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The Civil Procedure Rules 1998

Type Statutory-Instrument

Publication 1998-12-10

Last updated 2026-04-06

State In force

Department King's Printer of Acts of Parliament

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(2) If the debtor has failed to comply with rule 89.5(3) or to make payment to the creditor, the court officer may issue an order under section 14(1) of the 1971 Act which must, in addition to meeting the requirements of rule 89.16(1), direct that any payments made thereafter must be paid into the court and not direct to the creditor.

(3) If the person served with an order made under paragraph (2) fails—

(a) to obey the order;

(b) to file a statement of means; or

the court officer must transfer the application to the debtor’s home court.

(4) Upon receipt of an application transferred under paragraph (3), the court officer must issue a notice calling on the debtor to show good reason why they should not be imprisoned.

(5) Any notice under paragraph (4) must be served on the debtor personally not less than 5 days before the hearing.

Suspended committal order

89.9

(1) If the debtor fails to attend at an adjourned hearing of an application for an attachment of earnings order and a committal order is made, 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 creditor must serve on the debtor a copy of any order made under paragraph (1).

(3) Where a committal order is suspended under paragraph (1) and the debtor fails to attend at the time and place specified in the committal order, a certificate to that effect given by the court officer is sufficient authority for the issue of a warrant of committal.

(4) If execution of a committal order is suspended under paragraph (1), the debtor may apply for a further suspension.

(5) The debtor may apply for a further suspension by attending at, or writing to, the court office and explaining why they have been unable to comply with the terms of the original suspension.

(6) If the debtor applies for a further suspension in accordance with paragraph (5), the court must—

(a) fix a date for the hearing of the application by the judge; and

(b) give the debtor and creditor at least 3 days’ notice of the hearing.

(7) The District Judge may suspend execution of the committal order pending the hearing of the application under paragraph (5).

Costs

89.10

(1) Where costs are allowed to the creditor on an application for an attachment of earnings order, there may be allowed—

(a) a charge of a legal representative for attending the hearing and, if the court so directs, for serving the application; and

(b) the court fee on the issue of the application.

(2) For the purpose of paragraph (1)(a) a legal representative who has prepared on behalf of the creditor a witness statement or request under rule 89.7(13) is treated as having attended the hearing.

(3) The costs may be fixed and allowed without detailed assessment under Part 47.

Contents and service of order

89.11

(1) An attachment of earnings order must contain such of the following information about the debtor as is known to the court—

(a) the debtor’s full name and address;

(b) the debtor’s place of work; and

and that information will be the prescribed particulars for the purposes of section 6(3) of the 1971 Act.

(2) An attachment of earnings order and any order varying or discharging such an order must be served on the parties and the debtor’s employer.

(3) Where—

(a) the order is directed to a corporation; and

(b) that corporation has requested that the court serve on the corporation documents relating to the debtor or to the class of persons to whom they belong at a particular address,

service may be effected on the corporation at that address, if the District Judge thinks fit.

(4) Where an attachment of earnings order is made to enforce a judgment or order of the High Court or a magistrates’ court, a copy of the attachment of earnings order and of any order discharging it must be sent by the court officer of the County Court to the court officer of the High Court, or, as the case may be, the designated officer for the magistrates’ court.

Application to determine whether particular payments are earnings

89.12

(1) An application to the court under section 16 of the Act of 1971 to determine whether payments to the debtor of a particular class or description are earnings for the purpose of an attachment of earnings order must be made to the debtor’s home court.

(2) Upon receipt of an application under paragraph (1), the court officer must—

(a) fix a date and time for the hearing of the application; and

(b) give notice of the hearing to the persons mentioned in section 16(2)(a), (b) and (c) of the 1971 Act.

Notice of order having ceased to have effect

89.13

Where an attachment of earnings order ceases to have effect under section 8(4) of the 1971 Act, the court officer of the court or centre in which the matter is proceeding must give notice to the person to whom the order was directed that the order has ceased to have effect.

Variation and discharge by court of own initiative

89.14

(1) Subject to paragraph (11), the powers conferred by section 9(1) of the 1971 Act may be exercised by the court of its own initiative in the circumstances mentioned in the following paragraphs.

(2) Where it appears to the court that a person served with an attachment of earnings order directed to that person does not have the debtor in their employment, the court may discharge the order.

(3) Where an attachment of earnings order which has lapsed under section 9(4) of the 1971 Act is again directed to a person who appears to the court to have the debtor in their employment, the court may make such consequential variations in the order as it thinks fit.

(4) Paragraph (5) applies where—

(a) the court makes an attachment of earnings order (“the first order”); and

(b) the court makes or is notified of the making of another attachment of earnings order (“the second order”)—

(i) which is against the same debtor; and

(ii) which is not to secure the payment of a judgment debt or payments under an administration order.

(5) The court may discharge or vary the first order, having regard to the priority accorded to the second order by paragraph 8 of Schedule 3 of the 1971 Act.

(6) Paragraph (7) applies where the court makes an attachment of earnings order and then makes—

(a) an administration order; or

(b) an order under section 4(1)(b) of the 1971 Act.

(7) The court may—

(a) discharge the attachment of earnings order; or

(b) if it exercised the power conferred by section 5(3) of the 1971 Act, vary the order as it thinks fit.

(8) On making a consolidated attachment order the court may discharge any earlier attachment of earnings order made to secure the payment of a judgment debt by the same debtor.

(9) Where it appears to the court that a bankruptcy order has been made against a person in respect of whom an attachment of earnings order is in force to secure the payment of a judgment debt, the court may discharge the attachment of earnings order.

(10) Where an attachment of earnings order has been made to secure the payment of a judgment debt and the court grants permission to issue execution for the recovery of the debt, the court may discharge the order.

(11) Before varying or discharging an attachment of earnings order of its own initiative under this rule, the court must, unless it thinks it unnecessary in the circumstances to do so, give the debtor and the person on whose application the order was made an opportunity of being heard on the question whether the order should be varied or discharged, and for that purpose the court officer may transfer the application to the debtor’s home court.

(12) Upon transfer of the application under paragraph (11) the court officer must give the debtor and the person on whose application the order was made notice of the date, time and place fixed for the hearing.

Transfer of attachment order

89.15

(1) This rule applies where the question of making a consolidated attachment order is being considered at one County Court hearing centre, but the relevant attachment of earnings order was originally made at another County Court hearing centre, or was made at the Civil National Business Centre.

(2) The court officer may transfer the attachment proceedings in which the attachment of earnings order was made to the County Court hearing centre where the question of making a consolidated attachment order is being considered.

(3) Without prejudice to paragraph (2), the Judge or District Judge may transfer the attachment proceedings to a different County Court hearing centre if that judge considered that the attachment proceedings could more conveniently proceed at that different centre.

Exercise of power to obtain statement of earnings etc.

89.16

(1) An order under section 14(1) of the 1971 Act must—

(a) be indorsed with or incorporate a notice warning the person to whom it is directed of the consequences of disobedience to the order; and

(b) be served on them personally.

