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The CPR 1998
Appendices
Index
Practice Directions
5. Procedural Appeals
Practice Guides
Prescribed Forms
1. Claim Form
10. Application
11. Witness Summons
12. Writ of Execution against Goods (Fieri Facias)
13. Writ of Possession
14. Writ of Delivery or Value
15. Writ of Specific Delivery
16. Admiralty Claim in Rem
17. Admiralty Limitation Claim
18. Warrant of Arrest (Admiralty)
19. Notice of Appeal
1A. Notes for Defendant
2. Fixed Date Claim Form
20. Financial Position Notice
21. Ancillary Claim/Third Party Notice
22. Notice to Non-Party Served with Order
23. Writ of Habeas Corpus
24. Application to Review Decision of Magistrate or Justice of the Peace refusing/granting Bail
3. Appearance to Claim Form
3A. Application to Pay by Instalments
4. Appearance to Fixed Date Claim
5. Defence and Counterclaim
6. Request for Default Judgment
7. Request for Entry of Judgment on Admission
7A. Hearing on Quantum of Damages
8. List of Documents
9. Listing Questionnaire
Attachments
Foreword
Table of Contents
1. The Overriding Objective
1.1 The overriding objective
1.2 Application by the court of the overriding objective
1.3 Duty of the parties
10. Defence
10.1 Scope of this Part
10.10 Reply to defence
10.2 The defendant - filing defence and the consequences of not doing so
10.3 The period for filing defence
10.4 Service of copy of defence
10.5 Defendant's duty to set out his case
10.6 Consequences of not setting out defence
10.7 Additional matters which must be included in defence
10.8 Special requirements applying to claims for personal injuries
10.9 Defence of tender
11. General Rules about Applications for Court Orders
11.1 Scope of this Part
11.10 Service of notice of application
11.11 Powers of court in relation to the conduct of an application
11.12 Consequences of not asking for order in application
11.13 Applications which may be dealt with without hearing
11.14 Service of application where order made on application made without notice
11.15 Application to set aside or vary order made on application made without notice
11.16 Power of the court to proceed in the absence of a party
11.17 Application to set aside order made in the absence of a party
11.2 Applicants and respondents
11.3 Where to make an application
11.4 Application to be in writing
11.5 Notice of application and evidence in support
11.6 Time when application is made
11.7 What an application must include
11.8 Evidence in support of application
11.9 Contents of notice of application
12. Default Judgments
12.1 Scope of this Part
12.10 Directions to be given where further decision of court is needed
12.11 Defendant's rights following default judgment
12.12 Claim against more than one defendant
12.2 Claims in which default judgment may not be obtained
12.3 Conditions to be satisfied - judgment for failure to enter appearance
12.4 Conditions to be satisfied - judgment for failure to defend
12.5 Procedural requirements
12.6 Claim for specified sum of money
12.7 Nature of default judgment
12.8 Interest
12.9 Costs
13. Setting Aside or Varying Default Judgment
13.1 Scope of this Part
13.2 Cases where the court must set aside judgment entered under Part 12
13.3 Cases where the court may set aside or vary judgment entered under Part 12
13.4 Application to vary or set aside judgment - procedure
13.5 Court to impose condition as to filing of defence
13.6 Hearing may be treated as case management conference
14. Judgment on Admissions
14.1 Making an admission
14.10 Requests for time to pay - procedure where time and rate not agreed
14.11 Right of reconsideration
14.12 Variation of order
14.2 Admissions by a minor or patient
14.3 Admission by notice in writing - application for judgment
14.4 Action on receipt of admission in whole or in part of money claim
14.5 Admission of claim for specified amount of money
14.6 Admission of part of claim for money only
14.7 Admission of liability to pay the whole of a claim for an unspecified amount of money
14.8 Requests for time to pay
14.9 Requests for time to pay - procedure where time and rate agreed
15. Summary Judgment
15.1 Scope of this Part
15.2 Grounds for summary judgment
15.3 Types of proceedings for which summary judgment is available
15.4 Procedure
15.5 Evidence for the purpose of a summary judgment hearing
15.6 Powers of the court on an application for summary judgment
16. Assessment of Damages
16.1 Scope of this Part
16.2 Assessment of damages after default judgment
16.3 Assessment of damages after admission of liability on claim for an unspecified sum of money
16.4 Assessment of famages after direction for trial of issue of quantum
17. Interim Remedies
17.1 Orders for interim remedies
17.2 Time when an order for an interim remedy may be made
17.3 How to apply for an interim remedy
17.4 Interim payments - general procedure
17.5 Interim payments - conditions to be satisfied and matters to be taken into account
17.6 Powers of court where it has made an order for interim payment
17.7 Power of court to order early trial, etc.
18. Counterclaims, Ancillary Claims and other Similar Claims
18.1 Meaning of "ancillary claim"
18.10 Matters relevant to the question whether an ancillary claim should be dealt with separately from the main claim
18.11 Effect of service of ancillary claim form
18.12 Special provisions relating to judgment on failure to file defence to ancillary claim
18.13 Procedural steps on service of ancillary claim form on non-party
18.14 Case management where there is defence to ancillary claim
18.2 Ancillary claim to be treated as claim for the purposes of the Rules
18.3 Defendant's claim for contribution or indemnity from co-defendant
18.4 Procedure for making ancillary claim other than counterclaim
18.5 Making a counterclaim
18.6 Counterclaim may survive claim
18.7 Restrictions on right to make counterclaim or set-off in proceedings by or against the State
18.8 Adding other defendants to counterclaim
18.9 Defence to ancillary claim
19. Addition and Substitution of Parties
19.1 Scope of this Part
19.2 Change of parties - general
19.3 Claim not to fail by adding or failing to add parties
19.4 Provisions applicable where two or more persons are jointly entitled to a remedy
19.5 Procedure for adding and substituting parties
2. Application and Interpretation of the Rules
2.1 Citation and Commencement
2.10 Meaning of "month"
2.11 Documents
2.12 Time - alternative dispute resolution
2.2 Application of the Rules
2.3 Definitions
2.4 Who may exercise the powers of the court
2.4A Powers, authority and jurisdiction of the registrar
2.4B Powers, authority and jurisdiction of the masters
2.5 Court staff
2.6 Court's discretion as to where it deals with cases
2.7 Time - court to state calendar date
2.8 Time - computation
2.9 Time - vacations
20. Changes to Statements of Case
20.1 Changes to statements of case
21. Representative Parties
21.1 Representative claimants and defendants - general
21.2 Appointment of representative claimant or defendant - procedure
21.3 Consequence of order appointing representative party
21.4 Representation of persons who cannot be ascertained, etc., in proceedings about estates, trusts and the construction of written instruments
