civil procedure rules uk pdf
Rule 1.Interpretation and exercise of jurisdiction, Rule 3.Application by Treasury Solicitor in certain cases, Rule 4.Person to take and manner of taking examination, RSC ORDER 71 RECIPROCAL ENFORCEMENT OF JUDGMENTS AND ENFORCEMENT OF EUROPEAN COMMUNITY JUDGMENTS AND RECOMMENDATIONS ETC. Rule 1.Security for costs of proceedings, etc. The Civil Procedure Rules (CPR), in particular Parts 31 to 35 and their accompanying Practice Directions (PDs), in addition to the Civil Evidence Acts of 1968, 1972 and 1995. 3. Download PDF Bringing up prisoner to give evidence, etc. Writ of fieri facias de bonis ecclesiasticis, etc. Appeals, etc., affecting industrial and provident societies, etc. KEN_LEGISLATION_CIVIL-PROCEDURE-ACT-AND-RULES_2009_ENG.pdf; File Size: 2.83 MB: File Type: pdf: Published: Jan 1, 2009: Language: English: Author: legislation: Region These Rules provide a new code of civil procedure for the civil courts. Service on behalf of foreign tribunals 8. to Judge sitting in private, Rule 2.Appeals from certain decisions of Masters, etc., to Court of Appeal, Rule 4.Appeals from Judge of the Technology and Construction Court, RSC ORDER 59 APPEALS TO THE COURT OF APPEAL, Rule1B.Classes of case where permission to appeal is required, Rule 2.Application of Order to applications for new trial, Rule 2B.Who may exercise the powers of the Court of Appeal, Rule 7.Amendment of notice of appeal and respondent’s notice, Rule 8.Directions of the Court as to service, Rule 9.Documents to be filed by appellant, Rule 11.Powers of the Court as to new trials, Rule 12A.Non—disclosure of payment into Court, Special Provisions as to Particular Appeals, Rule 17.Appeal against order for revocation of patent, Rule 18.Appeal from Patents Court on appeal from Comptroller, Rule 20.Appeals in cases of contempt of court, Rule 21.Appeals from Social Security Commissioners, Rule 22.Appeals from Value Added Tax Tribunals, Rule 23.Dismissal of patient’s appeal by consent, Rule 24.Appeals from Immigration Appeals Tribunal, Rule 25.Appeals from Special Commissioners, RSC ORDER 60 APPEALS TO COURT OF APPEAL FROM THE RESTRICTIVE PRACTICES COURT, Rule 1.Appeal to be brought by notice of appeal, RSC ORDER 61 APPEALS FROM TRIBUNALS TO COURT OF APPEAL BY CASE STATED, Rule 1.Statement of case by Lands Tribunal, Rule 2.Statement of case by other tribunals, 1.Costs on judgment without trial for possession of land. 200 provisions and might take some time to download. These rules took effect on 26 April 1999. Article 157(2), Constitution Supreme Court Rules, 1996 (CI 16) Court of Appeal Rules, 1997 (CI 19) High Court (Civil Procedure) Rule, 2004 (CI 47) Courts Ordinance, Cap 4 (1951 Rev. 49. Rule 6.Requirements in connection with payments, Rule 2.Assignment of certain actions to Chancery Division, Rule 4.Claim for possession: failure by a defendant to acknowledge service, Rule 5.Claim in Chancery Division for possession or payment: evidence, Rule 5A.Claim for the enforcement of charging order by sale. <> Civil Procedure Rules Part 47, Procedure for detailed assessment of costs and default provisions. 4. Rule 2.Assignment of proceedings to Chancery Division, etc. Filing of witness statement or affidavits and drawing up of orders, Appeals from certain decisions of Masters, etc. Short Title; Applicability and Definitions . The Civil Procedure Rules of Nova Scotia The Civil Procedure Rules govern proceedings in Nova Scotia's Court of Appeal and Supreme Court. This is the original version (as it was originally made). Access essential accompanying documents and information for this legislation item from this tab. 2. The Committeeâs aim is to provide rules of court in line with the aims stated in Lord Woolfâs 1996 report, âAccess to Justiceâ. Reciprocal Enforcement: the Civil Jurisdiction and Judgments Act 1982, Rule 26.Assignment of business and exercise of powers, Rule 28.Evidence in support of application, Rule 31.Register of judgments registered under s.4 of the Act of 1982, Rule 36.Enforcement of High Court judgments in other Contracting States, Rule 37.Enforcement of United Kingdom judgments in other parts of the United Kingdom: money provisions, Rule 38.Enforcement of United Kingdom judgments in other parts of the United Kingdom: non-money provisions, Rule 39.Register of United Kingdom judgments, Rule 39A.Authentic Instruments and Court