(2) If a person has failed to comply with an order under section 14(1) of the 1971 Act but can demonstrate any reason why they should not be (or should not have been) fined for failure to comply with the order, the court may direct that any information required by the order be provided by witness statement, affidavit or otherwise.

Offences

89.17

(1) Paragraph (2) applies where—

(a) it is alleged that a person has committed any offence mentioned in section 23(2)(a), (b), (d), (e) or (f) of the Act of 1971 in relation to proceedings in, or to an attachment of earnings order made by, the County Court; and

(b) the alleged offender is not being proceeded against summarily.

(2) The District Judge may issue a notice to the alleged offender to show cause why that alleged offender should not be punished for the alleged offence.

(3) The notice must be served on the alleged offender personally not less than 14 days before the hearing.

(4) In paragraphs (5) to (8), reference to a fine is to a fine imposed as the result of an offence under section 23(2) of the 1971 Act.

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

(6) Where a fine is directed to be paid by instalments, default in the payment of any instalment may be taken as if default had been made in payment of the whole of the fine.

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

(8) 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.

SECTION 3 - CONSOLIDATED ATTACHMENT ORDERS

Cases in which consolidated attachment order may be made

89.18

Subject to the provisions of rules 89.19 to 89.21, the court may make a consolidated attachment order where—

(a) two or more attachment of earnings orders are in force to secure the payment of judgment debts by the same debtor; or

(b) on an application for an attachment of earnings order to secure the payment of a judgment debt, or for a consolidated attachment order to secure the payment of two or more judgment debts, it appears to the court that an attachment of earnings order is already in force to secure the payment of a judgment debt by the same debtor.

Application for consolidated attachment order

89.19

(1) In this rule, “a party affected by the application” means—

(a) where the application is made by the debtor, the creditor in the proceedings in which the application is made and any other creditor who has obtained an attachment of earnings order which is in force to secure the payment of a judgment debt by the debtor;

(b) where the application is made by the creditor, the debtor and every person who, to the knowledge of the applicant, has obtained an attachment of earnings order which is in force to secure the payment of a judgment debt by the debtor.

(2) An application for a consolidated attachment order may be made—

(a) by the debtor in respect of whom the order is sought; or

(b) by any person who has obtained or is entitled to apply for an attachment of earnings order to secure the payment of a judgment debt by that debtor.

(3) An application under paragraph (2) may be made in the proceedings in which any attachment of earnings order is in force and rules 89.3, 89.4 and 89.5 do not apply.

(4) Where an attachment of earnings order has been made—

(a) at the Civil National Business Centre an application under paragraph (2) must be made to the debtor’s home court;

(b) at a County Court hearing centre, an application under paragraph (2) must be made to that hearing centre.

(5) An application under paragraph (2)(b) must—

(a) include a certificate as to the amount of money remaining due under the judgment or order and that the whole or part of any instalment due remains unpaid; and

(b) be supported by a statement of truth.

(6) Where an application for a consolidated attachment order is made, the court officer must—

(a) notify any party who may be affected by the application of its terms; and

(b) require them to notify the court in writing, within 14 days of service of notification upon them, giving their reasons for any objection they may have to the granting of the application.

(7) If notice of any objection is not given within the time stated, the court officer must make a consolidated attachment order.

(8) If any party objects to the making of a consolidated attachment order, the court officer must refer the application to the District Judge who may grant the application after considering the objection made and the reasons given.

(9) A person to whom two or more attachment of earnings orders are directed to secure the payment of judgment debts by the same debtor may request the court in writing to make a consolidated attachment order to secure the payment of those debts.

(10) On receipt by the court of a request under paragraph (9), paragraphs (1) and (6) to (8) apply, with the necessary modifications, as if the request were an application by the creditor.

Making of consolidated attachment order by court of its own initiative

89.20

Where—

(a) an application is made for an attachment of earnings order to secure the payment of a judgment debt by a debtor in respect of whom an attachment of earnings order is already in force to secure the payment of another judgment debt; and

(b) no application is made for a consolidated attachment order,

the court officer may make such an order of that officer’s own initiative after giving all persons concerned an opportunity of submitting written objections.

Extension of consolidated attachment order

89.21

(1) This rule applies where—

(a) a consolidated attachment order is in force to secure the payment of two or more judgment debts (“the original debts”); and

(b) a further judgment debt (“the additional debt”) is owed by the same debtor.

(2) The creditor of the additional debt may apply for the consolidated attachment order to be extended so as to secure the payment of the additional debt as well as the original debts.

(3) If the application to extend the consolidated attachment order is granted, the court may—

(a) vary the order accordingly; or

(b) discharge the order and make a new consolidated attachment order to secure payment of all the judgment debts.

(4) An application under this rule must be made to the court that made the consolidated attachment order and is treated for the purposes of rules 89.19 and 89.20 as an application for a consolidated attachment order.

Payments under consolidated attachment order

89.22

(1) If a court officer receives payment in compliance with a consolidated attachment order, the court officer must—

(a) first deduct any court fees due in respect of proceedings for or arising out of the order that are permitted to be deducted; and

(b) then divide the remainder of the payment to satisfy the relevant judgments falling within the ambit of the consolidated attachment order, in proportion with the amounts payable under each judgment.

(2) For the purpose of satisfying those relevant judgments, dividends may from time to time be declared and distributed among the creditors so entitled.

SECTION VI — Judicial Review Costs Capping Orders under Part 4 of the Criminal Justice and Courts Act 2015

Judicial review costs capping orders – general

46.16

(1) For the purposes of this Section—

(a) “judicial review costs capping order” means a costs capping order made by the High Court or the Court of Appeal in accordance with sections 88, 89 and 90 of the 2015 Act; and

(b) “the 2015 Act” means the Criminal Justice and Courts Act 2015.

(2) This Section does not apply to a costs capping order under rule 3.19.

(Rule 3.19 makes provision for orders limiting the amount of future costs (including disbursements) which a party may recover pursuant to an order for costs subsequently made.)

Applications for judicial review costs capping orders

46.17

(1) An application for a judicial review costs capping order must—

(a) be made on notice and, subject to paragraphs (2) and (3), in accordance with Part 23; and

(b) be supported by evidence setting out—

(i) why a judicial review costs capping order should be made, having regard, in particular, to the matters at subsections (6) to (8) of section 88 of the 2015 Act and subsection (1) of section 89 of that Act;

(ii) a summary of the applicant’s financial resources;

(iii) the costs (and disbursements) which the applicant considers the parties are likely to incur in the future conduct of the proceedings; and

(iv) if the applicant is a body corporate, whether it is able to demonstrate that it is likely to have financial resources available to meet liabilities arising in connection with the proceedings.

(2) Subject to paragraph (3), the applicant must serve a copy of the application notice and copies of the supporting documents on every other party.

(3) On application by the applicant, the court may dispense with the need for the applicant to serve the evidence setting out a summary of the applicant’s financial resources on one or more of the parties.

