Civil Procedure Rules 1998 PDF

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. S TAT U T O R Y I N S T R U M E N T S 1998 No. 3132 (L.17)...

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. S TAT U T O R Y I N S T R U M E N T S 1998 No. 3132 (L.17) SUPREME COURT OF ENGLAND AND WALES COUNTY COURTS The Civil Procedure Rules 1998 Made - - - - 10th December 1998 Laid before Parliament 17th December 1998 Coming into force - - 26th April 1999 The Civil Procedure Rule Committee, having power under section 2 of the Civil Procedure Act 1997(1) to make rules of court under section 1 of that Act, make the following rules which may be cited as the Civil Procedure Rules 1998— PART 1 OVERRIDING OBJECTIVE Contents of this Part The overriding objective Rule 1.1 Application by the court of the overriding Rule 1.2 objective Duty of the parties Rule 1.3 Court’s duty to manage cases Rule 1.4 The overriding objective 1.1. (1) These Rules are a new procedural code with the overriding objective of enabling the court to deal with cases justly. (2) Dealing with a case justly includes, so far as is practicable— (a) ensuring that the parties are on an equal footing; (b) saving expense; (1) 1997 c. 12.  Document Generated: 2014-03-12 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (c) dealing with the case in ways which are proportionate— (i) to the amount of money involved; (ii) to the importance of the case; (iii) to the complexity of the issues; and (iv) to the financial position of each party; (d) ensuring that it is dealt with expeditiously and fairly; and (e) allotting to it an appropriate share of the court’s resources, while taking into account the need to allot resources to other cases. Application by the court of the overriding objective 1.2. The court must seek to give effect to the overriding objective when it— (a) exercises any power given to it by the Rules; or (b) interprets any rule. Duty of the parties 1.3. The parties are required to help the court to further the overriding objective. Court’s duty to manage cases 1.4. (1) The court must further the overriding objective by actively managing cases. (2) Active case management includes — (a) encouraging the parties to co-operate with each other in the conduct of the proceedings; (b) identifying the issues at an early stage; (c) deciding promptly which issues need full investigation and trial and accordingly disposing summarily of the others; (d) deciding the order in which issues are to be resolved; (e) encouraging the parties to use an alternative dispute resolution(GL) procedure if the court considers that appropriate and facilitating the use of such procedure; (f) helping the parties to settle the whole or part of the case; (g) fixing timetables or otherwise controlling the progress of the case; (h) considering whether the likely benefits of taking a particular step justify the cost of taking it; (i) dealing with as many aspects of the case as it can on the same occasion; (j) dealing with the case without the parties needing to attend at court; (k) making use of technology; and (l) giving directions to ensure that the trial of a case proceeds quickly and efficiently. 2 Document Generated: 2014-03-12 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. PART 2 APPLICATION AND INTERPRETATION OF THE RULES Contents of this Part Application of the Rules Rule 2.1 The glossary Rule 2.2 Interpretation Rule 2.3 Power of judge, Master or district judge to Rule 2.4 perform functions of the court Court staff Rule 2.5 Court documents to be sealed Rule 2.6 Court’s discretion as to where it deals with Rule 2.7 cases Time Rule 2.8 Dates for compliance to be calendar dates and Rule 2.9 to include time of day Meaning of “month” in judgments, etc. Rule 2.10 Time limits may be varied by parties Rule 2.11 Application of the Rules 2.1. (1) Subject to paragraph (2), these Rules apply to all proceedings in— (a) county courts; (b) the High Court; and (c) the Civil Division of the Court of Appeal. (2) These Rules do not apply to proceedings of the kinds specified in the first column of the following Table (proceedings for which rules may be made under the enactments specified in the second column) except to the extent that they are applied to those proceedings by another enactment — Proceedings Enactments 1. Insolvency proceedings Insolvency Act 1986(2), ss.411 and 412 2. Non-contentious or common form probate Supreme Court Act 1981(3), s.127 proceedings 3. Proceedings in the High Court when acting Prize Courts Act 1894(4), s.3 as a Prize Court (2) 1986 c. 45. (3) 1981 c. 54. (4) 1894 c. 39. 3  Document Generated: 2014-03-12 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. Proceedings Enactments 4. Proceedings before the judge within the Mental Health Act 1983, s.106 meaning of Part VII of the Mental Health Act 1983(5) 5. Family proceedings Matrimonial and Family Proceedings Act 1984(6), s.40 The glossary 2.2. (1) The glossary at the end of these Rules is a guide to the meaning of certain legal expressions used in the Rules, but is not to be taken as giving those expressions any meaning in the Rules which they do not have in the law generally. (2) Subject to paragraph (3), words in these Rules which are included in the glossary are followed by “(GL)”. (3) The words ‘counterclaim’, ‘damages’, ‘practice form’ and ‘service’, which appear frequently in the Rules, are included in the glossary but are not followed by “(GL)”. Interpretation 2.3. (1) In these Rules— “child” has the meaning given by rule 21.1(2); “claim for personal injuries” means proceedings in which there is a claim for damages in respect of personal injuries to the claimant or any other person or in respect of a person’s death, and “personal injuries” includes any disease and any impairment of a person’s physical or mental condition; “claimant” means a person who makes a claim; “CCR” is to be interpreted in accordance with Part 50; “court officer” means a member of the court staff; “defendant” means a person against whom a claim is made; “defendant’s home court” means— (a) if the claim is proceeding in a county court, the county court for the district in which the defendant’s address for service, as shown on the defence, is situated; and (b) if the claim is proceeding in the High Court, the district registry for the district in which the defendant’s address for service, as shown on the defence, is situated or, if there is no such district registry, the Royal Courts of Justice; (Rule 6.5 provides for a party to give an address for service) “filing”, in relation to a document, means delivering it, by post or otherwise, to the court office; “judge” means, unless the context otherwise requires, a judge, Master or district judge or a person authorised to act as such; “jurisdiction” means, unless the context otherwise requires, England and Wales and any part of the territorial waters of the United Kingdom adjoining England and Wales; (5) 1983 c. 20. (6) 1984 c. 42. Section 40 was amended by the Courts and Legal Services Act 1990 (c. 41), Schedule 18, paragraph 50. 4 Document Generated: 2014-03-12 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. “legal representative” means a barrister or a solicitor, solicitor’s employee or other authorised litigator (as defined in the Courts and Legal Services Act 1990(7)) who has been instructed to act for a party in relation to a claim; “litigation friend” has the meaning given by Part 21; “patient” has the meaning given by rule 21.1(2); “RSC” is to be interpreted in accordance with Part 50; “statement of case”— (a) means a claim form, particulars of claim where these are not included in a claim form, defence, Part 20 claim, or reply to defence; and (b) includes any further information given in relation to them voluntarily or by court order under rule 18.1; “statement of value” is to be interpreted in accordance with rule 16.3; “summary judgment” is to be interpreted in accordance with Part 24. (2) A reference to a “specialist list” is a reference to a list(GL)that has been designated as such by a relevant practice direction. (3) Where the context requires, a reference to “the court” means a reference to a particular county court, a district registry, or the Royal Courts of Justice. Power of judge, Master or district judge to perform functions of the court 2.4. Where these Rules provide for the court to perform any act then, except where an enactment, rule or practice direction provides otherwise, that act may be performed— (a) in relation to proceedings in the High Court, by any judge, Master or district judge of that Court; and (b) in relation to proceedings in a county court, by any judge or district judge. Court staff 2.5. (1) Where these Rules require or permit the court to perform an act of a formal or administrative character, that act may be performed by a court officer. (2) A requirement that a court officer carry out any act at the request of a party is subject to the payment of any fee required by a Fees Order for the carrying out of that act. (Rule 3.2 allows a court officer to refer to a judge before taking any step) Court documents to be sealed 2.6. (1) The court must seal(GL) the following documents on issue— (a) the claim form; and (b) any other document which a rule or practice direction requires it to seal. (2) The court may place the seal(GL) on the document— (a) by hand; or (b) by printing a facsimile of the seal on the document whether electronically or otherwise. (3) A document purporting to bear the court’s seal(GL) shall be admissible in evidence without further proof. (7) 1990 c. 41. 