Settlements, IV. All Rules of Court relating to the procedure in civil proceedings in the Application by the court of the overriding objective, Power of judge, Master or district judge to perform functions of the court, Court’s discretion as to where it deals with cases, Dates for compliance to be calendar dates and to include time of day, Court officer’s power to refer to a judge, Court’s power to make order of its own initiative, Judgment without trial after striking out, Setting aside judgment entered after striking out, Sanctions for non—payment of certain fees, Sanctions have effect unless defaulting party obtains relief, General power of the court to rectify matters where there has been an error of procedure. Interpretation. Rule 8.Application for disclosure, further information, cross—examination, etc. Rule 3.Separate writs to enforce payment of costs, etc. CCR ORDER 34 PENAL AND DISCIPLINARY PROVISIONS, Rule 1.Issue and service of summons for offence under s.14, 92 or 124 of the Act, Rule 1A.Committal under s.14, 92 or 118 of the Act, Rule 2.Notice to show cause before or after fine under s.55 of the Act, CCR ORDER 35 ENFORCEMENT OF COUNTY COURT JUDGMENTS OUTSIDE ENGLAND AND WALES, Part I—Enforcement outside United Kingdom, Rule 2.Application under s.10 of the Act of 1933 for certified copy of county court judgment, Rule 3.Application under s.12 of the Act of 1982 for certified copy of county court judgment, Part II—Enforcement in other parts of the United Kingdom, Rule 5.Application for certificate of money provision, Rule 6.Application for certified copy of judgment containing non-money provision, CCR ORDER 37 REHEARING, SETTING ASIDE AND APPEAL FROM DISTRICT JUDGE, Rule 8.Imposition of terms and stay of execution, Claims for the Recovery of Property, Applications to Enforce an Award. 4 0 obj 2 0 obj The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. OF LAND BY ORDER OF COURT: CONVEYANCING COUNSEL OF THE COURT, Rule 4.Mortgage, exchange or partition under order of the Court, Rule 5.Reference of matters to conveyancing counsel of Court, Rule 6.Objection to conveyancing counsel’s opinion, Rule 8.Obtaining counsel’s opinion on reference, RSC ORDER 44 PROCEEDINGS UNDER JUDGMENTS AND ORDERS: CHANCERY DIVISION, Rule 2.Service of notice of judgment on person not a party, Rule 5.Advertisements for creditors and other claimants, RSC ORDER 45 ENFORCEMENT OF JUDGMENTS AND ORDERS: GENERAL, Rule 1.Enforcement of judgment, etc., for payment of money, Rule 3.Enforcement of judgment for possession of land, Rule 4.Enforcement of judgment for delivery of goods, Rule 5.Enforcement of judgment to do or abstain from doing any act, Rule 6.Judgment, etc. Representation of beneficiaries by trustees, etc. Order 1. Who may be joined as plaintiffs. 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 ... of the territorial waters of the United Kingdom adjoining England and Wales; (5) 1983 c. 20. [Changes made since the publication of the last White Book release are highlighted in red] In his official capacity he can be sued with the leave or permission of the court in terms of Order 6 Rule 1 of the Magistrates Court (Civil) Rules,1980 (Rules). The Whole The CPR represent a single code of rules setting out how a case is to be conducted in the civil courts in England and Wales. Rule 6.Amendment of grounds of appeal, etc. Jurisdiction of High Court to quash certain orders, schemes, etc. Inapplicability of Rule 4 7. Rule 3.Power to order solicitor to deliver cash account, etc. Citation. Rule 6.Order for sale otherwise than by auction. Rule 2.Indorsement of claim in libel claim, Rule 4.Provisions as to payment into Court, Rule 6.Further information not allowed in certain cases, Rule 8.Fulfilment of offer of amends under s.4 of the Defamation Act 1952, RSC ORDER 85 ADMINISTRATION AND SIMILAR ACTIONS, Rule 2.Determination of questions, etc., without administration, Rule 5.Judgments and orders in administration claims, RSC ORDER 87 DEBENTURE HOLDERS' CLAIMS : RECEIVER'S REGISTER, Rule 3.Application for rectification of receiver’s register. The Civil Procedure Rules 1998 for the High Court and County Court. 