PRACTICE DIRECTION – PRODUCTION CENTRE

This Practice Direction supplements CPR Rule 7.10

Contents of this Practice Direction
Title	Number
GENERAL
CLAIMS WHICH MAY NOT BE ISSUED THROUGH THE CENTRE
CENTRE USERS
THE CODE OF PRACTICE
OTHER MODIFICATIONS TO THE CIVIL PROCEDURE RULES
Powers of the officer to make orders	Para. 5.1
Procedure on the filing of a defence	Para. 5.2

GENERAL

1.1

In this Practice Direction
‘the Centre’ means the Production Centre.
‘Centre user’ means a person who is for the time being permitted to issue claims through the Centre, and includes a solicitor acting for such a person.
‘officer’ means the officer in charge of the Centre or another officer of the Centre acting on his behalf.
‘national creditor code’ means the number or reference allotted to a Centre user by the officer.
‘Code of Practice’ means any code of practice which may at any time be issued by the Court Service relating to the discharge by the Centre of its functions and the way in which a Centre user is to conduct business with the Centre.
‘data’ means any information which is required to be given to the court or which is to be contained in any document to be sent to the court or to any party.

Para 1.1 of PD7D amended w/e from 1 October 2005.

1.2

For any purpose connected with the exercise of its functions, the Centre will be treated as part of the office of the court whose name appears on the claim form to which the functions relate, or in whose name the claim form is requested to be issued, and the officer will be treated as an officer of that court.
1.3

(1)   The functions of the Centre include the provision of a facility which, through the use of information technology, enables a Centre user to have claim forms issued and served, whether or not those claim forms are to be treated as issued in the Northampton County Court or in another county court.

(2)   If a Centre user issues claim forms in the name of Northampton County Court, the functions of the Centre also include:

(a)   the handling of defences and admissions,

(b)   the entry of judgment in default, on admission, on acceptance, or on determination,

(c)   the registration of judgments,

(d)   the issue of warrants of execution,

(e)   where the defendant is an individual, the transfer to the defendant's home court of any case that is to continue following the filing of a defence or where a hearing is required before judgment; or, where the defendant is not an individual, the transfer to the court for the area of the claimant's, or where he is represented, his solicitor's, address; and

(f)   the transfer to the defendant's home court of any case for oral examination or where enforcement of a judgment (other than by warrant of execution, charging order or third party debt order) is to follow.

Paragraph 1.3(2)(e) amended w/e from 31st May 2001.
1.4

(1)   Where the officer is to take any step, any rule or Practice Direction which requires a document to be filed before he does so will be treated as complied with if the data which that document would contain is delivered to the Centre in computer readable form in accordance with the Code of Practice.

(2)   Data relating to more than one case may be included in a single document or delivery of data.

(3)   CPR Rules 6.4(3) and 6.21(4) (copies of documents to be served by court) do not apply to any document which is to be produced by electronic means from data supplied by a Centre user.

(4)   Paragraph 7.3 of the practice direction^pdp-16supplementing CPR Part 16 (statements of case), which requires documentation to be attached to the particulars of contract claims, does not apply to claims to be issued by the Centre.

(5)   The practice direction^pdp-22supplementing CPR Part 22 (statements of truth) is modified as follows:

(a)   a single statement of truth may accompany each batch of requests to issue claim forms and may be in electronic form,

(b)   the form of such a statement should be as follows: ‘I believe that the facts stated in the attached claim forms are true.’, and

(c)   the signature of the appropriate person (as to which see section 3 of the practice direction^pdp-22supplementing CPR Part 22) may be in electronic form.

Paragraph 1.4(4) reference to 7.3 substituted for reference to 8 w/e from 30 June 2004,
Text substituted in paragraph 1.4(3) w/e from 1 October 2008.