(4) The court may direct the applicant to provide additional information or evidence to support its application.

Court to consider making directions

46.18

If the applicant is a body corporate, and the evidence supporting its application in accordance with rule 46.17(1)(b)(iv) sets out that it is unable to demonstrate that it is likely to have financial resources available to meet liabilities arising in connection with the proceedings, the court must consider giving directions for the provision of information about the applicant’s members and their ability to provide financial support for the purposes of the proceedings.

Applications to vary judicial review costs capping orders

46.19

(1) An application to vary a judicial review costs capping order must be made on notice and, subject to paragraphs (2) and (3), in accordance with Part 23.

(2) Subject to paragraph (3), the applicant must serve a copy of the application notice and copies of any supporting documents on every other party.

(3) If the application is supported by evidence setting out a summary of the applicant’s financial resources, the court may, on application by the applicant, dispense with the need for the applicant to serve such evidence on one or more of the parties.

	SECTION I SCOPE AND INTERPRETATION

52.1	Scope and interpretation
52.2	Parties to comply with Practice Directions 52A to 52E

	SECTION II PERMISSION TO APPEAL – GENERAL

52.3	Permission to appeal
Rule 52.3A	Permission to appeal in certain contempt proceedings
Rule 52.3B	Permission to appeal from the Court of Appeal to the Supreme Court
52.4	Determination of application for permission to appeal to the County Court and High Court
52.5	Determination of application for permission to appeal to the Court of Appeal
52.6	Permission to appeal test – first appeals
52.7	Permission to appeal test – second appeals
Rule 52.7A	Permission to appeal in contempt proceedings where the appeal lies to the Supreme Court

	SECTION III PERMISSION TO APPEAL – JUDICIAL REVIEW APPEALS, PLANNING STATUTORY REVIEW APPEALS AND APPEALS FROM THE EMPLOYMENT APPEAL TRIBUNAL

52.8	Judicial review appeals from the High Court
52.9	Judicial review appeals from the Upper Tribunal
52.10	Planning statutory review appeals
52.11	Appeals from the Employment Appeal Tribunal

	SECTION IV ADDITIONAL RULES

52.12	Appellant’s notice
52.13	Respondent’s notice
52.14	Transcripts at public expense
52.15	Variation of time
Rule 52.15A	Variation of time in certain contempt proceedings
52.16	Stay
52.17	Amendment of appeal notice
52.18	Striking out appeal notices and setting aside or imposing conditions on permission to appeal
52.19	Orders to limit recoverable costs of an appeal
52.20	Appeal court’s powers
52.21	Hearing of appeals
52.22	Non-disclosure of Part 36 offers and payments

	SECTION V SPECIAL PROVISIONS RELATING TO THE COURT OF APPEAL

52.23	Assignment of appeals to the Court of Appeal
52.24	Who may exercise the powers of the Court of Appeal

	SECTION VI SPECIAL PROVISIONS RELATING TO STATUTORY APPEALS

52.25	Statutory appeals – court’s power to hear any person
52.26	Appeals under the Law of Property Act 1922
52.27	Appeals from certain tribunals
52.28	Appeals under certain planning legislation
52.29	Appeals under certain legislation relating to pensions

	SECTION VII REOPENING FINAL APPEALS

52.30	Reopening of final appeals

SECTION I — Scope and interpretation

Scope and interpretation

Parties to comply with Practice Directions 52A to 52E

SECTION II — Permission to appeal – General

Permission to appeal

Determination of applications for permission to appeal to the County Court and High Court

Permission to appeal test – first appeals

Permission to appeal test – second appeals

SECTION III — Permission to appeal – judicial review appeals, planning statutory review appeals and appeals from the Employment Appeal Tribunal

Judicial review appeals from the High Court

Judicial review appeals from the Upper Tribunal

Planning statutory review appeals

Appeals from the Employment Appeal Tribunal

SECTION IV — Additional rules

Appellant’s notice

Respondent’s notice

Transcripts at public expense

Variation of time

Stay(GL)

Amendment of appeal notice

Striking out(GL) appeal notices and setting aside(GL) or imposing conditions on permission to appeal

Orders to limit the recoverable costs of an appeal – general

Appeal court’s powers

Hearing of appeals

Non-disclosure of Part 36 offers and payments

52.22

(1) Unless the appeal court otherwise orders, the fact that a Part 36 offer or payment into court has been made must not be disclosed to any judge of the appeal court who is to hear or determine—

(a) an application for permission to appeal; or

(b) an appeal,

until all questions (other than costs) have been determined.

(2) Paragraph (1) does not apply if the Part 36 offer or payment into court is relevant to the substance of the appeal.

(3) Paragraph (1) does not prevent disclosure in any application in the appeal proceedings if disclosure of the fact that a Part 36 offer or payment into court has been made is properly relevant to the matter to be decided.

(Rule 36.4 has the effect that a Part 36 offer made in proceedings at first instance will not have consequences in any appeal proceedings. Therefore, a fresh Part 36 offer needs to be made in appeal proceedings. However, this rule applies to a Part 36 offer whether made in the original proceedings or in the appeal.)

SECTION V — Special provisions relating to the Court of Appeal

Assignment of appeals to the Court of Appeal

52.23

(1) Where the court from or to which an appeal is made or from which permission to appeal is sought (“the relevant court”) considers that—

(a) an appeal which is to be heard by the County Court or the High Court would raise an important point of principle or practice; or

(b) there is some other compelling reason for the Court of Appeal to hear it,

the relevant court may order the appeal to be transferred to the Court of Appeal.

(The Master of the Rolls has the separate statutory power to direct that an appeal which would be heard by the County Court or the High Court should be heard instead by the Court of Appeal – see section 57 of the Access to Justice Act 1999.)

(2) The Master of the Rolls or the Court of Appeal may remit an appeal to the court in which the original appeal was or would have been brought.

Who may exercise the powers of the Court of Appeal

52.24

(1) A court officer assigned to the Civil Appeals Office who is—

(a) a barrister; ...

(b) a solicitor ; or

may exercise the jurisdiction of the Court of Appeal with regard to the matters set out in paragraph (2) with the consent of the Master of the Rolls.

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

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

(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 appeal;

(b) bail pending an appeal;

(d) a stay(GL) of execution of any order or decision of the lower court other than a temporary stay over a period when the Court of Appeal is not sitting or cannot conveniently be convened;

(e) a stay of proceedings in the lower court.

(4) Decisions of a court officer will be made without an oral hearing, unless a court officer directs otherwise.

(5) A party may request any decision of a court officer to be reviewed by a single judge, and—

(a) the review will be determined on paper without an oral hearing; except that

(b) the judge determining the review on paper may direct that the review be determined at an oral hearing, and must so direct if the judge is of the opinion that the review cannot be fairly determined on paper without an oral hearing.

