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The Civil Procedure Rules 1998

Type Statutory-Instrument

Publication 1998-12-10

Last updated 2026-04-06

State In force

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(a) applications under section 6(1)(b) of the TPIM Act or section 42(1)(b) of the National Security Act (application for permission to impose measures);

(b) references under paragraph 3(1) of Schedule 2 to the TPIM Act or of Schedule 8 to the National Security Act (reference of the imposition of measures imposed without permission); and

(c) appeals to the High Court under section 16 of the TPIM Act (appeals relating to a TPIM notice) or section 52 of the National Security Act (appeals relating to a Part 2 notice).

Application for permission to impose measures

80.4

An application under section 6(1)(b) of the TPIM Act or section 42(1)(b) of the National Security Act for permission to impose measures must be made by the Secretary of State filing with the court—

(a) a statement of reasons to support the application;

(b) any relevant material of which the Secretary of State is aware at that stage;

(d) the proposed TPIM or Part 2 notice.

Reference of measures imposed without permission

80.5

A reference under paragraph 3(1) of Schedule 2 to the TPIM Act or of Schedule 8 to the National Security Act of the imposition of measures imposed without permission is made by the Secretary of State filing with the court—

(a) a statement of reasons for imposing measures and for imposing the measures specified in the TPIM notice or Part 2 notice;

(b) any relevant material of which the Secretary of State is aware at that stage;

(d) the TPIM notice or Part 2 notice.

Directions for hearing on an application for permission or on a reference

80.6

(1) If the court gives permission on an application under section 6(1)(b) of the TPIM Act or section 42(1)(b) of the National Security Act, or confirms a TPIM notice on a reference under paragraph 3(1) of Schedule 2 to the TPIM Act or a Part 2 notice on a reference under paragraph 3(1) of Schedule 8 to the National Security Act, the court must give directions for a directions hearing at which the TPIM subject or Part 2 subject, the TPIM subject’s or Part 2 subject’s legal representative, the special advocate (if one has been appointed) and the Secretary of State’s legal representative may be present.

(2) In a case where permission is given (following an application under section 6(1)(b) of the TPIM Act or section 42(1)(b) of the National Security Act), the date to be fixed for the directions hearing must, unless the court otherwise directs, be no later than 7 days after the date on which the TPIM notice is served on the TPIM subject or the Part 2 notice is served on the Part 2 subject.

(3) In a case where the TPIM notice or Part 2 notice is confirmed (following a reference under paragraph 3(1) of Schedule 2 to the TPIM Act or paragraph 3(1) of Schedule 8 to the National Security Act), the date to be fixed for the directions hearing must, unless the court otherwise directs, be no later than 7 days after the date on which the court confirms the TPIM notice or Part 2 notice.

(4) At the directions hearing, the court must give directions—

(a) for a review hearing under section 9(1) of the TPIM Act or (as the case may be) section 45(1) of the National Security Act; and

(b) specifying a date and time by which the parties and special advocate must file and serve any written evidence or written submissions in accordance with rule 80.26.

(5) When giving directions under paragraph (4), the court must have regard to the need to expedite the review hearing.

(Rules 80.24 and 80.25 will apply where any closed material is filed by the Secretary of State).

Appeals under section 16 of the Act

80.7

Rules 80.8 to 80.11 apply to an appeal under section 16 of the Act (appeals relating to a TPIM notice) or section 52 of the National Security Act (appeals relating to a Part 2 notice).

Modification of Part 52 (appeals)

80.8

(1) Part 52 (appeals) applies to an appeal under section 16 of the TPIM Act or section 52 of the National Security Act, subject to—

(a) rule 80.2;

(b) the rules in section 4 of this Part; and

(2) The following rules do not apply to appeals under section 16 of the TPIM Act or section 52 of the National Security Act—

(a) rules 52.3, 52.4 and 52.6 (permission);

(b) rule 52.12 (appellant’s notice);

(d) rule 52.21 (hearing of appeals).

(3) Rule 52.2 (all parties to comply with Practice Directions 52A to 52E) apply, but the parties shall not be required to comply with paragraphs 5.1 to 5.3 of Practice Direction 52A and paragraphs 6.3 to 6.6 of Practice Direction 52B.

Notice of appeal

80.9

(1) The TPIM or Part 2 subject must give notice of appeal by—

(a) filing a notice of appeal with the court; and

(b) serving a copy of that notice and any accompanying documents on the Secretary of State.

(2) The notice of appeal must—

(a) set out the grounds of the appeal; and

(b) state the name and address of—

(i) the TPIM or Part 2 subject, and

(ii) the TPIM or Part 2 subject’s legal representative (if any).

(3) A notice of appeal may include an application under rule 80.15 for an order requiring anonymity for the TPIM or Part 2 subject.

(4) The notice of appeal must be filed with a copy of the TPIM or Part 2 notice imposing measures on the TPIM or Part 2 subject and (as relevant)—

(a) a copy of the extension notice, revival notice or variation notice that is the subject of the appeal;

(b) a copy of the application to the Secretary of State—

(i) for permission in connection with a measure specified in the TPIM or Part 2 notice,

(ii) for the revocation of the TPIM or Part 2 notice, or

(iii) for the variation of a measure specified in the TPIM or Part 2 notice;

(Attention is drawn to rule 80.14(1) relating to the address for issuing proceedings in the High Court).

Time limit for appealing

80.10

(1) Subject to paragraph (2), the TPIM or Part 2 subject must give notice of appeal no later than 28 days after receiving—

(a) the extension notice, revival notice or variation notice that is the subject of the appeal; or

(b) notice of the Secretary of State’s decision on an application for permission in connection with a measure specified in the TPIM or Part 2 notice, for the revocation of the TPIM or Part 2 notice or for the variation of a measure specified in the TPIM or Part 2 notice.

(2) In a case where the Secretary of State has failed to determine an application for permission in connection with a measure specified in the TPIM or Part 2 notice, for the revocation of the TPIM or Part 2 notice or for the variation of a measure specified in the TPIM or Part 2 notice, the TPIM or Part 2 subject must file the notice of appeal—

(a) no earlier than 28 days, and

(b) no later than 42 days,

after the date on which the Secretary of State received the application.

Secretary of State’s reply

80.11

If the Secretary of State wishes to oppose an appeal, the Secretary of State must, no later than 14 days after being served with the notice of appeal—

(a) file with the court—

(i) any relevant material of which the Secretary of State is aware at that stage; and

(ii) any written submissions; and

(b) serve on the TPIM or Part 2 subject any open material.

SECTION3 — Appeals to the Court of Appeal

Modification of Part 52 (appeals)

80.12

(1) Part 52 (appeals) applies to an appeal to the Court of Appeal against an order of the High Court in TPIM proceedings or relevant proceedings, subject to—

(a) rule 80.2;

(b) the rules in section 4 of this Part; and

(2) The following rules do not apply to appeals to the Court of Appeal—

(a) rule 52.12(1) (appellant’s notice); and

(b) rule 52.13 (respondent’s notice), but

the provisions of rules 80.9 and 80.11 shall apply with appropriate modifications.

(3) Rule 52.2 (all parties to comply with Practice Directions 52A to 52E) apply, but the parties shall not be required to comply with paragraphs 6.3 to 6.6 of Practice Direction 52B and paragraph 28 of Practice Direction 52C.

