See also Practice Direction
58
Part
58
COMMERCIAL COURT
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Scope of this Part and interpretation
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58.1 |
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This Part applies to claims in the Commercial Court of
the Queen's Bench Division.
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In this Part and its practice direction,
‘commercial claim’ means any claim arising out of the transaction
of trade and commerce and includes any claim relating to –
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a business document or contract;
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the export or import of goods;
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the carriage of goods by land, sea, air or
pipeline;
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the exploitation of oil and gas reserves or other
natural resources;
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insurance and re-insurance;
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banking and financial services;
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the operation of markets and exchanges;
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the purchase and sale of commodities;
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the construction of ships;
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Specialist list
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58.2 |
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The commercial list is a specialist list for claims
proceeding in the Commercial Court.
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One of the judges of the Commercial Court shall be in
charge of the commercial list.
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Application of the Civil Procedure
Rules
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58.3 |
These Rules and their practice directions apply to
claims in the commercial list unless this Part or a practice direction provides
otherwise.
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Proceedings in the commercial list
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58.4 |
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A commercial claim may be started in the commercial
list.
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Rule
30.5 applies to claims in the
commercial list, except that a Commercial Court judge may order a claim to be
transferred to any other specialist list.
(Rule 30.5(3) provides that an application for the
transfer of proceedings to or from a specialist list must be made to a judge
dealing with claims in that list.)
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| Rule 58.4(2) amended
w/e from 6 April 2006. |
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Claim form and particulars of claim
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58.5 |
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If, in a Part 7 claim, particulars of claim are not
contained in or served with the claim form –
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the claim form must state that, if an
acknowledgment of service is filed which indicates an intention to defend the
claim, particulars of claim will follow;
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the claimant must serve particulars of claim
within 28 days of the filing of an acknowledgment of service which indicates an
intention to defend; and
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A statement of value is not required to be included in
the claim form.
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If the claimant is claiming interest, he must –
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include a statement to that effect; and
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in both the claim form and the particulars of claim.
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Acknowledgment of service
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58.6 |
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A defendant must file an acknowledgment of service in
every case.
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Unless paragraph (3) applies, the period for filing an
acknowledgment of service is 14 days after service of the claim form.
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| Text substituted in Rule 58.6(3) w/e from 1 October 2008. |
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Disputing the court's jurisdiction
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58.7 |
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Part 11 applies to claims in the commercial list with
the modifications set out in this rule.
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An application under rule 11(1) must be made within 28
days after filing an acknowledgment of service.
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If the defendant files an acknowledgment of service
indicating an intention to dispute the court's jurisdiction, the claimant need
not serve particulars of claim before the hearing of the application.
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Default judgment
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58.8 |
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If, in a Part 7 claim in the commercial list, a
defendant fails to file an acknowledgment of service, the claimant need not
serve particulars of claim before he may obtain or apply for default judgment
in accordance with Part 12.
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Rule 12.6(1) applies with the modification that
paragraph (a) shall be read as if it referred to the claim form instead of the
particulars of claim.
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Admissions
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58.9 |
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Rule 14.5 does not apply to claims in the commercial
list.
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If the defendant admits part of a claim for a specified
amount of money, the claimant may apply under rule 14.3 for judgment on the
admission.
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Rule 14.14(1) applies with the modification that
paragraph (a) shall be read as if it referred to the claim form instead of the
particulars of claim.
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Defence and Reply
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58.10 |
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Part 15 (defence and reply) applies to claims in the
commercial list with the modification to rule 15.8 that the claimant must
–
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file any reply to a defence; and
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serve it on all other parties,
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within 21 days after service of the defence.
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Rule
6.35 (in relation to the period
for filing a defence where the claim form is served out of
the jurisdiction) applies to claims in the commercial list, except that if the
particulars of claim are served after the defendant has filed an acknowledgment
of service the period for filing a defence is 28 days from service of the
particulars of claim.
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| Text substituted in Rule 58.10(2) w/e from 1 October 2008. |
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Statements of case
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58.11 |
The court may at any time before or after the issue of
the claim form order a claim in the commercial list to proceed without the
filing or service of statements of case.
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Part 8 claims
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58.12 |
Part 8 applies to claims in the commercial list, with
the modification that a defendant to a Part 8 claim who wishes to rely on
written evidence must file and serve it within 28 days after filing an
acknowledgment of service.
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Case management
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58.13 |
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All proceedings in the commercial list are treated as
being allocated to the multi-track and Part 26 does not apply.
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The following parts only of Part 29 apply –
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rule 29.3(2) (legal representative to attend case
management conferences and pre-trial reviews);
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As soon as practicable the court will hold a case
management conference which must be fixed in accordance with the practice
direction.
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At the case management conference or at any hearing at
which the parties are represented the court may give such directions for the
management of the case as it considers appropriate.
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Disclosure – ships papers
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58.14 |
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If, in proceedings relating to a marine insurance
policy, the underwriters apply for specific disclosure under rule 31.12, the
court may –
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order a party to produce all the ships papers;
and
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require that party to use his best endeavours to
obtain and disclose documents which are not or have not been in his
control.
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An order under this rule may be made at any stage of
the proceedings and on such terms, if any, as to staying the proceedings or
otherwise, as the court thinks fit.
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Judgments and orders
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58.15 |
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Except for orders made by the court on its own
initiative and unless the court orders otherwise, every judgment or order will
be drawn up by the parties, and rule 40.3 is modified accordingly.
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An application for a consent order must include a draft
of the proposed order signed on behalf of all the parties to whom it
relates.
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Rule 40.6 (consent judgments and orders) does not
apply.
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