(6) A party may request a decision of a single judge made without a hearing (other than a decision made on a review under paragraph (5) and a decision determining an application for permission to appeal) to be reconsidered, and—

(a) the reconsideration will be determined by the same or another judge on paper without an oral hearing; except that

(b) the judge determining the reconsideration on paper may direct that the reconsideration be determined at an oral hearing, and must so direct if the judge is of the opinion that the reconsideration cannot be fairly determined on paper without an oral 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.

(8) A single judge may refer any matter for a decision by a court consisting of two or more judges.

(Section 54(4) of the Access to Justice Act 1999 provides that there is no appeal from the decision of a single judge on an application for permission to appeal.)

(Section 58(2) of the Senior Courts Act 1981 provides that there is no appeal to the Supreme Court from decisions of the Court of Appeal that—

(a) are taken by a single judge or any officer or member of staff of that court in proceedings incidental to any cause or matter pending before the civil division of that court; and

(b) do not involve the determination of an appeal or of an application for permission to appeal,

and which may be called into question by rules of court. Paragraphs (5) and (6) of this rule provide the procedure for the calling into question of such decisions.)

SECTION VI — Special provisions relating to statutory appeals

Statutory appeals – court’s power to hear any person

52.25

(1) In a statutory appeal any person may apply for permission—

(a) to file evidence; or

(b) to make representations at the appeal hearing.

(2) An application under paragraph (1) must be made promptly.

Appeals under the Law of Property Act 1922

52.26

An appeal lies to the High Court against a decision of the Secretary of State under paragraph 16 of Schedule 15 to the Law of Property Act 1922.

Appeals from certain tribunals

52.27

(1) A person who was a party to proceedings before a tribunal referred to in section 11(1) of the Tribunals and Inquiries Act 1992 and is dissatisfied in point of law with the decision of the tribunal may appeal to the High Court.

(2) The tribunal may, on its own initiative or at the request of a party to the proceedings before it, state, in the form of a special case for the decision of the High Court, a question of law arising in the course of the proceedings.

Appeals under certain planning legislation

52.28

(1) Where the Secretary of State has given a decision in proceedings on an appeal under Part VII of the Town and Country Planning Act 1990 against an enforcement notice—

(a) the appellant;

(b) the local planning authority; or

may appeal to the High Court against the decision on a point of law.

(2) Where the Secretary of State has given a decision in proceedings on an appeal under Part VIII of that Act against a notice under section 207 of that Act—

(a) the appellant;

(b) the local planning authority; or

may appeal to the High Court against the decision on a point of law.

(3) Where the Secretary of State has given a decision in proceedings on an appeal under section 39 of the Planning (Listed Buildings and Conservation Areas) Act 1990 against a listed building enforcement notice—

(a) the appellant;

(b) the local planning authority; or

may appeal to the High Court against the decision on a point of law.

Appeals under certain legislation relating to pensions

52.29

Where an appeal lies to the High Court—

(a) under section 151(4) of the Pension Schemes Act 1993 from a determination or direction of the Pensions Ombudsman; or

(b) under section 217(1) of the Pensions Act 2004 from a determination or direction of the Pension Protection Fund Ombudsman,

the permission of the High Court is required for such an appeal to be brought.

SECTION VII — Reopening final appeals

Reopening of final appeals

52.30

(1) The Court of Appeal or the High Court will not reopen a final determination of any appeal unless—

(a) it is necessary to do so in order to avoid real injustice;

(b) the circumstances are exceptional and make it appropriate to reopen the appeal; and

(2) In paragraphs (1), (3), (4) and (6), “appeal” includes an application for permission to appeal.

(3) This rule does not apply to appeals to the County Court.

(4) Permission is needed to make an application under this rule to reopen a final determination of an appeal even in cases where under rule 52.3(1) permission was not needed for the original appeal.

(5) There is no right to an oral hearing of an application for permission unless, exceptionally, the judge so directs.

(6) The judge must not grant permission without directing the application to be served on the other party to the original appeal and giving that party an opportunity to make representations.

(7) There is no right of appeal or review from the decision of the judge on the application for permission, which is final.

(8) The procedure for making an application for permission is set out in Practice Direction 52A.

Opting out, and other cases where rules 45.43 to 45.45 do not apply to a claimant

Varying the limit on costs recoverable from a party in an Aarhus Convention claim

Challenging whether the claim is an Aarhus Convention claim

Orders to limit the recoverable costs of an appeal – general

52.19A

(1) In this rule, “Aarhus Convention claim” and “prohibitively expensive” have the same meanings as in Section IX of Part 46, and “claimant” means a claimant to whom rules 46.26 to 46.28 apply.

(2) In an appeal against a decision made in an Aarhus Convention claim to which rules 46.26 to 46.28 apply, the court must—

(a) consider whether the costs of the proceedings will be prohibitively expensive for a party who was a claimant; and

(b) if they will be, make an order limiting the recoverable costs to the extent necessary to prevent this.

(3) When the court considers the financial resources of a party for the purposes of this rule, it must have regard to any financial support which any person has provided or is likely to provide to that party.

Appeal court’s powers

Hearing of appeals

Non-disclosure of Part 36 offers and payments

Sanctions for non-payment of the trial fee by the claimant

3.7A1

(1) In this rule and in rule 3.7AA—

(a) “Fees Order 2008” means the Civil Proceedings Fees Order 2008;

(b) “fee notice” means a notice of—

(i) the amount of a trial fee;

(ii) the trial fee payment date; and

(iii) the consequences of non-payment of the trial fee;

(c) “trial date” means the date of the trial in relation to which the trial fee is payable, and if the trial in relation to which the trial fee is payable is scheduled to commence during the course of a specified period, “trial date” means the date of the Monday of the first week of that specified period;

(d) “trial fee” means fee 2.1 set out in the Table in Schedule 1 to the Fees Order 2008 and payable for the trial of a case on the multi-track, intermediate track fast track or small claims track;

(e) “trial fee payment date” means the date by which the trial fee must be paid, calculated in accordance with the Fees Order 2008;

(f) “revised trial fee payment date” means, if an application for fee remission is denied in whole or part, the revised date by which the fee or part of it is to be paid, calculated in accordance with the Fees Order 2008.

(2) This rule applies in relation to trial fees where that fee is to be paid by the claimant and the court notifies the parties in writing of the trial date.

(3) When the court notifies the parties in writing of the trial date, the court must also send a fee notice to the claimant.

(4) The fee notice may be contained in the same document as the notice of trial date, or may be a separate document.

(5) Where an application for full or part remission of a trial fee is refused, when the court sends written notice to the claimant of the refusal, the court must also notify the claimant in writing—

(a) that the claimant is required to pay the full trial fee by the revised trial fee payment date; and

(b) of the consequences of non-payment of the trial fee.

(6) Where part remission of a fee is granted, when the court sends written notice to the claimant of the part remission, the court must also notify the claimant in writing—

(a) that the claimant is required to pay the balance of the trial fee by the revised trial fee payment date; and

(b) of the consequences of non-payment of the balance of the trial fee.