SECTION 4 — General Provisions

Scope of this section

80.13

This section applies to—

(a) TPIM proceedings or relevant proceedings in the High Court; and

(b) appeals to the Court of Appeal against an order of the High Court in such proceedings.

Address for filing proceedings

80.14

(1) Any TPIM proceedings or relevant proceedings must be filed at the Administrative Court Office, Room C315, Royal Courts of Justice, Strand, London, WC2A 2LL.

(2) Any appeals to the Court of Appeal against an order of the High Court in such proceedings must be filed at the Civil Appeals Office, Room E307, Royal Courts of Justice, Strand, London, WC2A 2LL.

Applications for anonymity

80.15

(1) The TPIM or Part 2 subject or the Secretary of State may apply for an order requiring anonymity for the TPIM or Part 2 subject.

(2) An application under paragraph (1) may be made at any time, irrespective of whether any TPIM proceedings or relevant proceedings have been commenced.

(3) An application may be made without notice to the other party.

(4) The reference in this rule to an order requiring anonymity for the TPIM or Part 2 subject is to be construed in accordance with paragraph 6(3) of Schedule 4 to the TPIM Act or of Schedule 10 to the National Security Act.

Notification of hearing

80.16

Unless the court directs otherwise, it will serve notice of the date, time and place fixed for any hearing on—

(a) every party, whether or not entitled to attend that hearing; and

(b) if one has been appointed for the purposes of the hearing, the special advocate or those instructing the special advocate.

Hearings

80.17

(1) The following proceedings must be determined at a hearing—

(a) a review hearing under section 9(1) of the TPIM Act or section 45(1) of the National Security Act (review hearing);

(b) an appeal under section 16 of the TPIM Act (appeals relating to a TPIM notice) or section 52 of the National Security Act (appeals relating to a Part 2 notice);

(c) an appeal to the Court of Appeal from an order of the High Court made in the proceedings mentioned in sub-paragraph (a) or (b) above; and

(d) a hearing under rule 80.25(2) (consideration of the Secretary of State’s objection or application).

(2) Paragraph (1)(a) does not apply where the court discontinues the review hearing in accordance with section 9(3) of the TPIM Act or section 45(3) of the National Security Act.

(3) Paragraph (1)(b) does not apply where—

(a) the appeal is withdrawn by the TPIM or Part 2 subject;

(b) the Secretary of State consents to the appeal being allowed; or

(c) the TPIM or Part 2 subject is outside the United Kingdom or it is impracticable to give the TPIM or Part 2 subject notice of a hearing and, in either case, the TPIM or Part 2 subject is unrepresented.

(4) Paragraph (1)(c) does not apply where—

(a) the Court of Appeal grants a request by the appellant to dismiss the appeal;

(b) the Court of Appeal allows the appeal with consent; or

Hearings in private

80.18

(1) If the court considers it necessary for any relevant party and any relevant party’s legal representative to be excluded from a hearing or part of a hearing in order to secure that information is not disclosed contrary to the public interest, it must—

(a) direct accordingly; and

(b) conduct the hearing, or that part of it from which the relevant party and the relevant party’s legal representative are excluded, in private.

(2) The court may conduct a hearing or part of a hearing in private for any other good reason.

Appointment of a special advocate

80.19

(1) Subject to paragraph (2), the Secretary of State must immediately give notice of the proceedings to the Attorney General (who, under paragraph 10(1) of Schedule 4 to the TPIM Act and of Schedule 10 to the National Security Act, has the power to appoint a special advocate) on—

(a) making an application under section 6(1)(b) of the TPIM Act or section 42(1)(b) of the National Security Act (application for permission to impose measures);

(b) making a reference under paragraph 3(1) of Schedule 2 to the TPIM Act or paragraph 3(1) of Schedule 8 to the National Security Act (reference of the imposition of measures imposed without permission); or

(2) Paragraph (1) applies unless—

(a) the Secretary of State does not intend to—

(i) oppose the application, claim or appeal; or

(ii) withhold closed material from a relevant party; or

(b) a special advocate has already been appointed to represent the interests of the relevant party in the proceedings and that special advocate is not prevented from communicating with that party by virtue of rule 80.21.

(3) Where any proceedings to which this Part applies are pending but no special advocate has been appointed, a relevant party or the Secretary of State may request the Attorney General appoints a special advocate.

Functions of a special advocate

80.20

The functions of a special advocate are to represent the interests of a relevant party by—

(a) making submissions to the court at any hearing or part of a hearing from which the relevant party and the relevant party’s legal representative are excluded;

(b) adducing evidence and cross-examining witnesses at any such hearing or part of a hearing; and

Special advocate: communicating about proceedings

80.21

(1) The special advocate may communicate with the relevant party or the relevant party’s legal representative at any time before the Secretary of State serves closed material on the special advocate.

(2) After the Secretary of State serves closed material on the special advocate, the special advocate must not communicate with any person about any matter connected with the proceedings, except in accordance with paragraph (3) or (6)(b) or with a direction of the court pursuant to a request under paragraph (4).

(3) The special advocate may, without directions from the court, communicate about the proceedings with—

(a) the court;

(b) the Secretary of State or any person acting for the Secretary of State;

(d) any other person, except the relevant party or the relevant party’s legal representative, with whom it is necessary for administrative purposes for the special advocate to communicate about matters not connected with the substance of the proceedings.

(4) The special advocate may request directions from the court authorising him or her to communicate with the relevant party or the relevant party’s legal representative or with any other person.

(5) Where the special advocate makes a request for directions under paragraph (4)—

(a) the court must notify the Secretary of State of the request; and

(b) the Secretary of State must, within a period specified by the court, file with the court and serve on the special advocate notice of any objection which the Secretary of State has to the proposed communication, or to the form in which it is proposed to be made.

(6) Paragraph (2) does not prohibit the relevant party from communicating with the special advocate after the Secretary of State has served closed material on the special advocate, but—

(a) the relevant party may only communicate with the special advocate through the relevant party’s legal representative in writing; and

(b) the special advocate must not reply to the communication other than in accordance with directions of the court, except that the special advocate may without such directions send a written acknowledgment of receipt to the relevant party’s legal representative.

Modification of the general rules of evidence and disclosure

80.22

(1) Part 31 (disclosure and inspection of documents), Part 32 (evidence) and Part 33 (miscellaneous rules about evidence) do not apply to any proceedings to which this Part applies.

(2) Subject to the other rules in this Part, the evidence of a witness may be given either—

(a) orally before the court; or

(b) in writing, in which case it shall be given in such manner and at such time as the court directs.

(3) The court may also receive evidence in documentary or any other form.

(4) The court may receive evidence that would not, but for this rule, be admissible in a court of law.

(5) Every party shall be entitled to adduce evidence and to cross-examine witnesses during any hearing or part of a hearing from which that party and that party’s legal representative are not excluded.

(6) A special advocate shall be entitled to adduce evidence and to cross-examine witnesses.

(7) The court may require a witness to give evidence on oath.

Filing and service of relevant material

80.23

(1) The Secretary of State is required to make a reasonable search for relevant material and to file and serve that material in accordance with the rules in this Part.

(2) The duty to search for, file and serve material under paragraph (1) continues until the proceedings in question have been determined.

Closed material

80.24

(1) The Secretary of State—

(a) must apply to the court for permission to withhold closed material from a relevant party or the relevant party’s legal representative in accordance with this rule; and

(b) may not rely on closed material at a hearing on notice unless a special advocate has been appointed to represent the interests of the relevant party.