2.11.Time limits may be varied by parties, PART 3 THE COURT'S CASE MANAGEMENT POWERS, 3.1.The court’s general powers of management, 3.2.Court officer’s power to refer to a judge, 3.3.Court’s power to make order of its own initiative, 3.4.Power to strike out a statement of case, 3.5.Judgment without trial after striking out, 3.6.Setting aside judgment entered after striking out, 3.7.Sanctions for non—payment of certain fees, 3.8.Sanctions have effect unless defaulting party obtains relief, 3.10.General power of the court to rectify matters where there has been an error of procedure. 4.The Tables do not apply where the application or the... Rule 1.Exercise of powers by district judge, Rule 8.Direction for order to be subject to review, Rule 12.Permission to present bankruptcy petition, Rule 13A.Review by court officer in default of payment, Rule 16.Discharge of attachment of earnings order, CCR ORDER 42 PROCEEDINGS BY AND AGAINST THE CROWN, Rule 4.Particulars of claim in claim against the Crown, Rule 6.Subsequent procedure in fixed date claim, Rule 8.Special provisions regarding orders made by the Court of its own initiative against the Crown, Rule 9.Counterclaim in proceedings by or against the Crown, Rule 10.Adjustment of liability under judgment for taxes, Rule 11.Part 20 claim against the Crown where the Crown is not already a party, Rule 13.Execution and satisfaction of orders against the Crown, CCR ORDER 43 THE LANDLORD AND TENANT ACTS 1927, 1954, 1985 AND 1987, Rule 2.Commencement of proceedings and answer, Rule 3.Claim for compensation in respect of improvement, Rule 4.Proceedings under Part I of the Act of 1927, Rule 5.Proceedings under Part I of the Act of 1954, Rule 6.Application for new tenancy under section 24 of the Act of 1954, Rule 7.Answer to application for new tenancy under section 24 of the Act of 1954, Rule 8.Order dismissing application under section 24 which is successfully opposed, Rule 9.Other applications under Part II of the Act of 1954, Rule 10.Service of order in proceedings under Part II of the Act of 1954, Rule 11.Proof of determination of rateable value, Rule 16.Application under section 12 (2) of the Act of 1985, Rule 16A.Transfer to leasehold valuation tribunal, Rule 17.Application under section 19 of the Act of 1987, Rule 18.Application for order under section 24 of the Act of 1987, Rule 19.Application for acquisition order under section 29 of the Act of 1987, Rule 20.Application for order under section 38 or section 40 of the Act of 1987, Rule 21.Service of documents in proceedings under the Act of 1987, CCR ORDER 44 THE AGRICULTURAL HOLDINGS ACT 1986, Rule 3.Removal of arbitrator or setting aside award, Rule 4.Enforcement of order imposing penalty, CCR ORDER 45 THE REPRESENTATION OF THE PEOPLE ACT 1983, Rule 1.Application for detailed assessment of returning officer’s account, Rule 2.Appeal from decision of registration officer, Rule 2.Preliminary consideration and service, CCR ORDER 47 DOMESTIC AND MATRIMONIAL PROCEEDINGS, CCR ORDER 48B ENFORCEMENT OF PARKING PENALTIES UNDER THE ROAD TRAFFIC ACT 1991, Rule 1A.Establishment of the parking enforcement centre, Rule 1.Access to Neighbouring Land Act 1992, Rule 1A.Administration of Justice Act 1970, Rule 4A.Applications under section 114, 204 and 231 of the Copyright, Designs and Patents Act 1988, Rule 6.Housing Act 1988: assured tenancies, Rule 6A.Housing Act 1988: assured shorthold tenancies, Rule 6B.Housing Act 1996: injunctions and powers of arrest. The Criminal Procedure Rules are rules about criminal court procedure in magistratesâ courts, the Crown Court, the Court of Appeal and, in extradition appeal cases, the High Court. Article 2 . GOV UK; For citizen and business advice on justice, rights and more visit GOV.UK Rule 15.Application under section 19 or 27 of Leasehold Reform Act 1967, Rule16.Proceedings under the Commons Registration Act 1965, Rule 17.Proceedings under section 21 or 25 of the Law of Property Act 1969, Rule 18.Proceedings under section 86 of the Civil Aviation Act 1982, Rule 19.Proceedings under s.85 (7) of the Fair Trading Act 1973 and the Control of Misleading Advertisements Regulations 1988, Rule 20.Proceedings under section 50 of the Administration of Justice Act 1985, Rule 21.Proceedings under section 48 of the Administration of Justice Act 1985, Rule 22.Proceedings under the Financial Services Act 1986, Rule 23.Proceedings under the Banking Act 1987, RSC ORDER 94 APPLICATIONS AND APPEALS TO HIGH COURT UNDER VARIOUS ACTS: QUEEN'S BENCH DIVISION. RSC ORDER 48 EXAMINATION OF JUDGMENT DEBTOR, ETC. Rule 9.Failure to proceed after death