21.5 Compromise in proceedings to which rule 21.4 applies
21.6 Representation of beneficiaries by trustees
21.7 Proceedings against the estate of a dead party
21.8 Power of court to give directions to enable proceedings to be carried on after a party's death
21.9 Power of court to strike out action after death of claimant or defendant
22. Miscellaneous Rules about Parties
22.1 Partners
22.2 Person carrying on business in a name not his own
22.3 Bodies corporate
23. Minors and Patients
23.1 Scope of this Part
23.10 Appointment of next friend by court order - supplementary
23.11 Procedure where appointment of next friend ceases
23.12 Compromise etc., by or on behalf of minor or patient
23.13 Control of money recovered by or on behalf of minor or patient
23.14 Proceedings under Compensation for Injuries Act
23.2 Requirement of next friend in proceedings by or against minors or patients
23.3 Stage of proceedings at which next friend becomes necessary
23.4 Who may be minor's next friend
23.5 Who may be patient's next friend
23.6 Conditions for being next friend without court order
23.7 How a person becomes next friend without court order
23.8 How a person becomes next friend by court order
23.9 Court's power to terminate appointment of and substitute next friend
24. Security for Costs
24.1 Scope of this Part
24.2 Application for an order for security
24.3 Conditions to be satisfied
24.4 Security for costs against counter-claiming defendant
24.5 Enforcing an order for security for costs
25. Case Management - The Objective
25.1 Court's duty to manage cases
26. Case Management - The Court's Powers
26.1 Court's general powers of management
26.2 Sanctions - striking out statement of case
26.3 Court's general power to strike out statement of case
26.4 Judgment without trial after striking out
26.5 Setting aside judgment after striking out
26.6 Court's powers in cases of failure to comply with rules, orders or directions
26.7 Relief from sanctions
26.8 General power of the court to rectify matters where there has been an error of procedure
27. Case Management Conferences - Procedure
27.1 Scope of this Part
27.10 Listing questionnaire
27.11 Fixing trial date
27.2 Fixed date claims - first hearing
27.3 Case management conference
27.4 Dispensing with case management conference
27.5 Attendance at case management conference or pre trial review
27.6 Orders to be made at a case management conference
27.7 Separate trial of issues of liability and quantum
27.8 Adjournment of case management conference
27.9 Variation of case management timetable
28. Disclosure and Inspection of Documents
28.1 Scope of this Part
28.10 Disclosure in stages
28.11 Inspection and copying of listed documents
28.12 Duty of disclosure continuous during proceedings
28.13 Consequence of failure to disclose documents under an order for disclosure
28.14 Claim of right to withhold disclosure or inspection of a document
28.15 Restriction on use of a privileged document inspection of which has been inadvertently allowed
28.16 Documents referred to in statements of case, etc.
28.17 Subsequent use of disclosed documents
28.18 Notice to prove a document
28.2 Duty of disclosure limited to documents which are or have been in party's control
28.3 Disclosure of copies
28.4 Standard disclosure
28.5 Specific disclosure
28.6 Criteria for ordering specific disclosure
28.7 Procedure for disclosure
28.8 Duty of legal practitioner
28.9 Requirement for party to certify that he understands duty of disclosure
29. Evidence
29.1 Power of court to control evidence
29.10 Amplifying witness statements at trial
29.11 Cases where witness statement is evidence even if witness not called
29.12 Cross-examination on a witness statement
29.13 Consequences of failure to serve witness statement or summary
29.14 Use of witness statements for other purposes
29.15 Notice to admit facts
29.2 Evidence at trial - general rule
29.3 Evidence by video link or other means
29.4 Requirement to serve witness statements
29.5 Form of witness statements
29.6 Witness summaries
29.7 Procedure where one party will not serve witness statement by date directed
29.8 Supplemental witness statements
29.9 Witness to give evidence unless court otherwise orders
3. Forms
3.1 Forms
30. Evidence - Hearsay
30.1 Scope of this Part
30.2 Service of hearsay notice
30.3 Contents of notice—statement admissible under s.37 of the Act
30.4 Contents of notice—statement admissible under s.39 of the Act
30.5 Contents of notice—statement admissible under s.40 of the Act
30.6 Reasons for not calling person as witness
30.7 Service of counter-notice
30.8 Power of court to allow statement to be given in evidence
30.9 Notice of intention to challenge credibility of hearsay evidence
31. Affidavits
31.1 Affidavit evidence
31.2 Form of affidavit
31.3 Contents of affidavit
31.4 Documents to be used in conjunction with affidavit
31.5 Making of affidavits
31.6 Service of affidavit
32. Miscellaneous Rules about Evidence
32.1 Use of plans, photographs, etc., as evidence
32.2 Evidence of findings on question of foreign law
32.3 Evidence of consent of trustee to act
33. Experts and Assessors
33.1 Expert's overriding duty to the court
33.10 Contents of report
33.11 Meeting of experts
33.12 Consequence of failure to disclose expert's report
33.13 Appointment of assessors
33.14 Fees for experts or assessors
33.15 Cross-examination of court expert
33.2 Experts - way in which duty to court is to be carried out
33.3 Expert's right to apply to the court for directions
33.4 General duty of the court and of the parties
33.5 Court's power to restrict expert evidence
33.6 Court's power to appoint a single expert
33.7 Joint instructions to experts
33.8 Power of court to direct party to obtain and share expert evidence
33.9 Expert's reports to be addressed to the court
34. Court Attendance by Witnesses
34.1 Scope of this Part
34.10 Conduct of examination
34.11 Evidence without examiner being present
34.12 Enforcing attendance of witness before an examiner
34.13 Time taken to be endorsed on deposition
34.14 Special report
34.15 Fees and expenses of examiner
34.16 Order for payment of examiner's fees
34.17 Use of deposition at hearing
34.18 Restrictions on subsequent use of depositions taken for the purpose of any hearing except the trial
34.19 Where a person to be examined is out of the jurisdiction - letter of request
34.2 Witness summons
34.20 Early appointment to produce documents
34.3 Issue of witness summons
34.4 Witness summons in aid of inferior court or tribunal
34.5 Time for serving witness summons
34.6 Who is to serve witness summons
34.7 Right of witness to travelling expenses and compensation for loss of time
34.8 Enforcing attendance of witness
34.9 Evidence by deposition
35. Requests for Information
35.1 Right of parties to obtain information
35.2 Orders compelling reply to request for information
35.3 Time limits for compelling reply
35.4 Information obtained under Part 35 not to be used in other proceedings
36. Offers to Settle
36.1 Scope of this Part
36.10 Procedure for acceptance
36.11 Effect of acceptance - generally
36.12 Effect of acceptance where there are more than two parties
36.13 Costs of offeror and offeree where offer is accepted - defendant's offer
36.14 Costs of offeror and offeree where offer is accepted - claimant's offer
36.15 Costs where offer not accepted - general rules
36.16 How costs are to be dealt with
36.2 Introductory
36.3 Making offer to settle
36.4 Time when offer to settle may be made
36.5 Procedure for making offer to settle
36.6 Extent to which offer to settle covers interest, costs or counterclaim
36.7 Offer to settle made after interim payment
36.8 Offer to settle part of claim
36.9 Time limit for accepting offer to settle
37. Payments into Court to Support Offers under Part 36 and Under Order
37.1 Scope of this Part
37.2 Payments into court to support offers to settle
37.3 Right to payment out on acceptance of offer
37.4 Cases where payment out requires court order - general
37.5 Money paid into court under order - general
37.6 Money paid into court as condition for permission to defend or to continue to defend
38. Discontinuance
38.1 Scope of this Part
38.2 Right to discontinue claim
38.3 Procedure for discontinuing
38.4 Right to apply to have notice of discontinuance set aside
38.5 Effect of discontinuance
38.6 Liability for costs
38.7 Quantification of costs
38.8 Discontinuance and subsequent proceedings
39. Pre-Trial Review
39.1 Scope of this Part
39.2 Direction for a pre-trial review
39.3 Rules relating to case management conferences to apply
39.4 Who is to conduct pre-trial review
39.5 Parties to prepare statement of issues
39.6 Directions at pre-trial review
4. Practice Directions and Guides
4.1 Who may issue practice directions
4.2 Scope of practice directions
4.3 Publication of practice directions
4.4 Date from which practice directions take effect
4.5 Compliance with practice directions
4.6 Practice guides
40. Trial
40.1 Documents for use at trial
40.2 Failure of a party to attend trial
40.3 Application to set aside judgment given in party's absence
40.4 Adjournment of trial
40.5 Inspection
40.6 Powers of judge to summon witnesses
41. Appointment of Referee to Inquire and Report
41.1 Power to order trial before referee
41.2 Reference to referee for inquiry and report
41.3 Appointment of referee
41.4 Powers of referee
41.5 Report following reference
41.6 Consideration of report by court
41.7 Restrictions on appointment of referee in proceedings by or against the State
42. Accounts and Inquiries
42.1 Scope of this Part
42.2 Directions for account
42.3 Verification of account
42.4 Omissions, etc., in account
42.5 Allowances
42.6 Delay
42.7 Distribution before entitlement ascertained
42.8 Guardian's accounts
43. Judgments and Orders
43.1 Scope of this Part
43.10 Correction of errors in judgment or orders
43.11 Cases where court gives judgment both on claim and counterclaim
43.12 Service of copy order on a person not a party
43.2 Parties present when order made or notified of terms to be bound
43.3 Practice forms to be used where available
43.4 Standard requirements
43.5 Drawing of judgments and orders
43.6 Service on party personally
43.7 Consent judgments and orders
43.8 Time when judgment or order takes effect
43.9 Time for complying with a judgment or order
43.13 Office Copies
44. Enforcement - General Provisions
44.1 Scope of this Part
44.10 Enforcement of awards, etc., made by outside bodies
44.2 Procedure for beginning enforcement
44.3 Judgment subject to condition
44.4 Separate enforcement of costs
44.5 Effect of setting aside judgment or order
44.6 Court's powers where person ordered to do act fails to comply
44.7 Judgment for sum in foreign currency
44.8 Enforcement by or against non-party
44.9 Enforcement against a partnership
45. Oral Examination in Aid of Enforcement
45.1 Scope of this Part
45.2 Who may be orally examined
45.3 Procedure to obtain an order for oral examination
45.4 Order for oral examination
45.5 Conduct of oral examination
45.6 Financial position notice
46. How Judgments may be Enforced
46.1 Scope of this Part
46.2 How money judgments may be enforced
46.3 Enforcement of orders for payment of money into court
46.4 Enforcement of judgments and orders for possession of land
46.5 Enforcement of judgments and orders for delivery of goods
46.6 Enforcement of judgments requiring a person to do an act within a specified time or not to do an act
46.7 Enforcement of judgments and orders requiring a body corporate to do an act within a specified time or not to do an act