(2) The Secretary of State must file with the court and, at such time as the court directs, serve on the special advocate—

(a) the closed material;

(b) a statement of the Secretary of State’s reasons for withholding that material from the relevant party; and

(c) if the Secretary of State considers it possible to provide a summary of that material without disclosing information contrary to the public interest, a summary of that material in a form which can be served on the relevant party.

(3) The Secretary of State may at any time amend or supplement material filed under this rule, but only with—

(a) the agreement of the special advocate; or

(b) the permission of the court.

Consideration of the Secretary of State’s objection or application

80.25

(1) This rule applies where the Secretary of State has—

(a) objected under rule 80.21(5)(b) to a proposed communication by the special advocate or to the form in which it is proposed to be made; or

(b) applied under rule 80.24 for permission to withhold closed material.

(2) The court must fix a hearing for the Secretary of State and the special advocate to make oral representations, unless—

(a) the special advocate gives notice to the court that he or she does not challenge the objection or application;

(b) the court has previously considered—

(i) an objection under rule 80.21(5)(b) to the same or substantially the same communication; or

(ii) an application under rule 80.24(1) for permission to withhold the same or substantially the same material, and

is satisfied that it would be just to uphold that objection or to give permission without a hearing; or

(3) If the special advocate does not challenge the objection or the application, he or she must give notice of that fact to the court and the Secretary of State no later than the end of 14 days after the date the Secretary of State serves on the special advocate the notice under rule 80.21(5)(b) or the material under rule 80.24(2), or such other period as the court may direct.

(4) Where the court fixes a hearing under this rule, the Secretary of State and the special advocate must before the hearing file with the court a schedule identifying the issues which cannot be agreed between them, which must also—

(a) give brief reasons for their contentions in relation to each issue; and

(b) set out any proposals for the court to resolve those issues.

(5) A hearing under this rule shall take place in the absence of the relevant party and the relevant party’s legal representative.

(6) Where the court gives permission to the Secretary of State to withhold closed material, the court must—

(a) consider whether to direct the Secretary of State to serve a summary of that material on the relevant party and the relevant party’s legal representative; but

(b) ensure that no such summary contains information or other material the disclosure of which would be contrary to the public interest.

(7) Where the court has not given permission to the Secretary of State to withhold closed material from, or has directed the Secretary of State to serve a summary of that material on, the relevant party and the relevant party’s legal representative—

(a) the Secretary of State shall not be required to serve that material or summary; but

(b) if the Secretary of State does not do so, at a hearing on notice the court may—

(i) if it considers that the material or anything that is required to be summarised might be of assistance to the relevant party in relation to a matter under consideration by the court, direct that the matter is withdrawn from its consideration or that the Secretary of State makes such concessions or takes such other steps as the court specifies; and

(ii) in any other case, direct that the Secretary of State shall not rely in the proceedings on that material or (as the case may be) on what is required to be summarised.

(8) The court must give permission to the Secretary of State to withhold closed material where it considers that the disclosure of that material would be contrary to the public interest.

Order of filing and serving material and written submissions

80.26

Subject to any directions given by the court, the parties must file and serve any material and written submissions, and the special advocate must file and serve any written submissions, in the following order—

(a) the Secretary of State must file with the court any relevant material of which the Secretary of State is aware;

(b) the Secretary of State must serve on—

(i) the relevant party or the relevant party’s legal representative; and

(ii) the special advocate (as soon as one is appointed) or those instructing the special advocate,

any open material;

(c) the relevant party must file with the court and serve on the Secretary of State and special advocate (if one is appointed) or those instructing the special advocate any written evidence which the relevant party wishes the court to take into account at the hearing;

(d) the Secretary of State must file with the court any further relevant material;

(e) the Secretary of State must serve on—

(i) the relevant party or the relevant party’s legal representative; and

(ii) the special advocate (as soon as one is appointed) or those instructing the special advocate,

any open material filed with the court under paragraph (d);

(f) the Secretary of State must serve on the special advocate (if one has been appointed) any closed material;

(g) the parties and the special advocate (if one has been appointed) must file and serve any written submissions as directed by the court.

(Rules 80.24 and 80.25 will apply where any closed material is filed by the Secretary of State).

Failure to comply with directions

80.27

(1) Where a party or the special advocate fails to comply with a direction of the court, the court may serve on that person a notice which states—

(a) the respect in which that person has failed to comply with the direction;

(b) a time limit for complying with the direction; and

(c) that the court may proceed to determine the proceedings before it, on the material available to it, if the party or special advocate fails to comply with the direction within the time specified.

(2) Where a party or special advocate fails to comply with such a notice, the court may proceed in accordance with paragraph (1)(c).

Judgments

80.28

(1) When the court gives judgment in any proceedings to which this Part applies, it may withhold any or part of its reasons if and to the extent that it is not possible to give those reasons without disclosing information contrary to the public interest.

(2) Where the judgment of the court does not include the full reasons for its decision, the court must serve on the Secretary of State and the special advocate a separate written judgment including those reasons.

Application by the Secretary of State for reconsideration of decision

80.29

(1) If the court proposes, in any proceedings to which this Part applies, to serve notice on a relevant party of any—

(a) order or direction made or given in the absence of the Secretary of State; or

(b) any judgment,

then before the court serves any such notice on the relevant party, it must first serve notice on the Secretary of State of its intention to do so.

(2) The Secretary of State may, within 5 days of being served with notice under paragraph (1), apply to the court to reconsider the terms of the order or direction or to review the terms of the proposed judgment if the Secretary of State considers that—

(a) the Secretary of State’s compliance with the order or direction; or

(b) the notification to the relevant party of any matter contained in the judgment, order or direction;

would cause information to be disclosed contrary to the public interest.

(3) Where the Secretary of State makes an application under paragraph (2), the Secretary of State must at the same time serve on the special advocate, if one has been appointed—

(a) a copy of the application; and

(b) a copy of the notice served on the Secretary of State pursuant to paragraph (1).

(4) Rule 80.25 (except for paragraphs (6) and (7)) shall, if a special advocate has been appointed, apply with any necessary modifications to the consideration of an application under paragraph (2) of this rule.

(5) The court must not serve notice on the relevant party as mentioned in paragraph (1) before the time for the Secretary of State to make an application under paragraph (2) has expired.

Supply of court documents

80.30

Unless the court otherwise directs, rule 5.4 (Register of Claims), rule 5.4B (Supply of documents from court records – a party) and rule 5.4C (Supply of court documents – a non-party) do not apply to any proceedings to which this Part applies.

Automatic Transfer

3.5A

(1) If a claimant files a request for judgment in the Civil National Business Centre in accordance with rule 3.5, in a claim which includes an amount of money to be decided by the court, the claim will be sent to the preferred hearing centre.

(2) If a claim is sent to a preferred hearing centre pursuant to paragraph (1), any further correspondence should be sent to, and any further requests should be made at, the hearing centre to which the claim was sent.

Setting aside judgment entered after striking out

Sanctions for non—payment of certain fees

Sanctions for dishonouring cheque

Sanctions have effect unless defaulting party obtains relief

Relief from sanctions

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

Power of the court to make civil restraint orders

Automatic transfer

12.5A

(1) If a claimant files a request for judgment in the County Court which includes an amount of money to be decided by the court in accordance with rules 12.4 and 12.5, the claim will be sent to the preferred hearing centre.

