Civil Procedure Rules 1998

Publication Date:January 01, 1998
 
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1998No. 3132 L.17)

SUPREME COURT OF ENGLAND AND WALES

COUNTY COURTS

The Civil Procedure Rules 1998

Made

10thDecember1998

Laid before Parliament

17thDecember1998

Coming into force

26thApril1999

ARRANGEMENT OF RULES

PART 1

Overriding Objective

Rule 1.1

The overriding objective

Rule 1.2

Application by the court of the overriding objective

Rule 1.3

Duty of the parties

Rule 1.4

Court's duty to manage cases

PART 2

Application And Interpretation Of The Rules

Rule 2.1

Application of the Rules

Rule 2.2

The glossary

Rule 2.3

Interpretation

Rule 2.4

Power of judge, Master or district judge to perform functions of the court

Rule 2.5

Court staff

Rule 2.6

Court documents to be sealed

Rule 2.7

Court's discretion as to where it deals with cases

Rule 2.8

Time

Rule 2.9

Dates for compliance to be calendar dates and to include time of day

Rule 2.10

Meaning of "month" in judgments, etc.

Rule 2.11

Time limits may be varied by parties

PART 3

The Court's Case Management Powers

Rule 3.1

The court's general powers of management

Rule 3.2

Court officer's power to refer to a judge

Rule 3.3

Court's power to make order of its own initiative

Rule 3.4

Power to strike out a statement of case

Rule 3.5

Judgment without trial after striking out

Rule 3.6

Setting aside judgment entered after striking out

Rule 3.7

Sanctions for non-payment of certain fees

Rule 3.8

Sanctions have effect unless defaulting party obtains relief

Rule 3.9

Relief from sanctions

Rule 3.10

General power of the court to rectify matters where there has been an error of procedure

PART 4

Forms

Rule 4

Forms

PART 5

Court Documents

Rule 5.1

Scope of this Part

Rule 5.2

Preparation of documents

Rule 5.3

Signature of documents by mechanical means

Rule 5.4

Supply of documents from court records

PART 6

Service Of Documents

I

General Rules About Service

Rule 6.1

Part 6 rules about service apply generally

Rule 6.2

Methods of service - general

Rule 6.3

Who is to serve

Rule 6.4

Personal service

Rule 6.5

Address for service

Rule 6.6

Service of documents on children and patients

Rule 6.7

Deemed service

Rule 6.8

Service by an alternative method

Rule 6.9

Power of court to dispense with service

Rule 6.10

Certificate of service

Rule 6.11

Notice of non-service

II

Special Provisions About Service Of The Claim Form

Rule 6.12

General rules about service subject to special rules about service of claim form

Rule 6.13

Service of claim form by the court - defendant's address for service

Rule 6.14

Certificate of service relating to the claim form

Rule 6.15

Service of claim form by contractually agreed method

Rule 6.16

Service of claim form on agent of principal who is overseas

PART 7

How To Start Proceedings - The Claim Form

Rule 7.1

Where to start proceedings

Rule 7.2

How to start proceedings

Rule 7.3

Right to use one claim form to start two or more claims

Rule 7.4

Particulars of claim

Rule 7.5

Service of a claim form

Rule 7.6

Extension of time for serving a claim form

Rule 7.7

Application by defendant for service of a claim form

Rule 7.8

Form for defence etc. must be served with particulars of claim

Rule 7.9

Fixed date and other claims

Rule 7.10

Production Centre for claims

PART 8

Alternative Procedure For Claims

Rule 8.1

Types of claim in which Part 8 procedure may be followed

Rule 8.2

Contents of the claim form

Rule 8.3

Acknowledgment of service

Rule 8.4

Consequence of not filing an acknowledgment of service

Rule 8.5

Filing and serving written evidence

Rule 8.6

Evidence - general

Rule 8.7

Part 20 claims

Rule 8.8

Procedure where defendant objects to use of Part 8 procedure

Rule 8.9

Modifications to the general rules

PART 9

Responding To Particulars Of Claim - General

Rule 9.1

Scope of this Part

Rule 9.2

Defence, admission or acknowledgment of service

PART 10

Acknowledgment Of Service

Rule 10.1

Acknowledgment of service

Rule 10.2

Consequence of not filing an acknowledgment of service

Rule 10.3

The period for filing an acknowledgment of service

Rule 10.4

Rule 10.4Notice to claimant that defendant has filed an acknowledgment of service

Rule 10.5

Contents of acknowledgment of service

PART 11

Disputing The Court's Jurisdiction

Rule 11

Procedure for disputing the court's jurisdiction

PART 12

Default Judgment

Rule 12.1

Meaning of "default judgment"

