Matters occurring after judgment: stay of execution, etc. Leasehold Reform, Housing and Urban Development Act 1993, Local Government (Miscellaneous Provisions) Act 1976, Sex Discrimination Act 1975 and Race Relations Act 1976, Applications under section 19 of the Trade Marks Act 1994, Trade Union and Labour Relations Consolidation Act 1992, the original print PDF of the as enacted version that was used for the print copy, lists of changes made by and/or affecting this legislation item, confers power and blanket amendment details, links to related legislation and further information resources. The Civil Procedure Rules. 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. Instrument you have selected contains over THE CIVIL PROCEDURE ACT (Cap. RSC ORDER 15 CAUSES OF ACTION, COUNTERCLAIMS AND PARTIES. %���� Part VI of the Criminal Justice Act 1988, Rule 23.Application of Part I of Order 115, III: Prevention of Terrorism (Temporary Provisions) Act 1989, Rule 31.Evidence in support of application, Rule 34.Application to vary or set aside registration, Rule 36.Variation and cancellation of registration, CCR ORDER 1 CITATION, APPLICATION AND INTERPRETATION, Rule 6.Application of RSC to county court proceedings, CCR ORDER 4 VENUE FOR BRINGING PROCEEDINGS, Rule 7.Representation of estate where no personal representative, Rule 9.Partners may sue and be sued in firm name, Rule 10.Defendant carrying on business in another name, Rule 12.Failure to proceed after death of party, Rule 13.Claim to money in court where change in parties after judgment, CCR ORDER 13 APPLICATIONS AND ORDERS IN THE COURSE OF PROCEEDINGS, Rule 7.Interpleader proceedings under execution, CCR ORDER 24 SUMMARY PROCEEDINGS FOR THE RECOVERY OF LAND, Rule 2.Witness statement or affidavit in support, Rule 4.Application by occupier to be made a party, Rule 9.Conditions for interim possession order application, Rule 11.Service of the notice of application, Rule 13.Service and enforcement of the interim possession order, Rule 14.Matters arising after making of an interim possession order, Rule 15.Application to set aside an interim possession order, CCR ORDER 25 ENFORCEMENT OF JUDGMENTS AND ORDERS: GENERAL, Rule 2.Transfer of proceedings for enforcement, Rule 4.Examination of debtor under judgment not for money, Rule 7.Recording and giving information as to warrants and orders, Rule 8.Suspension of judgment or execution, Rule 9.Enforcement of judgment or order against firm, Rule 10.Enforcing judgment between a firm and its members, Rule 11.Enforcement of High Court judgment, Rule 13.Transfer to High Court for enforcement, CCR ORDER 26 WARRANTS OF EXECUTION, DELIVERY AND POSSESSION, Rule 1.Application for warrant of execution, Rule 5.Permission to issue certain warrants, Rule 8.Bankruptcy or winding up of debtor, Rule 10.Withdrawal and suspension of warrant at creditor’s request, Rule 12.Inventory and notice where goods removed, Rule 14.Notification to foreign court of payment made, Rule 18.Saving for enforcement by committal, Rule 8.Failure by debtor—maintenance orders, Rule 11.Application to determine whether particular payments are earnings, Rule 13.Variation and discharge by court of own motion. Dependent on the legislation item being viewed this may include: All content is available under the Open Government Licence v3.0 except where otherwise stated. Rule 3.Application for order after leave to apply granted, Rule 4.Application to Court other than Divisional Court, Rule 5.Saving for power to commit without application for purpose, Rule 7.Power to suspend execution of committal order, RSC ORDER 53 APPLICATIONS FOR JUDICIAL REVIEW, Rule1.Cases appropriate for application for judicial review, Rule 3.Grant of leave to apply for judicial review, Rule 5.Mode of applying for judicial review. 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. What are the main sources of the rules of evidence that regulate civil proceedings in your jurisdiction? <>/Font<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 720 540] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> 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. 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. 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. 