Rule 18.Evidence in support of application, Rule 22.Application to vary or cancel registration, Rule 23.Application for registration of suspension order, Rule 24.Application for enforcement of Euratom inspection order, III. 3. 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. 3—Who may be joined as defendants. %���� must be served with particulars of claim, Types of claim in which Part 8 procedure may be followed, Consequence of not filing an acknowledgment of service, Procedure where defendant objects to use of the Part 8 procedure, Defence, admission or acknowledgment of service, The period for filing an acknowledgment of service, Notice to claimant that defendant has filed an acknowledgment of service, Procedure for disputing the court’s jurisdiction, Claims in which default judgment may not be obtained, Nature of judgment where default judgment obtained by filing a request, Procedure for deciding an amount or value, Procedure for obtaining a default judgment for costs only, Default judgment obtained by making an application, Supplementary provisions where applications for default judgment are made, Cases where the court must set aside judgment entered under Part 12, Cases where the court may set aside or vary judgment entered under Part 12, Application to set aside or vary judgment—procedure, Claimant’s duty to apply to set aside judgment, Abandoned claim restored where default judgment set aside, Admission by notice in writing—application for judgment, Admission of whole of claim for specified amount of money, Admission of part of a claim for a specified amount of money, Admission of liability to pay whole of claim for unspecified amount of money, Admission of liability to pay claim for unspecified amount of money where defendant offers a sum in satisfaction of the claim, Allocation of claims in relation to outstanding matters, Determination of rate of payment by court officer, Determination of rate of payment by judge, Part not to apply where claimant uses the Part 8 procedure, Agreement extending the period for filing a defence, No statement of case after a reply to be filed without court’s permission, Claimant’s notice where defence is that money claimed has been paid, Claim stayed if it is not defended or admitted, Part not to apply where claimant uses Part 8 procedure, Statement of value to be included in the claim form, Court’s power to dispense with statements of case, Power of court to disallow amendments made without permission, Amendments to statements of case with the permission of the court, Amendments to statements of case after the end of a relevant limitation period, Restriction on the use of further information, Provisions applicable where two or more persons are jointly entitled to a remedy, Procedure for adding and substituting parties, Special provisions about adding or substituting parties after the end of a relevant limitation period, Part 20 claim to be treated as a claim for the purposes of the Rules, Defendant’s counterclaim against the claimant, Counterclaim against a person other than the claimant, Defendant’s claim for contribution or indemnity from co-defendant, Procedure for making any other Part 20 claim, Matters relevant to question of whether a Part 20 claim should be separate from main claim, Special provisions relating to default judgment on a Part 20 claim other than a counterclaim or a contribution or indemnity notice, Procedural steps on service of a Part 20 claim form on a non-party, Case management where there is a defence to a Part 20 claim form, Requirement for litigation friend in proceedings by or against children and patients, Stage of proceedings at which a litigation friend becomes necessary, Who may be a litigation friend without a court order, How a person becomes a litigation friend without a court order, How a person becomes a litigation friend by court order, Court’s power to change litigation friend and to prevent person acting as litigation friend, Appointment of litigation friend by court order—supplementary, Procedure where appointment of litigation friend ceases, Compromise etc. 49. 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. 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. (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. stream No changes have been applied to the text. THE CIVIL PROCEDURE ACT. For more information see the EUR-Lex public statement on re-use. 2 0 obj 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. Rule 1.Assignment to Chancery Division, etc. 2. GOV UK; For citizen and business advice on justice, rights and more visit GOV.UK What are the main sources of the rules of evidence that regulate civil proceedings in your jurisdiction? 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 You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run. 2. Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. They replace the Rules of the Supreme Court 1965 and the County Court Rules 1981. endobj Direction for order to be subject to review, Permission to present bankruptcy petition, Review by court officer in default of payment, Discharge of attachment of earnings order, Particulars of claim in claim against the Crown, Special provisions regarding orders made by the Court of its own initiative against the Crown, Counterclaim in proceedings by or against the Crown, Adjustment of liability under judgment for taxes, Part 20 claim against the Crown where the Crown is not already a party, Execution and satisfaction of orders against the Crown, Proceedings under Part I of the Act of 1927, Proceedings under Part I of the Act of 1954, Application for new tenancy under section 24 of the Act of 1954, Answer to application for new tenancy under section 24 of the Act of 1954, Other applications under Part II of the Act of 1954, Service of order in proceedings under Part II of the Act of 1954, Application under section 12 (2) of the Act of 1985, Service of documents in proceedings under the Act of 1987, Removal of arbitrator or setting aside award, Application for detailed assessment of returning officer’s account, Appeal from decision of registration officer, Establishment of the parking enforcement centre, Applications under section 114, 204 and 231 of the Copyright, Designs and Patents Act 1988, Housing Act 1988: assured shorthold tenancies, Housing Act 1996: injunctions and powers of arrest. Date from which practice directions and guides take effect……… Rule 4.4 Compliance with practice directions……………………………… Rule 4.5 Rule 11.Applications relative to the custody, etc., of child, RSC ORDER 55 APPEALS TO HIGH COURT FROM COURT, TRIBUNAL OR PERSON: GENERAL, Rule 4.Service of notice of appeal and entry of appeal. Consolidated Laws of New York. 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. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. Online Procedure and Online Procedure Rules Committee . Appeals, etc., affecting industrial and provident societies, etc. Rule 2.Reference by Secretary of State of certain applications, RSC ORDER 97 THE LANDLORD AND TENANT ACTS 1927, 1954 AND 1987. “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. Rule 3.Power to order solicitor to deliver cash account, etc. Power of court to order separate trials. Rule 8.Right of Minister, etc., to appear and be heard, RSC ORDER 56 APPEALS, ETC., TO HIGH COURT BY CASE STATED: GENERAL, Rule 1.Appeals from the Crown Court by case stated, Rule 4A.Appeals relating to affiliation proceedings and care proceedings, Rule 5.Appeal from Magistrates' Court by case stated. The Whole Instrument you have selected contains over 200 provisions and might take some time to download. Rule 9.Failure to proceed after death of party. 4. 1 0 obj Rule 1.Jurisdiction of High Court to quash certain orders, schemes, etc. 147041972-Civil-Procedure-Dean-Willard-Riano. 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. 4—Court may give judgment for or against one or more of joint parties. 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