cost and convenience of proceeding there or in the jurisdiction; and

(ii)(where relevant) have regard to the powers and jurisdiction of the Sheriff court in Scotland or the [^F21 County Court^F21] or courts of summary jurisdiction in Northern Ireland.

(5) Where the court gives permission to serve a claim form out of the jurisdiction—

(a)it will specify the periods within which the defendant may—

(i)file an acknowledgment of service;

(ii)file or serve an admission;

(iii)file a defence; or

(iv)file any other response or document required by a rule in another Part, any other enactment or a practice direction; and

(b)it [^F338 may give directions about the method of service^F338] .

(The periods referred to in paragraphs (5)(a)(i), (ii) and (iii) are those specified in the Table in [^F339 Practice Direction 6B^F339] .)

[^F340Service of documents other than the claim form - permission

6.38. Any application notice issued or order made in any proceedings, or other document which is required to be served in the proceedings, may be served on a defendant out of the jurisdiction without permission where—

(a)the claim form has been served on the defendant out of the jurisdiction with permission; or

(b)permission is or was not required to serve the claim form (whether within or out of the jurisdiction).^F340]

Service of application notice on a non-party to the proceedings