Statutory Instrument 2001 No. 4015 (L.32)

The Civil Procedure (Amendment No. 5) Rules 2001

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© Crown Copyright 2001

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(a) for the purposes of rules 2, 37, 38 and 40, and this rule, on 14th January 2002;

(b) for the purposes of rules 4 to 6, 9, 10, 13, 14, 18, 35 and 41, on 1st March 2002; and

(c) for all other purposes, on 25th March 2002.

     2. In these Rules - 

(a) a reference to a Part or rule by number alone means the Part or rule so numbered in the Civil Procedure Rules 1998[2];

(b) a reference to an Order by number and prefixed by "RSC" means the RSC Order so numbered in Schedule 1 to those Rules; and

(c) a reference to an Order by number and prefixed by "CCR" means the CCR Order so numbered in Schedule 2 to those Rules.

Amendments to the Civil Procedure Rules 1998
     3. In rule 2.3, in paragraph (2), for "relevant" substitute "rule or".

     4. In rule 6.18 - 

(a) for sub-paragraph (g), substitute - 


" (g) "domicile" is to be determined - 


(i) in relation to a Convention territory, in accordance with sections 41 to 46 of the 1982 Act;

(ii) in relation to a Regulation State, in accordance with the Judgments Regulation and paragraphs 9 to 12 of Schedule 1 to the Civil Jurisdiction and Judgments Order 2001;";



(b) at the end of sub-paragraph (h), delete "and"; and

(c) after sub-paragraph (i), insert - 



" (j) "the Judgments Regulation" means Council Regulation (EC) No. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters; and

(k) "Regulation State" in any provision, in the application of that provision in relation to the Regulation, has the same meaning as "Member State" in the Judgments Regulation, that is all Member States except Denmark.".

     5. In rule 6.19(1)(a), for "any part of the United Kingdom", substitute "any other part of the United Kingdom".

     6. After rule 6.19(1) insert - 

    " (1A) A claim form may be served on a defendant out of the jurisdiction where each claim included in the claim form made against the defendant to be served is a claim which the court has power to determine under the Judgments Regulation and - 


(a) no proceedings between the parties concerning the same claim are pending in the courts of any other part of the United Kingdom or any other Regulation State; and

(b)


(i) the defendant is domiciled in the United Kingdom or in any Regulation State;

(ii) Article 22 of the Judgments Regulation refers to the proceedings; or

(iii) the defendant is a party to an agreement conferring jurisdiction to which Article 23 of the Judgments Regulation refers.".

     7. In rule 6.20 - 

(a) omit the cross-reference after paragraph (15); and

(b) after the cross-reference after paragraph (17), insert - 

" Admiralty claims


    (17A) a claim is - 


(a) in the nature of salvage and any part of the services took place within the jurisdiction; or

(b) to enforce a claim under section 153, 154 or 175 of the Merchant Shipping Act 1995^Acts[3].".

     8. In rule 6.21, after paragraph (4), insert - 

" (The second practice direction to this Part sets out how the periods referred to in paragraphs (a), (b) and (c) are calculated.)".

     9. In rule 6.22 - 

(a) in paragraph (2) - 


(i) after "6.19(1)" insert "or (1A)"; and

(ii) after "Contracting State" insert "or Regulation State"; and



(b) in paragraph (4), after "6.19(1)" insert "or (1A)".

     10. In rule 6.23 - 

(a) in paragraph (2) - 


(i) after "6.19(1)" insert "or (1A)"; and

(ii) after "Contracting State" insert "or Regulation State"; and



(b) in paragraph (4), after "6.19(1)" insert "or (1A)".

     11. In rule 8.3, omit paragraph (4).

     12. In Part 11 - 

(a) in rule 11(4), for paragraph (a), substitute - 


" (a) be made within 14 days after filing an acknowledgment of service; and";



(b) after rule 11(4), omit the cross-reference;

(c) in rule 11(5), for "for filing a defence" substitute "specified in paragraph (4)";

(d) for rule 11(9) substitute - 

    " (9) If a defendant makes an application under this rule, he must file and serve his written evidence in support with the application notice, but he need not before the hearing of the application file - 


(a) in a Part 7 claim, a defence; or

(b) in a Part 8 claim, any other written evidence."; and



(e) omit rule 11(10).

