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.Enforcing judgment or order in actions between partners, etc. Rule 9.Service of petition and order etc. Claim for compensation in respect of improvement, Application for new tenancy under section 24 of Act of 1954, Evidence on application under section 24 of Act of 1954, Order dismissing application under section 24 which is successfully opposed, Other applications under Part II of Act of 1954, Transfer of proceedings from county court, Application for relief under section 16, etc., of the Act of 1954, Application under section 19 of the Act of 1987, Application for order under section 24 of the Act of 1987, Application for acquisition order under section 29 of the Act of 1987, Application for order under section 38 or section 40 of the Act of 1987, Service of notices in proceedings under the Act of 1987, Assignment to Chancery or Family Division if proceedings in High Court, Subsequent applications in proceedings under section 1. requiring act to be done: order fixing time for doing it, Rule 7.Service of copy of judgment, etc., prerequisite to enforcement under r.5, Rule 8.Court may order act to be done at expense of disobedient party, Rule 9.Execution by or against person not being a party. 4—Court may give judgment for or against one or more of joint parties. Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. Short Title; Applicability and Definitions . endobj The New Civil Procedure Rules Scottish Civil Justice Council 2 Civil Justice Council needs to know what you think about those topics identified, in Chapter 11, as forming the focus of our next year of work. Introduction . Citation. 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. Download PDF Matters occurring after judgment: stay of execution, etc. The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download. Applications relative to the custody, etc., of child, Service of notice of appeal and entry of appeal, Right of Minister, etc., to appear and be heard, Appeals from the Crown Court by case stated, Appeals relating to affiliation proceedings and care proceedings, Appeal from Magistrates' Court by case stated. by or on behalf of child or patient, Control of money recovered by or on behalf of child or patient, Appointment of guardian of child’s estate, Documents to be verified by a statement of truth, Power of the court to require a document to be verified, Meaning of “application notice” and “respondent”, Service of a copy of an application notice, Applications which may be dealt with without a hearing, Service of application where application made without notice, Application to set aside or vary order made without notice, Power of the court to proceed in the absence of a party, Types of proceedings in which summary judgment is available, Evidence for the purposes of a summary judgment hearing, Court’s powers when it determines a summary judgment application, Time when an order for an interim remedy may be made, Application for an interim remedy where there is no related claim, Inspection of property before commencement or against a non-party, Interim payments—conditions to be satisfied and matters to be taken into account, Powers of court where it has made an order for interim payment, Restriction on disclosure of an interim payment, Interim injunction to cease if claim is stayed, Matters relevant to allocation to a track, Power of court to add to, vary or revoke directions, Non-attendance of parties at a final hearing, Claim re-allocated from the small claims track to another track, Fixing or confirming the trial date and giving directions, Case management conference and pre-trial review, Setting a trial timetable and fixing or confirming the trial date or week, Transfer between county courts and within the High Court, Transfer between Divisions and to and from a specialist list, Power to specify place where hearings are to be held, Right of inspection of a disclosed document, Disclosure limited to standard disclosure, Standard disclosure—what documents are to be disclosed, Duty of disclosure limited to documents which are or have been in party’s control, Duty of disclosure continues during proceedings. Instrument you have selected contains over “rules” means rules and forms made by the Rules Committee to regulate the procedure of courts; “share in a corporation” includes stock, debenture stock, debentures and bonds; “suit” means all civil proceedings commenced in any manner prescribed. Date from which practice directions and guides take effect……… Rule 4.4 Compliance with practice directions……………………………… Rule 4.5 Civil litigation and Civil Procedure Rules. 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. The Whole The purpose of the Rules was to simplify the civil procedure process. 3. Rule 8.Application for disclosure, further information, cross—examination, etc. For more information see the EUR-Lex public statement on re-use. Application to vary or cancel registration, Application for registration of suspension order, Application for enforcement of Euratom inspection order, Assignment of business and exercise of powers, Register of judgments registered under s.4 of the Act of 1982, Enforcement of High Court judgments in other Contracting States, Enforcement of United Kingdom judgments in other parts of the United Kingdom: money provisions, Enforcement of United Kingdom judgments in other parts of the United Kingdom: non-money provisions, Authentic Instruments and Court Settlements, Summary applications to the Court in certain revenue matters, Joinder of Commissioners of Inland Revenue, Interpleader: application for order against Crown, Applications under ss.17 and 29 of Crown Proceedings Act, Application for warrant to arrest witness, Claims by and against firms within jurisdiction, Acknowledgment of service in a claim against firm. 50. 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. The Schedules you have selected contains over 200 provisions and might take some time to download. [Changes made since the publication of the last White Book release are highlighted in red] The Whole Instrument you have selected contains over 200 provisions and might take some time to download. endobj Certificate to be submitted with solicitor’s application for detailed assessment, Defendants to applications under Schedule 1 to Act, Interim order restricting payment out of banking account, Constitution of Divisional Court to hear appeals, Title, service, etc., of notice of appeal, Restriction on requiring security for costs, Disciplinary committee’s opinion may be required, Application for permission to appeal or to take charity proceedings, Application for enforcement of order or direction of Commissioners, Appeal against order, etc., of Commissioners, Injunctions to prevent environmental harm, Judge by whom appeals and references to be heard, Appeal: preliminary statement of facts by Secretary of State, Powers of Court hearing appeal or reference, Applications involving children under 16 and patients, Addition as