(7) If—

(a) the claimant has had notice in accordance with this rule to pay the trial fee;

(b) the claimant has not applied to have the trial fee remitted in whole or part; and

the claim will automatically be struck out without further order of the court, and unless the court orders otherwise, the claimant will be liable for the defendant’s costs in accordance with rule 44.9(1).

(8) If—

(a) the claimant has had notice in accordance with this rule to pay the trial fee;

(b) the claimant has applied to have the trial fee remitted in whole or part;

(d) following the decision on remission, the claimant has had notice in accordance with this rule to pay the full trial fee or balance of it; and

(e) the full trial fee or balance of it (as appropriate) has not been paid on or before the revised trial fee payment date,

the claim will automatically be struck out without further order of the court, and, unless the court orders otherwise, the claimant will be liable for the defendant’s costs in accordance with rule 44.9(1).

(Rule 44.9 provides for the basis of assessment where a right to costs arises under this rule and contains provisions about when a costs order is deemed to have been made and applying for an order under section 194(3) of the Legal Services Act 2007.)

(9) If—

(a) a claimant applies to have the claim reinstated; and

(b) the court grants relief,

the relief must be conditional on the claimant either paying the trial fee or filing evidence of full or part remission of that fee within the period specified in paragraph (10).

(10) The period referred to in paragraph (9) is—

(a) if the order granting relief is made at a hearing at which the claimant is present or represented, 2 days from the date of the order;

(b) in any other case, 7 days from the date of service of the order on the claimant.

(11) If a fee is not paid for a claim where there is also a counterclaim, the counterclaim will still stand.

Sanctions for non-payment of certain fees by the defendant

Sanctions for non-payment of the trial fee by the defendant, where proceedings continue on the counterclaim alone

3.7AA

(1) This rule applies in relation to trial fees where that fee is to be paid by the defendant and the court notifies the defendant in writing of the trial date.

(Definitions contained in rule 3.7A1(1) apply to this rule also.)

(2) When the court notifies the parties in writing of the trial date, the court must also send a fee notice to the defendant.

(3) The fee notice may be contained in the same document as the notice of trial date, or may be a separate document.

(4) Where an application for full or part remission of a trial fee is refused, when the court sends written notice to the defendant of the refusal, the court must also notify the defendant in writing—

(a) that the defendant is required to pay the full trial fee by the revised trial fee payment date; and

(b) of the consequences of non-payment of the trial fee.

(5) Where part remission of a fee is granted, when the court sends written notice to the defendant of the part remission, the court must also notify the defendant in writing—

(a) that the defendant is required to pay the balance of the trial fee by the revised trial fee payment date; and

(b) of the consequences of non-payment of the balance.

(6) If—

(a) the defendant has had notice in accordance with this rule to pay the trial fee;

(b) the defendant has not applied to have the trial fee remitted in whole or part; and

the counterclaim will automatically be struck out without further order of the court.

(7) If—

(a) the defendant has had notice in accordance with this rule to pay the trial fee;

(b) the defendant has applied to have the trial fee remitted in whole or part;

(d) following the decision on remission, the defendant has had notice in accordance with this rule to pay the full trial fee or balance of it; and

(e) the full trial fee or balance of it (as appropriate) has not been paid on or before the revised trial fee payment date,

the counterclaim will automatically be struck out without further order of the court.

(8) If—

(a) a defendant applies to have the counterclaim reinstated; and

(b) the court grants relief,

the relief will be conditional on the defendant either paying the trial fee or filing evidence of full or part remission of the fee within the period specified in paragraph (9).

(9) The period referred to in paragraph (8) is—

(a) if the order granting relief is made at a hearing at which the defendant is present or represented, 2 days from the date of the order;

(b) in any other case, 7 days from the date of service of the order on the defendant.

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

Procedure where EOP application treated as if started as a claim under Part 7

78.5A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Procedure where EOP application treated as if started as a claim under the ESCP Regulation

78.5B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Filing of acknowledgment of service and defence where an EOP application is treated as if started as a claim under Part 7

Default judgment where an EOP application is treated as if started as a claim under Part 7

Review in exceptional cases

Communications Act 2003

Jurisdiction of the County Court exercisable by a legal adviser

2.4A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Court staff

Court documents to be sealed

Court’s discretion as to where it deals with cases

Time

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

Meaning of “month” in judgments, etc.

Time limits may be varied by parties

Amount of fixed costs – EL/PL Protocol and Pre-Action Protocol for Resolution of Package Travel Claims

The Welsh language

1.5

(1) Nothing in the overriding objective undermines the principles provided by the Welsh Language (Wales) Measure 2011 that the Welsh language has official status in Wales or by the Welsh Language Act 1993 that in any legal proceedings in Wales the Welsh language may be used by any person who desires to use it.

(2) The parties are required to assist the court to put into effect the principles set out in paragraph (1).

Documents in the Welsh language

5.6

(1) Any document placed before the court in civil proceedings in or having a connection with Wales may be in the English or Welsh language.

(2) It is the responsibility of any party if acting in person or of that party’s legal representative to inform the court as soon as practicable if documents in the Welsh language will or may be placed before the court, so that appropriate arrangements can be made.

PART57A — BUSINESS AND PROPERTY COURTS

The Business and Property Courts

57A.1

(1) The courts listed in paragraph (2) together constitute the Business and Property Courts.

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

(a) the Chancery Division of the High Court, the Commercial Court, the Technology and Construction Court, the Circuit Commercial Court and the Admiralty Court located in the Royal Courts of Justice, Rolls Building; together with

(b) the Chancery Division of the High Court, the Technology and Construction Court and the Circuit Commercial Courts in the District Registries of the High Court specified in Practice Direction 57AA – Business and Property Courts.

Courts and lists

57A.2

The work of the Business and Property Courts is divided and listed into the courts or lists specified in Practice Direction 57AA – Business and Property Courts.

Application of the Civil Procedure Rules

57A.3

These Rules and their practice directions apply to claims in the Business and Property Courts unless this Part or a practice direction provides otherwise.

Response by the appropriate Minister

Consideration of the appropriate Minister’s objection

Consideration of the appropriate Minister’s application

Application by appropriate Minister for reconsideration of order, direction or judgment

Communications with the court

Recording and transcription of proceedings

39.9

(1) At any hearing, whether in the High Court or the County Court, the proceedings will be tape recorded or digitally recorded unless the judge directs otherwise.

(2) No party or member of the public may use unofficial recording equipment in any court or judge’s room without the permission of the court. (To do so without permission constitutes a contempt of court under section 9 of the Contempt of Court Act 1981.)

(3) Any party or person may require a transcript or transcripts of the recording of any hearing to be supplied to them, upon payment of the charges authorised by any scheme in force for the making of the recording or the transcript.

(Paragraph 6(2) of Practice Direction 52C (Appeals to the Court of Appeal) deals with the provision of transcripts for use in the Court of Appeal at public expense.)

(4) Where the person requiring the transcript or transcripts is not a party to the proceedings and the hearing or any part of it was held in private under rule 39(2), paragraph (3) of this rule does not apply unless the court so orders.