Rule 12.2

Claims in which default judgment may not be obtained

Rule 12.3

Conditions to be satisfied

Rule 12.4

Procedure for obtaining default judgment

Rule 12.5

Nature of judgment where default judgment obtained by filing a request

Rule 12.6

Interest

Rule 12.7

Procedure for deciding an amount or value

Rule 12.8

Claim against more than one defendant

Rule 12.9

Procedure for obtaining default judgment for costs only

Rule 12.10

Default judgment obtained by making an application

Rule 12.11

Supplementary provisions where applications for default judgment are made

PART 13

Setting Aside Or Varying Default Judgment

Rule 13.1

Scope of this Part

Rule 13.2

Cases where the court must set aside judgment entered under Part 12

Rule 13.3

Cases where the court may set aside or vary judgment entered under Part 12

Rule 13.4

Application to set aside or vary judgment - procedure

Rule 13.5

Claimant's duty to apply to set aside judgment

Rule 13.6

Abandoned claim restored where default judgment set aside

PART 14

Admissions

Rule 14.1

Making an admission

Rule 14.2

Period for making an admission

Rule 14.3

Admission by notice in writing - application for judgment

Rule 14.4

Admission of whole of claim for specified amount of money

Rule 14.5

Admission of part of claim for specified amount of money

Rule 14.6

Admission of liability to pay whole of claim for unspecified amount of money

Rule 14.7

Admission of liability to pay claim for unspecified amount of money where defendant offers a sum in satisfaction of the claim

Rule 14.8

Allocation of claims in relation to outstanding matters

Rule 14.9

Request for time to pay

Rule 14.10

Determination of rate of payment

Rule 14.11

Determination of rate of payment by court officer

Rule 14.12

Determination of rate of payment by judge

Rule 14.13

Right of re-determination

Rule 14.14

Interest

PART 15

Defence And Reply

Rule 15.1

Part not to apply where claimant uses Part 8 procedure

Rule 15.2

Filing a defence

Rule 15.3

Consequence of not filing a defence

Rule 15.4

The period for filing a defence

Rule 15.5

Agreement extending the period for filing a defence

Rule 15.6

Service of copy of defence

Rule 15.7

Making a counterclaim

Rule 15.8

Reply to defence

Rule 15.9

No statement of case after a reply to be filed without court's permission

Rule 15.10

Claimant's notice where defence is that money claimed has been paid

Rule 15.11

Claim stayed if it is not defended or admitted

PART 16

Statements Of Case

Rule 16.1

Part not to apply where claimant uses Part 8 procedure

Rule 16.2

Contents of the claim form

Rule 16.3

Statement of value to be included in the claim form

Rule 16.4

Contents of the particulars of claim

Rule 16.5

Contents of defence

Rule 16.6

Defence of set-off

Rule 16.7

Reply to defence

Rule 16.8

Court's power to dispense with statements of case

PART 17

Amendments To Statements Of Case

Rule 17.1

Amendments to statements of case

Rule 17.2

Power of court to disallow amendments made without permission

Rule 17.3

Amendments to statements of case with the permission of the court

Rule 17.4

Amendments to statements of case after the end of a relevant limitation period

PART 18

Further Information

Rule 18.1

Obtaining further information

Rule 18.2

Restriction on use of further information

PART 19

Addition And Substitution Of Parties

Rule 19.1

Change of parties - general

Rule 19.2

Provisions applicable where two or more persons are jointly entitled to a remedy

Rule 19.3

Procedure for adding and substituting parties

Rule 19.4

Special provisions about adding or substituting parties after the end of a relevant limitation period

PART 20

Counterclaims And Other Additional Claims

Rule 20.1

Purpose of Part 20

Rule 20.2

Meaning of "Part 20 claim"

Rule 20.3

Part 20 claim to be treated as a claim for the purposes of the Rules

Rule 20.4

Defendant's counterclaim against the claimant

Rule 20.5

Counterclaim against a person other than the claimant

Rule 20.6

Defendant's claim for contribution or indemnity from co-defendant

Rule 20.7

Procedure for making any other Part 20 claim

Rule 20.8

Service of a Part 20 claim form

Rule 20.9

Matters relevant to question of whether a Part 20 claim should be separate from main claim

Rule 20.10

Effect of service of a Part 20 claim

Rule 20.11

Special provisions relating to default judgment on a Part 20 claim other than a counterclaim or a contribution or indemnity notice

Rule 20.12

Procedural steps on service of a Part 20 claim form on a non-party

Rule 20.13

Case management where there is a defence to a Part 20 claim form

PART 21

Children And Patients

Rule 21.1

Scope of this Part

Rule 21.2

Requirement for litigation friend in proceedings by or against children and patients

Rule 21.3

Stage of proceedings at which a litigation friend becomes necessary

Rule 21.4

Who may be a litigation friend without a court order

Rule 21.5

How a person becomes a litigation friend without a court order

Rule 21.6

How a person becomes a litigation friend by court order

Rule 21.7

Court's power to change litigation friend and to prevent person acting as litigation friend

Rule 21.8

Appointment of litigation friend by court order - supplementary

Rule 21.9

Procedure where appointment of litigation friend ceases

Rule 21.10

Compromise etc. by or on behalf of child or patient

Rule 21.11

Control of money recovered by or on behalf of child or patient

Rule 21.12

Appointment of guardian of child's estate

PART 22

Statements Of Truth

Rule 22.1

Documents to be verified by a statement of truth

Rule 22.2

Failure to verify a statement of case

Rule 22.3

Failure to verify a witness statement

Rule 22.4

Power of the court to require a document to be verified

PART 23

General Rules About Applications For Court Orders

Rule 23.1

Meaning of "application notice"...

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