See also Practice Direction
66
Part
66
CROWN PROCEEDINGS
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Scope of this Part and interpretation
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66.1 |
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This Part contains rules for civil
proceedings by or against the Crown, and other civil proceedings to which the
Crown is a party.
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In this Part –
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‘the Act’ means the
Crown Proceedings ActActs 1947;
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‘civil proceedings by the
Crown’ means the civil proceedings described in section 23(1) of the Act,
but excluding the proceedings described in section 23(3);
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‘civil proceedings
against the Crown’ means the civil proceedings described in section 23(2)
of the Act, but excluding the proceedings described in section
23(3);
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‘civil proceedings to
which the Crown is a party’ has the same meaning as it has for the
purposes of Parts III and IV of the Act by virtue of section
38(4).
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Application of the Civil Procedure
Rules
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66.2 |
These Rules and their practice
directions apply to civil proceedings by or against the Crown and to other
civil proceedings to which the Crown is a party unless this Part, a practice
direction or any other enactment provides otherwise.
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Action on behalf of the Crown
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66.3 |
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Where by reason of a rule, practice
direction or court order the Crown is permitted or required –
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to make a witness
statement,
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to swear an
affidavit,
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to verify a document by a
statement of truth;
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to make a disclosure statement;
or
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to discharge any other
procedural obligation,
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that function shall be performed by an
appropriate officer acting on behalf of the Crown.
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The court may if necessary nominate
an appropriate officer.
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Counterclaims, other Part 20 claims, and
set-off
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66.4 |
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In a claim by the Crown for taxes,
duties or penalties, the defendant cannot make a counterclaim or other Part 20
claim or raise a defence of set-off.
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In any other claim by the Crown, the
defendant cannot make a counterclaim or other Part 20 claim or raise a defence
of set-off which is based on a claim for repayment of taxes, duties or
penalties.
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In proceedings by or against the
Crown in the name of the Attorney-General, no counterclaim or other Part 20
claim can be made or defence of set-off raised without the permission of the
court.
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In proceedings by or against the
Crown in the name of a government department, no counterclaim or other Part 20
claim can be made or defence of set-off raised without the permission of the
court unless the subject-matter relates to that government
department.
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Applications in revenue matters
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66.5 |
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This rule sets out the procedure
under section 14 of the Act, which allows the Crown to make summary
applications in the High Court in certain revenue matters.
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The application must be made in the
High Court using the Part 8 procedure.
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The title of the claim form must
clearly identify the matters which give rise to the application.
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Enforcement against the Crown
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66.6 |
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The following rules do not apply to
any order against the Crown –
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In paragraph (1), ‘order
against the Crown’ means any judgment or order against the Crown, a
government department, or an officer of the Crown as such, made –
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in civil proceedings by or
against the Crown;
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in proceedings in the
Administrative Court;
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in connection with an
arbitration to which the Crown is a party; or
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in other civil proceedings to
which the Crown is a party.
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An application under section 25(1) of
the Act for a separate certificate of costs payable to the applicant may be
made without notice.
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Money due from the Crown
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66.7 |
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None of the following orders
–
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an order for the appointment of
a receiver under Part 69; or
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an order for the appointment of
a sequestrator under RSC Order 45,
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may be made or have effect in respect of
any money due from the Crown.
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In paragraph (1), ‘money due
from the Crown’ includes money accruing due, and money alleged to be due
or accruing due.
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An application for an order under
section 27 of the Act –
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restraining a person from
receiving money payable to him by the Crown; and
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directing payment of the money
to the applicant or another person,
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may be made under Part 23.
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The application must be supported by
written evidence setting out the facts on which it is based, and in particular
identifying the debt from the Crown.
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Where the debt from the Crown is
money in a National Savings Bank account, the witness must if possible identify
the number of the account and the name and address of the branch where it is
held.
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Notice of the application, with a
copy of the written evidence, must be served –
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on the person to be
restrained,
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at least 7 days before the
hearing.
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Rule 72.8 applies to an application
under this rule as it applies to an application under rule 72.2 for a third
party debt order, except that the court will not have the power to order
enforcement to issue against the Crown.
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