(5) At any hearing, whether in public or in private, the judge may give appropriate directions to assist a party, in particular one who is or has been or may become unrepresented, for the compilation and sharing of any note or other informal record of the proceedings made by another party or by the court.

Discontinuance and settlement

39.10

(1) Where a claim is discontinued or settled after a date for the trial or trial window (the period during which it is expected that the trial will take place) has been fixed, the parties must ensure that the listing officer for the trial court is notified immediately.

(2) If an order is drawn up giving effect to the discontinuance or settlement, a copy of the order should be filed with the listing officer.

Requirement to send copy of declaration to the Public Guardian

57.24

Where a declaration of presumed death made under the 2013 Act satisfies section 3(3)(a) or (b) of that Act, the court must send a copy of the declaration to the Public Guardian.

SECTIONVI — PROCEEDINGS UNDER THE GUARDIANSHIP (MISSING PERSONS) ACT 2017

Scope and interpretation

57.25

(1) This Section contains rules about proceedings under the Guardianship (Missing Persons) Act 2017.

(2) In this Section, terms used in the Guardianship (Missing Persons) Act 2017 have the meaning given by that Act, and—

(a) “the 2017 Act” means the Guardianship (Missing Persons) Act 2017;

(b) “the missing person” means the person who is or has been asserted to be “missing” within the meaning of the 2017 Act;

(c) “a claim for a guardianship order” means an application under section 2 (applying for a guardianship order) of the 2017 Act for a guardianship order;

(d) “an application for a revocation/variation order” means—

(i) an application under section 12 (variation of a guardianship order) of the 2017 Act for an order varying a guardianship order; or

(ii) an application under section 13 (revocation of a guardianship order) of the 2017 Act for an order revoking a guardianship order;

(e) “an application relating to a guardianship order” means any application which relates to the exercise of functions of a guardian but which is not a claim for a guardianship order or an application for a revocation/variation of a guardianship order;

(f) “an intervener” means either a person who falls within section 21(1) of the 2017 Act and who has given notice of intention to intervene, or a person to whom the court has given permission to intervene.

Proceedings to be in the High Court

57.26

(1) Proceedings under the 2017 Act must be issued in the High Court in either—

(a) the Chancery Division; or

(b) the Family Division.

(2) The Civil Procedure Rules apply to proceedings under the 2017 Act which are brought in the Family Division, except that in the Family Division the provisions of Part 29 of the Family Procedure Rules 2010 relating to the drawing up and service of orders shall apply instead of the provisions in the Civil Procedure Rules Part 40 and Practice Direction 40B.

Procedure for making claims for a guardianship order

57.27

(1) A claim for a guardianship order must be made by issuing a claim form in accordance with Part 8.

(2) Following issue, the court shall fix a date for the first hearing of the claim and which shall, unless the court otherwise orders, be not less than 56 days from the date of issue; but any person may apply for the claim or an application to be heard at an earlier date.

(3) In addition to the matters set out in rule 8.2 (contents of the claim form), the claim form must also include the information required by paragraph 1.1 of Practice Direction 57C and be accompanied by a witness statement containing the information required by paragraph 1.2 and, where appropriate, paragraph 1.3 of Practice Direction 57C.

(4) The claim form must name the missing person as the defendant but—

(a) the claimant need take no steps to serve the claim form upon the missing person unless the court orders otherwise;

(b) the court shall consider at the first hearing what, if any, directions to make regarding service or dispensing with service of the claim form upon the missing person;

(5) Rules 8.3, 8.4 and 8.5 (rules relating to part 8 claims) shall not apply.

(Rule 57.29 sets out further steps that a claimant must take.)

Procedure for making applications for revocation/variation of guardianship orders and applications relating to guardianship orders

57.28

(1) An application for a revocation/variation order and an application relating to a guardianship order must be made in accordance with Part 23 as modified by this rule and by paragraph 2 of Practice Direction 57C.

(2) In addition to the matters set out in rule 23.6 (what an application notice must include), the application notice must also include, or be accompanied by, a witness statement which contains the information required by paragraph 2 of Practice Direction 57C in relation to that type of application.

(3) Following issue, the court shall fix a date for the first hearing of the application which shall, unless the court otherwise orders, be not less than 56 days from the date of issue; but any person may apply for the application to be heard at an earlier date.

(4) The applicant need take no steps to serve the application or any order upon the missing person unless the court orders otherwise.

(5) Rules 23.9 and 23.11 apply as modified by paragraphs (6) and (7).

(6) Rule 23.9(2) (service of application where application made without notice) applies as if it did not refer to the missing person as defendant, but did refer also to any interveners.

(7) Rule 23.11 (power of court to proceed in the absence of a party) applies as if the words “or any intervener” were inserted after both references to “any respondent”.

(Rules 57.29 and 57.30 set out further steps that applicants must take.)

Giving notice and advertisement of claim for a guardianship order or an application for a revocation/variation order

57.29

(1) The claimant or applicant must, within 14 days of notification of the date of the first hearing of the claim for a guardianship order or of an application for a revocation/variation order—

(a) send notice of the claim or application to those of the following persons whose identity and current residential or e-mail address or nominated address for service are known to the claimant or applicant—

(i) the spouse or civil partner of the missing person;

(ii) any parent of the missing person;

(iii) any child of the missing person;

(iv) any sibling of the missing person;

(v) if there are no persons within paragraphs (i) to (iv), the nearest relative of the missing person known to the claimant or applicant;

(vi) any guardian or any former guardian of the missing person;

(vii) any person who has previously intervened in and/or become a party to these or any proceedings in which a guardianship order was sought in relation to the missing person,

by sending (subject to any redaction ordered by the court, and subject to paragraph (2)) the material set out in paragraph 3.1 of Practice Direction 57C to the relevant addresses; and

(b) advertise notice of the claim or application—

(i) in a form which meets the requirements set out in paragraph 4.1 of Practice Direction 57C;

(ii) in at least one public news media circulating in or relating to the vicinity of the last known usual place of residence of the missing person;

being “Advertisement of the claim/application”.

(2) If the person has a nominated address for service known to the claimant or applicant, and provided that such address for service has been nominated expressly for the purpose of 2017 Act proceedings, the material need only be sent to that address; and, if the claimant or applicant has no access to any, or no, e-mail address of their own, they need not send the material to any e-mail address.

(3) The claimant or applicant must file at court no later than 7 days before the first hearing of the claim or application, a witness statement—

(a) confirming compliance with paragraph (1)(a), and attaching Form N215 (Certificate of Service) completed to describe each method of sending to each person, as if references on that form to “service” were to “sending”; and

(b) confirming compliance with paragraph (1)(b), and containing or attaching evidence of Advertisement of the claim/application, including details of how, where and when it was advertised.

