See also Part
5
PRACTICE DIRECTION -- COURT DOCUMENTS
This Practice Direction supplements CPR Part 5
|
Signature of Documents by mechanical means
|
|
| 1 |
Where, under rule 5.3, a replica signature is printed
electronically or by other mechanical means on any document, the name of the
person whose signature is printed must also be printed so that the person may
be identified. This paragraph does not apply to claim forms issued through the
Claims Production Centre. |

|
Form of Documents
|
|
| 2.1 |
Statements of case and other documents drafted by a legal
representative should bear his/her signature and if they are drafted by a legal
representative as a member or employee of a firm they should be signed in the
name of the firm. |
|
| 2.2 |
Every document prepared by a party for filing or use at
the Court must – |
| | (1)
| Unless the nature of the document renders it
impracticable, be on A4 paper of durable quality having a margin, not less than
3.5 centimetres wide, |
|
| | (2)
| be fully legible and should normally be
typed, |
|
| | (3)
| where possible be bound securely in a manner which
would not hamper filing or otherwise each page should be endorsed with the case
number, |
|
| | (4)
| have the pages numbered consecutively, |
|
| | (5)
| be divided into numbered paragraphs, |
|
| | (6)
| have all numbers, including dates, expressed as
figures, and |
|
| | (7)
| give in the margin the reference of every document
mentioned that has already been filed. |
|
|
| 2.3 |
A document which is a copy produced by a colour photostat
machine or other similar device may be filed at the court office provided that
the coloured date seal of the Court is not reproduced on the copy. |

|
Supply of Documents to New Parties
|
|
| 3.1 |
Where a party is joined to existing proceedings, the
party joined shall be entitled to require the party joining him to supply,
without charge, copies of all statements of case, written evidence and any
documents appended or exhibited to them which have been served in the
proceedings by or upon the joining party which relate to any issues between the
joining party and the party joined, and copies of all orders made in those
proceedings. The documents must be supplied within 48 hours after a written
request for them is received. |
|
| 3.2 |
If the party joined is not supplied with copies of the
documents requested under paragraph 3.1 within 48 hours, he may apply under
Part 23 for an order that they be supplied. |
|
| 3.3 |
The party by whom a copy is supplied under paragraph 3.1
or, if he is acting by a solicitor, his solicitor, shall be responsible for it
being a true copy. |

|
Supply of documents from court records
|
|
| 4.1 |
Registers of claims which have been issued are available
for inspection at the following offices of the High Court at the Royal Courts
of Justice: |
| | (1)
| the Central Office of the
Queen’s Bench Division; |
|
| | (3)
| the Admiralty and Commercial
Court Registry. |
|
|
| Paragraphs 4.1--4.4 substituted for 4.1--4.5 w/e from 1 October 2004. |
4.2 |
No registers of claims are at present available for
inspection in county courts or in district
registries or other offices of
the High Court. |
|
| Paragraphs 4.1--4.4 substituted for 4.1--4.5 w/e from 1 October 2004. |
4.2A |
A party to proceedings may, unless the court orders
otherwise, obtain from the records of the court a copy of – |
| | (a)
| a certificate of suitability of a
litigation friend; |
|
| | (c)
| a claim form or other statement
of case together with any documents filed with or attached to or intended by
the claimant to be served with such claim form; |
|
| | (d)
| an acknowledgment of service
together with any documents filed with or attached to or intended by the party
acknowledging service to be served with such acknowledgement of
service; |
|
| | (e)
| a certificate of service, other
than a certificate of service of an application notice or order in relation to
a type of application mentioned in sub-paragraph (h)(i) or (ii); |
|
| | (f)
| a notice of
non-service; |
|
| | (g)
| an allocation
questionnaire; |
|
| | (h)
| an application notice, other than
in relation to –|
| | (i)
| an application by a
solicitor for an order declaring that he has ceased to be the solicitor acting
for a party; or |
|
| | (ii)
| an application for an order
that the identity of a party or witness should not be disclosed; |
|
|
| | (i)
| any written evidence filed in
relation to an application, other than a type of application mentioned in
sub-paragraph (h)(i) or (ii); |
|
| | (j)
| a judgment or order given or made
in public (whether made at a hearing or without a hearing); |
|
| | (k)
| a statement of
costs; |
|
| | (m)
| a notice of payment into
court; |
|
| | (n)
| a notice of
discontinuance; |
|
| | (o)
| a notice of change;
or |
|
|
| Paragraph 4.2A inserted into PD5 w/e from 1 October 2005. It replaces list in Rule 5.4. |