(2) If a claim is sent to a preferred hearing centre pursuant to paragraph (1), any further correspondence should be sent to, and any further requests should be made at, the hearing centre to which the claim was sent.

Interest

Procedure for deciding an amount or value

Claim against more than one defendant

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

Automatic Transfer

14.7A

(1) If a claimant files a request for judgment in the Civil National Business Centre, for an amount of money to be decided by the court in accordance with rules 14.6 or14.7, the claim will be sent to the preferred hearing centre.

(2) If a claim is sent to a preferred hearing centre pursuant to paragraph (1), any further correspondence should be sent to, and any further requests should be made at, the hearing centre to which the claim was sent.

Allocation of claims in relation to outstanding matters

Request for time to pay

Determination of rate of payment

Determination of rate of payment by court officer

Determination of rate of payment by judge

Right of re-determination

Interest

Automatic transfer – generally

Automatic transfer of designated money claims

26.2A

(1) This rule applies where the claim is for an amount of money in the County Court, specified or unspecified.

(2) If at any time ... a court officer considers that the claim should be referred to a judge for directions, the court officer may send the proceedings to the defendant’s home court or the preferred hearing centre or other County Court hearing centre as may be appropriate.

(3) Subject to paragraphs (5) and (5A), if the defendant is an individual and the claim is for a specified sum of money, at the relevant time the claim must be sent to the defendant’s home court (save that where there are two or more defendants, one or more of whom are individuals, the claim must be sent to the home court of the defendant who first files their defence).

(4) Subject to paragraphs (5) and (5A), in any other claim to which this rule applies, the court must, at the relevant time, send the claim to the preferred hearing centre.

(5) Subject to paragraph (5A), if, on their directions questionnaire—

(a) a defendant under paragraph (3) has specified a hearing centre other than the defendant’s home court; or

(b) a claimant under paragraph (4) has specified a hearing centre other than the preferred hearing centre,

the claim must be sent to that other hearing centre.

(5A) At the relevant time, the claim must be sent to the County Court at Central London if—

(a) the claim is started at the Civil National Business Centre;

(b) a court officer provisionally decides, pursuant to rule 26.3, that the track which appears to be most suitable for the claim is the multi-track; and

(i) in respect of a defendant under paragraphs (3) and (5)(a), the home court (or the home court of the defendant who first files their defence) or the hearing centre specified on the directions questionnaire; or

(ii) in respect of a claimant under paragraphs (4) and (5)(b), the preferred hearing centre or the hearing centre specified on the directions questionnaire,

is one of the hearing centres listed in Practice Direction 26 at paragraph 10.4.

(6) The relevant time for the purposes of this rule is when—

(a) all parties have filed their directions questionnaires;

(b) any stay ordered by the court or period to attempt settlement through mediation has expired; or

(i) the defence is filed; or

(ii) enforcement of a default judgment other than by a warrant of control is requested,

whichever occurs first.

Allocation questionnaire

Stay to allow for settlement of the case

Allocation

Scope of each track

General rule for allocation

Matters relevant to allocation to a track

Notice of allocation

Re-allocation

Trial with a jury

Who may exercise the powers of the High Court

54.1A

(1) A court officer assigned to the Administrative Court office who is—

(a) a barrister; ...

(b) a solicitor ; or

may exercise the jurisdiction of the High Court with regard to the matters set out in paragraph (2) with the consent of the President of the King’s Bench Division.

(2) The matters referred to in paragraph (1) are—

(a) any matter incidental to any proceedings in the High Court;

(b) any other matter where there is no substantial dispute between the parties; and

(c) the dismissal of an appeal or application where a party has failed to comply with any order, rule or practice direction.

(3) A court officer may not decide an application for—

(a) permission to bring judicial review proceedings;

(b) an injunction;

(c) a stay of any proceedings, other than a temporary stay of any order or decision of the lower court over a period when the High Court is not sitting or cannot conveniently be convened, unless the parties seek a stay by consent.

(4) Decisions of a court officer may be made without a hearing.

(5) A party may request any decision of a court officer to be reviewed by a judge of the High Court.

(6) At the request of a party, a hearing will be held to reconsider a decision of a court officer, made without a hearing.

(7) A request under paragraph (5) or (6) must be filed within 7 days after the party is served with notice of the decision.

When this Section must be used

When this Section may be used

Permission required

Time limit for filing claim form

Claim form

Service of claim form

Judicial review of decisions of the Upper Tribunal

54.7A

(1) Where the Upper Tribunal has refused permission to appeal against a decision of the First-tier Tribunal, no application for judicial review of the Upper Tribunal’s decision, or which relates to the First-tier Tribunal’s decision, may be made except where the question in the judicial review application is—

(a) whether the application for permission to appeal was validly made to the Upper Tribunal;

(b) whether the Upper Tribunal when refusing permission to appeal was properly constituted; or

(c) whether the Upper Tribunal is acting or has acted in bad faith or in such a procedurally defective way as amounts to a fundamental breach of the principles of natural justice.

(2) The claim form and the supporting documents must be filed no later than 16 days after the date on which notice of the Upper Tribunal’s decision was sent to the applicant.

Acknowledgment of service

Failure to file acknowledgment of service

Permission given

Service of order giving or refusing permission

Permission decision without a hearing

Defendant etc. may not apply to set aside(gl)

Response

Where claimant seeks to rely on additional grounds

Evidence

Court’s powers to hear any person

Judicial review may be decided without a hearing

Court’s powers in respect of quashing orders

Transfer

Allocation to the small claims track

63.27

(1) A claim started in or transferred to the Intellectual Property Enterprise Court will be allocated to the small claims track if—

(a) rule 63.13, but not rule 63.2, applies to the claim;

(b) the value of the claim is not more than £10,000;

(c) it is stated in the particulars of claim that the claimant wishes the claim to be allocated to the small claims track; and

(d) no objection to the claim being allocated to the small claims track is raised by the defendant in the defence.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) If either—

(a) the requirements of rule 63.27(1)(a), (b) and (c) are satisfied, but in the defence the defendant objects to the claim being allocated to the small claims track; or

(b) the requirements of rule 63.27(1)(a) and (b) are satisfied, but not (c), and in the defence the defendant requests that the claim be allocated to the small claims track,

the court will allocate the claim to the small claims track or the multi-track in accordance with Part 26 (case management – preliminary stage). For that purpose the court will send the parties a directions questionnaire and require them to file completed directions questionnaires and to serve them on all other parties within 14 days

(4) Part 27 (small claims track) shall apply to claims allocated to the small claims track in the Intellectual Property Enterprise Court with the modification to rule 27.2(1)(a) that Part 25 (interim remedies) shall not apply to such claims at all. Section VII of Part 46 (scale costs for claims in the Intellectual Property Enterprise Court) shall not apply to claims allocated to the small claims track in the Intellectual Property Enterprise Court.

Extent to which rules in this Part apply to small claims

63.28

(1) To the extent provided by this rule, this Part shall apply to a claim allocated to, or requested to be allocated to, the small claims track in the Intellectual Property Enterprise Court.

(2) Rules 63.1, 63.13, 63.18, 63.20, 63.21, 63.22, 63.25, 63.26(1) and (2), and 63.27 shall apply to the claim.

(3) No other rules in this Part shall apply.