Giving notice and advertisement of applications relating to guardianship orders or the potential exercise of powers under the 2017 Act

57.30

(1) Unless the court dispenses with the need for notice, notice of an application relating to a guardianship order must be sent to those of the following persons whose identity and current residential or e-mail address or nominated address for service are known to the applicant—

(a) the spouse or civil partner of the missing person;

(b) any parent of the missing person;

(d) any sibling of the missing person;

(e) if there are no persons within sub-paragraphs (a) to (d), the nearest relative of the missing person known to the applicant;

(f) any guardian or any former guardian of the missing person;

(g) any person who has previously intervened in and/or become a party to these or any proceedings in which a guardianship order was sought in relation to the missing person,

by sending (subject to any redaction ordered by the court, and subject to paragraph (2)) the material set out in paragraph 3.1 of Practice Direction 57C to the relevant addresses within 14 days after the court has notified the date for the hearing of the application.

(2) If the person has a nominated address for service known to the applicant, and provided that such address for service has been nominated expressly for the purpose of 2017 Act proceedings, the material need only be sent to that address; and, if the applicant has no access to any, or no, e-mail address of their own, they need not send the material to any e-mail address.

(3) The applicant must file at court no later than 7 days before the first hearing of the application, a witness statement confirming compliance with paragraph (1) above and attaching Form N215 (Certificate of Service) completed to describe each method of sending to each person as if references on that form to “service” were to “sending”.

(4) The court may make—

(a) a direction for advertisement of the application; and

(b) any further provision for notification or service of the application.

(5) If the court is considering whether to exercise a power under the 2017 Act without an application having been made, the court may require—

(i) notice of the matter to be given (in such manner the court may direct) to any of the persons listed in paragraph (1), or to any other person; and

(ii) the matter to be advertised in such manner as the court may direct.

Interveners

57.31

(1) A person who is entitled under section 21(1) (right to intervene) of the 2017 Act to intervene in a claim for a guardianship order, an application for a revocation/variation order, or an application relating to a guardianship order should, not less than 14 days before the first hearing date of the claim or application, notify the court and the claimant/applicant of any intention to intervene in accordance with the requirements of paragraph 5.1 of Practice Direction 57C.

(2) On receipt of a notice under paragraph (1) the court may give case management directions.

(3) Failure to comply with paragraph (1) shall not prevent the person from intervening (if they are otherwise entitled to do so) but may be taken into account on any question relating to costs.

(4) Any other person who wishes to intervene in such proceedings must, not less than 14 days before the first hearing date of the claim or application, file with the court and serve on the claimant/applicant an application for permission to intervene in accordance with Part 23 and paragraph 5.2 of Practice Direction 57C.

(5) Within 7 days of receiving an application for permission to intervene—

(a) from a person who has not been sent or served with the claim form or the application notice, the claimant/applicant must serve a copy of the claim form or application, the evidence in support and notice of the hearing date, upon the person seeking permission to intervene; and in any case

(b) the claimant or applicant must file with the court and serve upon the person seeking permission to intervene, a statement of whether or not they object and any evidence in support of any objection.

(6) Where the court grants permission to intervene to a person who otherwise has no entitlement to intervene under section 21(1) (right to intervene) of the 2017 Act, it may do so on conditions and may give case management directions.

(7) The court may direct that a person who intervenes in proceedings be added as a claimant (provided that they consent in writing) or defendant to the claim.

Requirement to send copy of all orders made to the Public Guardian

57.32

Where the court makes a guardianship order, a revocation/variation order, an order relating to the functions of a guardian, or an order granting or refusing permission to intervene, it shall send a copy of such order to the Public Guardian.

Death of the missing person

57.33

(1) If the missing person has died before or dies after the issue of the claim then, subject to any order of the court, the claim shall not abate or be stayed, and rule 19.12 shall not apply.

(2) If the claimant considers that there is real doubt as to whether the missing person is still alive, the claim form may incorporate claims under both the Presumption of Death Act 2013 (“the 2013 Act”) and the 2017 Act.

(3) If the court determines at any point in the claim that the missing person has not been known to be alive for a period of seven years whether before or after the issue of the claim, the court may order that the claim should continue as if it had been brought under the 2013 Act.

(4) The court may make an order under or in relation to paragraphs (2) and (3) on such terms and conditions and with such consequential provisions as it considers appropriate.

Specialist list

Application of the Civil Procedure Rules

Proceedings in the Media and Communications List

53.4

(1) A media and communications claim that is issued in the High Court must be issued in the King’s Bench Division, Royal Courts of Justice, and marked in the top left corner “Media and Communications List”.

(2) A media and communications claim that is issued in a District Registry of the High Court must be transferred either to the County Court or to the Royal Courts of Justice (as appropriate).

Summary disposal under the Defamation Act 1996

53.5

(1) This rule provides for summary disposal in accordance with the Defamation Act 1996 (“the Act”).

(2) In proceedings for summary disposal under sections 8 and 9 of the Act, rules 24.4 (procedure), 24.5 (evidence) and 24.6 (directions) apply.

(3) An application for summary judgment under Part 24 may not be made if—

(a) an application has been made for summary disposal in accordance with the Act, and that application has not been disposed of; or

(b) summary relief has been granted on an application for summary disposal under the Act.

(4) The court may on any application for summary disposal direct the defendant to elect whether or not to make an offer to make amends under section 2 of the Act.

(5) When it makes a direction under paragraph (4), the court must specify the time by which and the manner in which—

(a) the election is to be made; and

(b) the notification of it is to be given to the court and the other parties.

Sources of information

53.6

Unless the court orders otherwise, a party will not be required to provide further information about the identity of the defendant’s sources of information.

(Part 18 provides for requests for further information.)

Reconsideration of a decision made by a legal adviser

73.10ZA

(1) Any interested person may request any decision of a legal adviser to be reconsidered by a District Judge.

(2) A request must be filed within 14 days after the interested person is served with a notice of the decision, or becomes aware of the decision.

(3) The request may include a summary of the issue and an explanation of why the reconsideration is sought.

(4) Reconsideration may take place without a hearing.

(5) When reconsidering the decision of the legal adviser, the District Judge may exercise any of the powers listed in rule 73.10(7).

Further consideration of the application where interim charging order was made other than at the Civil National Business Centre, or has been transferred out of that Centre under rule 73.4(6)

Discharge or variation of order

Enforcement of charging order by sale

Stay of possession proceedings, coronavirus

55.29

(1) Subject to paragraph (2), all possession proceedings brought under this Part and all enforcement proceedings by way of writ or warrant of possession that are—

(a) stayed immediately prior to this rule coming into force; or

(b) brought after this rule comes into force and on or before 19 September 2020,

are stayed until 20 September 2020.

(2) Paragraph (1) does not apply to—

(a) a claim against trespassers to which rule 55.6 applies;

(b) proceedings under Section III of this Part;

(d) a claim for injunctive relief.

(3) Paragraph (1) does not prevent the bringing of a claim notwithstanding that it may be stayed.

(4) For the purposes of the application of any rule to any proceedings that are stayed by paragraph (1)—

(a) time does not run; and

(b) no notice is required to be given by the court.

Coronavirus – temporary provision

55.A1

(1) Practice Direction 55C makes provision for how claims under this Part (including appeals) are to proceed following the expiry of the stay provided for by rule 55.29.