4.3 |
An application under rule
5.4B(2), 5.4C(2) or 5.4C(3)(b)(ii)
for permission to obtain a copy of a document, even if made
without notice, must be made under CPR Part 23 and the application notice must
identify the document or class of document in respect of which permission is
sought and the grounds relied upon. |
|
Paragraphs 4.1--4.4 substituted for 4.1--4.5 w/e from 1 October 2004, Reference updated in para
4.3 w/e from 2 October 2006. |
4.4 |
An application under rule 5.4C(4) by a party or a person
identified in a claim form must be made –
|
| | (2)
| to a Master or district judge,
unless the court directs otherwise. |
|
|
Paragraphs 4.1--4.4 substituted for 4.1--4.5 w/e from 1 October 2004, Reference updated in para
4.4 w/e from 2 October 2006. |
4.5 |
4.5 Rule 5.4B allows a person who is a party to
proceedings to obtain copies of documents from court records. A person is a
party to proceedings who has been named as a party on a statement of case
irrespective of whether they have been served with that statement of
case. |
| Para 4.5 added w/e from 2
October 2006. |

|
Supply of documents from court records – statements of
case filed before 2nd October 2006
|
|
| 4A.1 |
Rule 5.4C(1A) provides that the rules of court relating
to access by a non-party to statements of case in force immediately before 2nd
October 2006 apply to statements of case filed before that date as if they had
not been revoked. For ease of reference, those rules are set out in the
following paragraphs as they applied to statements of case, along with the
relevant supplementary provisions previously contained in this practice
direction. |
|
| 4A.2 |
A person who is not a party to proceedings may
– |
| | (1)
| unless the court orders
otherwise, obtain from the records of the court a copy of a claim form, but not
any documents filed with or attached to or intended by the claimant to be
served with such claim form, subject to paragraph 4A.3 and to any order of the
court under paragraph 4A.4; and |
|
| | (2)
| if the court gives permission,
obtain from the records of the court a copy of any other statement of
case. |
|
|
| 4A.3 |
A person may obtain a copy of a claim form under
paragraph 4A.2(1) only if – |
| | (1)
| where there is one defendant, the
defendant has filed an acknowledgment of service or a defence; |
|
| | (2)
| where there is more than one
defendant, either –|
| | (a)
| all the defendants have
filed an acknowledgment of service or a defence; |
|
| | (b)
| at least one defendant has
filed an acknowledgment of service or a defence, and the court gives
permission; |
|
|
| | (3)
| the claim has been listed for a
hearing; or |
|
| | (4)
| judgment has been entered in the
claim. |
|
|
| 4A.4 |
The court may, on the application of a party or any
person identified in the claim form – |
| | (1)
| restrict the persons or classes
of persons who may obtain a copy of the claim form; |
|
| | (2)
| order that persons or classes of
persons may only obtain a copy of the claim form if it is edited in accordance
with the directions of the court; or |
|
| | (3)
| make such other order as it
thinks fit. |
|
|
| 4A.5 |
A person wishing to obtain a copy of a document under
paragraph 4A.2 must pay any prescribed fee and – |
| | (a)
| if the court’s
permission is required, file an application notice in accordance with Part 23;
or |
|
| | (b)
| if permission is not
required, file a written request for the document. |
|
|
|
| 4A.6 |
An application for permission to obtain a copy of a
statement of case, or for an order under paragraph 4A.4, may be made without
notice, but the court may direct notice to be given to any person who would be
affected by its decision. |
|
| 4A.7 |
An application under paragraph 4A.3(2)(b) for permission
to obtain a copy of a claim form must be made under Part 23. |
|
| 4A.8 |
An application notice under paragraph 4A.2(2) or
paragraph 4A.3(2)(b) must identify the document or class of document in respect
of which permission is sought and the grounds relied upon. |
|
| 4A.9 |
An application under paragraph 4A.4 by a party or a
person identified in a claim form must be made –
|
| | (b)
| to a Master or district
judge, unless the court directs otherwise. |
|
|

|
Documents for Filing at Court
|
|
| 5.1 |
The date on which a document was filed at court must be
recorded on the document. This may be done by a seal or a receipt stamp. |
|
| 5.2 |
Particulars of the date of delivery at a court office of
any document for filing and the title of the proceedings in which the document
is filed shall be entered in court records, on the court file or on a computer
kept in the court office for the purpose. Except where a document has been
delivered at the court office through the post, the time of delivery should
also be recorded. |
|
| 5.3 |