of party. Enforcement of judgments and orders for recovery of money, etc. introduced new rules. Consolidated Laws of New York. 31.15.Inspection and copying of documents, 31.16.Disclosure before proceedings start, 31.17.Orders for disclosure against a person not a party, 31.18.Rules not to limit other powers of the court to order disclosure, 31.19.Claim to withhold inspection or disclosure of a document, 31.20.Restriction on use of a privileged document inspection of which has been inadvertently allowed, 31.21.Consequence of failure to disclose documents or permit inspection, 31.22.Subsequent use of disclosed documents, 32.3.Evidence by video link or other means, 32.4.Requirement to serve witness statements for use at trial, 32.5.Use at trial of witness statements which have been served, 32.6.Evidence in proceedings other than at trial, 32.10.Consequence of failure to serve witness statement or summary, 32.11.Cross-examination on a witness statement, 32.12.Use of witness statements for other purposes, 32.13.Availability of witness statements for inspection, 32.17.Affidavit made outside the jurisdiction, 32.19.Notice to admit or produce documents, PART 33 MISCELLANEOUS RULES ABOUT EVIDENCE, 33.2.Notice of intention to rely on hearsay evidence, 33.3.Circumstances in which notice of intention to rely on hearsay evidence is not required, 33.4.Power to call witness for cross-examination on hearsay evidence, 33.6.Use of plans, photographs and models as evidence, 33.7.Evidence of finding on question of foreign law, 33.8.Evidence of consent of trustee to act, PART 34 DEPOSITIONS AND COURT ATTENDANCE BY WITNESSES, 34.4.Witness summons in aid of inferior court or of tribunal, 34.7.Right of witness to travelling expenses and compensation for loss of time, 34.12.Restrictions on subsequent use of deposition taken for the purpose of any hearing except the trial, 34.13.Where a person to be examined is out of the jurisdiction—letter of request, 35.3.Experts—overriding duty to the court, 35.4.Court’s power to restrict expert evidence, 35.5.General requirement for expert evidence to be given in a written report, 35.7.Court’s power to direct that evidence is to be given by a single joint expert, 35.8.Instructions to a single joint expert, 35.9.Power of court to direct a party to provide information, 35.11.Use by one party of expert’s report disclosed by another, 35.13.Consequence of failure to disclose expert’s report, 35.14.Expert’s right to ask court for directions, PART 36 OFFERS TO SETTLE AND PAYMENTS INTO COURT, 36.2.Part 36 offers and Part 36 payments—general provisions, 36.3.A defendant’s offer to settle a money claim requires a Part 36 payment, 36.4.Defendant’s offer to settle the whole of a claim which includes both a money claim and a non-money claim, 36.7.Offer to settle a claim for provisional damages, 36.8.Time when a Part 36 offer or a Part 36 payment is made and accepted, 36.9.Clarification of a Part 36 offer or a Part 36 payment notice, 36.10.Court to take into account offer to settle made before commencement of proceedings, 36.11.Time for acceptance of a defendant’s Part 36 offer or Part 36 payment, 36.12.Time for acceptance of a claimant’s Part 36 offer, 36.13.Costs consequences of acceptance of a defendant’s Part 36 offer or Part 36 payment, 36.14.Costs consequences of acceptance of a claimant’s Part 36 offer, 36.15.The effect of acceptance of a Part 36 offer or a Part 36 payment, 36.16.Payment out of a sum in court on the acceptance of a Part 36 payment, 36.17.Acceptance of a Part 36 offer or a Part 36 payment made by one or more, but not all, defendants, 36.18.Other cases where a court order is required to enable acceptance of a Part 36 offer or a Part 36 payment, 36.19.Restriction on disclosure of a Part 36 offer or a Part 36 payment, 36.20.Costs consequences where claimant fails to do better than a Part 36 offer or a Part 36 payment, 36.21.Costs and other consequences where claimant does better than he proposed in his Part 36 offer, PART 37 MISCELLANEOUS PROVISIONS ABOUT PAYMENTS INTO COURT, 37.1.Money paid into court under a court order—general, 37.2.Money paid into court may be treated as a Part 36 payment, 37.3.Money paid into court where defendant wishes to rely on defence of tender before claim, 37.4.Proceedings under Fatal Accidents Act 1976 and Law Reform (Miscellaneous Provisions) Act 1934—apportionment