3—Who may be joined as defendants. Jurisdiction of High Court to quash certain orders, schemes, etc. simplifying the existing rules Privacy notice (PDF, 364KB, 4 pages) 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). must be served with particulars of claim, 8.1.Types of claim in which Part 8 procedure may be followed, 8.4.Consequence of not filing an acknowledgment of service, 8.8.Procedure where defendant objects to use of the Part 8 procedure, PART 9 RESPONDING TO PARTICULARS OF CLAIM—GENERAL, 9.2.Defence, admission or acknowledgment of service, 10.2.Consequence of not filing an acknowledgment of service, 10.3.The period for filing an acknowledgment of service, 10.4.Notice to claimant that defendant has filed an acknowledgment of service, 10.5.Contents of acknowledgment of service, PART 11 DISPUTING THE COURT'S JURISDICTION, 11.Procedure for disputing the court’s jurisdiction, 12.2.Claims in which default judgment may not be obtained, 12.4.Procedure for obtaining default judgment, 12.5.Nature of judgment where default judgment obtained by filing a request, 12.7.Procedure for deciding an amount or value, 12.8.Claim against more than one defendant, 12.9.Procedure for obtaining a default judgment for costs only, 12.10.Default judgment obtained by making an application, 12.11.Supplementary provisions where applications for default judgment are made, PART 13 SETTING ASIDE OR VARYING DEFAULT JUDGMENT, 13.2.Cases where the court must set aside judgment entered under Part 12, 13.3.Cases where the court may set aside or vary judgment entered under Part 12, 13.4.Application to set aside or vary judgment—procedure, 13.5.Claimant’s duty to apply to set aside judgment, 13.6.Abandoned claim restored where default judgment set aside, 14.3.Admission by notice in writing—application for judgment, 14.4.Admission of whole of claim for specified amount of money, 14.5.Admission of part of a claim for a specified amount of money, 14.6.Admission of liability to pay whole of claim for unspecified amount of money, 14.7.Admission of liability to pay claim for unspecified amount of money where defendant offers a sum in satisfaction of the claim, 14.8.Allocation of claims in relation to outstanding matters, 14.11.Determination of rate of payment by court officer, 14.12.Determination of rate of payment by judge, 15.1.Part not to apply where claimant uses the Part 8 procedure, 15.5.Agreement extending the period for filing a defence, 15.9.No statement of case after a reply to be filed without court’s permission, 15.10.Claimant’s notice where defence is that money claimed has been paid, 15.11.Claim stayed if it is not defended or admitted, 16.1.Part not to apply where claimant uses Part 8 procedure, 16.3.Statement of value to be included in the claim form, 16.4.Contents of the particulars of claim, 16.8.Court’s power to dispense with statements of case, 17.2.Power of court to disallow amendments made without permission, 17.3.Amendments to statements of case with the permission of the court, 17.4.Amendments to statements of case after the end of a relevant limitation period, 18.2.Restriction on the use of further information, PART 19 ADDITION AND SUBSTITUTION OF PARTIES, 19.2.Provisions applicable where two or more persons are jointly entitled to a remedy, 19.3.Procedure for adding and substituting parties, 19.4.Special provisions about adding or substituting parties after the end of a relevant limitation period, PART 20 COUNTERCLAIMS AND OTHER ADDITIONAL CLAIMS, 20.3.Part 20 claim to be treated as a claim for the purposes of the Rules, 20.4.Defendant’s counterclaim against the claimant, 20.5.Counterclaim against a person other than the claimant, 20.6.Defendant’s claim for contribution or indemnity from co-defendant, 20.7.Procedure for making any other Part 20 claim, 20.9.Matters relevant to question of whether a Part 20 claim should be separate from main claim, 20.10.Effect of service of a Part 20 claim, 20.11.Special provisions relating to default judgment on a Part 20 claim other than a counterclaim or a contribution or indemnity notice, 20.12.Procedural steps on service of a Part 20 claim form on a non-party, 20.13.Case management where there is a defence to a Part 20 claim form, 21.2.Requirement for litigation friend in proceedings by or against children and patients, 21.3.Stage of proceedings at which a litigation friend becomes necessary, 21.4.Who may be a litigation friend without a court order, 21.5.How a person becomes a litigation friend without a court order, 21.6.How a person becomes a litigation friend by court order, 21.7.Court’s power to change litigation friend and to prevent person acting as litigation friend, 21.8.Appointment of litigation friend by court order—supplementary, 21.9.Procedure where appointment of litigation friend ceases, 21.10.Compromise etc. Rule 9.Bringing up prisoner to give evidence, etc. 49. Rule 3.Separate writs to enforce payment of costs, etc. 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. The Civil Procedure Rule Committee was established in 1997 to make rules of court (Civil Procedure Rules) to replace the previous Rules of the Supreme Court and the County Court Rules. The Criminal Procedure Rules are rules about criminal court procedure in magistrates’ courts, the Crown Court, the Court of Appeal and, in extradition appeal cases, the High Court. As created by order of this Court originally dated November 9, 1983, the Committee is composed of members who represent the bench, bar, and the law schools of this state. Rule 7.Change of parties by reason of death, etc. 