PART 81 — APPLICATIONS AND PROCEEDINGS IN RELATION TO CONTEMPT OF COURT

Rule 81.1	Scope
Rule 81.2	Interpretation
Rule 81.3	How to make a contempt application
Rule 81.4	Requirements of a contempt application
Rule 81.5	Service of a contempt application
Rule 81.6	Cases where no application is made
Rule 81.7	Directions for hearing of contempt proceedings
Rule 81.8	Hearings and judgments in contempt proceedings
Rule 81.9	Powers of the court in contempt proceedings
Rule 81.10	Applications to discharge committal orders

SECTION 1 — Scope and interpretation

Scope

81.1

(1) This Part sets out the procedure to be followed in proceedings for contempt of court (“contempt proceedings”).

(2) This Part does not alter the scope and extent of the jurisdiction of courts determining contempt proceedings, whether inherent, statutory or at common law.

(3) This Part has effect subject to and to the extent that it is consistent with the substantive law of contempt of court.

Saving for other powers

81.2

In this Part—

“claimant” means a person making a contempt application;

“contempt application” means an application to the court for an order determining contempt proceedings;

“defendant” means the person against whom the application is made;

“order of committal” means the imposition of a sentence of imprisonment (whether immediate or suspended) for contempt of court;

A “penal notice” is a prominent notice added to the front of an order by or at the request of a party warning that if the person against whom the order is made (and, in the case of a corporate body, a director or officer of that body) disobeys the court’s order, the person (or director or officer) may be held in contempt of court and punished by a fine, imprisonment, confiscation of assets or other punishment under the law.

Interpretation

81.3

(1) A contempt application made in existing High Court or county court proceedings is made by an application under Part 23 in those proceedings, whether or not the application is made against a party to those proceedings.

(2) If the application is made in the High Court, it shall be determined by a High Court judge of the Division in which the case is proceeding. If it is made in the county court, it shall be determined by a Circuit Judge sitting in the county court , unless under a rule or practice direction it may be determined by a District Judge.

(3) A contempt application in relation to alleged interference with the due administration of justice, otherwise than in existing High Court or county court proceedings, is made by an application to the High Court under Part 8.

(4) Where an application under Part 8 is made under paragraph (3), the rules in Part 8 apply except as modified by this Part and the defendant is not required to acknowledge service of the application.

(5) Permission to make a contempt application is required where the application is made in relation to—

(a) interference with the due administration of justice, except in relation to existing High Court or county court proceedings;

(b) an allegation of knowingly making a false statement in any affidavit, affirmation or other document verified by a statement of truth or in a disclosure statement.

(6) If permission to make the application is needed, the application for permission shall be included in the contempt application, which will proceed to a full hearing only if permission is granted.

(7) If permission is needed and the application relates to High Court proceedings, the question of permission shall be determined by a single judge of the Division in which the case is proceeding. If permission is granted the contempt application shall be determined by a single judge or Divisional Court of that Division.

(8) If permission is needed and the application does not relate to existing court proceedings or relates to criminal or county court proceedings or to proceedings in the Civil Division of the Court of Appeal, the question of permission shall be determined by a single judge of the King’s Bench Division. If permission is granted, the contempt application shall be determined by a single judge of the King’s Bench Division or a Divisional Court.

SECTION 2 — Committal for breach of a judgment, order or undertaking to do or abstain from doing an act

Enforcement of judgment, order or undertaking to do or abstain from doing an act

81.4

(1) Unless and to the extent that the court directs otherwise, every contempt application must be supported by written evidence given by affidavit or affirmation.

(2) A contempt application must include statements of all the following, unless (in the case of (b) to (g)) wholly inapplicable—

(a) the nature of the alleged contempt (for example, breach of an order or undertaking or contempt in the face of the court);

(b) the date and terms of any order allegedly breached or disobeyed;

(c) confirmation that any such order was personally served, and the date it was served, unless the court or the parties dispensed with personal service;

(d) if the court dispensed with personal service, the terms and date of the court’s order dispensing with personal service;

(e) whether a penal notice had been added to the front of any order allegedly breached or disobeyed ...;

(f) the date and terms of any undertaking allegedly breached;

(g) confirmation of the claimant’s belief that the person who gave any undertaking understood its terms and the consequences of failure to comply with it;

(h) a brief summary of the facts alleged to constitute the contempt, set out numerically in chronological order;

(i) that the defendant has the right to be legally represented in the contempt proceedings;

(j) that the defendant is entitled to a reasonable opportunity to obtain legal representation and to apply for legal aid which may be available without any means test;

(k) that the defendant may be entitled to the services of an interpreter;

(l) that the defendant is entitled to a reasonable time to prepare for the hearing;

(m) that the defendant is entitled but not obliged to give written and oral evidence in their defence;

(n) that the defendant has the right to remain silent and to decline to answer any question the answer to which may incriminate the defendant , but that the court may draw adverse inferences if this right is exercised;

(o) that the court may proceed in the defendant’s absence if they do not attend but (whether or not they attend) will only find the defendant in contempt if satisfied beyond reasonable doubt of the facts constituting contempt and that they do constitute contempt;

(p) that if the court is satisfied that the defendant has committed a contempt, the court may punish the defendant by a fine, imprisonment, confiscation of assets or other punishment under the law;

(q) that if the defendant admits the contempt and wishes to apologise to the court, that is likely to reduce the seriousness of any punishment by the court;

(r) that the court’s findings will be provided in writing as soon as practicable after the hearing; and

(s) that the court will sit in public, unless and to the extent that the court orders otherwise, and that its findings will be made public.

Requirement for service of a copy of the judgment or order and time for service

81.5

(1) Unless the court directs otherwise in accordance with Part 6 and except as provided in paragraph (2), a contempt application and evidence in support must be served on the defendant personally.

(2) Where a legal representative for the defendant is on the record in the proceedings in which, or in connection with which, an alleged contempt is committed—

(a) the contempt application and evidence in support may be served on the representative for the defendant unless the representative objects in writing within seven days of receipt of the application and evidence in support;

(b) if the representative does not object in writing, they must at once provide to the defendant a copy of the contempt application and the evidence supporting it and take all reasonable steps to ensure the defendant understands them;

(c) if the representative objects in writing, the issue of service shall be referred to a judge of the court dealing with the contempt application; and the judge shall consider written representations from the parties and determine the issue on the papers, without (unless the judge directs otherwise) an oral hearing.

Method of service – copies of judgments or orders

81.6

(1) If the court considers that a contempt of court (including a contempt in the face of the court) may have been committed, the court on its own initiative shall consider whether to proceed against the defendant in contempt proceedings.

(2) Where the court does so, any other party in the proceedings may be required by the court to give such assistance to the court as is proportionate and reasonable, having regard to the resources available to that party.

(3) If the court proceeds of its own initiative, it shall issue a summons to the defendant which includes the matters set out in rule 81.4(2)(a)-(s) (in so far as applicable) and requires the defendant to attend court for directions to be given.

(4) A summons issued under this rule shall be served on the defendant personally and on any other party, unless the court directs otherwise. If rule 81.5(2) applies, the procedure there set out shall be followed unless the court directs otherwise.

Method of service - copies of undertakings

81.7

(1) The court shall give such directions as it thinks fit for the hearing and determination of contempt proceedings, including directions for the attendance of witnesses and oral evidence, as it considers appropriate.