5  Document Generated: 2014-03-12 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. Court’s discretion as to where it deals with cases 2.7. The court may deal with a case at any place that it considers appropriate. Time 2.8. (1) This rule shows how to calculate any period of time for doing any act which is specified— (a) by these Rules; (b) by a practice direction; or (c) by a judgment or order of the court. (2) A period of time expressed as a number of days shall be computed as clear days. (3) In this rule “clear days” means that in computing the number of days— (a) the day on which the period begins; and (b) if the end of the period is defined by reference to an event, the day on which that event occurs, are not included. Examples (i) Notice of an application must be served at least 3 days before the hearing. An application is to be heard on Friday 20 October. The last date for service is Monday 16 October. (ii) The court is to fix a date for a hearing. The hearing must be at least 28 days after the date of notice. If the court gives notice of the date of the hearing on 1 October, the earliest date for the hearing is 30 October. (iii) Particulars of claim must be served within 14 days of service of the claim form. The claim form is served on 2 October. The last day for service of the particulars of claim is 16 October. (4) Where the specified period— (a) is 5 days or less; and (b) includes— (i) a Saturday or Sunday; or (ii) a Bank Holiday, Christmas Day or Good Friday, that day does not count. Example Notice of an application must be served at least 3 days before the hearing. An application is to be heard on Monday 20 October. The last date for service is Tuesday 14 October. (5) When the period specified— (a) by these Rules or a practice direction; or (b) by any judgment or court order, for doing any act at the court office ends on a day on which the office is closed, that act shall be in time if done on the next day on which the court office is open. 6 Document Generated: 2014-03-12 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. Dates for compliance to be calendar dates and to include time of day 2.9. (1) Where the court gives a judgment, order or direction which imposes a time limit for doing any act, the last date for compliance must, wherever practicable— (a) be expressed as a calendar date; and (b) include the time of day by which the act must be done. (2) Where the date by which an act must be done is inserted in any document, the date must, wherever practicable, be expressed as a calendar date. Meaning of “month” in judgments, etc. 2.10. Where “month” occurs in any judgment, order, direction or other document, it means a calendar month. Time limits may be varied by parties 2.11. Unless these Rules or a practice direction provide otherwise or the court orders otherwise, the time specified by a rule or by the court for a person to do any act may be varied by the written agreement of the parties. (Rules 3.8 (sanctions have effect unless defaulting party obtains relief), 28.4 (variation of case management timetable—fast track) and 29.5 (variation of case management timetable—multi- track) provide for time limits that cannot be varied by agreement between the parties) PART 3 THE COURT'S CASE MANAGEMENT POWERS Contents of this Part The court’s general powers of management Rule 3.1 Court officer’s power to refer to a judge Rule 3.2 Court’s power to make order of its own Rule 3.3 initiative Power to strike out a statement of case Rule 3.4 Judgment without trial after striking out Rule 3.5 Setting aside judgment entered after striking Rule 3.6 out Sanctions for non-payment of certain fees Rule 3.7 Sanctions have effect unless defaulting party Rule 3.8 obtains relief Relief from sanctions Rule 3.9 General power of the court to rectify matters Rule 3.10 where there has been an error of procedure 7  Document Generated: 2014-03-12 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. The court’s general powers of management 3.1. (1) The list of powers in this rule is in addition to any powers given to the court by any other rule or practice direction or by any other enactment or any powers it may otherwise have. (2) Except where these Rules provide otherwise, the court may — (a) extend or shorten the time for compliance with any rule, practice direction or court order (even if an application for extension is made after the time for compliance has expired); (b) adjourn or bring forward a hearing; (c) require a party or a party’s legal representative to attend the court; (d) hold a hearing and receive evidence by telephone or by using any other method of direct oral communication; (e) direct that part of any proceedings (such as a counterclaim) be dealt with as separate proceedings; (f) stay(GL) the whole or part of any proceedings or judgment either generally or until a specified date or event; (g) consolidate proceedings; (h) try two or more claims on the same occasion; (i) direct a separate trial of any issue; (j) decide the order in which issues are to be tried; (k) exclude an issue from consideration; (l) dismiss or give judgment on a claim after a decision on a preliminary issue; (m) take any other step or make any other order for the purpose of managing the case and furthering the overriding objective. (3) When the court makes an order, it may — (a) make it subject to conditions, including a condition to pay a sum of money into court; and (b) specify the consequence of failure to comply with the order or a condition. (4) Where the court gives directions it may take into account whether or not a party has complied with any relevant pre-action protocol(GL). (5) The court may order a party to pay a sum of money into court if that party has, without good reason, failed to comply with a rule, practice direction or a relevant pre-action protocol. (6) When exercising its power under paragraph (5) the court must have regard to— (a) the amount in dispute; and (b) the costs which the parties have incurred or which they may incur. (7) A power of the court under these Rules to make an order includes a power to vary or revoke the order. Court officer’s power to refer to a judge 3.2. Where a step is to be taken by a court officer— (a) the court officer may consult a judge before taking that step; (b) the step may be taken by a judge instead of the court officer. 8 Document Generated: 2014-03-12 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. Court’s power to make order of its own initiative 3.3. (1) Except where a rule or some other enactment provides otherwise, the court may exercise its powers on an application or of its own initiative. (Part 23 sets out the procedure for making an application) (2) Where the court proposes to make an order of its own initiative— (a) it may give any person likely to be affected by the order an opportunity to make representations; and (b) where it does so it must specify the time by and the manner in which the representations must be made. (3) Where the court proposes— (a) to make an order of its own initiative; and (b) to hold a hearing to decide whether to make the order, it must give each party likely to be affected by the order at least 3 days' notice of the hearing. (4) The court may make an order of its own initiative without hearing the parties or giving them an opportunity to make representations. (5) Where the court has made an order under paragraph (4)— (a) a party affected by the order may apply to have it set aside(GL), varied or stayed(GL); and (b) the order must contain a statement of the right to make such an application. (6) An application under paragraph (5)(a) must be made— (a) within such period as may be specified by the court; or (b) if the court does not specify a period, not more than 7 days after the date on which the order was served on the party making the application. Power to strike out a statement of case 3.4. (1) In this rule and rule 3.5, reference to a statement of case includes reference to part of a statement of case. (2) The court may strike out(GL) a statement of case if it appears to the court— (a) that the statement of case discloses no reasonable grounds for bringing or defending the claim; (b) that the statement of case is an abuse of the court’s process or is otherwise likely to obstruct the just disposal of the proceedings; or (c) that there has been a failure to comply with a rule, practice direction or court order. (3) When the court strikes out a statement of case it may make any consequential order it considers appropriate. (4) Where— (a) the court has struck out a claimant’s statement of case; (b) the claimant has been ordered to pay costs to the defendant; and (c) before the claimant pays those costs, he starts another claim against the same defendant, arising out of facts which are the same or substantially the same as those relating to the claim in which the statement of case was struck out, the court may, on the application of the defendant, stay(GL) that other claim until the costs of the first claim have been paid. 9  Document Generated: 2014-03-12 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (5) Paragraph (2) does not limit any other power of the court to strike out(GL) a statement of case. Judgment without trial after striking out 3.5. (1) This rule applies where— (a) the court makes an order which includes a term that the statement of case of a party shall be struck out if the party does not comply with the order; and (b) the party against whom the order was made does not comply with it. (2) A party may obtain judgment with costs by filing a request for judgment if— (a) the order referred to in paragraph (1)(a) relates to the whole of a statement of case; and (b) where the party wishing to obtain judgment is the claimant, the claim is for— (i) a specified amount of money; (ii) an amount of money to be decided by the court; (iii) delivery of goods where the claim form gives the defendant the alternative of paying their value; or (iv) any combination of these remedies. (3) The request must state that the right to enter judgment has arisen because the court’s order has not been complied with. (4) A party must make an application in accordance with Part 23 if he wishes to obtain judgment under this rule in a case to which paragraph (2) does not apply. Setting aside judgment entered after striking out 3.6. (1) A party against whom the court has entered judgment under rule 3.5 may apply to the court to set the judgment aside. (2) An application under paragraph (1) must be made not more than 14 days after the judgment has been served on the party making the application. (3) If the right to enter judgment had not arisen at the time when judgment was entered, the court must set aside(GL) the judgment. (4) If the application to set aside(GL) is made for any other reason, rule 3.9 (relief from sanctions) shall apply. Sanctions for non—payment of certain fees 3.7. (1) This rule applies where— (a) an allocation questionnaire or a listing questionnaire is filed without payment of the fee specified by the relevant Fees Order; or (b) the court dispenses with the need for an allocation questionnaire or a listing questionnaire or both; or (c) these Rules do not require an allocation questionnaire or a listing questionnaire to be filed in relation to the claim in question. (Rule 26.3 provides for the court to dispense with the need for an allocation questionnaire and rules 28.5 and 29.6 provide for the court to dispense with the need for a listing questionnaire) (2) The court will serve a notice on the claimant requiring payment of the fee which the relevant Fees Order specifies as being due— (a) on the filing of the allocation questionnaire or the listing questionnaire; or 10 Document Generated: 2014-03-12 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (b) in the circumstances where the claimant is not required to file an allocation questionnaire or a listing questionnaire, if, at the time the fee is due, the claimant has not paid the fee or made an application for exemption from or remission of the fee. (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 an exemption from or remission of the fee, by the date specified in the notice— (i) the claim shall be struck out; and (ii) the claimant shall be liable for the costs which the defendant has incurred unless the court orders otherwise. (Rule 44.12 provides for the basis of assessment where a right to costs arises under this rule) (5) Where an application for exemption from or remission of a fee is refused, the court will serve notice on the claimant requiring payment of the fee by the date specified in the notice. (6) If the claimant does not pay the fee by the date specified in the notice— (a) the claim shall be struck out; and (b) the claimant shall be liable for the costs which the defendant has incurred unless the court orders otherwise. (7) If— (a) a claimant applies under rule 3.9 (relief from sanctions) to have the claim reinstated; and (b) the court grants relief under that rule, the relief shall be conditional on the claimant— (i) paying the fee; or (ii) filing evidence of exemption from payment or remission of the fee, within 2 days of the date of the order. Sanctions have effect unless defaulting party obtains relief 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 may 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. 11  Document Generated: 2014-03-12 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. Relief from sanctions 3.9. (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 including— (a) the interests of the administration of justice; (b) whether the application for relief has been made promptly; (c) whether the failure to comply was intentional; (d) whether there is a good explanation for the failure; (e) the extent to which the party in default has complied with other rules, practice directions, court orders and any relevant pre-action protocol(GL); (f) whether the failure to comply was caused by the party or his legal representative; (g) whether the trial date or the likely trial date can still be met if relief is granted; (h) the effect which the failure to comply had on each party; and (i) the effect which the granting of relief would have on each party. (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 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. PART 4 FORMS 4. (1) The forms set out in a practice direction shall be used in the cases to which they apply. (2) A form may be varied by the court or a party if the variation is required by the circumstances of a particular case. (3) A form must not be varied so as to leave out any information or guidance which the form gives to the recipient. (4) Where these Rules require a form to be sent by the court or by a party for another party to use, it must be sent without any variation except such as is required by the circumstances of the particular case. (5) Where the court or a party produces a form shown in a practice direction with the words “Royal Arms”, the form must include a replica of the Royal Arms at the head of the first page. 12 Document Generated: 2014-03-12 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. PART 5 COURT DOCUMENTS Contents of this Part Scope of this Part Rule 5.1 Preparation of documents Rule 5.2 Signature of documents by mechanical means Rule 5.3 Supply of documents from court records Rule 5.4 Scope of this Part 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 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— (i) CCR Order 25, rule 5(3) (reissue of enforcement proceedings); (ii) CCR Order 25, rule 8(9) (reissue of warrant where condition upon which warrant was suspended has not been complied with); or (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 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. Supply of documents from court records 5.4. (1) Any party to proceedings may be supplied from the records of the court with a copy of any document relating to those proceedings (including documents filed before the claim was commenced), provided that the party seeking the document— (a) pays any prescribed fee; and (b) files a written request for the document. (2) Any other person who pays the prescribed fee may, during office hours, search for, inspect and take a copy of the following documents, namely— (a) a claim form which has been served; (b) any judgment or order given or made in public; 13  Document Generated: 2014-03-12 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (c) any other document if the court gives permission. (3) An application for permission under paragraph (2)(c) may be made without notice. (4) This rule does not apply in relation to any proceedings in respect of which a practice direction makes different provision. PART 6 SERVICE OF DOCUMENTS Contents of this Part I GENERAL RULES ABOUT SERVICE Part 6 rules about service apply generally Rule 6.1 Methods of service—general Rule 6.2 Who is to serve Rule 6.3 Personal service Rule 6.4 Address for service Rule 6.5 Service of documents on children and patients Rule 6.6 Deemed service Rule 6.7 Service by an alternative method Rule 6.8 Power of court to dispense with service Rule 6.9 Certificate of service Rule 6.10 Notice of non-service Rule 6.11 II SPECIAL PROVISIONS ABOUT SERVICE OF THE CLAIM FORM General rules about service subject to special Rule 6.12 rules about service of claim form Service of claim form by the court— Rule 6.13 defendant’s address for service Certificate of service relating to the claim form Rule 6.14 Service of claim form by contractually agreed Rule 6.15 method Service of claim form on agent of principal Rule 6.16 who is overseas I GENERAL RULES ABOUT SERVICE Part 6 rules about service apply generally 6.1. The rules in this Part apply to the service of documents, except where— (a) any other enactment, a rule in another Part, or a practice direction makes a different provision; or 14 Document Generated: 2014-03-12 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (b) the court orders otherwise. (Other rules which deal with service include the following— (a) service out of the jurisdiction—see RSC Order 11; (b) service on the Crown—see RSC Order 77 r.4 and CCR Order 42 r.7; (c) service in proceedings for the recovery of land and mortgage possession actions—see RSC Order 10 r.4 and CCR Order 7 rr.15 and15A.) Methods of service—general 6.2. (1) A document may be served by any of the following methods— (a) personal