47. General Rules about Writs of Execution
47.1 Meaning of "writ of execution"
47.10 Order for specific delivery
47.11 Period for which writ of execution valid
47.12 Renewal of writ of execution
47.13 Period for which court may renew writ of execution
47.14 Effective date of renewed writ unchanged
47.15 Claims to goods seized under writ of execution
47.16 Suspension of writ of execution at request of judgment creditor
47.17 Return to writ of execution
47.2 Permission required to enforce in certain cases
47.3 Application for permission to enforce
47.4 Amount to be recovered on enforcement
47.5 Enforcement of judgment or order requiring judgment debtor to do two or more different things
47.6 No writ of execution against the State
47.7 Enforcement of judgment for payment by instalments
47.8 Writ of possession not to issue without leave
47.9 No writ of execution for goods or payment of assessed value unless court has assessed value
48. Variation of Judgments and Suspension of Writs of Fi Fa and Writs of Delivery
48.1 Scope of this Part
48.2 Applications to vary time and method of payment or suspend writ of fi fa or delivery
48.3 Where no objection except as to term - procedure
48.4 Application for reconsideration of court's decision
48.5 Where judgment creditor objects to variation or suspension
48.6 Pre-suspension costs
48.7 Judgment creditor's right to re-issue writ of execution
49. Charging Orders
49.1 Scope of this Part and definitions
49.10 Enforcement of charging order by sale
49.2 How to apply for charging order
49.3 Evidence in support of application for charging order
49.4 Single charging order for more than one judgment debt
49.5 Procedure for making provisional charging order
49.6 Interested persons
49.7 Service of a provisional charging order and of copies
49.8 Making of final charging order
49.9 Discharge or variation of final charging order
5. Service of Claim Form
5.1 Service of claim form - normal method
5.10 Alternative methods of service
5.11 Service of claim form on minors and patients
5.12 Power of court to make an order for service by a specified method
5.13 Proof of service by specified method
5.14 Service of claim form by contractually agreed method
5.15 Service of claim form on agent of principal who is overseas
5.16 Service of claim form for possession of land where land vacant
5.17 Deemed date of service
5.2 Statement of case to be served with claim form
5.3 Method of personal service
5.4 Permitted place of service
5.5 Proof of personal service
5.6 Service on a limited company
5.7 Service of claim form on a firm or partnership
5.8 Service of claim form on a body corporate
5.9 Proof of postal service
50. Stop Notices and Stop Orders
50.1 Scope of this Part
50.2 Right to apply for stop notice
50.3 Procedure for obtaining stop notice
50.4 Service
50.5 Amendment of stop notice
50.6 Withdrawal or discharge of stop notice
50.7 Stop orders
50.8 Procedure on application for stop order
50.9 Power to vary of discharge stop order
51. Attachment of Debts
51.1 Scope of this Part
51.10 Hearing to consider making final order
51.11 Claim to debt by person other than judgment debtor
51.12 Enforcement against garnishee
51.13 Discharge of garnishee's debt to judgment debtor
51.14 Costs of proceedings for attachment of debt
51.15 Money into court
51.2 Circumstances in which court may make order for attachment of debt
51.3 Procedure - making of provisional order
51.4 Money in bank accounts, etc.
51.5 Joint funds
51.6 Presumption of equal shares in joint fund
51.7 Attachment of debts owed by firm
51.8 Service of provisional order
51.9 Effect of provisional order
52. Appointment of Receiver
52.1 Scope of this Part
52.2 Application for appointment of receiver and injunction
52.3 Conditions for appointment of receiver
52.4 Giving of security by receiver
52.5 Remuneration of receiver
52.6 Receiver's powers
52.7 Accounts of receiver
52.8 Payment of balance into court
52.9 Default by receiver
53. Committal and Confiscation of Assets
53.1 Scope of this Part
53.10 Powers of the court
53.11 Restoration of adjourned hearing
53.12 Application for enforcement of suspended committal order or order for confiscation of assets
53.13 Special provisions relating to an order for confiscation
53.2 Order specifying time for act to be done
53.3 When committal order or confiscation of assets may be made
53.4 Committal order or confiscation of assets order against an officer of a body corporate
53.5 Need for permission to apply for committal order
53.6 Making committal order or confiscation of assets order when judgment or order not served
53.7 Undertakings
53.8 Application for committal order or confiscation of assets order
53.9 Service of notice of hearing
54. Interpleader
54.1 Scope of this Part
54.2 Claim to goods taken in execution
54.3 How to interplead
54.4 Service of interpleader application
54.5 Powers of the court
54.6 Power to order sale of goods taken in execution
55. Sale of Land by Order of Court
55.1 Scope of this Part
55.2 Sale of land under the Remedies of Creditors Act
55.3 Further directions on such a sale
55.4 Order for sale other than under the Remedies of Creditors Act (Chap. 8:09)
55.5 Conduct of sale
55.6 Certificate as to result of sale
55.7 Mortgage, exchange or partition of land
56. Administrative Law
56.1 Scope of this Part
56.10 Service of claim form for an administrative order
56.11 Evidence in answer
56.12 Case management conference
56.13 Applications
56.14 Hearing of application
56.15 Special provisions relating to orders for judicial review
56.2 Who may apply for judicial review
56.3 Judicial review - application for leave
56.4 Judicial review - hearing of application for leave
56.5 Delay
56.6 Proceedings by way of claim which should be an application for an administrative order
56.7 How to make an application for an administrative order
56.8 Publicity
56.9 Joinder of claims for other relief
57. Habeas Corpus
57.1 Scope of this Part
57.2 Application for issue of writ of habeas corpus ad subjiciendum
57.3 Power of the court
57.4 Service of writ
57.5 Return to writ
57.6 Bringing up prisoner to give evidence, etc.
58. Proceedings by and against the State
58.1 Scope of this Part
58.2 Transfer of proceedings
58.3 Service of claim form
58.4 Claimant's duty to give particulars
58.5 Claims to the court in certain revenue matters
58.6 Proceedings relating to postal packets
58.7 Applications under s. 31(2) of the Act
58.8 Enforcement against the State
59. Bail Applications
59.1 Scope of this Part
59.2 How to apply to the court
59.3 Hearing of application
6. Service of Other Documents
6.1 Who is to serve documents other than the claim form
6.2 Method of service
6.3 Address for serving such documents
6.4 Address for serving documents where no address for service is given
6.5 Service of documents on a person not a party
6.6 Deemed date of service by post
6.7 Power of Court to dispense with service
6.8 Service of notices, etc., on the Attorney General
60. Appeals to the High Court
60.1 Scope of this Part
60.2 How to appeal to the court
60.3 Effect of appeal
60.4 Persons on whom claim form must be served
60.5 Time within which claim form must be served
60.6 Amendment of statement of case
60.7 First hearing
60.8 Hearing of appeal
60.9 Right of minister to be heard
61. Appeals to the Court by Way of Case Stated
61.1 Scope of this Part
61.2 Application for order to state a case
61.3 Persons on whom application must be served
61.4 Time within which application must be served
61.5 Signing and service of case
61.6 How to commence proceedings to determine a case
61.7 Determination of case
62. Miscellaneous Statutory Applications to the Court
62.1 Scope of this Part
62.2 How to apply
62.3 Provisions relating to particular statutes
62.4 Payment of money, etc., into court under enactment
63. Reference by the Attorneys' Disciplinary Committee
63.1 Scope of this Part
63.2 Reference to the court
63.3 Record of Proceedings before committee
63.4 Entry of alterations on roll
64. Appeals to the Court of Appeal
64.1 Scope of this Part
64.10 Expedited appeals
64.11 Delay in providing notes of evidence, etc.
64.12 Record of appeal
64.13 Enforcement of time limits
64.14 Applications to Court of Appeal
64.15 Non-disclosure of payment into court, etc.
64.16 Stay of execution
64.17 General powers of the court
64.18 Powers of single judge
64.19 Security for costs of appeal
64.2 How to obtain leave to appeal
64.20 Failure of party to attend appeal
64.21 Application to set aside a decision made in party's absence
64.22 Adjournment of appeal
64.23 Appeals from the Registrar of Trade Unions
64.3 How to appeal
64.4 Contents of notice of appeal
64.5 Time for filing notice of appeal
64.6 Service of notice of appeal
64.7 Counter-notice
64.8 Action by court on receiving notice of appeal
64.8A Action by parties to an appeal
64.9 Procedural appeal
65. Change of Attorneys-at-Law
65.1 Scope of this Part
65.2 Change of attorney-at-law
65.3 Change of agent
65.4 Notice of appointment of attorney-at-law
65.5 Party acting in person
65.6 Application by another party to remove attorney-at-law from record
65.7 Application by attorney-at-law to be removed from record
65.8 Time when notice or order takes effect
66. Costs - General
66.1 Scope of this Part
66.10 Duty to send copy orders to client when costs orders made against client or attorney-at-law
66.2 Definitions and applications
66.3 Orders about costs
66.4 Costs where there is an appeal
66.5 Entitlement to costs - general principles
66.6 Successful party generally entitled to costs
66.7 Two or more parties having same interest
66.8 Wasted costs orders
66.9 Wasted costs orders - procedure
67. Costs - Quantification
67.1 Scope of this Part
67.10 What is included in a costs budget
67.11 Assessed costs - procedural applications
67.12 Assessment of costs - general
67.13 Value added tax
67.14 Amendment to Rule 67.14 of the CPR
67.15 Court fees and marshal's fees and charges
67.16 Costs-only proceedings
67.2 Basis of Quantification
67.3 Ways in which costs are to be quantified
67.4 Fixed costs
67.5 Prescribed costs
67.6 Applications to determine value of a claim for the purpose of prescribed costs
67.7 What is included in prescribed costs
67.8 Budgeted Costs
67.9 Client's consent to application for a costs budget
Appendix A - Fixed Costs
Appendix B - Prescribed Costs
Appendix C - Prescribed Costs: Percentage to be allowed at various stages of claim
Appendix D - Court fees payable in High Court and Court of Appeal
Appendix E - Marshal's fees and charges
68. Summary Proceedings for Possession of Land
68.1 Scope of this Part
68.2 Form of claim
68.3 Evidence in support
68.4 Service of claim form and evidence
68.5 Application by occupier to be made a defendant
68.6 Date of first hearing
68.7 Powers of court at first hearing
69. Mortgage Claims
69.1 Scope of this Part
69.2 Mortgage claim to be by fixed date claim
69.3 Evidence at first hearing
69.4 Claim for possession or payment of mortgage debt
7. Service of Court Process Out of the Jurisdiction
7.1 Scope of this Part
7.10 Procedure where claim form is to be served through foreign governments, judicial authorities and consular authorities