(2) The court may issue a bench warrant to secure the attendance of the defendant at a directions hearing or at the substantive hearing.

(3) The court may not give any direction compelling the defendant to give evidence either orally or in writing.

Dispensation with personal service

81.8

(1) In accordance with rule 39.2, all hearings of contempt proceedings shall, irrespective of the parties’ consent, be listed and heard in public unless the court otherwise directs.

(2) Advocates and the judge shall appear robed in all hearings of contempt proceedings, whether or not the court sits in public.

(3) Before deciding to sit in private for all or part of the hearing, the court shall notify the national print and broadcast media, via the Press Association.

(4) The court shall consider any submissions from the parties or media organisations before deciding whether and if so to what extent the hearing should be in private.

(5) If the court decides to sit in private it shall, before doing so, sit in public to give a reasoned public judgment setting out why it is doing so.

(6) At the conclusion of the hearing, whether or not held in private, the court shall sit in public to give a reasoned public judgment stating its findings and any punishment.

(7) The court shall inform the defendant of the right to appeal without permission, the time limit for appealing and the court before which any appeal must be brought.

(8) The court shall be responsible for ensuring that where a sentence of imprisonment (immediate or suspended) is passed in contempt proceedings under this Part, that judgment is transcribed and published on the website of the judiciary of England and Wales.

Requirement for a penal notice on judgments and orders

81.9

(1) If the court finds the defendant in contempt of court, the court may impose a period of imprisonment (an order of committal), a fine, confiscation of assets or other punishment permitted under the law.

(2) Execution of an order of committal requires issue of a warrant of committal. An order of committal and a warrant of committal have immediate effect unless and to the extent that the court decides to suspend execution of the order or warrant.

(3) An order or warrant of committal must be personally served on the defendant unless the court directs otherwise.

(4) To the extent that the substantive law permits, a court may attach a power of arrest to a committal order.

(5) An order or warrant of committal may not be enforced more than two years after the date it was made unless the court directs otherwise.

How to make the committal application

81.10

(1) A defendant against whom a committal order has been made may apply to discharge it.

(2) Any such application shall be made by an application notice under Part 23 in the contempt proceedings.

(3) The court hearing such an application shall consider all the circumstances and make such order under the law as it thinks fit.

Committal for breach of a solicitor’s undertaking

81.11

(1) The applicant must obtain permission from the court before making a committal application under this rule.

(2) The application for permission must be made by filing an application notice under Part 23.

(3) The application for permission must be supported by an affidavit setting out—

(a) the name, description and address of the respondent; and

(b) the grounds on which the committal order is sought.

(4) The application for permission may be made without notice.

(5) Rules 23.9 and 23.10 do not apply.

(6) Unless the applicant makes the committal application within 14 days after permission has been granted under this rule, the permission will lapse.

SECTION 3 — Committal for interference with the due administration of justice

Scope

81.12

(1) This Section regulates committal applications in relation to interference with the due administration of justice in connection with proceedings—

(a) in the High Court;

(b) in a Divisional Court;

(d) in an inferior court (which includes the County Court); or

(e) which are criminal proceedings,

except where the contempt is committed in the face of the court or consists of disobedience to an order of the court or a breach of an undertaking to the court.

(2) This Section also regulates committal applications otherwise than in connection with any proceedings.

(3) A committal application under this Section may not be made without the permission of the court.

(The procedure for applying for permission to make a committal application is set out in rule 81.14.)

(Rules 81.17(5) and (6) make provision for cases in which both this Section and Section 6 (Committal for making a false statement of truth or disclosure statement) may be relevant.)

Court to which application for permission under this Section is to be made

81.13

(1) Where contempt of court is committed in connection with any proceedings—

(a) in the High Court (other than proceedings in a Divisional Court), the application for permission may be made only to a single judge of the Division of the High Court in which the proceedings were commenced or to which they have subsequently been transferred;

(b) in a Divisional Court, the application for permission may be made only to a single judge of the Queen’s Bench Division;

(c) in the Court of Appeal, the application for permission may be made only to a Divisional Court of the Queen’s Bench Division;

(d) in an inferior court, the application for permission may be made only to a single judge of the High Court; and

(e) which are criminal proceedings, the application for permission may be made only to a Divisional Court of the Queen’s Bench Division.

(2) Where contempt of court is committed otherwise than in connection with any proceedings, the application for permission may be made only to the Administrative Court.

Application for permission (High Court, Divisional Court or Administrative Court)

81.14

(1) The application for permission to make a committal application must be made by a Part 8 claim form which must include or be accompanied by—

(a) a detailed statement of the applicant’s grounds for bringing the committal application; and

(b) an affidavit setting out the facts and exhibiting all documents relied upon.

(2) The claim form and the documents referred to in paragraph (1) must be served personally on the respondent unless the court otherwise directs.

(3) Within 14 days of service on the respondent of the claim form, the respondent—

(a) must file and serve an acknowledgment of service; and

(b) may file and serve evidence.

(4) The court will consider the application for permission at an oral hearing, unless it considers that such a hearing is not appropriate.

(5) If the respondent intends to appear at the permission hearing referred to in paragraph (4), the respondent must give 7 days’ notice in writing of such intention to the court and any other party and at the same time provide a written summary of the submissions which the respondent proposes to make.

(6) Where permission to proceed is given, the court may give such directions as it thinks fit, and may—

(a) transfer the proceedings to another court; or

(b) direct that the application be listed for hearing before a single judge or a Divisional Court.

SECTION 4 — (1) Certifications by any court, tribunal etc to the High Court under any enactment; and (2) Applications to the High Court under section 336 of the Charities Act 2011

Certifications of conduct, and applications under section 336 of the Charities Act 2011, to the High Court under this Section

81.15

(1) This Section applies where, by virtue of any enactment, the High Court has power to punish or take steps for the punishment of any person charged with having done or omitted to do anything in relation to a court, tribunal , body or person which, if it had been an act or omission in relation to the High Court, would have been a contempt of that court.

(2) Subject to paragraph (3), an order under this Section may be made by a single judge of the Administrative Court.

(3) An order made on an application under section 336 of the Charities Act 2011 (“a section 336 application”) may be made only by a single judge of the Chancery Division.

(4) The certification or section 336 application, as appropriate, must be in the form annexed to Practice Direction 81 at Annex A, and include or be accompanied by—

(a) a detailed statement of the grounds for the certification or section 336 application;

(b) any written evidence relied upon; and

(5) Subject to paragraph (6), the certification or section 336 application, accompanied by the other documents referred to in paragraph (4), must be served personally on the respondent.

(6) The court may—

(a) dispense with service under paragraph (5) if it thinks it just to do so; or

(b) make an order in respect of service by an alternative method or at an alternative place.

(7) Within 14 days of service on the respondent of the certification or section 336 application, the respondent—

(a) must file and serve an acknowledgment of service in the form annexed to Practice Direction 81 at Annex B; and

(b) may file and serve evidence.

SECTION 5 — Contempt in the face of the court

Committal for contempt in the face of the court

81.16

(1) Where—

(a) contempt has occurred in the face of the court; and

(b) that court has power to commit for contempt,

the court may deal with the matter of its own initiative and give such directions as it thinks fit for the disposal of the matter.

