The Civil Procedure Rules 1998 - Legislation.gov.uk
Status: This is the original version (as it was originally made).STATUTORY INSTRUMENTS1998 No. 3132 (L.17)SUPREME COURT OF ENGLAND AND WALESCOUNTY COURTSThe Civil Procedure Rules 1998Made----10th December 1998Laid before ParliamentComing into force-17th December 1998-26th April 1999The Civil Procedure Rule Committee, having power under section 2 of the Civil Procedure Act1997(1) to make rules of court under section 1 of that Act, make the following rules which may becited as the Civil Procedure Rules 1998—PART 1OVERRIDING OBJECTIVEContents of this PartThe overriding objectiveRule 1.1Application by the court of the overridingobjectiveRule 1.2Duty of the partiesRule 1.3Court’s duty to manage casesRule 1.4The overriding objective1.1.—(1) These Rules are a new procedural code with the overriding objective of enabling thecourt to deal with cases justly.(2) Dealing with a case justly includes, so far as is practicable—(a) ensuring that the parties are on an equal footing;(b) saving expense;(1)1997 c. 12.
Document Generated: 2021-02-19Status: This is the original version (as it was originally made).(c) dealing with the case in ways which are proportionate—(i) to the amount of money involved;(ii) to the importance of the case;(iii) to the complexity of the issues; and(iv) to the financial position of each party;(d) ensuring that it is dealt with expeditiously and fairly; and(e) allotting to it an appropriate share of the court’s resources, while taking into account theneed to allot resources to other cases.Application by the court of the overriding objective1.2 The court must seek to give effect to the overriding objective when it—(a) exercises any power given to it by the Rules; or(b) interprets any rule.Duty of the parties1.3 The parties are required to help the court to further the overriding objective.Court’s duty to manage cases1.4.—(1) The court must further the overriding objective by actively managing cases.(2) Active case management includes —(a) encouraging the parties to co-operate with each other in the conduct of the proceedings;(b) identifying the issues at an early stage;(c) deciding promptly which issues need full investigation and trial and accordingly disposingsummarily of the others;(d) deciding the order in which issues are to be resolved;(e) encouraging the parties to use an alternative dispute resolution(GL) procedure if the courtconsiders that appropriate and facilitating the use of such procedure;(f) helping the parties to settle the whole or part of the case;(g) fixing timetables or otherwise controlling the progress of the case;(h) considering whether the likely benefits of taking a particular step justify the cost of takingit;(i) dealing with as many aspects of the case as it can on the same occasion;(j) dealing with the case without the parties needing to attend at court;(k) making use of technology; and(l) giving directions to ensure that the trial of a case proceeds quickly and efficiently.2
Document Generated: 2021-02-19Status: This is the original version (as it was originally made).PART 2APPLICATION AND INTERPRETATION OF THE RULESContents of this PartApplication of the RulesRule 2.1The glossaryRule 2.2InterpretationRule 2.3Power of judge, Master or district judge toperform functions of the courtRule 2.4Court staffRule 2.5Court documents to be sealedRule 2.6Court’s discretion as to where it deals withcasesRule 2.7TimeRule 2.8Dates for compliance to be calendar dates andto include time of dayRule 2.9Meaning of “month” in judgments, etc.Rule 2.10Time limits may be varied by partiesRule 2.11Application of the Rules2.1.—(1) Subject to paragraph (2), these Rules apply to all proceedings in—(a) county courts;(b) the High Court; and(c) the Civil Division of the Court of Appeal.(2) These Rules do not apply to proceedings of the kinds specified in the first column ofthe following Table (proceedings for which rules may be made under the enactments specifiedin the second column) except to the extent that they are applied to those proceedings by anotherenactment—Proceedings1. Insolvency proceedingsEnactmentsInsolvency Act 1986(2), ss.411 and 4122. Non-contentious or common form probate Supreme Court Act 1981(3), s.127proceedings3. Proceedings in the High Court when acting Prize Courts Act 1894(4), s.3as a Prize Court(2)(3)(4)1986 c. 45.1981 c. 54.1894 c. 39.3