7.11 Service of claim form on a State where court permits service out of jurisdiction
7.12 Translation of claim form
7.13 Undertaking to be responsible for expenses of Minister with responsibility for Foreign Affairs
7.14 Service of court process other than claim form
7.15 Meaning of "Hague Convention"
7.2 General rule as to service out of jurisdiction
7.3 Service out of jurisdiction in specified proceedings
7.4 Proceedings which include other types of claim
7.5 Application for permission to serve out of jurisdiction
7.6 Application to set aside service under rule 7.3
7.7 Appearance where claim for is served out of jurisdiction
7.8 Mode of service - general provisions
7.9 Service through foreign governments, judicial and consular authorities
70. Protection of Property of Patients
70.1 Scope of this Part
70.10 Inquiries
70.11 Service of application for appointment of receiver, etc.
70.12 Evidence - General
70.13 Evidence to be filed on application for receiver, etc.
70.14 Consent to act as trustee
70.15 Proof of amount due to a public authority
70.16 Interim provision
70.17 Order without appointing a receiver
70.18 Accountability of person authorised
70.19 Powers of the court in cases of delay, etc.
70.2 Summary order in small cases
70.20 Stock in name of patient or receiver
70.21 Remuneration of receiver and trustee
70.22 Security from receiver
70.23 Passing of accounts
70.24 Application of balance due from receiver
70.25 Default by receiver
70.26 Payment of maintenance and costs
70.27 Final accounts
70.28 Disposal of property on patient's death or recovery
70.29 Settlement and approval of deeds
70.3 How to apply to the court
70.30 Copies of documents in court
70.4 Application under section 42 of the Trustee Ordinance (Ch. 8. No. 3 - 1950. Rev. Ed.)
70.5 Application under section 37(k) of the Act
70.6 Application for settlement of patient's property or for execution of will of patient
70.7 Respondents and person entitled to attend
70.8 Representation of patient by receiver
70.9 Power to direct action by Chief State Solicitor
71. Administration Claims
71.1 Scope of this Part
71.10 Examination of claims
71.11 Adjudication on claims
71.12 Adjournment of adjudication
71.13 Service of notice of judgment on certain claimants
71.14 Notice of claims allowed
71.15 Service of notices
71.16 Interest on debts
71.17 Interest on legacies
71.2 Parties to an administration claim
71.3 Claims by third parties
71.4 Determination of questions without administration
71.5 Judgments and orders in an administration claim
71.6 Conduct of sale of trust property
71.7 Scope of rules 71.8 - 71.16
71.8 Advertisements for creditors and other claimants
71.9 Failure to apply within time specified
72. Contentious Probate Proceedings
72.1 Scope of this Part
72.10 Compromise of proceedings - trial on affidavit evidence
72.11 Application for order to bring in will, etc.
72.12 Administration pendente lite
72.13 Probate counterclaim in other proceedings
72.2 How to commence probate proceedings
72.3 Parties to proceedings for revocation of grant
72.4 Lodgment of grant in proceedings for revocation
72.5 Affidavit of testamentary scripts
72.6 Failure to enter appearance
72.7 Counterclaim
72.8 Contents of statements of case
72.9 Discontinuance and dismissal
73. Defamation Claims
73.1 Scope of this Part
73.2 Claimant's statement of case
73.3 Defendant's statement of case
73.4 Payments into court and offers
73.5 Statement in open court
73.6 Requests for information
73.7 Evidence in mitigation of damages
74. Admiralty Proceedings
74.1 Scope of this Part
74.10 Caveat against arrest
74.11 Committal of attorney-at-law for failing to comply with undertaking
74.12 Execution, etc., of warrant of arrest
74.13 Directions with respect to property under arrest
74.14 Release of property under arrest
74.15 Caveat against release, etc.
74.16 Duration of caveats
74.17 Bail
74.18 Intervenors
74.19 Preliminary acts
74.2 Claims to be dealt with under this Part
74.20 Failure to file preliminary act - proceedings against party in default
74.21 Special provisions as to statements of case in collision, etc. proceedings
74.22 Judgment by default
74.23 Order for sale of ship - determination of priority of claims
74.24 Appraisement and sale of property
74.25 Undertakings as to expenses, etc.
74.26 Payment into and out of court
74.27 Case management conference
74.28 Trial
74.29 Stay of proceedings in collision, etc., proceedings until security given
74.3 Admiralty claims in rem
74.30 Inspection of ship, etc.
74.31 Examination of witnesses and other persons - evidence by affidavit
74.32 Proceedings for apportionment of salvage
74.33 Applications in proceedings in rem
74.34 Limitation proceedings - parties
74.35 Limitation proceedings - payment into court
74.36 Application for decree or directions in limitation proceedings
74.37 Limitation proceedings - proceedings under decree
74.38 Limitation proceedings - proceedings to set aside decree
74.4 How to make an admiralty claim
74.5 Service of claim in rem
74.6 Service on ships, etc. - how effected
74.7 Service of claim form out of jurisdiction
74.8 Appearance
74.9 Warrant of arrest
75. Debenture Holders Claims
75.1 Receiver's register
75.2 Registration of transfers, etc.
75.3 Application for rectification of register
75.4 Evidence of transfers, etc.
75.5 Proof of title of holder of bearer debentures, etc.
75.6 Requirements in connection with payments
75.7 Power to make order for sale in debenture holder's claim
76. Service of Foreign Process
76.1 Scope of this Part
76.2 Service of process
76.3 Appointment of process server
77. Obtaining Evidence for Foreign Courts
77.1 Scope of this Part
77.2 Application for order
77.3 Application by Attorney General in certain cases
77.4 Person to take and manner of taking examination
77.5 Dealing with deposition
77.6 Claim to privilege
78. Reciprocal Enforcement of Judgments
78.1 Scope of this Part
78.2 Application for registration
78.3 Security for costs
78.4 Order for registration
78.5 Register of judgments
78.6 Notice of registration
78.7 Application to set aside registration
78.8 Issue of execution
78.9 Certified copy of High Court judgment
79. Vacations and Office Hours
79.1 Terms and vacations
79.1A Suspension of long vacation
79.2 Hearing of applications in vacation
79.3 Days on which the physical court offices open and office hours
8. How to Start Proceedings
8.1 The claimant - how to start proceedings
8.10 Special requirements applying to claims for personal injuries
8.11 Relator claims
8.12 Service of a claim form
8.13 Time within which a claim form may be served
8.14 Extension of time for serving claim form
8.15 Defence form, etc. must be served with claim form
8.2 Statement of case to be issued and served with claim form
8.3 Where to start proceedings
8.4 Right to make a claim which includes two or more claims
8.5 What must be included in claim form
8.6 Claimant's duty to set out his case
8.7 Certificate of value (small claims)
8.8 Certificate as to truth
8.9 Additional matters which must be included on claim form or statement of case
80. Transitional Provisions
80.1 Scope of this Part
80.2 New proceedings
80.3 Old proceedings
9. Appearance and Notice of Intention to Defend
9.1 Scope of this Part
9.2 Entering appearance and consequence of not doing so
9.3 The period for entering an appearance
9.4 Notice to claimant of entry of appearance
9.5 Contents of appearance
9.6 Right to dispute jurisdiction not taken away by appearance
9.7 Procedure for disputing court's jurisdiction
Endorsement of execution
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The CPR 1998
Appendices
Index
Practice Directions
5. Procedural Appeals
Practice Guides
Prescribed Forms
1. Claim Form
10. Application
11. Witness Summons
12. Writ of Execution against Goods (Fieri Facias)
13. Writ of Possession
14. Writ of Delivery or Value
15. Writ of Specific Delivery
16. Admiralty Claim in Rem
17. Admiralty Limitation Claim
18. Warrant of Arrest (Admiralty)
19. Notice of Appeal
1A. Notes for Defendant
2. Fixed Date Claim Form
20. Financial Position Notice
21. Ancillary Claim/Third Party Notice
22. Notice to Non-Party Served with Order
23. Writ of Habeas Corpus
24. Application to Review Decision of Magistrate or Justice of the Peace refusing/granting Bail
3. Appearance to Claim Form
3A. Application to Pay by Instalments
4. Appearance to Fixed Date Claim
5. Defence and Counterclaim
6. Request for Default Judgment
7. Request for Entry of Judgment on Admission
7A. Hearing on Quantum of Damages
8. List of Documents
9. Listing Questionnaire
Attachments
Foreword
Table of Contents
1. The Overriding Objective
1.1 The overriding objective
1.2 Application by the court of the overriding objective
1.3 Duty of the parties
10. Defence
10.1 Scope of this Part
10.10 Reply to defence
10.2 The defendant - filing defence and the consequences of not doing so
10.3 The period for filing defence
10.4 Service of copy of defence
10.5 Defendant's duty to set out his case
10.6 Consequences of not setting out defence
10.7 Additional matters which must be included in defence
10.8 Special requirements applying to claims for personal injuries
10.9 Defence of tender
11. General Rules about Applications for Court Orders
11.1 Scope of this Part
11.10 Service of notice of application
11.11 Powers of court in relation to the conduct of an application
11.12 Consequences of not asking for order in application
11.13 Applications which may be dealt with without hearing
11.14 Service of application where order made on application made without notice
11.15 Application to set aside or vary order made on application made without notice
11.16 Power of the court to proceed in the absence of a party
11.17 Application to set aside order made in the absence of a party
11.2 Applicants and respondents
11.3 Where to make an application
11.4 Application to be in writing
11.5 Notice of application and evidence in support
11.6 Time when application is made
11.7 What an application must include
11.8 Evidence in support of application
11.9 Contents of notice of application
12. Default Judgments
12.1 Scope of this Part
12.10 Directions to be given where further decision of court is needed
12.11 Defendant's rights following default judgment
12.12 Claim against more than one defendant
12.2 Claims in which default judgment may not be obtained
12.3 Conditions to be satisfied - judgment for failure to enter appearance
12.4 Conditions to be satisfied - judgment for failure to defend
12.5 Procedural requirements
12.6 Claim for specified sum of money
12.7 Nature of default judgment
12.8 Interest
12.9 Costs
13. Setting Aside or Varying Default Judgment
13.1 Scope of this Part
13.2 Cases where the court must set aside judgment entered under Part 12
13.3 Cases where the court may set aside or vary judgment entered under Part 12
13.4 Application to vary or set aside judgment - procedure
13.5 Court to impose condition as to filing of defence
13.6 Hearing may be treated as case management conference
14. Judgment on Admissions
14.1 Making an admission
14.10 Requests for time to pay - procedure where time and rate not agreed
14.11 Right of reconsideration
14.12 Variation of order
14.2 Admissions by a minor or patient
14.3 Admission by notice in writing - application for judgment
14.4 Action on receipt of admission in whole or in part of money claim
14.5 Admission of claim for specified amount of money
14.6 Admission of part of claim for money only
14.7 Admission of liability to pay the whole of a claim for an unspecified amount of money
14.8 Requests for time to pay
14.9 Requests for time to pay - procedure where time and rate agreed
15. Summary Judgment
15.1 Scope of this Part
15.2 Grounds for summary judgment
15.3 Types of proceedings for which summary judgment is available
15.4 Procedure
15.5 Evidence for the purpose of a summary judgment hearing
15.6 Powers of the court on an application for summary judgment
16. Assessment of Damages
16.1 Scope of this Part
16.2 Assessment of damages after default judgment
16.3 Assessment of damages after admission of liability on claim for an unspecified sum of money
16.4 Assessment of famages after direction for trial of issue of quantum
17. Interim Remedies
17.1 Orders for interim remedies
17.2 Time when an order for an interim remedy may be made
17.3 How to apply for an interim remedy
17.4 Interim payments - general procedure
17.5 Interim payments - conditions to be satisfied and matters to be taken into account
17.6 Powers of court where it has made an order for interim payment
17.7 Power of court to order early trial, etc.
18. Counterclaims, Ancillary Claims and other Similar Claims
18.1 Meaning of "ancillary claim"
18.10 Matters relevant to the question whether an ancillary claim should be dealt with separately from the main claim
18.11 Effect of service of ancillary claim form
18.12 Special provisions relating to judgment on failure to file defence to ancillary claim
18.13 Procedural steps on service of ancillary claim form on non-party
18.14 Case management where there is defence to ancillary claim
18.2 Ancillary claim to be treated as claim for the purposes of the Rules
18.3 Defendant's claim for contribution or indemnity from co-defendant
18.4 Procedure for making ancillary claim other than counterclaim
18.5 Making a counterclaim
18.6 Counterclaim may survive claim
18.7 Restrictions on right to make counterclaim or set-off in proceedings by or against the State
18.8 Adding other defendants to counterclaim
18.9 Defence to ancillary claim
19. Addition and Substitution of Parties
19.1 Scope of this Part
19.2 Change of parties - general
19.3 Claim not to fail by adding or failing to add parties
19.4 Provisions applicable where two or more persons are jointly entitled to a remedy
19.5 Procedure for adding and substituting parties
2. Application and Interpretation of the Rules
2.1 Citation and Commencement
2.10 Meaning of "month"
2.11 Documents
2.12 Time - alternative dispute resolution
2.2 Application of the Rules
2.3 Definitions
2.4 Who may exercise the powers of the court
2.4A Powers, authority and jurisdiction of the registrar
2.4B Powers, authority and jurisdiction of the masters
2.5 Court staff
2.6 Court's discretion as to where it deals with cases
2.7 Time - court to state calendar date
2.8 Time - computation
2.9 Time - vacations
20. Changes to Statements of Case
20.1 Changes to statements of case
21. Representative Parties
21.1 Representative claimants and defendants - general
21.2 Appointment of representative claimant or defendant - procedure
21.3 Consequence of order appointing representative party
21.4 Representation of persons who cannot be ascertained, etc., in proceedings about estates, trusts and the construction of written instruments
21.5 Compromise in proceedings to which rule 21.4 applies
21.6 Representation of beneficiaries by trustees
21.7 Proceedings against the estate of a dead party
21.8 Power of court to give directions to enable proceedings to be carried on after a party's death
21.9 Power of court to strike out action after death of claimant or defendant
22. Miscellaneous Rules about Parties
22.1 Partners
22.2 Person carrying on business in a name not his own
22.3 Bodies corporate
23. Minors and Patients
23.1 Scope of this Part
23.10 Appointment of next friend by court order - supplementary
23.11 Procedure where appointment of next friend ceases
23.12 Compromise etc., by or on behalf of minor or patient
23.13 Control of money recovered by or on behalf of minor or patient
23.14 Proceedings under Compensation for Injuries Act
23.2 Requirement of next friend in proceedings by or against minors or patients
23.3 Stage of proceedings at which next friend becomes necessary
23.4 Who may be minor's next friend
23.5 Who may be patient's next friend
23.6 Conditions for being next friend without court order
23.7 How a person becomes next friend without court order
23.8 How a person becomes next friend by court order
23.9 Court's power to terminate appointment of and substitute next friend
24. Security for Costs
24.1 Scope of this Part
24.2 Application for an order for security
24.3 Conditions to be satisfied
24.4 Security for costs against counter-claiming defendant
24.5 Enforcing an order for security for costs
25. Case Management - The Objective
25.1 Court's duty to manage cases
26. Case Management - The Court's Powers
26.1 Court's general powers of management
26.2 Sanctions - striking out statement of case
26.3 Court's general power to strike out statement of case
26.4 Judgment without trial after striking out
26.5 Setting aside judgment after striking out
26.6 Court's powers in cases of failure to comply with rules, orders or directions
26.7 Relief from sanctions
26.8 General power of the court to rectify matters where there has been an error of procedure
27. Case Management Conferences - Procedure
27.1 Scope of this Part
27.10 Listing questionnaire
27.11 Fixing trial date
27.2 Fixed date claims - first hearing
27.3 Case management conference
27.4 Dispensing with case management conference
27.5 Attendance at case management conference or pre trial review
27.6 Orders to be made at a case management conference
27.7 Separate trial of issues of liability and quantum
27.8 Adjournment of case management conference
27.9 Variation of case management timetable
28. Disclosure and Inspection of Documents
28.1 Scope of this Part
28.10 Disclosure in stages
28.11 Inspection and copying of listed documents
28.12 Duty of disclosure continuous during proceedings
28.13 Consequence of failure to disclose documents under an order for disclosure
28.14 Claim of right to withhold disclosure or inspection of a document
28.15 Restriction on use of a privileged document inspection of which has been inadvertently allowed
28.16 Documents referred to in statements of case, etc.
28.17 Subsequent use of disclosed documents
28.18 Notice to prove a document
28.2 Duty of disclosure limited to documents which are or have been in party's control
28.3 Disclosure of copies
28.4 Standard disclosure
28.5 Specific disclosure
28.6 Criteria for ordering specific disclosure
28.7 Procedure for disclosure
28.8 Duty of legal practitioner
28.9 Requirement for party to certify that he understands duty of disclosure
29. Evidence
29.1 Power of court to control evidence
29.10 Amplifying witness statements at trial
29.11 Cases where witness statement is evidence even if witness not called
29.12 Cross-examination on a witness statement
29.13 Consequences of failure to serve witness statement or summary
29.14 Use of witness statements for other purposes
29.15 Notice to admit facts
29.2 Evidence at trial - general rule
29.3 Evidence by video link or other means
29.4 Requirement to serve witness statements
29.5 Form of witness statements
29.6 Witness summaries
29.7 Procedure where one party will not serve witness statement by date directed
29.8 Supplemental witness statements
29.9 Witness to give evidence unless court otherwise orders
3. Forms
3.1 Forms
30. Evidence - Hearsay
30.1 Scope of this Part
30.2 Service of hearsay notice
30.3 Contents of notice—statement admissible under s.37 of the Act
30.4 Contents of notice—statement admissible under s.39 of the Act
30.5 Contents of notice—statement admissible under s.40 of the Act
30.6 Reasons for not calling person as witness
30.7 Service of counter-notice
30.8 Power of court to allow statement to be given in evidence
30.9 Notice of intention to challenge credibility of hearsay evidence
31. Affidavits
31.1 Affidavit evidence
31.2 Form of affidavit
31.3 Contents of affidavit
31.4 Documents to be used in conjunction with affidavit
31.5 Making of affidavits
31.6 Service of affidavit
32. Miscellaneous Rules about Evidence
32.1 Use of plans, photographs, etc., as evidence
32.2 Evidence of findings on question of foreign law
32.3 Evidence of consent of trustee to act
33. Experts and Assessors
33.1 Expert's overriding duty to the court
33.10 Contents of report
33.11 Meeting of experts
33.12 Consequence of failure to disclose expert's report
33.13 Appointment of assessors
33.14 Fees for experts or assessors
33.15 Cross-examination of court expert
33.2 Experts - way in which duty to court is to be carried out
33.3 Expert's right to apply to the court for directions
33.4 General duty of the court and of the parties
33.5 Court's power to restrict expert evidence
33.6 Court's power to appoint a single expert
33.7 Joint instructions to experts
33.8 Power of court to direct party to obtain and share expert evidence
33.9 Expert's reports to be addressed to the court
34. Court Attendance by Witnesses
34.1 Scope of this Part
34.10 Conduct of examination
34.11 Evidence without examiner being present
34.12 Enforcing attendance of witness before an examiner
34.13 Time taken to be endorsed on deposition
34.14 Special report
34.15 Fees and expenses of examiner
34.16 Order for payment of examiner's fees
34.17 Use of deposition at hearing
34.18 Restrictions on subsequent use of depositions taken for the purpose of any hearing except the trial
34.19 Where a person to be examined is out of the jurisdiction - letter of request
34.2 Witness summons
34.20 Early appointment to produce documents
34.3 Issue of witness summons
34.4 Witness summons in aid of inferior court or tribunal
34.5 Time for serving witness summons
34.6 Who is to serve witness summons
34.7 Right of witness to travelling expenses and compensation for loss of time
34.8 Enforcing attendance of witness
34.9 Evidence by deposition
35. Requests for Information
35.1 Right of parties to obtain information
35.2 Orders compelling reply to request for information
35.3 Time limits for compelling reply
35.4 Information obtained under Part 35 not to be used in other proceedings
36. Offers to Settle
36.1 Scope of this Part
36.10 Procedure for acceptance
36.11 Effect of acceptance - generally
36.12 Effect of acceptance where there are more than two parties
36.13 Costs of offeror and offeree where offer is accepted - defendant's offer
36.14 Costs of offeror and offeree where offer is accepted - claimant's offer
36.15 Costs where offer not accepted - general rules
36.16 How costs are to be dealt with
36.2 Introductory
36.3 Making offer to settle
36.4 Time when offer to settle may be made
36.5 Procedure for making offer to settle
36.6 Extent to which offer to settle covers interest, costs or counterclaim
36.7 Offer to settle made after interim payment
36.8 Offer to settle part of claim
36.9 Time limit for accepting offer to settle
37. Payments into Court to Support Offers under Part 36 and Under Order
37.1 Scope of this Part
37.2 Payments into court to support offers to settle
37.3 Right to payment out on acceptance of offer
37.4 Cases where payment out requires court order - general
37.5 Money paid into court under order - general
37.6 Money paid into court as condition for permission to defend or to continue to defend
38. Discontinuance
38.1 Scope of this Part
38.2 Right to discontinue claim
38.3 Procedure for discontinuing
38.4 Right to apply to have notice of discontinuance set aside
38.5 Effect of discontinuance
38.6 Liability for costs
38.7 Quantification of costs
38.8 Discontinuance and subsequent proceedings
39. Pre-Trial Review
39.1 Scope of this Part
39.2 Direction for a pre-trial review
39.3 Rules relating to case management conferences to apply
39.4 Who is to conduct pre-trial review
39.5 Parties to prepare statement of issues
39.6 Directions at pre-trial review
4. Practice Directions and Guides
4.1 Who may issue practice directions
4.2 Scope of practice directions
4.3 Publication of practice directions
4.4 Date from which practice directions take effect
4.5 Compliance with practice directions
4.6 Practice guides
40. Trial
40.1 Documents for use at trial
40.2 Failure of a party to attend trial
40.3 Application to set aside judgment given in party's absence
40.4 Adjournment of trial
40.5 Inspection
40.6 Powers of judge to summon witnesses
41. Appointment of Referee to Inquire and Report
41.1 Power to order trial before referee
41.2 Reference to referee for inquiry and report
41.3 Appointment of referee
41.4 Powers of referee
41.5 Report following reference
41.6 Consideration of report by court
41.7 Restrictions on appointment of referee in proceedings by or against the State
42. Accounts and Inquiries
42.1 Scope of this Part
42.2 Directions for account
42.3 Verification of account
42.4 Omissions, etc., in account
42.5 Allowances
42.6 Delay
42.7 Distribution before entitlement ascertained
42.8 Guardian's accounts
43. Judgments and Orders
43.1 Scope of this Part
43.10 Correction of errors in judgment or orders
43.11 Cases where court gives judgment both on claim and counterclaim
43.12 Service of copy order on a person not a party
43.2 Parties present when order made or notified of terms to be bound
43.3 Practice forms to be used where available
43.4 Standard requirements
43.5 Drawing of judgments and orders
43.6 Service on party personally
43.7 Consent judgments and orders
43.8 Time when judgment or order takes effect
43.9 Time for complying with a judgment or order
43.13 Office Copies
44. Enforcement - General Provisions
44.1 Scope of this Part
44.10 Enforcement of awards, etc., made by outside bodies
44.2 Procedure for beginning enforcement
44.3 Judgment subject to condition
44.4 Separate enforcement of costs
44.5 Effect of setting aside judgment or order
44.6 Court's powers where person ordered to do act fails to comply
44.7 Judgment for sum in foreign currency
44.8 Enforcement by or against non-party
44.9 Enforcement against a partnership
45. Oral Examination in Aid of Enforcement
45.1 Scope of this Part
45.2 Who may be orally examined
45.3 Procedure to obtain an order for oral examination
45.4 Order for oral examination
45.5 Conduct of oral examination
45.6 Financial position notice
46. How Judgments may be Enforced
46.1 Scope of this Part
46.2 How money judgments may be enforced
46.3 Enforcement of orders for payment of money into court
46.4 Enforcement of judgments and orders for possession of land
46.5 Enforcement of judgments and orders for delivery of goods
46.6 Enforcement of judgments requiring a person to do an act within a specified time or not to do an act
46.7 Enforcement of judgments and orders requiring a body corporate to do an act within a specified time or not to do an act
