(1) The forms set out in a practice direction shall... 5.3.Signature of documents by mechanical means, 5.4.Supply of documents from court records, 6.1.Part 6 rules about service apply generally, 6.6.Service of documents on children and patients, 6.9.Power of court to dispense with service, II SPECIAL PROVISIONS ABOUT SERVICE OF THE CLAIM FORM, 6.12.General rules about service subject to special rules about service of claim form, 6.13.Service of claim form by the court—defendant’s address for service, 6.14.Certificate of service relating to the claim form, 6.15.Service of the claim form by contractually agreed method, 6.16.Service of claim form on agent of principal who is overseas, PART 7 HOW TO START PROCEEDINGS—THE CLAIM FORM, 7.3.Right to use one claim form to start two or more claims, 7.6.Extension of time for serving a claim form, 7.7.Application by defendant for service of claim form, 7.8.Form for defence etc. 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. Civil Practice Law & Rules . Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. 4. Civil Procedure Rules: CPR 3.12 (from 1 … Sairen Reyes. 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. Enforcement of Recommendations etc. <> Part II—Consolidated Attachment of Earnings Orders, Rule 18.Cases in which consolidated order may be made, Rule 19.Application for consolidated order, Rule 20.Making of consolidated order by court of its own motion, Rule 22.Payments under consolidated order, Rule 4.Enforcement of debtor’s attendance, Rule 5.Evidence by witness statement or affidavit, Rule 9.Notification of order on judgment of High Court, Rule 12.Notification to foreign court of part payment before debtor lodged in prison, Rule 13.Payment after debtor lodged in prison, Rule 14.Discharge of debtor otherwise than on payment, CCR ORDER 29 COMMITTAL FOR BREACH OF ORDER OR UNDERTAKING, Rule 1.Enforcement of judgment to do or abstain from doing any act, Rule 3.Preparation, service and effect of order to show cause, Rule 5.Notice by deposit-taking institution denying indebtedness, Rule 8.Directions where dispute as to notice under rule 5, Rule 9.Determination of liability in other cases, Rule 2.Order on further consideration of application for charging order, Rule 4.Enforcement of charging order by sale, Rule 8.Relief otherwise than in pending claim. simplifying the existing rules Privacy notice (PDF, 364KB, 4 pages) They affect all types of civil disputes with the aim … Appeals, etc., affecting industrial and provident societies, etc. 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. Rule 1.Jurisdiction of High Court to quash certain orders, schemes, etc. Separate writs to enforce payment of costs, etc. [Act No. Civil litigation is governed by the Civil Procedure Rules (CPR) which came into effect in 1998. 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. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run. Rule 13.Representation of interested persons who cannot be ascertained, etc. Receiver’s register evidence of transfers, etc. 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. These Rules provide a new code of civil procedure for the civil courts. 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. (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. 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 Rule 4.Rectification of register of deeds of arrangement, Rule 5.Exercise of jurisdiction under Representation of the People Acts, Rule 6.Appeal to High Court where Court’s decision is final, Rule 7.Reference of question of law by Agricultural Land Tribunal, Rule 8.Tribunals and Inquiries Act 1992: appeal from tribunal, Rule 9.Tribunals and Inquiries Act 1992: case stated by tribunal, Rule 10.Tribunals and Inquiries Act 1971: appeal from Minister of Transport, Rule 10A.Consumer Credit Act 1974: appeal from Secretary of State, Rule 11.Case stated by Mental Health Review Tribunal, Rule 12.Applications for permission under section 289 (6) of the Town and Country Planning Act 1990 and section 65 (5) of the Planning (Listed Buildings and Conservation Areas) Act 1990, Rule 13.Proceedings under sections 289 and 290 of the Town and Country Planning Act 1990 and under section 65 of the Planning (Listed Buildings and Conservation Areas) Act 1990, Rule 14.Applications under section 13 Coroners Act 1988, Rule 15.Applications under section 42, Supreme Court Act 1981, RSC ORDER 95 BILLS OF SALE ACTS 1878 AND 1882 AND THE INDUSTRIAL AND PROVIDENT SOCIETIES ACT 1967, Rule 3.Restraining removal on sale of goods seized, Rule 5.Application under section 1 (5) of the Industrial and Provident Societies Act 1967. The costs to be allowed under this Part of this... Divisional Court business during vacation, Interpretation and exercise of jurisdiction, Application by Treasury Solicitor in certain cases, Person to take and manner of taking examination, Powers under relevant Acts exercisable by judge or master, Rules to have effect subject to Orders in Council, Functions under Order in Council exercisable by judge or master. 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. Exercise of power to obtain statement of earnings etc. Citizen and business advice. Rule 4.No expenses of execution in certain cases. 4. (6) 1984 c. 42. Rule 13.Enforcement of judgments and orders for recovery of money, etc. Applications for orders charging partner’s interest in partnership property, etc. Inapplicability of Rule 4 7. Introduction . 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. Date from which practice directions and guides take effect……… Rule 4.4 Compliance with practice directions……………………………… Rule 4.5 THE CIVIL PROCEDURE ACT. Rule 11.Matters occurring after judgment: stay of execution, etc. 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 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