a party of person to be tested, Service of direction and adjournment of proceedings, Witness statement or affidavit in support, Application by occupier to be made a party, Schedule to order to set out request for ruling, Transmission of order to the European Court, Application for restraint order or charging order, Compensation for, discharge and variation of confiscation order, Exercise of powers under sections 37 and 40, Evidence in support of application under section 37, Evidence in support of application under section 40 (1), Application to vary or set aside registration, Variation, satisfaction and discharge of registered order, Criminal Justice (International Co-operation) Act 1990: external forfeiture orders, Variation and cancellation of registration, Application of RSC to county court proceedings, Representation of estate where no personal representative, Partners may sue and be sued in firm name, Defendant carrying on business in another name, Claim to money in court where change in parties after judgment, Conditions for interim possession order application, Service and enforcement of the interim possession order, Matters arising after making of an interim possession order, Application to set aside an interim possession order, Examination of debtor under judgment not for money, Recording and giving information as to warrants and orders, Enforcement of judgment or order against firm, Enforcing judgment between a firm and its members, Withdrawal and suspension of warrant at creditor’s request, Notification to foreign court of payment made, Application to determine whether particular payments are earnings, Variation and discharge by court of own motion. other suitable forms of ADR) in civil cases in the Civil Procedure Rules, case law and the powers of the court. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run. (1) The forms set out in a practice direction shall... Signature of documents by mechanical means, Part 6 rules about service apply generally, Service of documents on children and patients, General rules about service subject to special rules about service of claim form, Service of claim form by the court—defendant’s address for service, Certificate of service relating to the claim form, Service of the claim form by contractually agreed method, Service of claim form on agent of principal who is overseas, Right to use one claim form to start two or more claims, Extension of time for serving a claim form, Application by defendant for service of claim form, Form for defence etc. (1) The Schedules to these Rules set out, with modifications,... 51.A practice direction shall make provision for the extent to... RSC ORDER 10 SERVICE OF ORIGINATING PROCESS: GENERAL PROVISIONS, Rule 4.Service of claim form in certain actions for possession of land, RSC ORDER 11 SERVICE OF PROCESS, ETC., OUT OF THE JURISDICTION, Rule 1.Principal cases in which service of claim form out of jurisdiction is permissible, Rule1A.The period for filing an acknowledgment of service or filing or serving an admission where the claim form is served under rule 1(2), Rule1B.The period for filing a defence where the claim form is served under rule 1(2), Rule 4.Application for, and grant of, permission to serve claim form out of jurisdiction, Rule 5.Service of claim form abroad: general, Rule 6.Service of claim form abroad through foreign governments, judicial authorities and British consuls, Rule 7.Service of claim form in certain actions under certain Acts, Rule 8.Undertaking to pay expenses of service by Secretary of State, Rule 8A.Applications for an interim remedy under section 25 (1) of the Civil Jurisdiction and Judgments Act 1982. %���� Hearing of application for judicial review, Saving for person acting in obedience to mandamus, Proceedings for disqualification of member of local authority, Application for writ of habeas corpus ad subjiciendum, Power of Court to whom application made without notice being served on any other party, Copies of witness statement or affidavits to be supplied, Power to order release of person restrained. : SUPPLEMENTARY PROVISIONS, Rule 4.Filing of witness statement or affidavits and drawing up of orders, RSC ORDER 58 APPEALS FROM MASTERS, REGISTRARS, REFEREES AND JUDGES, Rule 1.Appeals from certain decisions of Masters, etc. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. Rule 6.Case stated by Magistrates' Court: filing case, etc. Enforcement of Recommendations etc. You The Civil Procedure Rules. RSC ORDER 70 OBTAINING EVIDENCE FOR FOREIGN COURTS, ETC. 4 of 1974, Sch., Proof of title of holder of bearer debenture, etc. Under the Merchant Shipping (Liner Conferences) Act 1982, Rule 42.Evidence in support of application, RSC ORDER 74 APPLICATIONS AND APPEALS UNDER THE MERCHANT SHIPPING ACT 1995, RSC ORDER 77 PROCEEDINGS BY AND AGAINST THE CROWN, Rule 3.Particulars to be included in claim form, Rule 8.Summary applications to the Court in certain revenue matters, Rule 8A.Joinder of Commissioners of Inland Revenue, Rule 11.Interpleader: application for order against Crown, Rule 12.Disclosure and further information, Rule 15.Execution and satisfaction of orders, Rule 17.Proceedings relating to postal packets, Rule 18.Applications under ss.17 and 29 of Crown Proceedings Act, Rule 11.Application for warrant to arrest witness, Rule 1.Claims by and against firms within jurisdiction, Rule 4.Acknowledgment of service in a claim against firm, Rule 5.Enforcing judgment or order against firm. Assignment of certain actions to Chancery Division, Claim for possession: failure by a defendant to acknowledge service, Claim in Chancery Division for possession or payment: evidence, Claim for the enforcement of charging order by sale, Appeal under section 222 of the Inheritance Tax Act 1984, Setting down case stated under Taxes Management Act 1970, Case stated: notice to be given of certain matters, Appeals under section 53 and 100C (4) of the Taxes Management Act 1970, 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, Payment into court by life assurance company, Payment into court under Trustee Act 1925, Payments into court under section 26, Banking Act 1987, Applications with respect to funds in court, Notice of petition under section 55 of National Debt Act 1870, Application under Public Trustee Act 1906, Application under section 2(3) of Public Order Act 1936, Application under Variation of Trusts Act 1958, Right of appeal under Law of Property Act, Determination of appeal or case stated under various Acts, Appeal under section 17 of Industrial Assurance Act 1923. Citizen and business advice. The Civil Procedure Rules of Nova Scotia The Civil Procedure Rules govern proceedings in Nova Scotia's Court of Appeal and Supreme Court. <>/Font<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 720 540] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> Substituted service of foreign process 1 0 obj Statutory Instrument 71—1. 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. 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