The primary sources for a statement of the practice and procedure of the
Commercial Court are the Commercial Court Practice Directionpdp-49d, the
Arbitration Practice Directionpdp-49g and this Guide. However a number of (non-
specialist) practice directions supplement the CPR. This Schedule sets out
the extent to which each of those practice directions can, broadly
speaking, be expected to apply to proceedings in the Commercial List. In
any case in which there is a conflict between the Guide and a provision in
one of the (non-specialist) practice directions which this Appendix
indicates can be expected to apply in the Commercial Court, the Commercial
Court will be influenced by its view of how best to serve the "overriding
objective" in the particular circumstances, but can be expected to apply
the Guide.
|
RULE/ PART
SUPPLEMENTED
BY THE PRACTICE
DIRECTION
|
SUBJECT OF THE
PRACTICE DIRECTION
|
APPLICATION TO
PROCEEDINGS
IN THE
COMMERCIAL LIST OF
THE PRACTICE
DIRECTION
SUPPLEMENTING
THE RULE OR
PART
|
|
Rule 3.4 | Striking out a statement of case | Applies in
full
|
|
Part 6 | Service | Applies in
full, subject to paragraph B5.3 of the Guide
|
|
Part 7 | How to start proceedings -- the claim form | Applies in
full, subject to paragraph B3.3 , B3.6 and C2.2 of the Guide
|
| Rule 7.9 | Consumer Credit Act claim | Applies in
full
|
|
Rule 7.9 | Fixed date claims | No application
|
|
Rule 7.10 | Production Centre | No application
|
|
Part 8 | Alternative procedure for claims | Applies in full, subject to paragraph B4 of the Guide
|
|
Part 10 | Acknowledgment of service | Applies in full, subject to paragraph B7 of the Guide
|
| Part 12 | Default judgment | Applies in full, subject to paragraph B7.6 of the Guide
|
| Part 14 | Admissions | Applies in full, subject to paragraph B7.7 of the Guide
|
| Part 15 | Defence and reply | Applies in full
|
| Part 16 | Statements of case | Applies in part: see paragraphs B3.3 , B3.5 , B3.6 , C1.2 and C2.2 of, and Appendix 04 to, the Guide
|
| Part 17 | Amendments to statements of case | Applies in
part: see paragraph C5.3 and C5.4 of the Guide
|
| Part 18 | Further information | Applies in full, but note paragraph D9
of the Guide
|
| Part 19 | Addition and substitution of parties | Applies in
full, subject to paragraph D14.3 of the Guide
|
| Part 20 | Counterclaims and other Part 20 claims | Applies in
part: see paragraph D7.22 of the Guide
|
| Part 21 | Children and patients | Applies in full
|
| Part 22 | Statements of truth | Applies in full, subject to paragraphs C1.8A , D9.5 , F6.3 and H2.15 of the Guide
|
| Part 23 | Applications | Applies in part: see paragraphs F1.3 , F1.4 , F1.5 and F1.11 of the Guide
|
| Part 24 | Summary disposal of claims | Applies in
full
|
| Part 25 | Interim payments | Applies in full
|
| Part 25 | Accounts and inquiries | Applies in full
|
| Part 25 | Interim injunctions | Applies in part: see paragraphs F19
and J1 of the Guide
|
| Part 26 | Case management -- preliminary stage: allocation
and re-allocation | No application
|
| Part 27 | Small claims track | No application
|
| Part 28 | The fast track | No application
|
| Part 29 | The multi track | No application except for paragraph
7 of the practice direction; but see
Sections D and I of the Guide
|
| Part 30 | Transfer | Applies in full, subject to paragraph B8 of the Guide
|
| Part 31 | Disclosure and inspection | See Section E of the Guide
|
| Part 32 | Written evidence | Applies in full, subject to paragraph F6.5 of the Guide
|
| Part 34 | Depositions and court attendance by witnesses | Applies in full, subject to paragraph H1.10 of the Guide
|
| Part 35 | Experts and assessors | See Section H of and Appendix 12 to
the Guide
|
| Part 36 | Offers to settle and payments into court | Applies in full
|
| Part 37 | Miscellaneous provisions about payments into court | Applies in
full
|
| Part 39 | Miscellaneous provisions relating to hearings | Applies in
part: see paragraph F1.9 and Section I of, and Appendix 11 to, the Guide
|
| Part 51 | Transitional arrangements | Applies subject
to Appendix 20 to the
Guide
|
Note: This Appendix was prepared as at 17 February 1999. At the time
of
preparation, other practice directions supplementing the CPR were not
available.
It is intended to issue any necessary guidance on the application (in
the
Commercial Court) of those other practice directions at a later
point.
For the application in the Commercial Court of the practice
direction
supplementing RSC Order 11 (service out of the jurisdiction), which was
released
on 19 April 1999, please see Appendix 17.