47. General Rules about Writs of Execution
47.1 Meaning of "writ of execution"
47.10 Order for specific delivery
47.11 Period for which writ of execution valid
47.12 Renewal of writ of execution
47.13 Period for which court may renew writ of execution
47.14 Effective date of renewed writ unchanged
47.15 Claims to goods seized under writ of execution
47.16 Suspension of writ of execution at request of judgment creditor
47.17 Return to writ of execution
47.2 Permission required to enforce in certain cases
47.3 Application for permission to enforce
47.4 Amount to be recovered on enforcement
47.5 Enforcement of judgment or order requiring judgment debtor to do two or more different things
47.6 No writ of execution against the State
47.7 Enforcement of judgment for payment by instalments
47.8 Writ of possession not to issue without leave
47.9 No writ of execution for goods or payment of assessed value unless court has assessed value
48. Variation of Judgments and Suspension of Writs of Fi Fa and Writs of Delivery
48.1 Scope of this Part
48.2 Applications to vary time and method of payment or suspend writ of fi fa or delivery
48.3 Where no objection except as to term - procedure
48.4 Application for reconsideration of court's decision
48.5 Where judgment creditor objects to variation or suspension
48.6 Pre-suspension costs
48.7 Judgment creditor's right to re-issue writ of execution
49. Charging Orders
49.1 Scope of this Part and definitions
49.10 Enforcement of charging order by sale
49.2 How to apply for charging order
49.3 Evidence in support of application for charging order
49.4 Single charging order for more than one judgment debt
49.5 Procedure for making provisional charging order
49.6 Interested persons
49.7 Service of a provisional charging order and of copies
49.8 Making of final charging order
49.9 Discharge or variation of final charging order
5. Service of Claim Form
5.1 Service of claim form - normal method
5.10 Alternative methods of service
5.11 Service of claim form on minors and patients
5.12 Power of court to make an order for service by a specified method
5.13 Proof of service by specified method
5.14 Service of claim form by contractually agreed method
5.15 Service of claim form on agent of principal who is overseas
5.16 Service of claim form for possession of land where land vacant
5.17 Deemed date of service
5.2 Statement of case to be served with claim form
5.3 Method of personal service
5.4 Permitted place of service
5.5 Proof of personal service
5.6 Service on a limited company
5.7 Service of claim form on a firm or partnership
5.8 Service of claim form on a body corporate
5.9 Proof of postal service
50. Stop Notices and Stop Orders
50.1 Scope of this Part
50.2 Right to apply for stop notice
50.3 Procedure for obtaining stop notice
50.4 Service
50.5 Amendment of stop notice
50.6 Withdrawal or discharge of stop notice
50.7 Stop orders
50.8 Procedure on application for stop order
50.9 Power to vary of discharge stop order
51. Attachment of Debts
51.1 Scope of this Part
51.10 Hearing to consider making final order
51.11 Claim to debt by person other than judgment debtor
51.12 Enforcement against garnishee
51.13 Discharge of garnishee's debt to judgment debtor
51.14 Costs of proceedings for attachment of debt
51.15 Money into court
51.2 Circumstances in which court may make order for attachment of debt
51.3 Procedure - making of provisional order
51.4 Money in bank accounts, etc.
51.5 Joint funds
51.6 Presumption of equal shares in joint fund
51.7 Attachment of debts owed by firm
51.8 Service of provisional order
51.9 Effect of provisional order
52. Appointment of Receiver
52.1 Scope of this Part
52.2 Application for appointment of receiver and injunction
52.3 Conditions for appointment of receiver
52.4 Giving of security by receiver
52.5 Remuneration of receiver
52.6 Receiver's powers
52.7 Accounts of receiver
52.8 Payment of balance into court
52.9 Default by receiver
53. Committal and Confiscation of Assets
53.1 Scope of this Part
53.10 Powers of the court
53.11 Restoration of adjourned hearing
53.12 Application for enforcement of suspended committal order or order for confiscation of assets
53.13 Special provisions relating to an order for confiscation
53.2 Order specifying time for act to be done
53.3 When committal order or confiscation of assets may be made
53.4 Committal order or confiscation of assets order against an officer of a body corporate
53.5 Need for permission to apply for committal order
53.6 Making committal order or confiscation of assets order when judgment or order not served
53.7 Undertakings
53.8 Application for committal order or confiscation of assets order
53.9 Service of notice of hearing
54. Interpleader
54.1 Scope of this Part
54.2 Claim to goods taken in execution
54.3 How to interplead
54.4 Service of interpleader application
54.5 Powers of the court
54.6 Power to order sale of goods taken in execution
55. Sale of Land by Order of Court
55.1 Scope of this Part
55.2 Sale of land under the Remedies of Creditors Act
55.3 Further directions on such a sale
55.4 Order for sale other than under the Remedies of Creditors Act (Chap. 8:09)
55.5 Conduct of sale
55.6 Certificate as to result of sale
55.7 Mortgage, exchange or partition of land
56. Administrative Law
56.1 Scope of this Part
56.10 Service of claim form for an administrative order
56.11 Evidence in answer
56.12 Case management conference
56.13 Applications
56.14 Hearing of application
56.15 Special provisions relating to orders for judicial review
56.2 Who may apply for judicial review
56.3 Judicial review - application for leave
56.4 Judicial review - hearing of application for leave
56.5 Delay
56.6 Proceedings by way of claim which should be an application for an administrative order
56.7 How to make an application for an administrative order
56.8 Publicity
56.9 Joinder of claims for other relief
57. Habeas Corpus
57.1 Scope of this Part
57.2 Application for issue of writ of habeas corpus ad subjiciendum
57.3 Power of the court
57.4 Service of writ
57.5 Return to writ
57.6 Bringing up prisoner to give evidence, etc.
58. Proceedings by and against the State
58.1 Scope of this Part
58.2 Transfer of proceedings
58.3 Service of claim form
58.4 Claimant's duty to give particulars
58.5 Claims to the court in certain revenue matters
58.6 Proceedings relating to postal packets
58.7 Applications under s. 31(2) of the Act
58.8 Enforcement against the State
59. Bail Applications
59.1 Scope of this Part
59.2 How to apply to the court
59.3 Hearing of application
6. Service of Other Documents
6.1 Who is to serve documents other than the claim form
6.2 Method of service
6.3 Address for serving such documents
6.4 Address for serving documents where no address for service is given
6.5 Service of documents on a person not a party
6.6 Deemed date of service by post
6.7 Power of Court to dispense with service
6.8 Service of notices, etc., on the Attorney General
60. Appeals to the High Court
60.1 Scope of this Part
60.2 How to appeal to the court
60.3 Effect of appeal
60.4 Persons on whom claim form must be served
60.5 Time within which claim form must be served
60.6 Amendment of statement of case
60.7 First hearing
60.8 Hearing of appeal
60.9 Right of minister to be heard
61. Appeals to the Court by Way of Case Stated
61.1 Scope of this Part
61.2 Application for order to state a case
61.3 Persons on whom application must be served
61.4 Time within which application must be served
61.5 Signing and service of case
61.6 How to commence proceedings to determine a case
61.7 Determination of case
62. Miscellaneous Statutory Applications to the Court
62.1 Scope of this Part
62.2 How to apply
62.3 Provisions relating to particular statutes
62.4 Payment of money, etc., into court under enactment
63. Reference by the Attorneys' Disciplinary Committee
63.1 Scope of this Part
63.2 Reference to the court
63.3 Record of Proceedings before committee
63.4 Entry of alterations on roll
64. Appeals to the Court of Appeal
64.1 Scope of this Part
64.10 Expedited appeals
64.11 Delay in providing notes of evidence, etc.
64.12 Record of appeal
64.13 Enforcement of time limits
64.14 Applications to Court of Appeal
64.15 Non-disclosure of payment into court, etc.
64.16 Stay of execution
64.17 General powers of the court
64.18 Powers of single judge
64.19 Security for costs of appeal
64.2 How to obtain leave to appeal
64.20 Failure of party to attend appeal
64.21 Application to set aside a decision made in party's absence
64.22 Adjournment of appeal
64.23 Appeals from the Registrar of Trade Unions
64.3 How to appeal
64.4 Contents of notice of appeal
64.5 Time for filing notice of appeal
64.6 Service of notice of appeal
64.7 Counter-notice
64.8 Action by court on receiving notice of appeal
64.8A Action by parties to an appeal
64.9 Procedural appeal
65. Change of Attorneys-at-Law
65.1 Scope of this Part
65.2 Change of attorney-at-law
65.3 Change of agent
65.4 Notice of appointment of attorney-at-law
65.5 Party acting in person
65.6 Application by another party to remove attorney-at-law from record
65.7 Application by attorney-at-law to be removed from record
65.8 Time when notice or order takes effect
66. Costs - General
66.1 Scope of this Part
66.10 Duty to send copy orders to client when costs orders made against client or attorney-at-law
66.2 Definitions and applications
66.3 Orders about costs
66.4 Costs where there is an appeal
66.5 Entitlement to costs - general principles
66.6 Successful party generally entitled to costs
66.7 Two or more parties having same interest
66.8 Wasted costs orders
66.9 Wasted costs orders - procedure
67. Costs - Quantification
67.1 Scope of this Part
67.10 What is included in a costs budget
67.11 Assessed costs - procedural applications
67.12 Assessment of costs - general
67.13 Value added tax
67.14 Amendment to Rule 67.14 of the CPR
67.15 Court fees and marshal's fees and charges
67.16 Costs-only proceedings
67.2 Basis of Quantification
67.3 Ways in which costs are to be quantified
67.4 Fixed costs
67.5 Prescribed costs
67.6 Applications to determine value of a claim for the purpose of prescribed costs
67.7 What is included in prescribed costs
67.8 Budgeted Costs
67.9 Client's consent to application for a costs budget
Appendix A - Fixed Costs
Appendix B - Prescribed Costs
Appendix C - Prescribed Costs: Percentage to be allowed at various stages of claim
Appendix D - Court fees payable in High Court and Court of Appeal
Appendix E - Marshal's fees and charges
68. Summary Proceedings for Possession of Land
68.1 Scope of this Part
68.2 Form of claim
68.3 Evidence in support
68.4 Service of claim form and evidence
68.5 Application by occupier to be made a defendant
68.6 Date of first hearing
68.7 Powers of court at first hearing
69. Mortgage Claims
69.1 Scope of this Part
69.2 Mortgage claim to be by fixed date claim
69.3 Evidence at first hearing
69.4 Claim for possession or payment of mortgage debt
7. Service of Court Process Out of the Jurisdiction
7.1 Scope of this Part
7.10 Procedure where claim form is to be served through foreign governments, judicial authorities and consular authorities