Filing by Facsimile |
| | (1)
| Subject to paragraph (6) below, a party may file a
document at court by sending it by facsimile (‘fax’). |
|
| | (2)
| Where
a party files a document by fax, he must not send a hard copy in addition. |
|
| | (3)
| A party filing a document by fax should be aware
that the document is not filed at court until it is delivered by the
court’s fax machine, whatever time it is shown to have been transmitted
from the party’s machine. |
|
| | (4)
| The time of delivery of the faxed document will be
recorded on it in accordance with paragraph 5.2. |
|
| | (5)
| It remains the responsibility of the party to
ensure that the document is delivered to the court in time. |
|
| | (6)
| If a fax is delivered after 4
p.m. it will be treated as filed
on the next day the court office is open. |
|
| | (7)
| If a fax relates to a hearing, the date and time of
the hearing should be prominently displayed. |
|
| | (8)
| Fax should not be used to send letters or documents
of a routine or non-urgent nature. |
|
| | (9)
| Fax should not be used, except in an unavoidable
emergency, to deliver:|
| | (a)
| a document which attracts a fee |
|
| | (c)
| a document relating to a hearing less than
two hours ahead |
|
| | (d)
| trial bundles or skeleton arguments |
|
|
| | (10)
| Where (9)(a) or (b) applies, the fax should give an
explanation for the emergency and include an undertaking that the fee or money
has been dispatched that day by post or will be paid at the court office
counter the following business day. |
|
| | (11)
| Where courts have several fax machines, each
allocated to an individual section, fax messages should only be sent to the
machine of the section for which the message is intended. |
|
|
| Paragraph 5.3 amended w/e from 2 December 2002. |
5.4 |
Where the Court orders any document to be lodged in
Court, the document must, unless otherwise directed, be deposited in the office
of that Court. |
|
| 5.5 |
A document filed, lodged or held in any court office
shall not be taken out of that office without the permission of the Court
unless the document is to be sent to the office of another court (for example
under CPR Part 30 (Transfer)), except in accordance with CPR rule 39.7 (impounded documents) or in accordance with paragraph 5.6 below. |
|
| Para 5.5 amended w/e from from 26 March 2001. |
5.6 |
|
| | (1)
| Where a document filed, lodged or held in a court
office is required to be produced to any Court, Tribunal or arbitrator, the
document may be produced by sending it by registered post (together with a
Certificate as in paragraph 5.6(8)(b)) to the Court, Tribunal or arbitrator in
accordance with the provisions of this paragraph. |
|
| | (2)
| Any Court, Tribunal or arbitrator or any party
requiring any document filed, lodged or held in any court office to be produced
must apply to that court office by sending a completed request (as in paragraph
5.6 (8)(a)), stamped with the prescribed fee. |
|
| | (3)
| On receipt of the request the court officer will
submit the same to a Master in the Royal Courts of Justice or to a District
Judge elsewhere, who may direct that the request be complied with. Before
giving a direction the Master or District Judge may require to be satisfied
that the request is made in good faith and that the document is required to be
produced for the reasons stated. The Master or District Judge giving the
direction may also direct that, before the document is sent, an official copy
of it is made and filed in the court office at the expense of the party
requiring the document to be produced. |
|
| | (4)
| On the direction of the Master or District Judge
the court officer shall send the document by registered post addressed to the
Court, Tribunal or arbitrator, with:|
| | (a)
| an envelope stamped and addressed for use in
returning the document to the court office from which it was sent; |
|
| | (b)
| a Certificate as in paragraph
5.6(8)(b); |
|
| | (c)
| a covering letter describing the document,
stating at whose request and for what purpose it is sent, referring to this
paragraph of the Practice Direction and containing a request that the document
be returned to the court office from which it was sent in the enclosed envelope
as soon as the Court or Tribunal no longer requires it. |
|
|
| | (5)
| It shall be the duty of the Court, Tribunal or
arbitrator to whom the document was sent to keep it in safe custody, and to
return it by registered post to the court office from which it was sent, as
soon as the Court, Tribunal or arbitrator no longer requires it. |
|
| | (6)
| In each court office a record shall be kept of each
document sent and the date on which it was sent and the Court, Tribunal or
arbitrator to whom it was sent and the date of its return. It shall be the duty
of the court officer who has signed the certificate referred to in para
