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THE QUEEN'S BENCH GUIDE

A Guide to the working practices of the
Queen's Bench Division within the
Royal Courts of Justice

January 2007

Foreword by The Rt.. Hon. Sir Igor Judge
President of the Queen's Bench Division

We live in a new procedural world. Old landmarks have disappeared from view. New features have taken their place. And everyone seems to be speaking a different language. It is easy to become disoriented. Though it is six years since the introduction of the Civil Procedure Rules, much has changed since the publication of the First Edition of this Guide.

This Guide, prepared for those litigating in the Queen's Bench Division of the High Court, particularly in the Central Office, provides a clear and detailed road-map for those who have lost, or are not sure of, the way.

I am sure this Guide will prove invaluable to the many who will, I hope, use it.

An Appreciation

With the support and encouragement of Sir Igor Judge, the President of the Queen's Bench Division, this Guide has been prepared for the assistance of all who practise or litigate in the Queen's Bench Division.

The contributions made by the Queen's Bench Masters and the staff of the Central Office have been invaluable but this Guide would not have been completed without the hard work and diligence of Master Fontaine, Bryony Young, Clerk to the Interim Applications Judge and Maxine Fidler, my former Personal Assistant, to all of whom I am indebted.

However, all errors and omissions are mine and I would welcome any comments and suggestions from the Profession and all using this Guide for its improvement.

The Senior Master
& Queen's Remembrancer

January 2007

Table of Contents
1. Introduction
  
1.1  The Guide
1.2   The Civil Procedure Rules
1.3   The Practice Directions
1.4  The Forms
1.5  The Queen's Bench Division
1.6  The Central Office
1.7  The Judiciary
2. General
  
2.1  Essential matters
2.2  Inspection and copies of documents
2.3  Time limits
2.4  Legal representation
2.5  Costs
2.6  Court fees
2.7  Information technology
3.   Steps before issue of a Claim Form
  
3.1  Settlement
3.2   Disclosure before proceedings are started
3.3   Defamation proceedings/offer of amends

4.   Starting proceedings in the Central Office
  
4.1  Issuing the claim form
4.2  Particulars of Claim (POC)
4.3  Part 8 procedure
4.4   Service -
Within the jurisdiction and
Out of the jurisdiction
5.   Response to a Part 7 Claim
  
5.1  General
5.2   Acknowledgement of service
5.3   Admissions
5.4   Defence
5.5   Default Judgment
5.6   Statements of case
6.   Preliminary Case Management
  
6.1  The Practice Master
6.2  Assignment to Masters
6.3   Listing before Masters
6.4   Automatic transfer
6.5   Allocation
6.6  Alternative dispute resolution ("ADR")
6.7   Part 8 - alternative procedure for claims
6.8   Specific matters which may be dealt with under Part 8 -
Settlements on behalf of children and patients
Summary order for possession
Settlement of a provisional damages claim
6.9   Transfer
6.10   Part 20 proceedings
6.11   Summary Judgment
6.12   Offers to settle and payments into and out of court
7.   Case Management and Interim Remedies
  
7.1  Case management- general
7.2   The case management conference
7.3   Preliminary issues
7.4   Trial timetable
7.5   Listing Questionnaire
7.6   Pre-trial review
7.7   Requests for further information
7.8  Disclosure
7.9   Experts and Assessors
7.10   Evidence
7.11   Hearings -
Hearings generally
Preparation for hearings
Recording of proceedings
7.12   Applications
7.13   Interim remedies
7.14   Interlocutory Orders
8.   Defamation Claims
  
8.1  Offer to make amends
8.2  Ruling on meaning
8.3  Summary disposal
8.4  Statements read in Court
9.  Listing before Judges
  
9.1   Responsibility for listing
9.2   The Lists
9.3   The Jury List
9.4   The Trial List
9.5  The Interim Hearings List
9.6  General
9.7   Listing before the Interim Applications Judge
9.8   The Lists generally
9.9  Listing Office- general matters
10.   Trial, Judgments and Orders
  
10.1  General
10.2  The Trial
10.3  Judgments and orders -
Judgment or order for payment of money on behalf of a child or patient
Provisional damages
11.   Appeals
  
11.1  General
11.2   Permission to appeal
11.3   Notices
11.4   Appeals in cases of contempt of court
12.   Enforcement
  
12.1  General
12.2   Writs of execution
12.3   Interpleader proceedings (RSC O.17)
12.4   Examination of judgment debtor (RSC O.48)
12.5   Third Party Debt Order proceedings (RSC O.49)
12.6   Charging orders (RSC O.50)
12.7   Receivers; equitable execution (RSC O.51)
12.8   Committals, etc. (RSC O.52)
12.9   Execution against property of Foreign or Commonwealth States
12.10   Recovery of enforcement costs
12.11   Enforcement of Magistrates’ Courts’ orders
12.12   Enforcement of foreign judgments and enforcement of High Court Judgments abroad
13.   Miscellaneous
  
13.1  Service of foreign process (RSC O.69)
13.2   Rectification of register of deeds of arrangement (RSC O.94 r.4)
13.3   Exercise of jurisdiction under the Representation of the People ActsActs (RSC O.95 r.5)
13.4   Bills of Sale Acts 1878 and 1882Acts and the Industrial and Provident Societies Act 1967 (RSC O.95)
13.5   Enrolment of deeds and other documents
13.6   Bail (RSC O.79 r.9)
13.7   References to the Court of Justice of the European Communities
13.8   Group Litigation Orders "GLOs"
Annex 1 -   Fees
Annex 2 -   Masters' abbreviations