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. Application under section 19 or 27 of Leasehold Reform Act 1967, Proceedings under the Commons Registration Act 1965, Proceedings under section 21 or 25 of the Law of Property Act 1969, Proceedings under section 86 of the Civil Aviation Act 1982, Proceedings under s.85 (7) of the Fair Trading Act 1973 and the Control of Misleading Advertisements Regulations 1988, Proceedings under section 50 of the Administration of Justice Act 1985, Proceedings under section 48 of the Administration of Justice Act 1985, Proceedings under the Financial Services Act 1986. <> 1. 4 of 1974, Sch., Rule 2.Appeal under section 222 of the Inheritance Tax Act 1984, Rule 3.Setting down case stated under Taxes Management Act 1970, Rule 4.Case stated: notice to be given of certain matters, Rule 5.Appeals under section 53 and 100C (4) of the Taxes Management Act 1970, Rule 5A.Appeals under section 56A of the Taxes Management Act 1970, section 225 of the Inheritance Tax Act 1984 and regulation 10 of the Stamp Duty Reserve Tax Regulations 1986, Rule 6.Appeals from value added tax tribunals, RSC ORDER 92 LODGMENT, INVESTMENT, ETC., OF FUNDS IN COURT: CHANCERY DIV ISION, Rule 1.Payment into court by life assurance company, Rule 2.Payment into court under Trustee Act 1925, Rule 3A.Payments into court under section 26, Banking Act 1987, Rule 5.Applications with respect to funds in court, RSC ORDER 93 APPLICATIONS AND APPEALS TO HIGH COURT UNDER VARIOUS ACTS: CHANCERY DIVISION, Rule1.Notice of petition under section 55 of National Debt Act 1870, Rule 2.Application under Public Trustee Act 1906, Rule 4.Proceedings under Trustee Act 1925, Rule 5.Application under section 2(3) of Public Order Act 1936, Rule 6.Application under Variation of Trusts Act 1958, Rule 9.Right of appeal under Law of Property Act, Rule 10.Determination of appeal or case stated under various Acts, Rule11.Appeal under section 17 of Industrial Assurance Act 1923. Rule 7.Injunctions to prevent environmental harm: Town and Country Planning Act 1990 etc. No expenses of execution in certain cases. Online Procedure and Online Procedure Rules Committee . The Civil Procedure Rules (CPR) are the rules of civil procedure used by the Court of Appeal, High Court of Justice, and County Courts in civil cases in England and Wales. Examination of party liable to satisfy other judgment, Examiner to make record of debtor’s statement, Attachment of debt due to judgment debtor, Service and effect of order to show cause, No appearance or dispute of liability by garnishee, Order imposing a charge on a beneficial interest, Order imposing a charge on an interest held by a trustee, Effect of order in relation to securities out of Court, Effect of order in relation to funds in Court, Jurisdiction of Master, etc., to grant injunction, Order prohibiting transfer, etc. The Civil Procedure Rules (CPR) are a common set of rules governing civil procedure in England and Wales. Rule 14.Representation of beneficiaries by trustees, etc. Rule 11.Matters occurring after judgment: stay of execution, etc. Citizen and business advice. may also experience some issues with your browser, such as an alert box that a script is taking a This is the original version (as it was originally made). introduced new rules. Orders for disclosure against a person not a party, Rules not to limit other powers of the court to order disclosure, Claim to withhold inspection or disclosure of a document, Restriction on use of a privileged document inspection of which has been inadvertently allowed, Consequence of failure to disclose documents or permit inspection, Requirement to serve witness statements for use at trial, Use at trial of witness statements which have been served, Evidence in proceedings other than at trial, Consequence of failure to serve witness statement or summary, Use of witness statements for other purposes, Availability of witness statements for inspection, Notice of intention to rely on hearsay evidence, Circumstances in which notice of intention to rely on hearsay evidence is not required, Power to call witness for cross-examination on hearsay evidence, Use of plans, photographs and models as evidence, Evidence of finding on question of foreign law, Witness summons in aid of inferior court or of tribunal, Right of witness to travelling expenses and compensation for loss of time, Restrictions on subsequent use of deposition taken for the purpose of any hearing except the trial, Where a person to be examined is out of the jurisdiction—letter of request, Court’s power to restrict expert evidence, General requirement for expert evidence to be given