Document Generated: 2021-02-19Status: This is the original version (as it was originally made).ProceedingsEnactments4. Proceedings before the judge within the Mental Health Act 1983, s.106meaning of Part VII of the Mental Health Act1983(5)5. Family proceedingsMatrimonial and Family Proceedings Act1984(6), s.40The glossary2.2.—(1) The glossary at the end of these Rules is a guide to the meaning of certain legalexpressions used in the Rules, but is not to be taken as giving those expressions any meaning in theRules which they do not have in the law generally.(2) Subject to paragraph (3), words in these Rules which are included in the glossary are followedby “(GL)”.(3) The words ‘counterclaim’, ‘damages’, ‘practice form’ and ‘service’, which appear frequentlyin the Rules, are included in the glossary but are not followed by “(GL)”.Interpretation2.3.—(1) In these Rules—“child” has the meaning given by rule 21.1(2);“claim for personal injuries” means proceedings in which there is a claim for damages inrespect of personal injuries to the claimant or any other person or in respect of a person’sdeath, and “personal injuries” includes any disease and any impairment of a person’s physicalor mental condition;“claimant” means a person who makes a claim;“CCR” is to be interpreted in accordance with Part 50;“court officer” means a member of the court staff;“defendant” means a person against whom a claim is made;“defendant’s home court” means—(a)if the claim is proceeding in a county court, the county court for the district in which thedefendant’s address for service, as shown on the defence, is situated; and(b)if the claim is proceeding in the High Court, the district registry for the district in whichthe defendant’s address for service, as shown on the defence, is situated or, if there is nosuch district registry, the Royal Courts of Justice;(Rule 6.5 provides for a party to give an address for service)“filing”, in relation to a document, means delivering it, by post or otherwise, to the court office;“judge” means, unless the context otherwise requires, a judge, Master or district judge or aperson authorised to act as such;“jurisdiction” means, unless the context otherwise requires, England and Wales and any partof the territorial waters of the United Kingdom adjoining England and Wales;(5)(6)1983 c. 20.1984 c. 42. Section 40 was amended by the Courts and Legal Services Act 1990 (c. 41), Schedule 18, paragraph 50.4
Document Generated: 2021-02-19Status: This is the original version (as it was originally made).“legal representative” means a barrister or a solicitor, solicitor’s employee or other authorisedlitigator (as defined in the Courts and Legal Services Act 1990(7)) who has been instructed toact for a party in relation to a claim;“litigation friend” has the meaning given by Part 21;“patient” has the meaning given by rule 21.1(2);“RSC” is to be interpreted in accordance with Part 50;“statement of case”—(a)means a claim form, particulars of claim where these are not included in a claim form,defence, Part 20 claim, or reply to defence; and(b)includes any further information given in relation to them voluntarily or by court orderunder rule 18.1;“statement of value” is to be interpreted in accordance with rule 16.3;“summary judgment” is to be interpreted in accordance with Part 24.(2) A reference to a “specialist list” is a reference to a list(GL)that has been designated as suchby a relevant practice direction.(3) Where the context requires, a reference to “the court” means a reference to a particular countycourt, a district registry, or the Royal Courts of Justice.Power of judge, Master or district judge to perform functions of the court2.4 Where these Rules provide for the court to perform any act then, except where an enactment,rule or practice direction provides otherwise, that act may be performed—(a) in relation to proceedings in the High Court, by any judge, Master or district judge of thatCourt; and(b) in relation to proceedings in a county court, by any judge or district judge.Court staff2.5.—(1) Where these Rules require or permit the court to perform an act of a formal oradministrative character, that act may be performed by a court officer.(2) A requirement that a court officer carry out any act at the request of a party is subject to thepayment of any fee required by a Fees Order for the carrying out of that act.(Rule 3.2 allows a court officer to refer to a judge before taking any step)Court documents to be sealed2.6.—(1) The court must seal(GL) the following documents on issue—(a) the claim form; and(b) any other document which a rule or practice direction requires it to seal.(2) The court may place the seal(GL) on the document—(a) by hand; or(b) by printing a facsimile of the seal on the document whether electronically or otherwise.(3) A document purporting to bear the court’s seal(GL) shall be admissible in evidence withoutfurther proof.(7)1990 c. 41.5
