See also Practice Direction
5, Practice Direction
5B
Part
5
COURT DOCUMENTS
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Scope of this Part
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5.1 |
This part contains general provisions about
–
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documents used in court proceedings; and
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the obligations of a court officer in relation to
those documents.
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Preparation of documents
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5.2 |
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Where under these Rules, a document is to be prepared
by the court, the document may be prepared by the party whose document it is,
unless –
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a court officer otherwise directs; or
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it is a document to which –
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CCR Order 25, rule 8(9) (reissue of warrant
where condition upon which warrant was suspended has not been complied with);
or
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Nothing in this rule shall require a court officer to
accept a document which is illegible, has not been duly authorised, or is
unsatisfactory for some other similar reason.
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| Rule 5.2 amended w/e from 25 March 2002. |
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Signature of documents by mechanical
means
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5.3 |
Where any of these Rules or any practice direction
requires a document to be signed, that requirement shall be satisfied if the
signature is printed by computer or other mechanical means.
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Register of claims
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5.4 |
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A court or court office may keep a
publicly accessible register of claims which have been issued out of that court
or court office.
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Any person who pays the prescribed
fee may, during office hours, search any available register of
claims.
(The practice direction contains details of available
registers).
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| This Rule is referred to in: Part 76 (76.34), appforwarrant_comp_act2002 (3.2), pd-ca12 (12.1.1.), PDP 05 (4.3), PDP 08c (2), (3), PDP 19b (6.6), (6.6), PDP 54b (3.1), PDP 64b (2), (3), Civil Recovery PD (9.1), Competition Act Warrant PD (3.2), PDR 85 (2), (3), Chancery Guide - Ch 26, App 1 (26.4), (26.5), QB Guide - Chapter 2 (2.2), (2.2), QB Guide - Chapter 4 (4.2), Comm Ct Guide - Pt B (B6.6), SCCO costs guide - Section 1 (1.6), Allan v Clibbery [66], Moscow v Bankers Trust [52]. |
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This Rule is referred to in the following SIs: Civil Procedure (Amendment No. 2) Rules 2004 (7), (Notes), (Notes), Civil Procedure (Amendment No. 2) Rules 2005 (4), Civil Procedure (Amendment No. 3) Rules 2005 (8), (Notes), (Notes), (Notes), Civil Procedure (Amendment No.2) Rules 2006 (3), Civil Procedure (Amendment) Rules 2002 (4), Civil Procedure (Amendment) Rules 2006 (3), (3), (Notes), Civil Procedure Amendment Rules 2004 (3). |
New text added to 5.4(5)(a)(i) w/e from 1 October 2005,
New text substituted for Rule
5.4 w/e from 2 October 2006,
New text substituted for Rule 5.4(3) w/e from 1 October 2005,
Note that the text of Rule 5.4 replaced w/e from 1 October 2004 and links to it from cases decided before that date may not work. |
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Supply of documents to Attorney-General from court
records
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5.4A |
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The Attorney-General may search for, inspect and take a
copy of any documents within a court file for the purpose of preparing an
application or considering whether to make an application under section 42 of
the Supreme Court Act 1981Acts1 or section
33 of the Employment Tribunals Act 19962
(restriction of vexatious proceedings).
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The Attorney-General must, when exercising the right
under paragraph (1) –
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pay any prescribed fee; and
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file a written request, which must –
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confirm that the request is for the purpose
of preparing an application or considering whether to make an application
mentioned in paragraph (1); and
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name the person who would be the subject of
the application.
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| New rule 5.4A inserted after rule 5.4 w/e from 1 June 2004. |
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Supply of documents to a party from court
records
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5.4B |
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A party to proceedings may, unless
the court orders otherwise, obtain from the records of the court a copy of any
document listed in paragraph 4.2A of the Practice Direction.
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A party to proceedings may, if the
court gives permission, obtain from the records of the court a copy of any
other document filed by a party or communication between the court and a party
or another person.
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| Rule 5.4B inserted w/e
from 2 October 2006. |
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Supply of documents to a non-party from court
records
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5.4C |
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The general rule is that a person who
is not a party to proceedings may obtain from the court records a copy of
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a statement of case, but not
any documents filed with or attached to the statement of case, or intended by
the party whose statement it is to be served with it;
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a judgment or order given or
made in public (whether made at a hearing or without a hearing).
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Where a non-party seeks to obtain a
copy of a statement of case filed before 2nd October 2006 –
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this rule does not apply;
and
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the rules of court relating to
access by a non-party to statements of case in force immediately before 2nd
October 2006 apply as if they had not been revoked.
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(The rules
relating to access by a non-party to statements of case in force immediately
before 2nd October 2006 were contained in the former rule 5.4(5) to 5.4(9). The
Practice Direction to this Part sets out the relevant provisions as they
applied to statements of case.)
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A non-party may, if the court gives
permission, obtain from the records of the court a copy of any other document
filed by a party, or communication between the court and a party or another
person.
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A non-party may obtain a copy of a
statement of case or judgment or order under paragraph (1) only if
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where there is one defendant,
the defendant has filed an acknowledgment of service or a
defence;
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where there is more than one
defendant, either –
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all the defendants have
filed an acknowledgment of service or a defence;
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at least one defendant
has filed an acknowledgment of service or a defence, and the court gives
permission;
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the claim has been listed for a
hearing; or
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judgment has been entered in
the claim.
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The court may, on the application of
a party or of any person identified in a statement of case –
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order that a non-party may not
obtain a copy of a statement
of case under paragraph
(1);
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restrict the persons or classes
of persons who may obtain a copy of a
statement of case;
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order that persons or classes
of persons may only obtain a copy of a
statement of case if it is
edited in accordance with the directions of the court; or
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make such other order as it
thinks fit.
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A person wishing to apply for an
order under paragraph (4) must file an application notice in accordance with
Part 23.
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Where the court makes an order under
paragraph (4), a non-party who wishes to obtain a copy of the statement of
case, or to obtain an unedited copy of the statement of case, may apply on
notice to the party or person identified in the statement of case who requested
the order, for permission.
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Rule 5.4C inserted w/e
from 2 October 2006,
Rule 5.4C(1A) inserted after rule 5.4C(1) w/e from
18 December 2006. (Gives legislative effect to the provisions of a consent order made by Keith J on 5th October 2006.). |
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Supply of documents from court records –
general
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5.4D |
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A person wishing to obtain a copy of
a document under rule 5.4B or rule 5.4C must pay any prescribed fee and
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if the court’s permission
is required, file an application notice in accordance with Part 23;
or
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if permission is not required,
file a written request for the document.
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An application for an order under
rule 5.4C(4) or for permission to obtain a copy of a document under rule 5.4B or rule 5.4C (except an application for permission under rule 5.4C(6)) may be
made without notice, but the court may direct notice to be given to any person
who would be affected by its decision.
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Rules 5.4, 5.4B and 5.4C do not apply
in relation to any proceedings in respect of which a rule or practice direction
makes different provision.
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| 5.4D inserted w/e
from 2 October 2006. |
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Filing and sending documents
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5.5 |
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A practice direction may make provision for documents
to be filed or sent to the court by –
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other electronic means.
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Any such practice direction may –
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provide that only particular categories of
documents may be filed or sent to the court by such means;
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provide that particular provisions only apply in
specific courts; and
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specify the requirements that must be fulfilled
for any document filed or sent to the court by such means.
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| Rule 5.5 inserted w/e from 2 December 2002. |