7.11 Service of claim form on a State where court permits service out of jurisdiction
7.12 Translation of claim form
7.13 Undertaking to be responsible for expenses of Minister with responsibility for Foreign Affairs
7.14 Service of court process other than claim form
7.15 Meaning of "Hague Convention"
7.2 General rule as to service out of jurisdiction
7.3 Service out of jurisdiction in specified proceedings
7.4 Proceedings which include other types of claim
7.5 Application for permission to serve out of jurisdiction
7.6 Application to set aside service under rule 7.3
7.7 Appearance where claim for is served out of jurisdiction
7.8 Mode of service - general provisions
7.9 Service through foreign governments, judicial and consular authorities
70. Protection of Property of Patients
70.1 Scope of this Part
70.10 Inquiries
70.11 Service of application for appointment of receiver, etc.
70.12 Evidence - General
70.13 Evidence to be filed on application for receiver, etc.
70.14 Consent to act as trustee
70.15 Proof of amount due to a public authority
70.16 Interim provision
70.17 Order without appointing a receiver
70.18 Accountability of person authorised
70.19 Powers of the court in cases of delay, etc.
70.2 Summary order in small cases
70.20 Stock in name of patient or receiver
70.21 Remuneration of receiver and trustee
70.22 Security from receiver
70.23 Passing of accounts
70.24 Application of balance due from receiver
70.25 Default by receiver
70.26 Payment of maintenance and costs
70.27 Final accounts
70.28 Disposal of property on patient's death or recovery
70.29 Settlement and approval of deeds
70.3 How to apply to the court
70.30 Copies of documents in court
70.4 Application under section 42 of the Trustee Ordinance (Ch. 8. No. 3 - 1950. Rev. Ed.)
70.5 Application under section 37(k) of the Act
70.6 Application for settlement of patient's property or for execution of will of patient
70.7 Respondents and person entitled to attend
70.8 Representation of patient by receiver
70.9 Power to direct action by Chief State Solicitor
71. Administration Claims
71.1 Scope of this Part
71.10 Examination of claims
71.11 Adjudication on claims
71.12 Adjournment of adjudication
71.13 Service of notice of judgment on certain claimants
71.14 Notice of claims allowed
71.15 Service of notices
71.16 Interest on debts
71.17 Interest on legacies
71.2 Parties to an administration claim
71.3 Claims by third parties
71.4 Determination of questions without administration
71.5 Judgments and orders in an administration claim
71.6 Conduct of sale of trust property
71.7 Scope of rules 71.8 - 71.16
71.8 Advertisements for creditors and other claimants
71.9 Failure to apply within time specified
72. Contentious Probate Proceedings
72.1 Scope of this Part
72.10 Compromise of proceedings - trial on affidavit evidence
72.11 Application for order to bring in will, etc.
72.12 Administration pendente lite
72.13 Probate counterclaim in other proceedings
72.2 How to commence probate proceedings
72.3 Parties to proceedings for revocation of grant
72.4 Lodgment of grant in proceedings for revocation
72.5 Affidavit of testamentary scripts
72.6 Failure to enter appearance
72.7 Counterclaim
72.8 Contents of statements of case
72.9 Discontinuance and dismissal
73. Defamation Claims
73.1 Scope of this Part
73.2 Claimant's statement of case
73.3 Defendant's statement of case
73.4 Payments into court and offers
73.5 Statement in open court
73.6 Requests for information
73.7 Evidence in mitigation of damages
74. Admiralty Proceedings
74.1 Scope of this Part
74.10 Caveat against arrest
74.11 Committal of attorney-at-law for failing to comply with undertaking
74.12 Execution, etc., of warrant of arrest
74.13 Directions with respect to property under arrest
74.14 Release of property under arrest
74.15 Caveat against release, etc.
74.16 Duration of caveats
74.17 Bail
74.18 Intervenors
74.19 Preliminary acts
74.2 Claims to be dealt with under this Part
74.20 Failure to file preliminary act - proceedings against party in default
74.21 Special provisions as to statements of case in collision, etc. proceedings
74.22 Judgment by default
74.23 Order for sale of ship - determination of priority of claims
74.24 Appraisement and sale of property
74.25 Undertakings as to expenses, etc.
74.26 Payment into and out of court
74.27 Case management conference
74.28 Trial
74.29 Stay of proceedings in collision, etc., proceedings until security given
74.3 Admiralty claims in rem
74.30 Inspection of ship, etc.
74.31 Examination of witnesses and other persons - evidence by affidavit
74.32 Proceedings for apportionment of salvage
74.33 Applications in proceedings in rem
74.34 Limitation proceedings - parties
74.35 Limitation proceedings - payment into court
74.36 Application for decree or directions in limitation proceedings
74.37 Limitation proceedings - proceedings under decree
74.38 Limitation proceedings - proceedings to set aside decree
74.4 How to make an admiralty claim
74.5 Service of claim in rem
74.6 Service on ships, etc. - how effected
74.7 Service of claim form out of jurisdiction
74.8 Appearance
74.9 Warrant of arrest
75. Debenture Holders Claims
75.1 Receiver's register
75.2 Registration of transfers, etc.
75.3 Application for rectification of register
75.4 Evidence of transfers, etc.
75.5 Proof of title of holder of bearer debentures, etc.
75.6 Requirements in connection with payments
75.7 Power to make order for sale in debenture holder's claim
76. Service of Foreign Process
76.1 Scope of this Part
76.2 Service of process
76.3 Appointment of process server
77. Obtaining Evidence for Foreign Courts
77.1 Scope of this Part
77.2 Application for order
77.3 Application by Attorney General in certain cases
77.4 Person to take and manner of taking examination
77.5 Dealing with deposition
77.6 Claim to privilege
78. Reciprocal Enforcement of Judgments
78.1 Scope of this Part
78.2 Application for registration
78.3 Security for costs
78.4 Order for registration
78.5 Register of judgments
78.6 Notice of registration
78.7 Application to set aside registration
78.8 Issue of execution
78.9 Certified copy of High Court judgment
79. Vacations and Office Hours
79.1 Terms and vacations
79.1A Suspension of long vacation
79.2 Hearing of applications in vacation
79.3 Days on which the physical court offices open and office hours
8. How to Start Proceedings
8.1 The claimant - how to start proceedings
8.10 Special requirements applying to claims for personal injuries
8.11 Relator claims
8.12 Service of a claim form
8.13 Time within which a claim form may be served
8.14 Extension of time for serving claim form
8.15 Defence form, etc. must be served with claim form
8.2 Statement of case to be issued and served with claim form
8.3 Where to start proceedings
8.4 Right to make a claim which includes two or more claims
8.5 What must be included in claim form
8.6 Claimant's duty to set out his case
8.7 Certificate of value (small claims)
8.8 Certificate as to truth
8.9 Additional matters which must be included on claim form or statement of case
80. Transitional Provisions
80.1 Scope of this Part
80.2 New proceedings
80.3 Old proceedings
9. Appearance and Notice of Intention to Defend
9.1 Scope of this Part
9.2 Entering appearance and consequence of not doing so
9.3 The period for entering an appearance
9.4 Notice to claimant of entry of appearance
9.5 Contents of appearance
9.6 Right to dispute jurisdiction not taken away by appearance
9.7 Procedure for disputing court's jurisdiction
Endorsement of execution
Tools
1. The Civil Court Calendar
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The CPR 1998
Appendices
Index
Practice Directions
5. Procedural Appeals
Practice Guides
Prescribed Forms
1. Claim Form
10. Application
11. Witness Summons
12. Writ of Execution against Goods (Fieri Facias)
13. Writ of Possession
14. Writ of Delivery or Value
15. Writ of Specific Delivery
16. Admiralty Claim in Rem
17. Admiralty Limitation Claim
18. Warrant of Arrest (Admiralty)
19. Notice of Appeal
1A. Notes for Defendant
2. Fixed Date Claim Form
20. Financial Position Notice
21. Ancillary Claim/Third Party Notice
22. Notice to Non-Party Served with Order
23. Writ of Habeas Corpus
24. Application to Review Decision of Magistrate or Justice of the Peace refusing/granting Bail
3. Appearance to Claim Form
3A. Application to Pay by Instalments
4. Appearance to Fixed Date Claim
5. Defence and Counterclaim
6. Request for Default Judgment
7. Request for Entry of Judgment on Admission
7A. Hearing on Quantum of Damages
8. List of Documents
9. Listing Questionnaire
Attachments
Foreword
Table of Contents
1. The Overriding Objective
1.1 The overriding objective
1.2 Application by the court of the overriding objective
1.3 Duty of the parties
10. Defence
10.1 Scope of this Part
10.10 Reply to defence
10.2 The defendant - filing defence and the consequences of not doing so
10.3 The period for filing defence
10.4 Service of copy of defence
10.5 Defendant's duty to set out his case
10.6 Consequences of not setting out defence
10.7 Additional matters which must be included in defence
10.8 Special requirements applying to claims for personal injuries
10.9 Defence of tender
11. General Rules about Applications for Court Orders
11.1 Scope of this Part
11.10 Service of notice of application
11.11 Powers of court in relation to the conduct of an application
11.12 Consequences of not asking for order in application
11.13 Applications which may be dealt with without hearing
11.14 Service of application where order made on application made without notice
11.15 Application to set aside or vary order made on application made without notice
11.16 Power of the court to proceed in the absence of a party
11.17 Application to set aside order made in the absence of a party
11.2 Applicants and respondents
11.3 Where to make an application
11.4 Application to be in writing
11.5 Notice of application and evidence in support
11.6 Time when application is made
11.7 What an application must include
11.8 Evidence in support of application
11.9 Contents of notice of application
12. Default Judgments
12.1 Scope of this Part
12.10 Directions to be given where further decision of court is needed
12.11 Defendant's rights following default judgment
12.12 Claim against more than one defendant
12.2 Claims in which default judgment may not be obtained
12.3 Conditions to be satisfied - judgment for failure to enter appearance
12.4 Conditions to be satisfied - judgment for failure to defend
12.5 Procedural requirements
12.6 Claim for specified sum of money
12.7 Nature of default judgment
12.8 Interest
12.9 Costs
13. Setting Aside or Varying Default Judgment
13.1 Scope of this Part
13.2 Cases where the court must set aside judgment entered under Part 12
13.3 Cases where the court may set aside or vary judgment entered under Part 12
13.4 Application to vary or set aside judgment - procedure
13.5 Court to impose condition as to filing of defence
13.6 Hearing may be treated as case management conference
14. Judgment on Admissions
14.1 Making an admission
14.10 Requests for time to pay - procedure where time and rate not agreed
14.11 Right of reconsideration
14.12 Variation of order
14.2 Admissions by a minor or patient
14.3 Admission by notice in writing - application for judgment
14.4 Action on receipt of admission in whole or in part of money claim
14.5 Admission of claim for specified amount of money
14.6 Admission of part of claim for money only
14.7 Admission of liability to pay the whole of a claim for an unspecified amount of money
14.8 Requests for time to pay
14.9 Requests for time to pay - procedure where time and rate agreed
15. Summary Judgment
15.1 Scope of this Part
15.2 Grounds for summary judgment
15.3 Types of proceedings for which summary judgment is available
15.4 Procedure
15.5 Evidence for the purpose of a summary judgment hearing
15.6 Powers of the court on an application for summary judgment
16. Assessment of Damages
16.1 Scope of this Part
16.2 Assessment of damages after default judgment
16.3 Assessment of damages after admission of liability on claim for an unspecified sum of money
16.4 Assessment of famages after direction for trial of issue of quantum
17. Interim Remedies
17.1 Orders for interim remedies
17.2 Time when an order for an interim remedy may be made
17.3 How to apply for an interim remedy
17.4 Interim payments - general procedure
17.5 Interim payments - conditions to be satisfied and matters to be taken into account
17.6 Powers of court where it has made an order for interim payment
17.7 Power of court to order early trial, etc.
18. Counterclaims, Ancillary Claims and other Similar Claims
18.1 Meaning of "ancillary claim"
18.10 Matters relevant to the question whether an ancillary claim should be dealt with separately from the main claim
18.11 Effect of service of ancillary claim form
18.12 Special provisions relating to judgment on failure to file defence to ancillary claim
18.13 Procedural steps on service of ancillary claim form on non-party
18.14 Case management where there is defence to ancillary claim
18.2 Ancillary claim to be treated as claim for the purposes of the Rules
18.3 Defendant's claim for contribution or indemnity from co-defendant
18.4 Procedure for making ancillary claim other than counterclaim
18.5 Making a counterclaim
18.6 Counterclaim may survive claim
18.7 Restrictions on right to make counterclaim or set-off in proceedings by or against the State
18.8 Adding other defendants to counterclaim
18.9 Defence to ancillary claim
19. Addition and Substitution of Parties
19.1 Scope of this Part
19.2 Change of parties - general
19.3 Claim not to fail by adding or failing to add parties
19.4 Provisions applicable where two or more persons are jointly entitled to a remedy
19.5 Procedure for adding and substituting parties
2. Application and Interpretation of the Rules
2.1 Citation and Commencement
2.10 Meaning of "month"
2.11 Documents
2.12 Time - alternative dispute resolution
2.2 Application of the Rules
2.3 Definitions
2.4 Who may exercise the powers of the court
2.4A Powers, authority and jurisdiction of the registrar
2.4B Powers, authority and jurisdiction of the masters
2.5 Court staff
2.6 Court's discretion as to where it deals with cases
2.7 Time - court to state calendar date
2.8 Time - computation
2.9 Time - vacations
20. Changes to Statements of Case
20.1 Changes to statements of case
21. Representative Parties
21.1 Representative claimants and defendants - general
21.2 Appointment of representative claimant or defendant - procedure
21.3 Consequence of order appointing representative party
21.4 Representation of persons who cannot be ascertained, etc., in proceedings about estates, trusts and the construction of written instruments