service, in accordance with rule 6.4; (b) first class post; (c) leaving the document at a place specified in rule 6.5; (d) through a document exchange in accordance with the relevant practice direction; or (e) by fax or other means of electronic communication in accordance with the relevant practice direction. (Rule 6.8 provides for the court to permit service by an alternative method) (2) A company may be served by any method permitted under this Part as an alternative to the methods of service set out in— (a) section 725 of the Companies Act 1985(8) (service by leaving a document at or posting it to an authorised place); (b) section 695 of that Act (service on oversea companies); and (c) section 694A of that Act (service of documents on companies incorporated outside the UK and Gibraltar and having a branch in Great Britain). Who is to serve 6.3. (1) The court will serve a document which it has issued or prepared except where— (a) a rule provides that a party must serve the document in question; (b) the party on whose behalf the document is to be served notifies the court that he wishes to serve it himself; (c) a practice direction provides otherwise; (d) the court orders otherwise; or (e) the court has failed to serve and has sent a notice of non-service to the party on whose behalf the document is to be served in accordance with rule 6.11. (2) Where the court is to serve a document, it is for the court to decide which of the methods of service specified in rule 6.2 is to be used. (3) Where a party prepares a document which is to be served by the court, that party must file a copy for the court, and for each party to be served. Personal service 6.4. (1) A document to be served may be served personally, except as provided in paragraph (2). (2) Where a solicitor— (8) 1985 c. 6. 15  Document Generated: 2014-03-12 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (a) is authorised to accept service on behalf of a party; and (b) has notified the party serving the document in writing that he is so authorised, a document must be served on the solicitor, unless personal service is required by an enactment, rule, practice direction or court order. (3) A document is served personally on an individual by leaving it with that individual. (4) A document is served personally on a company or other corporation by leaving it with a person holding a senior position within the company or corporation. (The service practice direction sets out the meaning of “senior position”) (5) A document is served personally on a partnership where partners are being sued in the name of their firm by leaving it with— (a) a partner; or (b) a person who, at the time of service, has the control or management of the partnership business at its principal place of business. Address for service 6.5. (1) Except as provided by RSC Order 11 (service out of the jurisdiction) a document must be served within the jurisdiction. (“Jurisdiction” is defined in rule 2.3) (2) A party must give an address for service within the jurisdiction. (3) Where a party— (a) does not give the business address of his solicitor as his address for service; and (b) resides or carries on business within the jurisdiction, he must give his residence or place of business as his address for service. (4) Any document to be served— (a) by first class post; (b) by leaving it at the place of service; (c) through a document exchange; or (d) by fax or by other means of electronic communication, must be sent or transmitted to, or left at, the address for service given by the party to be served. (5) Where— (a) a solicitor is acting for the party to be served; and (b) the document to be served is not the claim form; the party’s address for service is the business address of his solicitor. (Rule 6.13 specifies when the business address of a defendant’s solicitor may be the defendant’s address for service in relation to the claim form) (6) Where— (a) no solicitor is acting for the party to be served; and, (b) the party has not given an address for service, the document must be sent or transmitted to, or left at, the place shown in the following table. (Rule 6.2(2) sets out the statutory methods of service on a company) 16 Document Generated: 2014-03-12 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. Nature of party to be served Place of service Individual Usual or last known residence. Proprietor of a business Usual or last known residence; or Place of business or last known place of business. Individual who is suing or being sued in the Usual or last known residence; or name of a firm Principal or last known place of business of the firm. Corporation incorporated in England and Wales Principal office of the corporation; or other than a company Any place within the jurisdiction where the corporation carries on its activities and which has a real connection with the claim. Company registered in England and Wales Principal office of the company; or Any place of business of the company within the jurisdiction which has a real connection with the claim. Any other company or corporation Any place within the jurisdiction where the corporation carries on its activities; or Any place of business of the company within the jurisdiction. (7) This rule does not apply where an order made by the court under rule 6.8 (service by an alternative method) specifies where the document in question may be served. Service of documents on children and patients 6.6. (1) The following table shows the person on whom a document must be served if it is a document which would otherwise be served on a child or a patient— Type of document Nature of party Person to be served Claim form Child who is not also a patient One of the child’s parents or guardians; or if there is no parent or guardian, the person with whom the child resides or in whose care the child is. Claim form Patient The person authorised under Part VII of the Mental Health Act 1983(9) to conduct the proceedings in the name of the patient or on his behalf; or (9) 1983 c. 20. 17  Document Generated: 2014-03-12 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. Type of document Nature of party Person to be served if there is no person so authorised, the person with whom the patient resides or in whose care the patient is. Application for an order Child or patient See rule 21.8. appointing a litigation friend, where a child or patient has no litigation friend Any other document Child or patient The litigation friend who is conducting proceedings on behalf of the child or patient. (2) The court may make an order permitting a document to be served on the child or patient, or on some person other than the person specified in the table in this rule. (3) An application for an order under paragraph (2) may be made without notice. (4) The court may order that, although a document has been served on someone other than the person specified in the table, the document is to be treated as if it had been properly served. (5) 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) Deemed service 6.7. (1) A document which is served in accordance with these rules or any relevant practice direction shall be deemed to be served on the day shown in the following table— Method of service Deemed day of service First class post The second day after it was posted. Document exchange The second day after it was left at the document exchange. Delivering the document to or leaving it at a The day after it was delivered to or left at the permitted address permitted address. Fax If it is transmitted on a business day before 4 p.m, on that day; or in any other case, on the business day after the day on which it is transmitted. Other electronic method The second day after the day on which it is transmitted. (2) If a document (other than a claim form) is served after 5 p.m. on a business day, or at any time on a Saturday, Sunday or a bank holiday, the document shall be treated as having been served on the next business day. (3) In this rule— “business day” means any day except Saturday, Sunday or a bank holiday; and “bank holiday” includes Christmas Day and Good Friday. 