The Chancery Guide 2005 Contents CHAPTER 1 INTRODUCTORY The overriding objective About the Chancery Division About this Guide SECTION A GENERAL CIVIL WORK CHAPTER 2 STARTING PROCEEDINGS, SERVICE, ALLOCATION AND STATEMENTS OF CASE Key Rules: CPR Parts 6, 7, 8, 9, 10, 15, 16, 18, 20 and 26 and CPR Schedule 1 How to start a claim Service Allocation Statements of case Part 8 claims CHAPTER 3 THE COURT'S CASE MANAGEMENT POWERS Key Rules: CPR rule 1.4, and Parts 3, 18, 19, 26, 29, 31, 39 Directions Applications for information and disclosure Preliminary issues Group Litigation Orders Trial timetable Pre-Trial Review CHAPTER 4 DISCLOSURE OF DOCUMENTS AND EXPERT EVIDENCE Key Rules: CPR Parts 18, 29, 31 and 35; PDs supplementing Parts 31 and 35 DISCLOSURE OF DOCUMENTS EXPERT EVIDENCE General Duties of an expert Single joint expert More than one expert - exchange of reports Discussion between experts Written questions to experts Request by an expert to the court for directions Assessors CHAPTER 5 APPLICATIONS Key Rules: CPR Parts 23 and 25, PDs 23 and 25 Applications without notice Applications without a hearing Applications to a judge Agreed Adjournment of Interim Applications Interim Applications by Order by agreement The duty of disclosure Freezing Injunctions and Search Orders Opposed applications without notice Orders on applications Consents by parties not attending hearing Bundles and Skeleton Arguments Out of hours emergency arrangements Vacation arrangements Applications to a Master Applications for payment out of court CHAPTER 6 LISTING ARRANGEMENTS Key Rules: CPR Parts 29 and 39 HEARINGS BEFORE JUDGES Responsibility for listing The Trial List The Interim Hearings List The General List Allocation of Cases to Levels of Judiciary Warned List - General and Interim Hearings Lists Estimate of duration Applications after listing Appeals Daily list of cases Listing of Particular Business HEARINGS BEFORE MASTERS Assignment of cases before Masters Oral applications without notice to the Masters CHAPTER 7 PREPARATION FOR HEARINGS Key Rules: CPR Parts 29 and 39 HEARINGS BEFORE JUDGES Estimates Changes in Estimate Inaccurate estimates Bundles Skeleton Arguments Time for delivery of skeleton arguments Place to which skeleton arguments should be delivered Content of skeleton arguments Failure to lodge bundles or skeleton arguments on time Authorities Oral Argument Documents and Authorities Adjournments When to apply How to apply HEARINGS BEFORE MASTERS AND REGISTRARS Skeleton arguments Compromise or settlement of hearings CHAPTER 8 CONDUCT OF A TRIAL Key Rules: CPR Parts 32 and 39 Time limits Oral submissions Witness Statements Cross-examination Expert Evidence Physical exhibits CHAPTER 9 JUDGMENTS, ORDERS AND PROCEEDINGS AFTER JUDGMENT Key Rules: CPR Part 40, and PDs 40, 40B and 40D Judgments Orders Drafting and Service of Orders Forms of Order Copies of Orders Consent Orders Consents by parties not attending the hearing Tomlin Orders Proceedings after judgment Directions for accounts for inquiries CHAPTER 10 APPEALS Key Rules: CPR Part 52 and PD 52; PD Insolvency Proceedings, Part 4, paragraph 17: Appeals General Permission to appeal Time for appealing Stay Appeals from Masters in cases proceeding in the Chancery Division Insolvency appeals Appeals from orders made in county court claims Statutory appeals Appeals to the Court of Appeal: permission to appeal Appeals in cases of contempt of court Dismissal by consent CHAPTER 11 COSTS Key Rules: CPR Parts 43 to 48 and the PD supplementing them Summary Assessment Conditional fee agreements Other provisions CHAPTER 12 DISTRICT REGISTRIES General Judges Trials Applications Application Days before a judge Applications out of hours and telephone applications Agreed interim orders Local Listing Arrangements Birmingham: Shared Listing Bristol: Reserve Listing Cardiff: Reserve Listing Manchester, Liverpool and Preston Leeds and Newcastle CHAPTER 13 COUNTY COURTS Key Rules: CPR Part 30; PD 7, paragraph 2 Unified procedure Chancery cases brought in the county court Transfer to a county court Patents County Court CHAPTER 14 USE OF INFORMATION TECHNOLOGY Key Rules: CPR rule 1.4, Part 6; PD 6, PD 32, Annex 3 General Provision of information on disk: Skeleton arguments etc E-mail communications with the Chancery Division Transcripts Fax communications Telephone hearings Video-conferencing CHAPTER 15 MISCELLANEOUS MATTERS Key Rules: CPR Part 39; PD - Miscellaneous Provisions relating to Hearings supplementing CPR Part 39 Litigants in person Assistance to litigants in person Representation on behalf of companies Robed and unrobed hearings Solicitors' rights of audience Recording at hearings CHAPTER 16 SUGGESTIONS FOR IMPROVEMENT AND COURT USERS' COMMITTEES Chancery Division Court Users' Committee Insolvency Court Users' Committee Insolvency Rules Committee Intellectual Property Court Users' Committee Pension Litigation Court Users' Committee Court Users' Committees outside London CHAPTER 17 ALTERNATIVE DISPUTE RESOLUTION Key Rules: CPR rules 3.1 and 26.4 SECTION B SPECIALIST WORK CHAPTER 18 INTRODUCTION TO THE SPECIALIST WORK OF THE CHANCERY DIVISION CHAPTER 19 THE BANKRUPTCY COURT Key Rules: PD - Insolvency Proceedings; Insolvency Rules 1986 Statutory demands Bankruptcy petitions Other applications Orders without attendance Listing certificates Preparation for hearings before the Registrars General information CHAPTER 20 THE COMPANIES COURT Key Rules: PD 49 - Applications under the Companies Act; PD - Insolvency; Insolvency Rules 1986; Insolvent Companies (Disqualification of Unfit Directors) Proceedings Rules 1987; PD - Directors Disqualification Proceedings Preparation for hearings before the Registrars Administration Orders Court Order Out of court Schemes of arrangement Winding up petitions Proceedings for relief from unfairly prejudicial conduct under the Companies Act 1985Acts, section 459 Applications for leave to act as director of a company with a prohibited name General CHAPTER 21 MORTGAGE CLAIMS Key Rules: CPR Parts 55 and 73 and the PDs supplementing them CHAPTER 22 PARTNERSHIP CLAIMS AND RECEIVERS Key Rules: RSC O.81 (in CPR, schedule 1); CPR Part 69, PDs 24 and 40 PARTNERSHIP CLAIMS RECEIVERS CHAPTER 23 THE PATENTS COURT AND TRADE MARKS etc. Key Rules: CPR Part 63 and PD 63 - Patents, etc Patents County Court Registered trademarks and other intellectual property rights CHAPTER 24 PROBATE AND INHERITANCE CLAIMS Key Rules: CPR Part 57 and PD 57 PROBATE INHERITANCE (PROVISION FOR FAMILY AND DEPENDANTS) ACT 1975 CHAPTER 25 REVENUE PROCEEDINGS Key Rules: CPR Part 52, PD 52, paragraphs 23.2(11) to (16), 23.3 to 23.5, 23.8 Appeals from the Value Added Tax and Duties Tribunal CHAPTER 26 TRUSTS Key Rules: CPR Part 8; Part 19; Part 64 and PD 64 Introduction Trustees' applications for directions Case management directions Proceeding without a hearing Evidence Consultation with beneficiaries Hearing Representation Orders Costs Prospective costs orders Charity trustees' applications for permission to bring proceedings Variation of Trusts Act 1958 Stamp Duty Applications under section 48 of the Administration of Justice Act 1985ActsActs Vesting orders - property in Scotland Disability of Trustee Lodgment of Funds Estates of Deceased Lloyd's Names Judicial Trustees APPENDIX 1 ADDRESSES AND OTHER CONTACT DETAILS 1. CLERKS TO THE CHANCERY JUDGES 2. E-MAIL COMMUNICATIONS 3. AT THE ROYAL COURTS OF JUSTICE, THOMAS MORE BUILDING 4. AT THE ROYAL COURTS OF JUSTICE BUT OUTSIDE THOMAS MORE BUILDING 5. LONDON, OUTSIDE THE ROYAL COURTS OF JUSTICE 6. OUTSIDE LONDON APPENDIX 2 GUIDELINES ON STATEMENTS OF CASE APPENDIX 3 CASE MANAGEMENT DIRECTIONS APPENDIX 4 Part 1: JUDGE'S APPLICATION INFORMATION FORM Part 2: WRITTEN EVIDENCE LODGMENT FORM CHANCERY CHAMBERS APPENDIX 5 CORRESPONDENCE WITH CHANCERY MASTERS - PRACTICE NOTE APPENDIX 6 GUIDELINES ON BUNDLES Avoidance of duplication Chronological order and organisation Pagination Format and presentation Indices and labels Staples etc. Statements of case Witness statements, affidavits and expert reports New Documents Inter-Solicitor Correspondence Core bundle Basis of agreement of bundles Photocopy authorities APPENDIX 7 GUIDELINES ON SKELETON ARGUMENTS, CHRONOLOGIES, INDICES AND READING LISTS Skeleton arguments Reading lists Chronologies and indices APPENDIX 8 DELIVERY OF DOCUMENTS IN CHANCERY CHAMBERS APPENDIX 9 GUIDELINES ON WITNESS STATEMENTS APPENDIX 10 A GUIDE FOR RECEIVERS IN THE CHANCERY DIVISION ACTION ON THE APPOINTMENT OF A RECEIVER (Rule 69.6; PD 6&8) Giving Security (Rule 69.5; PD 7). Receiver's Remuneration (Rule 69.7; PD9) Receiver's Accounts (Rule 69.8; PD 10). Discharge of Receiver and Cancellation of Security (Rule 69.10&11) APPENDIX 11 LLOYD'S NAMES' ESTATE APPLICATIONS: FORMS FORM OF WITNESS STATEMENT FORM OF ORDER APPENDIX 12 DRAFT PARAGRAPHS OF ORDER INDEX      Next     Top