in a written report, Court’s power to direct that evidence is to be given by a single joint expert, Power of court to direct a party to provide information, Use by one party of expert’s report disclosed by another, Consequence of failure to disclose expert’s report, Expert’s right to ask court for directions, Part 36 offers and Part 36 payments—general provisions, A defendant’s offer to settle a money claim requires a Part 36 payment, Defendant’s offer to settle the whole of a claim which includes both a money claim and a non-money claim, Offer to settle a claim for provisional damages, Time when a Part 36 offer or a Part 36 payment is made and accepted, Clarification of a Part 36 offer or a Part 36 payment notice, Court to take into account offer to settle made before commencement of proceedings, Time for acceptance of a defendant’s Part 36 offer or Part 36 payment, Time for acceptance of a claimant’s Part 36 offer, Costs consequences of acceptance of a defendant’s Part 36 offer or Part 36 payment, Costs consequences of acceptance of a claimant’s Part 36 offer, The effect of acceptance of a Part 36 offer or a Part 36 payment, Payment out of a sum in court on the acceptance of a Part 36 payment, Acceptance of a Part 36 offer or a Part 36 payment made by one or more, but not all, defendants, Other cases where a court order is required to enable acceptance of a Part 36 offer or a Part 36 payment, Restriction on disclosure of a Part 36 offer or a Part 36 payment, Costs consequences where claimant fails to do better than a Part 36 offer or a Part 36 payment, Costs and other consequences where claimant does better than he proposed in his Part 36 offer, Money paid into court under a court order—general, Money paid into court may be treated as a Part 36 payment, Money paid into court where defendant wishes to rely on defence of tender before claim, Proceedings under Fatal Accidents Act 1976 and Law Reform (Miscellaneous Provisions) Act 1934—apportionment by court, Right to apply to have notice of discontinuance set aside, When discontinuance takes effect where permission of the court is not needed, Discontinuance and subsequent proceedings, Stay of remainder of partly discontinued proceedings where costs not paid, Representation at trial of companies or other corporations, Drawing up and filing of judgments and orders, Power to require judgment or order to be served on a party as well as his solicitor, Who may apply to set aside or vary a judgment or order, Judgment against a State in default of acknowledgment of service, Time for complying with a judgment or order, Correction of errors in judgments and orders, Cases where court gives judgment both on claim and counterclaim, Judgment in favour of certain part owners relating to the detention of goods, Order for an award of provisional damages, Removal of solicitor who has ceased to act on application of another party, Court’s discretion and circumstances to be taken into account when exercising its discretion as to costs, Factors to be taken into account in deciding the amount of costs, Time for complying with an order for costs, Costs on the small claims track and fast track, Limitation on amount court may allow where a claim allocated to the fast track settles before trial, Costs following allocation and re-allocation, Cases where costs orders deemed to have been made, When defendant only liable for fixed commencement costs, Power to award more or less than the amount of fast track trial costs, Fast track trial costs where there is more than one claimant or defendant, Time when detailed assessment may be carried out, No stay of detailed assessment where there is an appeal, Venue for detailed assessment proceedings, Commencement of detailed assessment proceedings, Period for commencing detailed assessment proceedings, Sanction for delay in commencing detailed assessment proceedings, Points of dispute and consequence of not serving, Detailed assessment procedure for costs of an assisted person where costs are payable out of the legal aid fund, Liability for costs of detailed assessment proceedings, Offers to settle without prejudice save as to costs of the detailed assessment proceedings, Preliminary requirements for bringing an appeal, Obtaining the court’s permission to appeal, Pre-commencement disclosure and orders for disclosure against a person who is not a party, Costs orders in favour of or against non-parties, Amount of costs where costs are payable pursuant to a contract, Limitations on court’s power to award costs in favour of trustee or personal representative, Costs where money is payable by or to a child or patient, Personal liability of legal representative for costs—wasted costs orders, Basis of detailed assessment of solicitor and client costs. 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