SECTION 6 — Committal for making a false statement of truth (rule 32.14) or disclosure statement (rule 31.23)

Scope and interaction with other Sections of this Part

81.17

(1) This Section contains rules about committal applications in relation to making, or causing to be made—

(a) a false statement in a document verified by a statement of truth; or

(b) a false disclosure statement,

without an honest belief in its truth.

(2) Where the committal application relates only to a false statement of truth or disclosure statement, this Section applies.

(3) Where the committal application relates to both—

(a) a false statement of truth or disclosure statement; and

(b) breach of a judgment, order or undertaking to do or abstain from doing an act,

Committal application in relation to a false statement of truth or disclosure statement

81.18

(1) A committal application in relation to a false statement of truth or disclosure statement in connection with proceedings in the High Court, a Divisional Court or the Court of Appeal, may be made only—

(a) with the permission of the court dealing with the proceedings in which the false statement or disclosure statement was made; or

(b) by the Attorney General.

(2) Where permission is required under paragraph (1)(a), rule 81.14 applies as if the reference in that rule to a Part 8 claim form were a reference to a Part 23 application notice and the references to the claim form were references to the Part 23 application notice.

(3) A committal application in relation to a false statement of truth or disclosure statement in connection with proceedings in the County Court may be made only—

(a) with the permission of a single judge of the High Court; or

(b) by the Attorney General.

(4) Where permission is required under paragraph (3)(a) rule 81.14 applies without the modifications referred to in paragraph (2).

(Under rule 81.14(6)(b), the court granting permission may direct that the application be listed for hearing before a single judge or a Divisional Court.)

(5) The court may direct that the matter be referred to the Attorney General with a request that the Attorney General consider whether to bring proceedings for contempt of court.

(6) Where the committal application is made by the Attorney General, the application may be made to a single judge or a Divisional Court of the Queen’s Bench Division.

SECTION 7 — Writ of sequestration to enforce a judgment, order or undertaking

Scope

81.19

This Section contains rules about applications to the High Court for a writ of sequestration to enforce a judgment, order or undertaking.

Writ of sequestration to enforce a judgment, order or undertaking

81.20

(1) If—

(a) a person required by a judgment or order to do an act does not do it within the time fixed by the judgment or order; or

(b) a person disobeys a judgment or order not to do an act,

then, subject to the provisions of these Rules and if the court permits, the judgment or order may be enforced by a writ of sequestration against the property of that person.

(2) If the time fixed by the judgment or order for doing an act has been varied by a subsequent order or agreement of the parties under rule 2.11, references in paragraph (1)(a) to the time fixed are references to the time fixed by that subsequent order or agreement.

(3) If the person referred to in paragraph (1) is a company or other corporation, the writ of sequestration may in addition be issued against the property of any director or other officer of that company or corporation.

(4) So far as applicable, and with the necessary modifications, this Section applies to undertakings given by a party as it applies to judgments or orders.

Requirement for service of a copy of the judgment or order and time for service

81.21

(1) Unless the court dispenses with service under rule 81.24, a judgment or order may not be enforced by writ of sequestration unless a copy of it has been served on the person required to do or not do the act in question, and in the case of a judgment or order requiring a person to do an act—

(a) the copy has been served before the end of the time fixed for doing the act, together with a copy of any order fixing that time;

(b) where the time for doing the act has been varied by a subsequent order or agreement under rule 2.11, a copy of that subsequent order or agreement has also been served; and

(c) where the judgment or order was made under rule 81.4(5), or was made pursuant to an earlier judgment or order requiring the act to be done, a copy of the earlier judgment or order has also been served.

(2) Where the person referred to in paragraph (1) is a company or other corporation, a copy of the judgment or order must also be served on the respondent before the end of the time fixed for doing the act.

(3) Copies of the judgment or order and any orders or agreements fixing or varying the time for doing an act must be served in accordance with rule 81.22 or 81.23, or in accordance with an order for alternative service made under rule 81.24(2)(b).

Method of service – copies of judgments or orders

81.22

Subject to rules 81.23 and 81.24, copies of judgments or orders and any orders or agreements fixing or varying the time for doing an act must be served personally.

Method of service - copies of undertakings

81.23

(1) Subject to paragraph (2) and rule 81.24, a copy of any document recording an undertaking will be delivered by the court to the person who gave the undertaking—

(a) by handing to that person a copy of the document before that person leaves the court building;

(b) by posting a copy to that person at the residence or place of business of that person where this is known; or

(2) If delivery cannot be effected in accordance with paragraph (1), the court officer will deliver a copy of the document to the party for whose benefit the undertaking was given and that party must serve it personally on the person who gave the undertaking as soon as practicable.

(3) Where the person referred to in paragraph (1) is a company or other corporation, a copy of the judgment or order must also be served on the respondent.

Dispensation with personal service

81.24

(1) In the case of a judgment or order requiring a person not to do an act, the court may dispense with service of a copy of the judgment or order in accordance with rules 81.21 to 81.23 if it is satisfied that the person has had notice of it—

(a) by being present when the judgment or order was given or made; or

(b) by being notified of its terms by telephone, email or otherwise.

(2) In the case of any judgment or order the court may—

(a) dispense with service under rules 81.21 to 81.23 if the court thinks it just to do so; or

(b) make an order in respect of service by an alternative method or at an alternative place.

Requirement for a penal notice on judgments and orders

81.25

(1) Subject to paragraph (2), a judgment or order to do or not do an act may not be enforced by a writ of sequestration unless there is prominently displayed, on the front of the copy of the judgment or order served in accordance with this Section, a warning to the person required to do or not do the act in question that disobedience to the order would be a contempt of court punishable by imprisonment, a fine or sequestration of assets.

(2) An undertaking to do or not do an act which is contained in a judgment or order may be enforced by a writ of sequestration notwithstanding that the judgment or order does not contain the warning described in paragraph (1).

(Paragraphs 2.1 to 2.4 of the Practice Direction supplementing this Part and form N117 contain provisions about penal notices and warnings in relation to undertakings.)

How to make an application for permission to issue a writ of sequestration

81.26

(1) An application for permission to issue a writ of sequestration must be made—

(a) to a single judge of the Division of the High Court in which the proceedings were commenced or to which they have subsequently been transferred; or

(b) in any other case, to a single judge of the Queen’s Bench Division.

(2) An application for permission to issue a writ of sequestration must be made by filing an application notice under Part 23.

(3) The application notice must—

(a) set out in full the grounds on which the application is made and must identify, separately and numerically, each alleged act of contempt including, if known, the date of each of the alleged acts; and

(b) be supported by one or more affidavits containing all the evidence relied upon.

(4) Subject to paragraph (5), the application notice must be served personally on the respondent.

(5) The court may—

(a) dispense with service under paragraph (4) if the court thinks it just to do so; or

(b) make an order in respect of service by an alternative method or at an alternative place.

Form of writ of sequestration

81.27

A writ of sequestration must be in Form No 67 as set out in Practice Direction 4.

SECTION 8 — General rules about committal applications, orders for committal and writs of sequestration

The hearing

81.28

(1) Unless the court hearing the committal application or application for sequestration otherwise permits, the applicant may not rely on—

(a) any grounds other than—

(i) those set out in the claim form or application notice; or

(ii) in relation to a committal application under Section 3 or 4, the statement of grounds required by rule 81.14(1)(a) (where not included in the claim form) or 81.15(4)(a); or

(b) any evidence unless it has been served in accordance with the relevant Section of this Part or the Practice Direction supplementing this Part.