21.5 Compromise in proceedings to which rule 21.4 applies
21.6 Representation of beneficiaries by trustees
21.7 Proceedings against the estate of a dead party
21.8 Power of court to give directions to enable proceedings to be carried on after a party's death
21.9 Power of court to strike out action after death of claimant or defendant
22. Miscellaneous Rules about Parties
22.1 Partners
22.2 Person carrying on business in a name not his own
22.3 Bodies corporate
23. Minors and Patients
23.1 Scope of this Part
23.10 Appointment of next friend by court order - supplementary
23.11 Procedure where appointment of next friend ceases
23.12 Compromise etc., by or on behalf of minor or patient
23.13 Control of money recovered by or on behalf of minor or patient
23.14 Proceedings under Compensation for Injuries Act
23.2 Requirement of next friend in proceedings by or against minors or patients
23.3 Stage of proceedings at which next friend becomes necessary
23.4 Who may be minor's next friend
23.5 Who may be patient's next friend
23.6 Conditions for being next friend without court order
23.7 How a person becomes next friend without court order
23.8 How a person becomes next friend by court order
23.9 Court's power to terminate appointment of and substitute next friend
24. Security for Costs
24.1 Scope of this Part
24.2 Application for an order for security
24.3 Conditions to be satisfied
24.4 Security for costs against counter-claiming defendant
24.5 Enforcing an order for security for costs
25. Case Management - The Objective
25.1 Court's duty to manage cases
26. Case Management - The Court's Powers
26.1 Court's general powers of management
26.2 Sanctions - striking out statement of case
26.3 Court's general power to strike out statement of case
26.4 Judgment without trial after striking out
26.5 Setting aside judgment after striking out
26.6 Court's powers in cases of failure to comply with rules, orders or directions
26.7 Relief from sanctions
26.8 General power of the court to rectify matters where there has been an error of procedure
27. Case Management Conferences - Procedure
27.1 Scope of this Part
27.10 Listing questionnaire
27.11 Fixing trial date
27.2 Fixed date claims - first hearing
27.3 Case management conference
27.4 Dispensing with case management conference
27.5 Attendance at case management conference or pre trial review
27.6 Orders to be made at a case management conference
27.7 Separate trial of issues of liability and quantum
27.8 Adjournment of case management conference
27.9 Variation of case management timetable
28. Disclosure and Inspection of Documents
28.1 Scope of this Part
28.10 Disclosure in stages
28.11 Inspection and copying of listed documents
28.12 Duty of disclosure continuous during proceedings
28.13 Consequence of failure to disclose documents under an order for disclosure
28.14 Claim of right to withhold disclosure or inspection of a document
28.15 Restriction on use of a privileged document inspection of which has been inadvertently allowed
28.16 Documents referred to in statements of case, etc.
28.17 Subsequent use of disclosed documents
28.18 Notice to prove a document
28.2 Duty of disclosure limited to documents which are or have been in party's control
28.3 Disclosure of copies
28.4 Standard disclosure
28.5 Specific disclosure
28.6 Criteria for ordering specific disclosure
28.7 Procedure for disclosure
28.8 Duty of legal practitioner
28.9 Requirement for party to certify that he understands duty of disclosure
29. Evidence
29.1 Power of court to control evidence
29.10 Amplifying witness statements at trial
29.11 Cases where witness statement is evidence even if witness not called
29.12 Cross-examination on a witness statement
29.13 Consequences of failure to serve witness statement or summary
29.14 Use of witness statements for other purposes
29.15 Notice to admit facts
29.2 Evidence at trial - general rule
29.3 Evidence by video link or other means
29.4 Requirement to serve witness statements
29.5 Form of witness statements
29.6 Witness summaries
29.7 Procedure where one party will not serve witness statement by date directed
29.8 Supplemental witness statements
29.9 Witness to give evidence unless court otherwise orders
3. Forms
3.1 Forms
30. Evidence - Hearsay
30.1 Scope of this Part
30.2 Service of hearsay notice
30.3 Contents of notice—statement admissible under s.37 of the Act
30.4 Contents of notice—statement admissible under s.39 of the Act
30.5 Contents of notice—statement admissible under s.40 of the Act
30.6 Reasons for not calling person as witness
30.7 Service of counter-notice
30.8 Power of court to allow statement to be given in evidence
30.9 Notice of intention to challenge credibility of hearsay evidence
31. Affidavits
31.1 Affidavit evidence
31.2 Form of affidavit
31.3 Contents of affidavit
31.4 Documents to be used in conjunction with affidavit
31.5 Making of affidavits
31.6 Service of affidavit
32. Miscellaneous Rules about Evidence
32.1 Use of plans, photographs, etc., as evidence
32.2 Evidence of findings on question of foreign law
32.3 Evidence of consent of trustee to act
33. Experts and Assessors
33.1 Expert's overriding duty to the court
33.10 Contents of report
33.11 Meeting of experts
33.12 Consequence of failure to disclose expert's report
33.13 Appointment of assessors
33.14 Fees for experts or assessors
33.15 Cross-examination of court expert
33.2 Experts - way in which duty to court is to be carried out
33.3 Expert's right to apply to the court for directions
33.4 General duty of the court and of the parties
33.5 Court's power to restrict expert evidence
33.6 Court's power to appoint a single expert
33.7 Joint instructions to experts
33.8 Power of court to direct party to obtain and share expert evidence
33.9 Expert's reports to be addressed to the court
34. Court Attendance by Witnesses
34.1 Scope of this Part
34.10 Conduct of examination
34.11 Evidence without examiner being present
34.12 Enforcing attendance of witness before an examiner
34.13 Time taken to be endorsed on deposition
34.14 Special report
34.15 Fees and expenses of examiner
34.16 Order for payment of examiner's fees
34.17 Use of deposition at hearing
34.18 Restrictions on subsequent use of depositions taken for the purpose of any hearing except the trial
34.19 Where a person to be examined is out of the jurisdiction - letter of request
34.2 Witness summons
34.20 Early appointment to produce documents
34.3 Issue of witness summons
34.4 Witness summons in aid of inferior court or tribunal
34.5 Time for serving witness summons
34.6 Who is to serve witness summons
34.7 Right of witness to travelling expenses and compensation for loss of time
34.8 Enforcing attendance of witness
34.9 Evidence by deposition
35. Requests for Information
35.1 Right of parties to obtain information
35.2 Orders compelling reply to request for information
35.3 Time limits for compelling reply
35.4 Information obtained under Part 35 not to be used in other proceedings
36. Offers to Settle
36.1 Scope of this Part
36.10 Procedure for acceptance
36.11 Effect of acceptance - generally
36.12 Effect of acceptance where there are more than two parties
36.13 Costs of offeror and offeree where offer is accepted - defendant's offer
36.14 Costs of offeror and offeree where offer is accepted - claimant's offer
36.15 Costs where offer not accepted - general rules
36.16 How costs are to be dealt with
36.2 Introductory
36.3 Making offer to settle
36.4 Time when offer to settle may be made
36.5 Procedure for making offer to settle
36.6 Extent to which offer to settle covers interest, costs or counterclaim
36.7 Offer to settle made after interim payment
36.8 Offer to settle part of claim
36.9 Time limit for accepting offer to settle
37. Payments into Court to Support Offers under Part 36 and Under Order
37.1 Scope of this Part
37.2 Payments into court to support offers to settle
37.3 Right to payment out on acceptance of offer
37.4 Cases where payment out requires court order - general
37.5 Money paid into court under order - general
37.6 Money paid into court as condition for permission to defend or to continue to defend
38. Discontinuance
38.1 Scope of this Part
38.2 Right to discontinue claim
38.3 Procedure for discontinuing
38.4 Right to apply to have notice of discontinuance set aside
38.5 Effect of discontinuance
38.6 Liability for costs
38.7 Quantification of costs
38.8 Discontinuance and subsequent proceedings
39. Pre-Trial Review
39.1 Scope of this Part
39.2 Direction for a pre-trial review
39.3 Rules relating to case management conferences to apply
39.4 Who is to conduct pre-trial review
39.5 Parties to prepare statement of issues
39.6 Directions at pre-trial review
4. Practice Directions and Guides
4.1 Who may issue practice directions
4.2 Scope of practice directions
4.3 Publication of practice directions
4.4 Date from which practice directions take effect
4.5 Compliance with practice directions
4.6 Practice guides
40. Trial
40.1 Documents for use at trial
40.2 Failure of a party to attend trial
40.3 Application to set aside judgment given in party's absence
40.4 Adjournment of trial
40.5 Inspection
40.6 Powers of judge to summon witnesses
41. Appointment of Referee to Inquire and Report
41.1 Power to order trial before referee
41.2 Reference to referee for inquiry and report
41.3 Appointment of referee
41.4 Powers of referee
41.5 Report following reference
41.6 Consideration of report by court
41.7 Restrictions on appointment of referee in proceedings by or against the State
42. Accounts and Inquiries
42.1 Scope of this Part
42.2 Directions for account
42.3 Verification of account
42.4 Omissions, etc., in account
42.5 Allowances
42.6 Delay
42.7 Distribution before entitlement ascertained
42.8 Guardian's accounts
43. Judgments and Orders
43.1 Scope of this Part
43.10 Correction of errors in judgment or orders
43.11 Cases where court gives judgment both on claim and counterclaim
43.12 Service of copy order on a person not a party
43.2 Parties present when order made or notified of terms to be bound
43.3 Practice forms to be used where available
43.4 Standard requirements
43.5 Drawing of judgments and orders
43.6 Service on party personally
43.7 Consent judgments and orders
43.8 Time when judgment or order takes effect
43.9 Time for complying with a judgment or order
43.13 Office Copies
44. Enforcement - General Provisions
44.1 Scope of this Part
44.10 Enforcement of awards, etc., made by outside bodies
44.2 Procedure for beginning enforcement
44.3 Judgment subject to condition
44.4 Separate enforcement of costs
44.5 Effect of setting aside judgment or order
44.6 Court's powers where person ordered to do act fails to comply
44.7 Judgment for sum in foreign currency
44.8 Enforcement by or against non-party
44.9 Enforcement against a partnership
45. Oral Examination in Aid of Enforcement
45.1 Scope of this Part
45.2 Who may be orally examined
45.3 Procedure to obtain an order for oral examination
45.4 Order for oral examination
45.5 Conduct of oral examination
45.6 Financial position notice
46. How Judgments may be Enforced
46.1 Scope of this Part
46.2 How money judgments may be enforced
46.3 Enforcement of orders for payment of money into court
46.4 Enforcement of judgments and orders for possession of land
46.5 Enforcement of judgments and orders for delivery of goods
46.6 Enforcement of judgments requiring a person to do an act within a specified time or not to do an act
46.7 Enforcement of judgments and orders requiring a body corporate to do an act within a specified time or not to do an act