by court, 38.4.Right to apply to have notice of discontinuance set aside, 38.5.When discontinuance takes effect where permission of the court is not needed, 38.7.Discontinuance and subsequent proceedings, 38.8.Stay of remainder of partly discontinued proceedings where costs not paid, PART 39 MISCELLANEOUS PROVISIONS RELATING TO HEARINGS, 39.2.General rule—hearing to be in public, 39.6.Representation at trial of companies or other corporations, 40.3.Drawing up and filing of judgments and orders, 40.5.Power to require judgment or order to be served on a party as well as his solicitor, 40.8.Time from which interest begins to run, 40.9.Who may apply to set aside or vary a judgment or order, 40.10.Judgment against a State in default of acknowledgment of service, 40.11.Time for complying with a judgment or order, 40.12.Correction of errors in judgments and orders, 40.13.Cases where court gives judgment both on claim and counterclaim, 40.14.Judgment in favour of certain part owners relating to the detention of goods, 41.2.Order for an award of provisional damages, 42.2.Change of solicitor—duty to give notice, 42.3.Order that a solicitor has ceased to act, 42.4.Removal of solicitor who has ceased to act on application of another party, PART 43 SCOPE OF COST RULES AND DEFINITIONS, 44.3.Court’s discretion and circumstances to be taken into account when exercising its discretion as to costs, 44.5.Factors to be taken into account in deciding the amount of costs, 44.8.Time for complying with an order for costs, 44.9.Costs on the small claims track and fast track, 44.10.Limitation on amount court may allow where a claim allocated to the fast track settles before trial, 44.11.Costs following allocation and re-allocation, 44.12.Cases where costs orders deemed to have been made, 44.14.Court’s powers in relation to misconduct, 45.3.When defendant only liable for fixed commencement costs, 46.3.Power to award more or less than the amount of fast track trial costs, 46.4.Fast track trial costs where there is more than one claimant or defendant, PART 47 PROCEDURE FOR DETAILED ASSESSMENT OF COSTS AND DEFAULT PROVISIONS, SECTION I—GENERAL RULES ABOUT DETAILED ASSESSMENT, 47.1.Time when detailed assessment may be carried out, 47.2.No stay of detailed assessment where there is an appeal, 47.3.Powers of an authorised court officer, 47.4.Venue for detailed assessment proceedings, SECTION II—COSTS PAYABLE BY ONE PARTY TO ANOTHER—COMMENCE MENT OF DETAILED ASSESSMENT PROCEEDINGS, 47.6.Commencement of detailed assessment proceedings, 47.7.Period for commencing detailed assessment proceedings, 47.8.Sanction for delay in commencing detailed assessment proceedings, 47.9.Points of dispute and consequence of not serving, SECTION III—COSTS PAYABLE BY ONE PARTY TO ANOTHER—DEFAULT PROVISIONS, 47.12.Setting aside default costs certificate, SECTION IV—COSTS PAYABLE BY ONE PARTY TO ANOTHER—PROCEDURE WHERE POINTS OF 7DISPUTE ARE SERVED, SECTION V—INTERIM COSTS CERTIFICATE AND FINAL COSTS CERTIFICATE, 47.15.Power to issue an interim certificate, SECTION VI—DETAILED ASSESSMENT PROCEDURE FOR COSTS OF AN ASSISTED PERSON WHERE COSTS ARE PAYABLE OUT OF THE LEGAL AID FUND, 47.17.Detailed assessment procedure for costs of an assisted person where costs are payable out of the legal aid fund, SECTION VII—COSTS OF DETAILED ASSESSMENT PROCEEDINGS, 47.18.Liability for costs of detailed assessment proceedings, 47.19.Offers to settle without prejudice save as to costs of the detailed assessment proceedings, SECTION VIII—APPEAL AGAINST DECISIONS IN DETAILED ASSESSMENT PROCEEDINGS, 47.21.Preliminary requirements for bringing an appeal, 47.24.Obtaining the court’s permission to appeal, SECTION 1—COSTS PAYABLE BY OR TO PARTICULAR PERSONS, 48.1.Pre-commencement disclosure and orders for disclosure against a person who is not a party, 48.2.Costs orders in favour of or against non-parties, 48.3.Amount of costs where costs are payable pursuant to a contract, 48.4.Limitations on court’s power to award costs in favour of trustee or personal representative, 48.5.Costs where money is payable by or to a child or patient, SECTION II—COSTS RELATING TO SOLICITORS AND OTHER LEGAL REPRE SENTATIVES, 48.7.Personal liability of legal representative for costs—wasted costs orders, 48.8.Basis of detailed assessment of solicitor and client costs. 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