Document Generated: 2021-02-19Status: This is the original version (as it was originally made).Court’s discretion as to where it deals with cases2.7 The court may deal with a case at any place that it considers appropriate.Time2.8.—(1) This rule shows how to calculate any period of time for doing any act which isspecified—(a) by these Rules;(b) by a practice direction; or(c) by a judgment or order of the court.(2) A period of time expressed as a number of days shall be computed as clear days.(3) In this rule “clear days” means that in computing the number of days—(a) the day on which the period begins; and(b) if the end of the period is defined by reference to an event, the day on which that eventoccurs,are not included.Examples(i) Notice of an application must be served at least 3 days before the hearing.An application is to be heard on Friday 20 October.The last date for service is Monday 16 October.(ii) The court is to fix a date for a hearing.The hearing must be at least 28 days after the date of notice.If the court gives notice of the date of the hearing on 1 October, the earliestdate for the hearing is 30 October.(iii) Particulars of claim must be served within 14 days of service of the claim form.The claim form is served on 2 October.The last day for service of the particulars of claim is 16 October.(4) Where the specified period—(a) is 5 days or less; and(b) includes—(i) a Saturday or Sunday; or(ii) a Bank Holiday, Christmas Day or Good Friday,that day does not count.ExampleNotice of an application must be served at least 3 days before the hearing.An application is to be heard on Monday 20 October.The last date for service is Tuesday 14 October.(5) When the period specified—(a) by these Rules or a practice direction; or(b) by any judgment or court order,for doing any act at the court office ends on a day on which the office is closed, that act shall be intime if done on the next day on which the court office is open.6
Document Generated: 2021-02-19Status: This is the original version (as it was originally made).Dates for compliance to be calendar dates and to include time of day2.9.—(1) Where the court gives a judgment, order or direction which imposes a time limit fordoing any act, the last date for compliance must, wherever practicable—(a) be expressed as a calendar date; and(b) include the time of day by which the act must be done.(2) Where the date by which an act must be done is inserted in any document, the date must,wherever practicable, be expressed as a calendar date.Meaning of “month” in judgments, etc.2.10 Where “month” occurs in any judgment, order, direction or other document, it means acalendar month.Time limits may be varied by parties2.11 Unless these Rules or a practice direction provide otherwise or the court orders otherwise,the time specified by a rule or by the court for a person to do any act may be varied by the writtenagreement of the parties.(Rules 3.8 (sanctions have effect unless defaulting party obtains relief), 28.4 (variation of casemanagement timetable—fast track) and 29.5 (variation of case management timetable—multitrack) provide for time limits that cannot be varied by agreement between the parties)PART 3THE COURT'S CASE MANAGEMENT POWERSContents of this PartThe court’s general powers of managementRule 3.1Court officer’s power to refer to a judgeRule 3.2Court’s power to make order of its owninitiativeRule 3.3Power to strike out a statement of caseRule 3.4Judgment without trial after striking outRule 3.5Setting aside judgment entered after strikingoutRule 3.6Sanctions for non-payment of certain feesRule 3.7Sanctions have effect unless defaulting partyobtains reliefRule 3.8Relief from sanctionsRule 3.9General power of the court to rectify matterswhere there has been an error of procedureRule 3.107
Document Generated: 2021-02-19Status: This is the original version (as it was originally made).The court’s general powers of management3.1.—(1) The list of powers in this rule is in addition to any powers given to the court by anyother rule or practice direction or by any other enactment or any powers it may otherwise have.(2) Except where these Rules provide otherwise, the court may —(a) extend or shorten the time for compliance with any rule, practice direction or court order(even if an application for extension is made after the time for compliance has expired);(b) adjourn or bring forward a hearing;(c) require a party or a party’s legal representative to attend the court;(d) hold a hearing and receive evidence by telephone or by using any other method of directoral communication;(e) direct that part of any proceedings (such as a counterclaim)
cited as the Civil Procedure Rules 1998— PART 1 OVERRIDING OBJECTIVE Contents of this Part The overriding objective Rule 1.1 Application by the court of the overriding objective Rule 1.2 Duty of the parties Rule 1.3 Court’s duty to manage cases Rule 1.4 The overriding objective 1.1.—(1) These Rules are a new procedural code with the overriding objective of enabling the court to deal with .
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NC General Statutes - Chapter 1A 1 Chapter 1A. Rules of Civil Procedure. § 1A-1. Rules of Civil Procedure. The Rules of Civil Procedure are as follows: Article 1. Scope of Rules–One Form of Action. Rule 1. Scope
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