See also Practice Direction
59
Part
59
MERCANTILE COURTS
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Scope of this Part and interpretation
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59.1 |
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This Part applies to claims in Mercantile
Courts.
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A claim may only be started in a Mercantile Court if
it –
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relates to a commercial or business matter in a
broad sense; and
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is not required to proceed in the Chancery
Division or in another specialist list.
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In this Part and its practice direction –
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‘Mercantile Court’
means a specialist list established within the courts listed in the Practice
Direction;
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‘mercantile claim’ means a claim
proceeding in a Mercantile Court; and
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‘Mercantile judge’ means a judge
authorised to sit in a Mercantile Court.
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| New text substituted for Rule
59.1(3)(a) w/e from
2 October 2006. |
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Application of the Civil Procedure
Rules
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59.2 |
These Rules and their practice directions apply to
mercantile claims unless this Part or a practice direction provides
otherwise.
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Transfer of proceedings
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59.3 |
Rule
30.5 applies with the
modifications that –
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a Mercantile judge may transfer a mercantile
claim to another Mercantile Court; and
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a Commercial Court judge may transfer a claim
from the Commercial Court to a Mercantile Court.
(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 59.3 amended
w/e from 6 April 2006. |
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Claim form and particulars of claim
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59.4 |
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If 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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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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59.5 |
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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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Disputing the court's jurisdiction
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59.6 |
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Part 11 applies to mercantile claims 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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59.7 |
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Part 12 applies to mercantile claims, except that rules
12.10 and 12.11 apply as modified by paragraphs (2) and (3) of this
rule.
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If, in a Part 7 claim –
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the claim form has been served but no particulars
of claim have been served; and
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the defendant has failed to file an
acknowledgment of service,
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the claimant must make an application if he wishes to
obtain a default judgment.
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The application may be made without notice, but the
court may direct it to be served on the defendant.
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Admissions
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59.8 |
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Rule 14.5 does not apply to mercantile claims.
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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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Defence and Reply
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59.9 |
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Part 15 (Defence and Reply) applies to mercantile
claims 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 mercantile claims, 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 59.5(3), Rule 59.9(2) w/e from 1 October 2008. |
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Statements of case
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59.10 |
The court may at any time before or after issue of the
claim form order a mercantile claim to proceed without the filing or service of
statements of case.
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Case management
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59.11 |
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All mercantile claims 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) (appropriate legal representative to
attend case management conferences and pre-trial reviews); and
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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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Judgments and orders
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59.12 |
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Except for orders made by the court of its own
initiative and unless the court otherwise orders 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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