47. General Rules about Writs of Execution
47.1 Meaning of "writ of execution"
47.10 Order for specific delivery
47.11 Period for which writ of execution valid
47.12 Renewal of writ of execution
47.13 Period for which court may renew writ of execution
47.14 Effective date of renewed writ unchanged
47.15 Claims to goods seized under writ of execution
47.16 Suspension of writ of execution at request of judgment creditor
47.17 Return to writ of execution
47.2 Permission required to enforce in certain cases
47.3 Application for permission to enforce
47.4 Amount to be recovered on enforcement
47.5 Enforcement of judgment or order requiring judgment debtor to do two or more different things
47.6 No writ of execution against the State
47.7 Enforcement of judgment for payment by instalments
47.8 Writ of possession not to issue without leave
47.9 No writ of execution for goods or payment of assessed value unless court has assessed value
48. Variation of Judgments and Suspension of Writs of Fi Fa and Writs of Delivery
48.1 Scope of this Part
48.2 Applications to vary time and method of payment or suspend writ of fi fa or delivery
48.3 Where no objection except as to term - procedure
48.4 Application for reconsideration of court's decision
48.5 Where judgment creditor objects to variation or suspension
48.6 Pre-suspension costs
48.7 Judgment creditor's right to re-issue writ of execution
49. Charging Orders
49.1 Scope of this Part and definitions
49.10 Enforcement of charging order by sale
49.2 How to apply for charging order
49.3 Evidence in support of application for charging order
49.4 Single charging order for more than one judgment debt
49.5 Procedure for making provisional charging order
49.6 Interested persons
49.7 Service of a provisional charging order and of copies
49.8 Making of final charging order
49.9 Discharge or variation of final charging order
5. Service of Claim Form
5.1 Service of claim form - normal method
5.10 Alternative methods of service
5.11 Service of claim form on minors and patients
5.12 Power of court to make an order for service by a specified method
5.13 Proof of service by specified method
5.14 Service of claim form by contractually agreed method
5.15 Service of claim form on agent of principal who is overseas
5.16 Service of claim form for possession of land where land vacant
5.17 Deemed date of service
5.2 Statement of case to be served with claim form
5.3 Method of personal service
5.4 Permitted place of service
5.5 Proof of personal service
5.6 Service on a limited company
5.7 Service of claim form on a firm or partnership
5.8 Service of claim form on a body corporate
5.9 Proof of postal service
50. Stop Notices and Stop Orders
50.1 Scope of this Part
50.2 Right to apply for stop notice
50.3 Procedure for obtaining stop notice
50.4 Service
50.5 Amendment of stop notice
50.6 Withdrawal or discharge of stop notice
50.7 Stop orders
50.8 Procedure on application for stop order
50.9 Power to vary of discharge stop order
51. Attachment of Debts
51.1 Scope of this Part
51.10 Hearing to consider making final order
51.11 Claim to debt by person other than judgment debtor
51.12 Enforcement against garnishee
51.13 Discharge of garnishee's debt to judgment debtor
51.14 Costs of proceedings for attachment of debt
51.15 Money into court
51.2 Circumstances in which court may make order for attachment of debt
51.3 Procedure - making of provisional order
51.4 Money in bank accounts, etc.
51.5 Joint funds
51.6 Presumption of equal shares in joint fund
51.7 Attachment of debts owed by firm
51.8 Service of provisional order
51.9 Effect of provisional order
52. Appointment of Receiver
52.1 Scope of this Part
52.2 Application for appointment of receiver and injunction
52.3 Conditions for appointment of receiver
52.4 Giving of security by receiver
52.5 Remuneration of receiver
52.6 Receiver's powers
52.7 Accounts of receiver
52.8 Payment of balance into court
52.9 Default by receiver
53. Committal and Confiscation of Assets
53.1 Scope of this Part
53.10 Powers of the court
53.11 Restoration of adjourned hearing
53.12 Application for enforcement of suspended committal order or order for confiscation of assets
53.13 Special provisions relating to an order for confiscation
53.2 Order specifying time for act to be done
53.3 When committal order or confiscation of assets may be made
53.4 Committal order or confiscation of assets order against an officer of a body corporate
53.5 Need for permission to apply for committal order
53.6 Making committal order or confiscation of assets order when judgment or order not served
53.7 Undertakings
53.8 Application for committal order or confiscation of assets order
53.9 Service of notice of hearing
54. Interpleader
54.1 Scope of this Part
54.2 Claim to goods taken in execution
54.3 How to interplead
54.4 Service of interpleader application
54.5 Powers of the court
54.6 Power to order sale of goods taken in execution
55. Sale of Land by Order of Court
55.1 Scope of this Part
55.2 Sale of land under the Remedies of Creditors Act
55.3 Further directions on such a sale
55.4 Order for sale other than under the Remedies of Creditors Act (Chap. 8:09)
55.5 Conduct of sale
55.6 Certificate as to result of sale
55.7 Mortgage, exchange or partition of land
56. Administrative Law
56.1 Scope of this Part
56.10 Service of claim form for an administrative order
56.11 Evidence in answer
56.12 Case management conference
56.13 Applications
56.14 Hearing of application
56.15 Special provisions relating to orders for judicial review
56.2 Who may apply for judicial review
56.3 Judicial review - application for leave
56.4 Judicial review - hearing of application for leave
56.5 Delay
56.6 Proceedings by way of claim which should be an application for an administrative order
56.7 How to make an application for an administrative order
56.8 Publicity
56.9 Joinder of claims for other relief
57. Habeas Corpus
57.1 Scope of this Part
57.2 Application for issue of writ of habeas corpus ad subjiciendum
57.3 Power of the court
57.4 Service of writ
57.5 Return to writ
57.6 Bringing up prisoner to give evidence, etc.
58. Proceedings by and against the State
58.1 Scope of this Part
58.2 Transfer of proceedings
58.3 Service of claim form
58.4 Claimant's duty to give particulars
58.5 Claims to the court in certain revenue matters
58.6 Proceedings relating to postal packets
58.7 Applications under s. 31(2) of the Act
58.8 Enforcement against the State
59. Bail Applications
59.1 Scope of this Part
59.2 How to apply to the court
59.3 Hearing of application
6. Service of Other Documents
6.1 Who is to serve documents other than the claim form
6.2 Method of service
6.3 Address for serving such documents
6.4 Address for serving documents where no address for service is given
6.5 Service of documents on a person not a party
6.6 Deemed date of service by post
6.7 Power of Court to dispense with service
6.8 Service of notices, etc., on the Attorney General
60. Appeals to the High Court
60.1 Scope of this Part
60.2 How to appeal to the court
60.3 Effect of appeal
60.4 Persons on whom claim form must be served
60.5 Time within which claim form must be served
60.6 Amendment of statement of case
60.7 First hearing
60.8 Hearing of appeal
60.9 Right of minister to be heard
61. Appeals to the Court by Way of Case Stated
61.1 Scope of this Part
61.2 Application for order to state a case
61.3 Persons on whom application must be served
61.4 Time within which application must be served
61.5 Signing and service of case
61.6 How to commence proceedings to determine a case
61.7 Determination of case
62. Miscellaneous Statutory Applications to the Court
62.1 Scope of this Part
62.2 How to apply
62.3 Provisions relating to particular statutes
62.4 Payment of money, etc., into court under enactment
63. Reference by the Attorneys' Disciplinary Committee
63.1 Scope of this Part
63.2 Reference to the court
63.3 Record of Proceedings before committee
63.4 Entry of alterations on roll
64. Appeals to the Court of Appeal
64.1 Scope of this Part
64.10 Expedited appeals
64.11 Delay in providing notes of evidence, etc.
64.12 Record of appeal
64.13 Enforcement of time limits
64.14 Applications to Court of Appeal
64.15 Non-disclosure of payment into court, etc.
64.16 Stay of execution
64.17 General powers of the court
64.18 Powers of single judge
64.19 Security for costs of appeal
64.2 How to obtain leave to appeal
64.20 Failure of party to attend appeal
64.21 Application to set aside a decision made in party's absence
64.22 Adjournment of appeal
64.23 Appeals from the Registrar of Trade Unions
64.3 How to appeal
64.4 Contents of notice of appeal
64.5 Time for filing notice of appeal
64.6 Service of notice of appeal
64.7 Counter-notice
64.8 Action by court on receiving notice of appeal
64.8A Action by parties to an appeal
64.9 Procedural appeal
65. Change of Attorneys-at-Law
65.1 Scope of this Part
65.2 Change of attorney-at-law
65.3 Change of agent
65.4 Notice of appointment of attorney-at-law
65.5 Party acting in person
65.6 Application by another party to remove attorney-at-law from record
65.7 Application by attorney-at-law to be removed from record
65.8 Time when notice or order takes effect
66. Costs - General
66.1 Scope of this Part
66.10 Duty to send copy orders to client when costs orders made against client or attorney-at-law
66.2 Definitions and applications
66.3 Orders about costs
66.4 Costs where there is an appeal
66.5 Entitlement to costs - general principles
66.6 Successful party generally entitled to costs
66.7 Two or more parties having same interest
66.8 Wasted costs orders
66.9 Wasted costs orders - procedure
67. Costs - Quantification
67.1 Scope of this Part
67.10 What is included in a costs budget
67.11 Assessed costs - procedural applications
67.12 Assessment of costs - general
67.13 Value added tax
67.14 Amendment to Rule 67.14 of the CPR
67.15 Court fees and marshal's fees and charges
67.16 Costs-only proceedings
67.2 Basis of Quantification
67.3 Ways in which costs are to be quantified
67.4 Fixed costs
67.5 Prescribed costs
67.6 Applications to determine value of a claim for the purpose of prescribed costs
67.7 What is included in prescribed costs
67.8 Budgeted Costs
67.9 Client's consent to application for a costs budget
Appendix A - Fixed Costs
Appendix B - Prescribed Costs
Appendix C - Prescribed Costs: Percentage to be allowed at various stages of claim
Appendix D - Court fees payable in High Court and Court of Appeal
Appendix E - Marshal's fees and charges
68. Summary Proceedings for Possession of Land
68.1 Scope of this Part
68.2 Form of claim
68.3 Evidence in support
68.4 Service of claim form and evidence
68.5 Application by occupier to be made a defendant
68.6 Date of first hearing
68.7 Powers of court at first hearing
69. Mortgage Claims
69.1 Scope of this Part
69.2 Mortgage claim to be by fixed date claim
69.3 Evidence at first hearing
69.4 Claim for possession or payment of mortgage debt
7. Service of Court Process Out of the Jurisdiction
7.1 Scope of this Part
7.10 Procedure where claim form is to be served through foreign governments, judicial authorities and consular authorities
7.11 Service of claim form on a State where court permits service out of jurisdiction
7.12 Translation of claim form
7.13 Undertaking to be responsible for expenses of Minister with responsibility for Foreign Affairs
7.14 Service of court process other than claim form
7.15 Meaning of "Hague Convention"
7.2 General rule as to service out of jurisdiction
7.3 Service out of jurisdiction in specified proceedings
7.4 Proceedings which include other types of claim
7.5 Application for permission to serve out of jurisdiction
7.6 Application to set aside service under rule 7.3
7.7 Appearance where claim for is served out of jurisdiction
7.8 Mode of service - general provisions
7.9 Service through foreign governments, judicial and consular authorities
70. Protection of Property of Patients
70.1 Scope of this Part
70.10 Inquiries
70.11 Service of application for appointment of receiver, etc.
70.12 Evidence - General
70.13 Evidence to be filed on application for receiver, etc.
70.14 Consent to act as trustee
70.15 Proof of amount due to a public authority
70.16 Interim provision
70.17 Order without appointing a receiver
70.18 Accountability of person authorised
70.19 Powers of the court in cases of delay, etc.
70.2 Summary order in small cases
70.20 Stock in name of patient or receiver
70.21 Remuneration of receiver and trustee
70.22 Security from receiver
70.23 Passing of accounts
70.24 Application of balance due from receiver
70.25 Default by receiver
70.26 Payment of maintenance and costs
70.27 Final accounts
70.28 Disposal of property on patient's death or recovery
70.29 Settlement and approval of deeds
70.3 How to apply to the court
70.30 Copies of documents in court
70.4 Application under section 42 of the Trustee Ordinance (Ch. 8. No. 3 - 1950. Rev. Ed.)
70.5 Application under section 37(k) of the Act
70.6 Application for settlement of patient's property or for execution of will of patient
70.7 Respondents and person entitled to attend
70.8 Representation of patient by receiver
70.9 Power to direct action by Chief State Solicitor
71. Administration Claims
71.1 Scope of this Part
71.10 Examination of claims
71.11 Adjudication on claims
71.12 Adjournment of adjudication
71.13 Service of notice of judgment on certain claimants
71.14 Notice of claims allowed
71.15 Service of notices
71.16 Interest on debts
71.17 Interest on legacies
71.2 Parties to an administration claim
71.3 Claims by third parties
71.4 Determination of questions without administration
71.5 Judgments and orders in an administration claim
71.6 Conduct of sale of trust property
71.7 Scope of rules 71.8 - 71.16
71.8 Advertisements for creditors and other claimants
71.9 Failure to apply within time specified
72. Contentious Probate Proceedings
72.1 Scope of this Part
72.10 Compromise of proceedings - trial on affidavit evidence
72.11 Application for order to bring in will, etc.
72.12 Administration pendente lite
72.13 Probate counterclaim in other proceedings
72.2 How to commence probate proceedings
72.3 Parties to proceedings for revocation of grant
72.4 Lodgment of grant in proceedings for revocation
72.5 Affidavit of testamentary scripts
72.6 Failure to enter appearance
72.7 Counterclaim
72.8 Contents of statements of case
72.9 Discontinuance and dismissal
73. Defamation Claims
73.1 Scope of this Part
73.2 Claimant's statement of case
73.3 Defendant's statement of case
73.4 Payments into court and offers
73.5 Statement in open court
73.6 Requests for information
73.7 Evidence in mitigation of damages
74. Admiralty Proceedings
74.1 Scope of this Part
74.10 Caveat against arrest
74.11 Committal of attorney-at-law for failing to comply with undertaking
74.12 Execution, etc., of warrant of arrest
74.13 Directions with respect to property under arrest
74.14 Release of property under arrest
74.15 Caveat against release, etc.
74.16 Duration of caveats
74.17 Bail
74.18 Intervenors
74.19 Preliminary acts
74.2 Claims to be dealt with under this Part
74.20 Failure to file preliminary act - proceedings against party in default
74.21 Special provisions as to statements of case in collision, etc. proceedings
74.22 Judgment by default
74.23 Order for sale of ship - determination of priority of claims
74.24 Appraisement and sale of property
74.25 Undertakings as to expenses, etc.
74.26 Payment into and out of court
74.27 Case management conference
74.28 Trial
74.29 Stay of proceedings in collision, etc., proceedings until security given
74.3 Admiralty claims in rem
74.30 Inspection of ship, etc.
74.31 Examination of witnesses and other persons - evidence by affidavit
74.32 Proceedings for apportionment of salvage
74.33 Applications in proceedings in rem
74.34 Limitation proceedings - parties
74.35 Limitation proceedings - payment into court
74.36 Application for decree or directions in limitation proceedings
74.37 Limitation proceedings - proceedings under decree
74.38 Limitation proceedings - proceedings to set aside decree
74.4 How to make an admiralty claim
74.5 Service of claim in rem
74.6 Service on ships, etc. - how effected
74.7 Service of claim form out of jurisdiction
74.8 Appearance
74.9 Warrant of arrest
75. Debenture Holders Claims
75.1 Receiver's register
75.2 Registration of transfers, etc.
75.3 Application for rectification of register
75.4 Evidence of transfers, etc.
75.5 Proof of title of holder of bearer debentures, etc.
75.6 Requirements in connection with payments
75.7 Power to make order for sale in debenture holder's claim
76. Service of Foreign Process
76.1 Scope of this Part
76.2 Service of process
76.3 Appointment of process server
77. Obtaining Evidence for Foreign Courts
77.1 Scope of this Part
77.2 Application for order
77.3 Application by Attorney General in certain cases
77.4 Person to take and manner of taking examination
77.5 Dealing with deposition
77.6 Claim to privilege
78. Reciprocal Enforcement of Judgments
78.1 Scope of this Part
78.2 Application for registration
78.3 Security for costs
78.4 Order for registration
78.5 Register of judgments
78.6 Notice of registration
78.7 Application to set aside registration
78.8 Issue of execution
78.9 Certified copy of High Court judgment
79. Vacations and Office Hours
79.1 Terms and vacations
79.1A Suspension of long vacation
79.2 Hearing of applications in vacation
79.3 Days on which the physical court offices open and office hours
8. How to Start Proceedings
8.1 The claimant - how to start proceedings
8.10 Special requirements applying to claims for personal injuries
8.11 Relator claims
8.12 Service of a claim form
8.13 Time within which a claim form may be served
8.14 Extension of time for serving claim form
8.15 Defence form, etc. must be served with claim form
8.2 Statement of case to be issued and served with claim form
8.3 Where to start proceedings
8.4 Right to make a claim which includes two or more claims
8.5 What must be included in claim form
8.6 Claimant's duty to set out his case
8.7 Certificate of value (small claims)
8.8 Certificate as to truth
8.9 Additional matters which must be included on claim form or statement of case
80. Transitional Provisions
80.1 Scope of this Part
80.2 New proceedings
80.3 Old proceedings
9. Appearance and Notice of Intention to Defend
9.1 Scope of this Part
9.2 Entering appearance and consequence of not doing so
9.3 The period for entering an appearance
9.4 Notice to claimant of entry of appearance
9.5 Contents of appearance
9.6 Right to dispute jurisdiction not taken away by appearance
9.7 Procedure for disputing court's jurisdiction
Endorsement of execution
Tools
1. The Civil Court Calendar
3A. Application to Pay by Instalments
Notes
Form 3A last amended by
Legal Notice 261 of 2005
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