5.6(8)(b) below to ensure that the document is returned within a reasonable
time and to make inquiries and report to the Master or District Judge who has
given the direction under paragraph (3) above if the document is not returned,
so that steps may be taken to secure its return. |
|
| | (7)
| Notwithstanding the preceding paragraphs, the
Master or District Judge may direct a court officer to attend the Court,
Tribunal or arbitrator for the purpose of producing the document. |
|
| | (8)
| |
| | (a)
| I, of ,
an officer of the Court/Tribunal at /an
arbitrator of /the Claimant /Defendant /Solicitor for the
Claimant/ Defendant [describing the Applicant so as to show that he is
a proper person to make the request] in the case of
v. [19 No. ] (REQUEST that the following document [or
documents] be produced to the Court /Tribunal/arbitrator on the day of 19 [and
following days] and I request that the said document [or documents] be sent by
registered post to the proper officer of the Court/Tribunal/arbitrator for
production to that Court/ Tribunal/arbitrator on that day. (Signed). Dated the day of 1999/2
|
|
| | (b)
| I, A.B., an officer of the Court of certify that the
document sent herewith for production to the Court/Tribunal/arbitrator on
the day of 1999/2 in
the case of v. and marked ‘A.B.’ is the document requested on the
day of 1999/2 and I FURTHER CERTIFY that the said document has been filed in
and is produced from the custody of the Court. (Signed) Dated the day of 1999/2 . |
|
|
| Para 5.6(2) amended w/e from from 26 March 2001. |

|
Enrolment of Deeds and other Documents
|
|
| 6.1 |
|
| | (1)
| Any deed or document which by virtue of any
enactment is required or authorised to be enrolled in the Supreme Court may be
enrolled in the Central Office of the High Court. |
|
| | (2)
| Attention is drawn
to the Enrolment of Deeds
(Change of Name) Regulations 1994 which are reproduced in the Appendix to this
Practice Direction. |
|
|
| 6.2 |
The following paragraph of the Practice Direction
describes the practice to be followed in any case in which a child’s name
is to be changed and to which the 1994 Regulations apply. |
|
| 6.3 |
|
| | (1)
| Where a person has by any order of the High Court,
County Court or Family Proceedings Court been given parental responsibility for
a child and applies to the Central Office, Filing Department, for the enrolment
of a Deed Poll to change the surname (family name) of a child who is under the
age of 18 years (unless a child who is or has been married
or has formed a civil partnership),
the application must be supported by the production of the consent in writing
of every other person having parental responsibility. |
|
| | (2)
| In the absence of that consent, the application
will be adjourned generally unless and until permission is given in the
proceedings, in which the said order was made, to change the surname of the
child and the permission is produced to the Central Office. |
|
| | (3)
| Where an application is made to the Central Office
by a person who has not been given parental responsibility for a child by any
order of the High Court, County Court or Family Proceedings Court for the
enrolment of a Deed Poll to change the surname of the child who is under the
age of 18 years (unless the child is or has been married
or has formed a civil partnership),
permission of the Court to enrol the Deed will be granted if the consent in
writing of every person having parental responsibility is produced or if the
person (or, if more than one, persons) having parental responsibility is dead
or overseas or despite the exercise of reasonable diligence it has not been
possible to find him or her for other good reason. |
|
| | (4)
| In cases of doubt the Senior Master or, in his
absence, the Practice Master will refer the matter to the Master of the
Rolls. |
|
| | (5)
| In the absence of any of the conditions specified
above the Senior Master or the Master of the Rolls, as the case may be, may
refer the matter to the Official Solicitor for investigation and report. |
|

Appendix
Regulations made by the Master of the Rolls, Sir Thomas
Bingham M.R. on March 3, 1994 (S.I. 1994 No.604) under s.133(1) of the Supreme
Court Act 1981. |
|
| 1 |
|
| | (1)
| These regulations may be cited as the Enrolment of
Deeds (Change of Name) Regulations 1994 and shall come into force on April 1,
1994. |
|
| | (2)
| These Regulations shall govern the enrolment in the
Central Office of the Supreme Court of deeds evidencing change of name
(referred to in these Regulations as ‘deeds poll’). |
|
|
| 2 |
|
| | (1)
| A person seeking to enrol a deed poll (’the
applicant’) must be a Commonwealth citizen as defined by section 37(1) of
the British Nationality Act 1981. |
|
| | (2)
| If the applicant is a British citizen, a British
Dependent Territories citizen or a British Overseas citizen, he must be