18 Document Generated: 2014-03-12 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. Service by an alternative method 6.8. (1) Where it appears to the court that there is a good reason to authorise service by a method not permitted by these Rules, the court may make an order permitting service by an alternative method. (2) An application for an order permitting service by an alternative method— (a) must be supported by evidence; and (b) may be made without notice. (3) An order permitting service by an alternative method must specify— (a) the method of service; and (b) the date when the document will be deemed to be served. Power of court to dispense with service 6.9. (1) The court may dispense with service of a document. (2) An application for an order to dispense with service may be made without notice. Certificate of service 6.10. Where a rule, practice direction or court order requires a certificate of service, the certificate must state— (a) that the document has not been returned undelivered; and (b) the details set out in the following table— Method of service Details to be certified Post Date of posting Personal Date of personal service Document exchange Date of delivery to the document exchange Delivery of document to or leaving it at a Date when the document was delivered to permitted place or left at the permitted place Fax Date and time of transmission Other electronic means Date of transmission and the means used Alternative method permitted by the court As required by the court Notice of non-service 6.11. Where— (a) a document is to be served by the court; and (b) the court is unable to serve it, the court must send a notice of non-service stating the method attempted to the party who requested service. II SPECIAL PROVISIONS ABOUT SERVICE OF THE CLAIM FORM 19  Document Generated: 2014-03-12 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. General rules about service subject to special rules about service of claim form 6.12. The general rules about service are subject to the special rules about service contained in rules 6.13 to 6.16. Service of claim form by the court—defendant’s address for service 6.13. (1) Where a claim form is to be served by the court, the claim form must include the defendant’s address for service. (2) For the purposes of paragraph (1), the defendant’s address for service may be the business address of the defendant’s solicitor if he is authorised to accept service on the defendant’s behalf but not otherwise. (Rule 6.5 contains general provisions about the address for service) Certificate of service relating to the claim form 6.14. (1) Where a claim form is served by the court, the court must send the claimant a notice which will include the date when the claim form is deemed to be served under rule 6.7. (2) Where the claim form is served by the claimant— (a) he must file a certificate of service within 7 days of service of the claim form; and (b) he may not obtain judgment in default under Part 12 unless he has filed the certificate of service. (Rule 6.10 specifies what a certificate of service must show) Service of the claim form by contractually agreed method 6.15. (1) Where— (a) a contract contains a term providing that, in the event of a claim being issued in relation to the contract, the claim form may be served by a method specified in the contract; and (b) a claim form containing only a claim in respect of that contract is issued, the claim form shall, subject to paragraph (2), be deemed to be served on the defendant if it is served by a method specified in the contract. (2) Where the claim form is served out of the jurisdiction in accordance with the contract, it shall not be deemed to be served on the defendant unless— (a) permission to serve it out of the jurisdiction has been granted under RSC Order 11 r.1(1); or (b) it may be served without permission under RSC Order 11 r.1(2). Service of claim form on agent of principal who is overseas 6.16. (1) Where— (a) the defendant is overseas; and (b) the conditions specified in paragraph (2) are satisfied, the court may, on an application only, permit a claim form relating to a contract to be served on a defendant’s agent. (2) The court may not make an order under this rule unless it is satisfied that— (a) the contract to which the claim relates was entered into within the jurisdiction with or through the defendant’s agent; and 20 Document Generated: 2014-03-12 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (b) at the time of the application either the agent’s authority has not been terminated or he is still in business relations with his principal. (3) An application under this rule— (a) must be supported by evidence; and (b) may be made without notice. (4) An order under this rule must state a period within which the defendant must respond to the particulars of claim. (Rule 9.2 sets out how a defendant may respond to particulars of claim) (5) The power conferred by this rule is additional to the power conferred by rule 6.8 (service by an alternative method). (6) Where the court makes an order under this rule, the claimant must send to the defendant copies of— (a) the order; and (b) the claim form. PART 7 HOW TO START PROCEEDINGS—THE CLAIM FORM Contents of this Part Where to start proceedings Rule 7.1 How to start proceedings Rule 7.2 Right to use one claim form to start two or Rule 7.3 more claims Particulars of claim Rule 7.4 Service of a claim form Rule 7.5 Extension of time for serving a claim form Rule 7.6 Application by defendant for service of a claim Rule 7.7 form Form for defence etc. must be served with Rule 7.8 particulars of claim Fixed date and other claims Rule 7.9 Production Centre for claims Rule 7.10 Where to start proceedings 7.1. Restrictions on where proceedings may be started are set out in the relevant practice direction. How to start proceedings 7.2. (1) Proceedings are started when the court issues a claim form at the request of the claimant. (2) A claim form is issued on the date entered on the form by the court. 21  Document Generated: 2014-03-12 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (A person who seeks a remedy from the court before proceedings are started or in relation to proceedings which are taking place, or will take place, in another jurisdiction must make an application under Part 23) (Part 16 sets out what the claim form must include) Right to use one claim form to start two or more claims 7.3. A claimant may use a single claim form to start all claims which can be conveniently disposed of in the same proceedings. Particulars of claim 7.4. (1) Particulars of claim must— (a) be contained in or served with the claim form; or (b) subject to paragraph (2) be served on the defendant by the claimant within 14 days after service of the claim form. (2) Particulars of claim must be served on the defendant no later than the latest time for serving a claim form. (Rule 7.5 sets out the latest time for serving a claim form) (3) Where the claimant serves particulars of claim separately from the claim form in accordance with paragraph (1)(b), he must, within 7 days of service on the defendant, file a copy of the particulars together with a certificate of service. (Part 16 sets out what the particulars of claim must include) (Part 22 requires particulars of claim to be verified by a statement of truth) (Rule 6.10 makes provision for a certificate of service) Service of a claim form 7.5. (1) After a claim form has been issued, it must be served on the defendant. (2) The general rule is that a claim form must be served within 4 months after the date of issue. (3) The period for service is 6 months where the claim form is to be served out of the jurisdiction. Extension of time for serving a claim form 7.6. (1) The claimant may apply for an order extending the period within which the claim form may be served. (2) The general rule is that an application to extend the time for service must be made— (a) within the period for serving the claim form specified by rule 7.5; or (b) where an order has been made under this rule, within the period for service specified by that order. (3) If the claimant applies for an order to extend the time for service of the claim form after the end of the period specified by rule 7.5 or by an order made under this rule, the court may make such an order only if— (a) the court has been unable to serve the claim form; or (b) the claimant has taken all reasonable steps to serve the claim form but has been unable to do so; and (c) in either case, the claimant has acted promptly in making the application. 22 Document Generated: 2014-03-12 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (4) An application for an order extending the time for service— (a) must be supported by evidence; and (b) may be made without notice. Application by defendant for service of claim form 7.7. (1) Where a claim form has been issued against a defendant, but has not yet been served on him, the defendant may serve a notice on the claimant requiring him to serve the claim form or discontinue the claim within a period specified in the notice. (2) The period specified in a notice served under paragraph (1) must be at least 14 days after service of the notice. (3) If the claimant fails to comply with the notice, the court may, on the application of the defendant— (a) dismiss the claim; or (b) make any other order it thinks just. Form for defence etc. must be served with particulars of claim 7.8. (1) When particulars of claim are served on a defendant, whether they are contained in the claim form, served with it or served subsequently, they must be accompanied by— (a) a form for defending the claim; (b) a form for admitting the claim; and (c) a form for acknowledging service. (2) Where the claimant is using the procedure set out in Part 8 (alternative procedure for claims)— (a) paragraph (1) does not apply; and (b) a form for acknowledging service must accompany the claim form. Fixed date and other claims 7.9. A practice direction— (a) may set out the circumstances in which the court may give a fixed date for a hearing when it issues a claim; (b) may list claims in respect of which there is a specific claim form for use and set out the claim form in question; and (c) may disapply or modify these Rules as appropriate in relation to the claims referred to in paragraphs (a) and (b). Production Centre for claims 7.10. (1) There shall be a Production Centre for the issue of claim forms and other related matters. (2) The relevant practice direction makes provision for— (a) which claimants may use the Production Centre; (b) the type of claims which the Production Centre may issue; (c) the functions which are to be discharged by the Production Centre; (d) the place where the Production Centre is to be located; and (e) other related matters. 