(2) At the hearing, the respondent is entitled—

(a) to give oral evidence, whether or not the respondent has filed or served written evidence, and, if doing so, may be cross-examined; and

(b) with the permission of the court, to call a witness to give oral evidence whether or not the witness has made an affidavit or witness statement.

(3) The court may require or permit any party or other person (other than the respondent) to give oral evidence at the hearing.

(4) The court may give directions requiring the attendance for cross-examination of a witness who has given written evidence.

(5) If the court hearing an application in private decides to make a committal order against the respondent, it will in public state—

(a) the name of the respondent;

(b) in general terms, the nature of the contempt of court in respect of which the committal order is being made; and

(Rule 39.2 contains provisions about hearings in private.)

(6) Where a committal order is made in the absence of the respondent, the court may on its own initiative fix a date and time when the respondent is to be brought before the court.

Power to suspend execution of a committal order

81.29

(1) The court making the committal order may also order that its execution will be suspended for such period or on such terms or conditions as it may specify.

(2) Unless the court otherwise directs, the applicant must serve on the respondent a copy of any order made under paragraph (1).

Warrant of committal

81.30

(1) If a committal order is made, the order will be for the issue of a warrant of committal.

(2) Unless the court orders otherwise—

(a) a copy of the committal order must be served on the respondent either before or at the time of the execution of the warrant of committal; or

(b) where the warrant of committal has been signed by the judge, the committal order may be served on the respondent at any time within 36 hours after the execution of the warrant.

(3) Without further order of the court, a warrant of committal must not be enforced more than 2 years after the date on which the warrant is issued.

Discharge of a person in custody

81.31

(1) A person committed to prison for contempt of court may apply to the court to be discharged.

(2) The application must—

(a) be in writing and attested by the governor of the prison (or any other officer of the prison not below the rank of principal officer);

(b) show that the person committed to prison for contempt has purged, or wishes to purge, the contempt; and

(c) be served on the person (if any) at whose instance the warrant of committal was issued at least one day before the application is made.

(3) Paragraph (2) does not apply to—

(a) a warrant of committal to which CCR Order 27 rule 8, or CCR Order 28 rule 4 or 14 relates; or

(b) an application made by the Official Solicitor acting with official authority for the discharge of a person in custody.

(4) If the committal order is made in the County Court and—

(a) does not direct that any application for discharge must be made to a judge; or

(b) was made by a District Judge under section 118 of the County Courts Act 1984,

the application for discharge may be made to a District Judge.

(5) If the committal order is made in the High Court, the application for discharge may be made to a single judge of the Division in which the committal order was made.

Discharge of a person in custody where a writ of sequestration has been issued

81.32

(1) Where—

(a) a writ of sequestration has been issued to enforce a judgment or order;

(b) the property is in the custody or power of the respondent;

(d) the commissioners appointed by the writ of sequestration take possession of the property as if it belonged to the respondent,

then, without prejudice to rule 81.31(1), the court may discharge the respondent and give such directions for dealing with the property taken by the commissioners as it thinks fit.

SECTION 9 — Penal, contempt and disciplinary provisions under the County Courts Act 1984

Scope

81.33

(1) This Section applies to County Court only and contains rules in relation to the penal, contempt and disciplinary provisions of the County Courts Act 1984.

(2) In this Section, “the Act” means the County Courts Act 1984.

Offences under sections 14, 92 or 118 of the Act

81.34

(1) This rule applies where it is alleged that any person has committed an offence–

(a) under section 14 of the Act, by assaulting an officer of the court acting in the execution of the officer’s duties;

(b) under section 92 of the Act, by rescuing or attempting to rescue any goods seized in execution; or

(c) under section 118 of the Act, by wilfully insulting a judge, juror, witness or any officer of the court or by wilfully interrupting the proceedings of the County Court or otherwise misbehaving in court,

and the alleged offender has not been taken into custody and brought before the court.

(2) The court will issue a summons, which must be served on the alleged offender personally not less than 7 days before the day of the hearing stated in the summons.

(3) Rule 81.30 applies, with the necessary modifications, where an order is made under section 14, 92 or 118 of the Act committing a person to prison.

Offences under section 124 of the Act

81.35

Where a complaint is made against a person under section 124 of the Act for having lost the opportunity of levying execution, the court will issue a summons, which must be served on the alleged offender personally not less than 7 days before the day of the hearing stated in the summons.

Notice to give evidence before or after a fine is imposed under section 55 of the Act

81.36

(1) Before or after imposing a fine on any person under section 55 of the Act for disobeying a witness summons or refusing to be sworn or give evidence, the court may direct that notice be given to that person in accordance with paragraph (2).

(2) The notice must state that if the recipient of the notice can demonstrate any reason why a fine should not be or should not have been imposed, that person may give evidence—

(a) by witness statement, affidavit or otherwise; and

(b) on a day named in the notice.

Non-payment of fine

81.37

(1) If a fine is not paid in accordance with the order imposing it, the court officer will, as soon as reasonably possible, report the matter to a judge.

(2) Where by an order imposing a fine—

(a) the amount of the fine is directed to be paid by instalments; and

(b) default is made in the payment of any instalment,

the same proceedings may be taken as if default had been made in payment of the whole of the fine.

(3) If the court makes an order for payment of a fine to be enforced by warrant of control, the order will be treated as an application to the court for the issue of the warrant at the time when the order was made.

Repayment of fine

81.38

If a person pays a fine and later gives evidence to satisfy the court that, if the evidence had been given earlier, no fine or a smaller fine would have been imposed, the court may order the whole or part of the fine to be repaid.

SECTIONI — Case Management

The court’s general powers of management

Court officer’s power to refer to a judge

Court’s power to make order of its own initiative

Power to strike out a statement of case

Judgment without trial after striking out

Automatic Transfer

Setting aside judgment entered after striking out

Sanctions for non—payment of certain fees

Sanctions for dishonouring cheque

Sanctions have effect unless defaulting party obtains relief

Relief from sanctions

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

Power of the court to make civil restraint orders

SECTIONII — Costs Management

Application of this Section and the purpose of costs management

3.12

(1) This Section and Practice Direction 3D apply to all Part 7 multi-track cases, except—

(a) where the claim is commenced on or after 22nd April 2014 and the amount of money claimed as stated on the claim form is £10 million or more; or

(b) where the claim is commenced on or after 22nd April 2014 and is for a monetary claim which is not quantified or not fully quantified or is for a non-monetary claim and in any such case the claim form contains a statement that the claim is valued at £10 million or more; or

(c) where in proceedings commenced on or after 6th April 2016 a claim is made by or on behalf of a person under the age of 18 (a child) (and on a child reaching majority this exception will continue to apply unless the court otherwise orders); or

(d) where the proceeding are the subject of fixed costs or scale costs; or

(e) the court otherwise orders.

(1A) This Section and Practice Direction 3D will apply to any other proceedings (including applications) where the court so orders.

(2) The purpose of costs management is that the court should manage both the steps to be taken and the costs to be incurred by the parties to any proceedings (or variation costs as provided in rule 3.15A) so as to further the overriding objective.

Filing and exchanging budgets

3.13

(1) Unless the court otherwise orders, all parties except litigants in person must file and exchange budgets—

(a) where the stated value of the claim on the claim form is less than £50,000, with their directions questionnaires; or

(b) in any other case, not later than 21 days before the first case management conference.

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