described as such in the deed poll, which must also specify the section of the
British Nationality Act under which the relevant citizenship was
acquired. |
|
| | (3)
| In any other case, the applicant must be described
as a Commonwealth citizen. |
|
| | (4)
| The applicant must be described in the deed poll as
single, married, widowed,
divorced, a civil partner or former civil partner and, if a former civil
partner, whether the civil partnership ended on death or dissolution. |
|
|
| 3 |
|
| | (1)
| As proof of the citizenship named in the deed poll,
the applicant must produce:
|
| | (b)
| a certificate of citizenship by registration
or naturalisation or otherwise; or |
|
| | (c)
| some other document evidencing such
citizenship. |
|
|
| | (2)
| In addition to the documents set out in paragraph
(1), an applicant who is married
or a civil partner
must:
|
| | (b)
| show that the notice of his intention to
apply for the enrolment of the deed poll had been given to his spouse
or civil partner
by delivery or by post to his spouse's
or civil partner's
last known address; and |
|
| | (c)
| show that he has obtained the consent of his
spouse or civil partner
to the proposed change of name or that there is
good reason why such consent should be dispensed with. |
|
|
|
| 4 |
|
| | (1)
| The deed poll and the documents referred to in
regulation 3 must be exhibited to a statutory declaration by a Commonwealth
citizen who is a householder in the United Kingdom and who must declare that he
is such in the statutory declaration. |
|
| | (2)
| The statutory declaration must state the period,
which should ordinarily not be less than 10 years, during which the householder
has known the applicant and must identify the applicant as the person referred
to in the documents exhibited to the statutory declaration. |
|
| | (3)
| Where the period mentioned in paragraph (2) is
stated to be less than 10 years, the Master of the Rolls may in his absolute
discretion decide whether to permit the deed poll to be enrolled and may
require the applicant to provide more information before so deciding. |
|
|
| 5 |
If the applicant is resident outside the United Kingdom,
he must provide evidence that such residence is not intended to be permanent
and the applicant may be required to produce a certificate by a solicitor as to
the nature and probable duration of such residence. |
|
| 6 |
The applicant must sign the deed poll in both his old and
new names. |
|
| 7 |
Upon enrolment the deed poll shall be advertised in the
London Gazette by the clerk in charge for the time being of the Filing and
Record Department at the Central Office of the Supreme Court. |
|
| 8 |
|
| | (1)
| Subject to the following provisions of this
regulation, these Regulations shall apply in relation to a deed poll evidencing
the change of name of a child as if the child were the applicant. |
|
| | (2)
| Paragraphs (3) to (8) shall not apply to a child
who has attained the age of 16 and
is or has been married or a civil partner. |
|
| | (3)
| If the child is under the age of 16, the deed poll
must be executed by a person having parental responsibility for him. |
|
| | (4)
| If the child has attained the age of 16, the deed
poll must, except in the case of a person mentioned in paragraph (2), be
executed by a person having parental responsibility for the child and be
endorsed with the child’s consent signed in both his old and new names
and duly witnessed. |
|
| | (5)
| The application for enrolment must be supported:|
| | (a)
| by a
witness statement showing that
the change of name is for the benefit of the child;
and – |
| | (i)
| that the application is submitted by
all persons having parental responsibility for the child; or |
|
| | (ii)
| that it is submitted by one person
having parental responsibility for the child with the consent of every other
person; or |
|
| | (iii)
| that it is submitted by one person
having parental responsibility for the child without the consent of every other
such person, or by some other person whose name and capacity are given, for
reasons set out in the affidavit; and |
|
|
| | (b)
| by such other evidence, if any, as the Master
of the Rolls may require in the particular circumstances of the case. |
|
|
| | (6)
| Regulation 4(2) shall not apply but the statutory
declaration mentioned in regulation 4(1) shall state how long the householder
has known the deponent under paragraph (5)(a) and the child
respectively. |
|
| | (7)
| Regulation 6 shall not apply to a child who has not
attained the age of 16. |
|
| | (8)
| In this regulation ‘parental
responsibility’ has the meaning given in section 3 of the Children Act
1989. |
|
|
| 9 |
The Enrolment of Deeds (Change of Name) Regulations 1983
and the Enrolment of Deeds (Change of Name) (Amendment) Regulations 1990 are
hereby revoked. |