(2) This Part has effect subject to Practice Direction 55C for the period specified, and in the manner specified, in Practice Direction 55C.

Interpretation

Notice of execution of writs and warrants of possession

83.8A

(1) This rule applies to—

(a) writs of possession; and

(b) warrants of possession,

other than writs and warrants excluded by paragraph (6).

(2) Subject to paragraph (5)—

(a) a notice of eviction must be delivered to the premises not less than 14 days before the writ or warrant is executed; but

(b) if full execution of the writ or warrant has not taken place on the day specified in a notice of eviction delivered pursuant to sub-paragraph (a) relating to the writ or warrant, or on or by the day or days specified in any further notice of eviction or further notices of eviction delivered pursuant to this sub-paragraph relating to the writ or warrant, a further notice of eviction must be delivered to the premises not less than 7 days before the writ or warrant is or is further executed.

(3) The notice of eviction referred to in paragraph (2)(a) and any further notice of eviction or further notices of eviction referred to in paragraph (2)(b) must each—

(a) be addressed to—

(i) all persons against whom the possession order was made; and

(ii) “any other occupiers”; and

(b) be in the relevant form prescribed by Practice Direction 83.

(4) The notice of eviction and any further notice of eviction or further notices of eviction must each be delivered by—

(a) inserting it through the letter box in a sealed transparent envelope; or

(b) if that is not practicable—

(i) attaching a copy to the main door or some other part of the land so that it is clearly visible; or

(ii) if that is not practicable, placing stakes in the land in places where they are clearly visible and attaching to each stake a copy of the notice in a sealed transparent envelope.

(5) The court may (at the request of any person)—

(a) dispense with the requirement to deliver a notice of eviction or any further notice of eviction or any further notices of eviction; or

(b) extend or shorten the time by which a notice of eviction or any further notice of eviction or any further notices of eviction must be delivered,

but may not exercise its powers under sub-paragraph (b) so as to postpone the date of execution of any writ or warrant of possession beyond the last date permitted for that purpose by or under any enactment.

(6) This rule does not apply to writs or warrants of possession to enforce possession orders against trespassers, other than possession orders against persons who entered or remained on the premises with the consent of a person who, at the time consent was given, had an immediate right to possession of the premises.

Revision and variation of costs budgets on account of significant developments (“variation costs”)

3.15A

(1) A party (“the revising party”) must revise its budgeted costs upwards or downwards if significant developments in the litigation warrant such revisions.

(2) Any budgets revised in accordance with paragraph (1) must be submitted promptly by the revising party to the other parties for agreement, and subsequently to the court, in accordance with paragraphs (3) to (5).

(3) The revising party must—

(a) serve particulars of the variation proposed on every other party, using the form prescribed by Practice Direction 3D;

(b) confine the particulars to the additional costs occasioned by the significant development; and

(c) certify, in the form prescribed by Practice Direction 3D, that the additional costs are not included in any previous budgeted costs or variation.

(4) The revising party must submit the particulars of variation promptly to the court, together with the last approved or agreed budget, and with an explanation of the points of difference if they have not been agreed.

(5) The court may approve, vary or disallow the proposed variations, having regard to any significant developments which have occurred since the date when the previous budget was approved or agreed, or may list a further costs management hearing.

(6) Where the court makes an order for variation, it may vary the budget for costs related to that variation which have been incurred prior to the order for variation but after the costs management order.

Costs management conferences

Court to have regard to budgets and to take account of costs

Assessing costs on the standard basis where a costs management order has been made

Claims against Welsh public bodies to be issued and heard in Wales

7.1A

Unless required otherwise by any enactment, rule or practice direction, any claim against Welsh public bodies which challenges the lawfulness of their decisions must be issued and heard in Wales.

Claims against Welsh public bodies to be forwarded for issue in Wales

7.1B

If a court or centre in England receives a claim which should pursuant to rule 7.1A be issued in Wales a court officer shall forward it for issue in the Administrative Court Office in Wales or other appropriate court office in Wales.

How to start proceedings

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

Particulars of claim

Service of a claim form

Extension of time for serving a claim form

Application by defendant for service of claim form

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

Fixed date and other claims

Production Centre for claims

Human Rights

Electronic issue of claims

Fines imposed under section 55 of the County Courts Act 1984

34.7A

If a person has failed to comply with an order under section 55 of the County Courts Act 1984 but can demonstrate any reason why they should not be (or should not have been) fined for failure to comply with the order, the court may direct that that person give evidence by witness statement, affidavit or otherwise.

Evidence by deposition

Conduct of examination

Enforcing attendance of witness

Use of deposition at a hearing

Restrictions on subsequent use of deposition taken for the purpose of any hearing except the trial

Where a person to be examined is out of the jurisdiction—letter of request

Letter of request – Proceeds of Crime Act 2002

Fees and expenses of examiner of the court

Examiners of the court

Application for order

70.1A

(1) In this rule, reference to a fine is to a fine imposed under the County Courts Act 1984.

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

(3) Where a fine is directed to be paid by instalments, default in the payment of any instalment may be taken as if default had been made in payment of the whole of the fine.

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

(5) 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.

Methods of enforcing judgments or orders

Court may order act to be done at expense of disobedient party

Transfer of proceedings for enforcement

Enforcement of judgment or order by or against non-party

Enforcement of decisions of bodies other than the High Court and the County Court and compromises enforceable by enactment

Effect of setting aside judgment or order

Scope

Interpretation

How to make a contempt application

Requirements of a contempt application

Service of a contempt application

Cases where no application is made

Directions for hearing of contempt proceedings

Hearings and judgments in contempt proceedings

Powers of the court in contempt proceedings

Applications to discharge committal orders

Service on a solicitor ... within the United Kingdom ...

Participation of vulnerable parties or witnesses

1.6

Practice Direction 1A makes provision for how the court is to give effect to the overriding objective in relation to vulnerable parties or witnesses.

Temporary modifications for coronavirus or other emergency

51.3

Practice directions may modify or disapply any provision of these rules—

(a) for specified periods; and

(b) in relation to proceedings in specified courts,

in order to address issues for the work of the courts arising from the coronavirus (SARS-CoV-2) outbreak or any other public emergency.

Debt respite scheme

70.7

(1) A practice direction may make provision for procedure relating to any debt respite scheme established under section 7 of the Financial Guidance and Claims Act 2018.

(2) The practice direction may modify or disapply any provision of these Rules as appropriate in relation to such a debt respite scheme.

Application for permission to issue writ of sequestration

83.14A

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

(a) to a judge of the Division of the High Court in which the case is proceeding or, in any other case, to a judge of the King’s Bench Division;

(b) by filing an application notice under Part 23.

(2) The application notice must set out the grounds of the application and must be supported by evidence.

(3) The supporting evidence must be by affidavit or affirmation unless and to the extent that the court directs otherwise.

(4) The application must be served personally on the other party or parties unless the court directs otherwise in accordance with Part 6.

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