23  Document Generated: 2014-03-12 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (3) The relevant practice direction may disapply or modify these Rules as appropriate in relation to claims issued by the Production Centre. PART 8 ALTERNATIVE PROCEDURE FOR CLAIMS Contents of this Part Types of claim in which Part 8 procedure may Rule 8.1 be followed Contents of the claim form Rule 8.2 Acknowledgment of service Rule 8.3 Consequence of not filing an acknowledgment Rule 8.4 of service Filing and serving written evidence Rule 8.5 Evidence—general Rule 8.6 Part 20 claims Rule 8.7 Procedure where defendant objects to use of Rule 8.8 Part 8 procedure Modifications to the general rules Rule 8.9 Types of claim in which Part 8 procedure may be followed 8.1. (1) The Part 8 procedure is the procedure set out in this Part. (2) A claimant may use the Part 8 procedure where— (a) he seeks the court’s decision on a question which is unlikely to involve a substantial dispute of fact; or (b) paragraph (6) applies. (3) The court may at any stage order the claim to continue as if the claimant had not used the Part 8 procedure and, if it does so, the court may give any directions it considers appropriate. (4) Paragraph (2) does not apply if a practice direction provides that the Part 8 procedure may not be used in relation to the type of claim in question. (5) Where the claimant uses the Part 8 procedure he may not obtain default judgment under Part 12. (6) A rule or practice direction may, in relation to a specified type of proceedings— (a) require or permit the use of the Part 8 procedure; and (b) disapply or modify any of the rules set out in this Part as they apply to those proceedings. (Rule 8.9 provides for other modifications to the general rules where the Part 8 procedure is being used) Contents of the claim form 8.2. Where the claimant uses the Part 8 procedure the claim form must state— 24 Document Generated: 2014-03-12 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (a) that this Part applies; (b) (i) the question which the claimant wants the court to decide; or (ii) the remedy which the claimant is seeking and the legal basis for the claim to that remedy; (c) if the claim is being made under an enactment, what that enactment is; (d) if the claimant is claiming in a representative capacity, what that capacity is; and (e) if the defendant is sued in a representative capacity, what that capacity is. (Part 22 provides for the claim form to be verified by a statement of truth) (Rule 7.5 provides for service of the claim form) Acknowledgment of service 8.3. (1) The defendant must— (a) file an acknowledgment of service in the relevant practice form not more than 14 days after service of the claim form; and (b) serve the acknowledgment of service on the claimant and any other party. (2) The acknowledgment of service must state— (a) whether the defendant contests the claim; and (b) if the defendant seeks a different remedy from that set out in the claim form, what that remedy is. (3) The following rules of Part 10 (acknowledgment of service) apply— (a) rule 10.3(2) (exceptions to the period for filing an acknowledgment of service); and (b) rule 10.5 (contents of acknowledgment of service). (4) Part 11 (disputing the court’s jurisdiction) applies subject to the modification that in rule 11(4) (a) and (5)(b) (time limit for application disputing court’s jurisdiction) references to the period for filing a defence are treated as if they were references to a period of 14 days from the filing of an acknowledgment of service. Consequence of not filing an acknowledgment of service 8.4. (1) This rule applies where— (a) the defendant has failed to file an acknowledgment of service; and (b) the time period for doing so has expired. (2) The defendant may attend the hearing of the claim but may not take part in the hearing unless the court gives permission. Filing and serving written evidence 8.5. (1) The claimant must file any written evidence on which he intends to rely when he files his claim form. (2) The claimant’s evidence must be served on the defendant with the claim form. (3) A defendant who wishes to rely on written evidence must file it when he files his acknowledgment of service. (4) If he does so, he must also, at the same time, serve a copy of his evidence on the other parties. 25  Document Generated: 2014-03-12 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (5) The claimant may, within 14 days of service of the defendant’s evidence on him, file further written evidence in reply. (6) If he does so, he must also, within the same time limit, serve a copy of his evidence on the other parties. (7) The claimant may rely on the matters set out in his claim form as evidence under this rule if the claim form is verified by a statement of truth. Evidence—general 8.6. (1) No written evidence may be relied on at the hearing of the claim unless— (a) it has been served in accordance with rule 8.5; or (b) the court gives permission. (2) The court may require or permit a party to give oral evidence at the hearing. (3) The court may give directions requiring the attendance for cross-examination(GL) of a witness who has given written evidence. (Rule 32.1 contains a general power for the court to control evidence) Part 20 claims 8.7. Where the Part 8 procedure is used, Part 20 (counterclaims and other additional claims) applies except that a party may not make a Part 20 claim (as defined by rule 20.2) without the court’s permission. Procedure where defendant objects to use of the Part 8 procedure 8.8. (1) Where the defendant contends that the Part 8 procedure should not be used because— (a) there is a substantial dispute of fact; and (b) the use of the Part 8 procedure is not required or permitted by a rule or practice direction, he must state his reasons when he files his acknowledgment of service. (Rule 8.5 requires a defendant who wishes to rely on written evidence to file it when he files his acknowledgment of service) (2) When the court receives the acknowledgment of service and any written evidence it will give directions as to the future management of the case. (Rule 8.1(3) allows the court to make an order that the claim continue as if the claimant had not used the Part 8 procedure) Modifications to the general rules 8.9. Where the Part 8 procedure is followed— (a) provision is made in this Part for the matters which must be stated in the claim form and the defendant is not required to file a defence and therefore— (i) Part 16 (statements of case) does not apply; (ii) Part 15 (defence and reply) does not apply; (iii) any time limit in these Rules which prevents the parties from taking a step before a defence is filed does not apply; and (iv) the requirement under rule 7.8 to serve on the defendant a form for defending the claim does not apply; 26 Document Generated: 2014-03-12 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (b) the claimant may not obtain judgment by request on an admission and therefore— (i) rules 14.4 to 14.7 do not apply; and (ii) the requirement under rule 7.8 to serve on the defendant a form for admitting the claim does not apply; and (c) the claim shall be treated as allocated to the multi-track and therefore Part 26 does not apply. PART 9 RESPONDING TO PARTICULARS OF CLAIM—GENERAL Contents of this Part Scope of this Part Rule 9.1 Defence, admission or acknowledgment of Rule 9.2 service Scope of this Part 9.1. (1) This Part sets out how a defendant may respond to particulars of claim. (2) Where the defendant receives a claim form which states that particulars of claim are to follow, he need not respond to the claim until the particulars of claim have been served on him. Defence, admission or acknowledgment of service 9.2. When particulars of claim are served on a defendant, the defendant may— (a) file or serve an admission in accordance with Part 14; (b) file a defence in accordance with Part 15, (or do both, if he admits only part of the claim); or (c) file an acknowledgment of service in accordance with Part 10. PART 10 ACKNOWLEDGMENT OF SERVICE Contents of this Part Acknowledgment of service Rule 10.1 Consequence of not filing an acknowledgment Rule 10.2 of service The period for filing an acknowledgment of Rule 10.3 service Notice to claimant that defendant has filed an Rule 10.4 acknowledgment of service Contents of acknowledgment of service Rule 10.5 27  Document Generated: 2014-03-12 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. Acknowledgment of service 10.1. (1) This Part deals with the procedure for filing an acknowledgment of service. (2) Where the claimant uses the procedure set out in Part 8 (alternative procedure for claims) this Part applies subject to the modifications set out in rule 8.3. (3) A defendant may file an acknowledgment of service if— (a) he is unable to file a defence within the period specified in rule 15.4; or (b) he wishes to dispute the court’s jurisdiction. (Part 11 sets out the procedure for disputing the court’s jurisdiction) Consequence of not filing an acknowledgment of service 10.2. If— (a) a defendant fails to file an