CLAIMS WHICH MAY NOT BE ISSUED THROUGH THE CENTRE


2.1	The Centre will not issue any claim form which is to be issued in the High Court.


2.2	The Centre will only issue a claim form if the claim is for a specified sum of money less than £100,000.

2.3

The Centre will not issue any of the following types of claim:

(1)   a claim against more than two defendants,

(2)   a claim against two defendants where a different sum is claimed against each of them,

(3)   a claim where particulars of claim separate from the claim form are required,

(4)   a claim against the Crown,

(5)   a claim for an amount in a foreign currency,

(6)   a claim where either party is known to be a child or protected party within Part 21 of the Civil Procedure Rules,

(7)   a claim where the claimant is a legally assisted person within the meaning of the Legal Aid Act 1988^Acts,

(8)   a claim where the defendant’s address for service as it appears on the claim form is not in England or Wales.

(9)   a claim which is to be issued under Part 8 of the Civil Procedure Rules.

Text substituted in paragraph 2.3(6) w/e from 1 October 2007.

CENTRE USERS


3.1	Only a Centre user may issue or conduct claims through the Centre.

Para 3.1 of PD7D amended w/e from 1 October 2005.

3.2

The officer may permit any person to be a Centre user.
3.3
The officer may withdraw the permission for any person to be a Centre user.

3.4
A Centre user must comply with the provisions of the Code of Practice in his dealings with the Centre.

3.5
The officer will allot a national creditor code to each Centre user.

THE CODE OF PRACTICE

4.1

The Code of Practice will contain provisions designed to ensure that the Centre can discharge its functions efficiently, and it may in particular provide for:

(1)   the forms of magnetic media that may be used,

(2)   the circumstances in which data may or must be supplied in magnetic form,

(3)   the circumstances in which data may or must be supplied in a document and the form that such a document must take,

(4)   how often data may be supplied,

(5)   the numbering of cases and data relating to cases,

(6)   data to be given to the Centre by the Centre user about cases which have been settled or paid or are otherwise not proceeding, and

(7)   accounting arrangements and the method of payment of fees.

Cross-reference after Para 4.1 of PD7C and in 4.1(f) substituted w/e from 19 September 2005.

4.2

The Court Service may change the Code of Practice from time to time.

OTHER MODIFICATIONS TO THE CIVIL PROCEDURE RULES

Powers of the officer to make orders

5.1

The officer may make the following orders:

(1)   an order to set aside a default judgment where, after that judgment has been entered, the claim form in the case is returned by the Post Office as undelivered,

(2)   an order to set aside a judgment on application by a Centre user,

(3)   an order to transfer a case to another county court for enforcement or for a judgment debtor to attend court for questioning.

Para 5.1 amended w/e from 25 March 2002.

Procedure on the filing of a defence

5.2


(1)	This paragraph applies where a Centre user has issued a claim in the Northampton County Court and the defendant has filed a defence to the claim or to part of the claim.


(2)	On the filing of the defence the officer will serve a notice on the Centre user requiring the Centre user to notify him within 28 days whether he wishes the claim to proceed.


(3)	If the Centre user does not notify the officer within the time specified in the notice that he wishes the claim to proceed the claim will be stayed, and the officer will notify the parties accordingly.


(4)	The proceedings will not be transferred as provided by paragraph 1.3(2)(e) until the Centre user notifies the officer that he wishes the claim to continue.

Paragraph 5.2(4) amended w/e from 31st May 2001.


(1)	Where the officer is to take any step, any rule or Practice Direction which requires a document to be filed before he does so will be treated as complied with if the data which that document would contain is delivered to the Centre in computer readable form in accordance with the Code of Practice.


(2)	Data relating to more than one case may be included in a single document or delivery of data.


(3)	CPR Rules 6.4(3) and 6.21(4) (copies of documents to be served by court) do not apply to any document which is to be produced by electronic means from data supplied by a Centre user.


(4)	Paragraph 7.3 of the practice direction^pdp-16supplementing CPR Part 16 (statements of case), which requires documentation to be attached to the particulars of contract claims, does not apply to claims to be issued by the Centre.


3.3	The officer may withdraw the permission for any person to be a Centre user.


3.4	A Centre user must comply with the provisions of the Code of Practice in his dealings with the Centre.


3.5	The officer will allot a national creditor code to each Centre user.