acknowledgment of service within the period specified in rule 10.3; and (b) does not within that period file a defence in accordance with Part 15 or serve or file an admission in accordance with Part 14, the claimant may obtain default judgment if Part 12 allows it. The period for filing an acknowledgment of service 10.3. (1) The general rule is that the period for filing an acknowledgment of service is— (a) where the defendant is served with a claim form which states that particulars of claim are to follow, 14 days after service of the particulars of claim; and (b) in any other case, 14 days after service of the claim form. (2) The general rule is subject to the following rules— (a) RSC Order 11 r.1A (which specifies how the period for filing an acknowledgment of service is calculated where the claim form is served out of the jurisdiction); and (b) rule 6.16(4) (which requires the court to specify the period for responding to the particulars of claim when it makes an order under that rule). Notice to claimant that defendant has filed an acknowledgment of service 10.4. On receipt of an acknowledgment of service, the court must notify the claimant in writing. Contents of acknowledgment of service 10.5. An acknowledgment of service must— (a) be signed by the defendant or his legal representative; and (b) include the defendant’s address for service. (Rule 6.5 provides that an address for service must be within the jurisdiction) 28 Document Generated: 2014-03-12 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. PART 11 DISPUTING THE COURT'S JURISDICTION Contents of this Part Procedure for disputing the court’s jurisdiction. Rule 11 Procedure for disputing the court’s jurisdiction 11. (1) A defendant who wishes to— (a) dispute the court’s jurisdiction to try the claim; or (b) argue that the court should not exercise its jurisdiction, may apply to the court for an order declaring that it has no such jurisdiction or should not exercise any jurisdiction which it may have. (2) A defendant who wishes to make such an application must first file an acknowledgment of service in accordance with Part 10. (3) A defendant who files an acknowledgment of service does not, by doing so, lose any right that he may have to dispute the court’s jurisdiction. (4) An application under this rule must— (a) be made within the period for filing a defence; and (b) be supported by evidence. (Rule 15.4 sets out the period for filing a defence) (5) If the defendant— (a) files an acknowledgment of service; and (b) does not make such an application within the period for filing a defence, he is to be treated as having accepted that the court has jurisdiction to try the claim. (6) An order containing a declaration that the court has no jurisdiction or will not exercise its jurisdiction may also make further provision including— (a) setting aside the claim form; (b) setting aside service of the claim form; (c) discharging any order made before the claim was commenced or before the claim form was served; and (d) staying(GL)the proceedings. (7) If on an application under this rule the court does not make a declaration— (a) the acknowledgment of service shall cease to have effect; and (b) the defendant may file a further acknowledgment of service within 14 days or such other period as the court may direct. (8) If the defendant files a further acknowledgment of service in accordance with paragraph (7) (b) he shall be treated as having accepted that the court has jurisdiction to try the claim. (9) Where a defendant makes an application under this rule he need not file a defence before the hearing of the application. (10) Where the claimant uses the procedure set out in Part 8 (alternative procedure for claims) this Part applies subject to the modifications set out in rule 8.3. 29  Document Generated: 2014-03-12 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. PART 12 DEFAULT JUDGMENT Contents of this Part Meaning of “default judgment” Rule 12.1 Claims in which default judgment may not be Rule 12.2 obtained Conditions to be satisfied Rule 12.3 Procedure for obtaining default judgment Rule 12.4 Nature of judgment where default judgment Rule 12.5 obtained by filing a request Interest Rule 12.6 Procedure for deciding an amount or value Rule 12.7 Claim against more than one defendant Rule 12.8 Procedure for obtaining default judgment for Rule 12.9 costs only Default judgment obtained by making an Rule 12.10 application Supplementary provisions where applications Rule 12.11 for default judgment are made Meaning of “default judgment” 12.1. In these Rules, “default judgment” means judgment without trial where a defendant— (a) has failed to file an acknowledgment of service; or (b) has failed to file a defence. (Part 10 contains provisions about filing an acknowledgment of service and Part 15 contains provisions about filing a defence) Claims in which default judgment may not be obtained 12.2. A claimant may not obtain a default judgment— (a) on a claim for delivery of goods subject to an agreement regulated by the Consumer Credit Act 1974(10); (b) where he uses the procedure set out in Part 8 (alternative procedure for claims); or (c) in any other case where a practice direction provides that the claimant may not obtain default judgment. Conditions to be satisfied 12.3. (1) The claimant may obtain judgment in default of an acknowledgment of service only if— (10) 1974 c. 39. 30 Document Generated: 2014-03-12 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (a) the defendant has not filed an acknowledgment of service or a defence to the claim (or any part of the claim); and (b) the relevant time for doing so has expired. (2) The claimant may obtain judgment in default of defence only if— (a) the defendant has filed an acknowledgment of service but has not filed a defence; and (b) the relevant time for doing so has expired. (Rules 10.3 and 15.4 deal respectively with the period for filing an acknowledgment of service and the period for filing a defence) (3) The claimant may not obtain a default judgment if— (a) the defendant has applied for summary judgment under Part 24, and that application has not been disposed of; (b) the defendant has satisfied the whole claim (including any claim for costs) on which the claimant is seeking judgment; or (c) (i) the claimant is seeking judgment on a claim for money; and (ii) the defendant has filed or served on the claimant an admission under rule 14.4 or 14.7 (admission of liability to pay all of the money claimed) together with a request for time to pay. (Part 14 sets out the procedure where a defendant admits a money claim and asks for time to pay) (Rule 6.14 provides that, where the claim form is served by the claimant, he may not obtain default judgment unless he has filed a certificate of service) Procedure for obtaining default judgment 12.4. (1) Subject to paragraph (2), a claimant may obtain a default judgment by filing a request in the relevant practice form where the claim is for— (a) a specified amount of money; (b) an amount of money to be decided by the court; (c) delivery of goods where the claim form gives the defendant the alternative of paying their value; or (d) any combination of these remedies. (2) The claimant must make an application in accordance with Part 23 if he wishes to obtain a default judgment— (a) on a claim which consists of or includes a claim for any other remedy; or (b) where rule 12.9 or rule 12.10 so provides. (3) Where a claimant— (a) claims any other remedy in his claim form in addition to those specified in paragraph (1); but (b) abandons that claim in his request for judgment, he may still obtain a default judgment by filing a request under paragraph (1). Nature of judgment where default judgment obtained by filing a request 12.5. (1) Where the claim is for a specified sum of money, the claimant may specify in a request filed under rule 12.4(1)— (a) the date by which the whole of the judgment debt is to be paid; or 31  Document Generated: 2014-03-12 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (b) the times and rate at which it is to be paid by instalments. (2) Except where paragraph (4) applies, a default judgment on a claim for a specified amount of money obtained on the filing of a request, will be judgment for the amount of the claim (less any payments made) and costs— (a) to be paid by the date or at the rate specified in the request for judgment; or (b) if none is specified, immediately. (Interest may be included in a default judgment obtained by filing a request if the conditions set out in Rule 12.6 are satisfied) (Rule 45.4 provides for fixed costs on the entry of a default judgment) 12.5. (3) Where the claim is for an unspecified amount of money, a default judgment obtained on the filing of a request will be for an amount to be decided by the court and costs. (4) Where the claim is for delivery of goods and the claim form gives the defendant the alternative of paying their value, a default judgment obtained on the filing of a request will be judgment requiring the defendant to— (a) deliver the goods or (if he does not do so) pay the value of the goods as decided by the court (less any payments made); and (b) pay costs. (Rule 12.7 sets out the procedure for deciding the amount of a judgment or the value of the goods) (5) The claimant’s right to enter judgment requiring the defendant to deliver goods is subject to rule 40.14 (judgment in favour of certain part owners relating to the detention of goods). Interest 12.6. (1) A default judgment on a claim for a specified amount of money obtained on the filing of a request may include the amount of interest claimed to the date of judgment if— (a) the particulars of claim include the details required by rule 16.4; (b) where interest is claimed under section 35A of the Supreme Court Act 1981(11) or section 69 of the County Courts Act 1984(12), the rate is no higher than the rate of interest payable on judgment debts at the date when the claim form was issued; and (c) the claimant’s request for judgment includes a calculation of the interest claimed for the period from the date up to which interest was stated to be calculated in the claim form to the date of the request for judgment. (2) In any case where paragraph (1) does not apply, judgment will be for an amount of interest to be decided by the court. (Rule 12.7 sets out the procedure for deciding the amount of interest) Procedure for deciding an amount or value 12.7. (1) This rule applies where the claimant obtains a default judgment on the filing of a request under rule 12.4(1) and judgment is for— (a) an amount of money to be decided by the court; (b) the value of goods to be decided by the court; or (c) an amount of interest to be decided by the court. (11) 1981 c. 54. Section 35A was inserted by the Administration of Justice Act 1982 (c. 53), section 15(1), Schedule 1, Part I. (12) 1984 c. 28. Section 69 was amended by the Courts and Legal Services Act 1990 (c. 41), Schedule 18, paragraph 46. 32 Document Generated: 2014-03-12 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (2) Where the court enters judgment it will— (a) give any directions it considers appropriate; and (b) if it considers it appropriate, allocate the case. Claim against more than one defendant 12.8. (1) A claimant may obtain a default judgment on request under this Part on a claim for money or a claim for delivery of goods against one of two or more defendants, and proceed with his claim against the other defendants. (2) Where a claimant applies for a default judgment against one of two or more defendants— (a) if the claim can be dealt with separately from the claim against the other defendants— (i) the court may enter a default judgment against that defendant; and (ii) the claimant may continue the proceedings against the other defendants; (b) if the claim cannot be dealt with separately from the claim against the other defendants— (i) the court will not enter default judgment against that defendant; and (ii) the court must deal with the application at the same time as it disposes of the claim against the other defendants. (3) A claimant may not enforce against one of two or more defendants any judgment obtained under this Part for possession of land or for delivery of goods unless— (a) he has obtained a judgment for possession or delivery (whether or not obtained under this Part) against all the defendants to the claim; or (b) the court gives permission. Procedure for obtaining a default judgment for costs only 12.9. (1) Where a claimant wishes to obtain a default judgment for costs only— (a) if the claim is for fixed costs, he may obtain it by filing a request in the relevant practice form; (b) if the claim is for any other type of costs, he must make an application in accordance with Part 23. (2) Where an application is made under this rule for costs only, judgment shall be for an amount to be decided by the court. (Part 45 sets out when a claimant is entitled to fixed costs) Default judgment obtained by making an application 12.10. The claimant must make an application in accordance with Part 23 where— (a) the claim is— (i) a claim against a child or patient; (ii) a claim in tort by one spouse against the other; or (iii) a claim against the Crown. (b) he wishes to obtain a default judgment where the defendant has failed to file an acknowledgment of service— 33  Document Generated: 2014-03-12 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (i) against a defendant who has been served with the claim out of the jurisdiction under RSC Order 11 r.1(2)(a) (service without leave under the Civil Jurisdiction and Judgments Act 1982(13)); (ii) against a defendant domiciled in Scotland or Northern Ireland or in any other Convention territory; (iii) against a State; (iv) against a diplomatic agent who enjoys immunity from civil jurisdiction by virtue of the Diplomatic Privileges Act 1964(14); or (v) against persons or organisations who enjoy immunity from civil jurisdiction pursuant to the provisions of the International Organisations Acts 1968 and 1981(15). Supplementary provisions where applications for default judgment are made 12.11. (1) Where the claimant makes an application for a default judgment, judgment shall be such judgment as it appears to the court that the claimant is entitled to on his statement of case. (2) Any evidence relied on by the claimant in support of his application need not be served on a party who has failed to file an acknowledgment of service. (3) An application for a default judgment on a claim against a child or patient or a claim in tort between spouses must be supported by evidence. (4) An application for a default judgment may be made without notice if— (a) the claim was served in accordance with the Civil Jurisdiction and Judgments Act 1982; (b) the defendant has failed to file an acknowledgment of service; and (c) notice does not need to be given under any other provision of these Rules. (5) Where an application is made against a State for a default judgment where the defendant has failed to file an acknowledgment of service— (a) the application may be made without notice, but the court hearing the application may direct that a copy of the application notice be served on the State; (b) if the court— (i) grants the application; or (ii) directs that a copy of the application notice be served on the State, the judgment or application notice (and the evidence in support) may be served out of the jurisdiction without any further order; (c) where paragraph (5)(b) permits a judgment or an application notice to be served out of the jurisdiction, the procedure for serving the judgment or the application notice is the same as for serving a claim form under RSC Order 11 except where an alternative method of service has been agreed under section 12(6) of the State Immunity Act 1978(16). (Rule 23.1 defines “application notice”) (6) For the purposes of this rule and rule 12.10— (a) “domicile” is to be determined in accordance with the provisions of sections 41 to 46 of the Civil Jurisdiction and Judgments Act 1982; (13) 1982 c. 27. (14) 1964 c. 81. (15) 1968 c. 48; 1981 c. 9. (16) 1978 c. 33. 34 Document Generated: 2014-03-12 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (b) “Convention territory” means the territory or territories of any Contracting State, as defined by section 1(3) of the Civil Jurisdiction and Judgments Act 1982, to which the Brussels Conventions or Lugano Convention apply; (c) “State” has the meaning given by section 14 of the State Immunity Act 1978; and (d) “Diplomatic agent” has the meaning given by Article 1 (e) of Schedule 1 to the Diplomatic Privileges Act 1964. PART 13 SETTING ASIDE OR VARYING DEFAULT JUDGMENT Contents of this Part Scope of this Part Rule 13.1 Cases where the court must set aside judgment Rule 13.2 entered under Part 12 Cases where the court may set aside or vary Rule 13.3 judgment entered under Part 12 Application to set aside or vary judgment— Rule 13.4 procedure Claimant’s duty to apply to set aside judgment Rule 13.5 Abandoned claim restored where default Rule 13.6 judgment set aside Scope of this Part 13.1. The rules in this Part set out the procedure for setting aside or varying judgment entered under Part 12 (default judgment). (CCR Order 22 r.10 sets out the procedure for varying the rate at which a judgment debt must be paid) Cases where the court must set aside judgment entered under Part 12 13.2. The court must set aside(GL) a judgment entered under Part 12 if judgment was wrongly entered because— (a) in the case of a judgment in default of an acknowledgment of service, any of the conditions in rule 12.3(1) and 12.3(3) was not satisfied; (b) in the case of a judgment in default of a defence, any of the conditions in rule 12.3(2) and 12.3(3) was not satisfied; or (c) the whole of the claim was satisfied before judgment was entered. Cases where the court may set aside or vary judgment entered under Part 12 13.3. (1) In any other case, the court may set aside(GL) or vary a judgment entered under Part 12 if— (a) the defendant has a real prospect of successfully defending the claim; or 35  Document Generated: 2014-03-12 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (b) it appears to the court that there is some other good reason why— (i) the judgment should be set aside or varied; or (ii) the defendant should be allowed to defend the claim. (2) In considering whether to set aside(GL) or vary a judgment entered under Part 12, the matters to which the court must have regard include whether the person seeking to set aside the judgment made an application to do so promptly. (Rule 3.1(3) provides that the court may atta