     13. In rule 12.10 - 

(a) in paragraph (b)(i) - 


(i) after "6.19(1)" insert "or (1A)"; and

(ii) omit "under the Civil Jurisdiction and Judgments Act 1982^Acts[4]"; and



(b) in paragraph (b)(ii), after "Convention territory" insert "or Regulation State".

     14. In rule 12.11 - 

(a) in paragraph (4), for sub-paragraph (a) substitute - 


" (a) the claim under the Civil Jurisdiction and Judgments Act 1982^Acts or the Judgments Regulation, was served in accordance with rules 6.19(1) or 6.19(1A) as appropriate;"; and



(b) in paragraph (6) - 



(i) for sub-paragraph (a) substitute - 


" (a) "domicile" is to be determined - 


(i) in relation to a Convention territory, in accordance with sections 41 to 46 of the Civil Jurisdiction and Judgments Act 1982^Acts;

(ii) in relation to a Regulation State, in accordance with the Judgments Regulation and paragraphs 9 to 12 of Schedule 1 to the Civil Jurisdiction and Judgments Order 2001;";



(ii) at the end of sub-paragraph (c), delete "and"; and

(iii) after sub-paragraph (d), insert - 



" (e) "the Judgments Regulation" means Council Regulation (EC) No. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters; and

(f) "Regulation State" has the same meaning as "Member State" in the Judgments Regulation, that is all Member States except Denmark."

.

     15. In rule 20.6 - 

(a) at the beginning, insert "(1)";

(b) after paragraph (1), insert - 

    " (2) A defendant may file and serve a notice under this rule - 


(a) without the court's permission, if he files and serves it - 


(i) with his defence; or

(ii) if his claim for contribution or indemnity is against a defendant added to the claim later, within 28 days after that defendant files his defence; or



(b) at any other time with the court's permission.".

     16. In rule 22.1, in paragraph (1) - 

(a) at the end of sub-paragraph (d), delete "and"; and

(b) at the end of sub-paragraph (e), insert - 

" ; and
(f) any other document where a rule or practice direction requires.".

     17. In rule 25.10, in sub-paragraph (a), after "interim injunction^(gl)", insert "other than a freezing injunction".

     18. In rule 25.13(2), in sub-paragraphs (a)(ii) and (b)(ii), after "Lugano Convention" insert "or the Regulation".

     19. In rule 26.3, after paragraph (6), insert - 

    " (6A) The date for filing the completed allocation questionnaire may not be varied by agreement between the parties.".

     20. In rule 31.14 - 

(a) at the beginning, insert "(l)";

(b) at the end of sub-paragraph (c), insert "or";

(c) at the end of sub-paragraph (d), for "; or" substitute ".";

(d) omit sub-paragraph (e); and

(e) after paragraph (l), but before the cross-reference, insert - 

    " (2) Subject to rule 35.10(4), a party may apply for an order for inspection of any document mentioned in an expert's report which has not already been disclosed in the proceedings.".

     21. In rule 35.12, in paragraph (1), for sub-paragraphs (a) and (b) substitute - 

" (a) identify and discuss the expert issues in the proceedings; and

(b) where possible, reach an agreed opinion on those issues.".

     22. In rule 35.14 - 

(a) for paragraph (2) substitute - 

    " (2) An expert must, unless the court orders otherwise, provide a copy of any proposed request for directions under paragraph (1) - 


(a) to the party instructing him, at least 7 days before he files the request; and

(b) to all other parties, at least 4 days before he files it."; and



(b) in paragraph (3) - 



(i) after "served with" insert "a copy of the directions."; and

(ii) omit sub-paragraphs (a) and (b).

     23. After rule 37.4, insert - 

" Payment into court under enactments
     37.5 A practice direction may set out special provisions with regard to payments into court under various enactments.".

     24. In rule 44.13, for paragraph 1 substitute - 

    " (1) Where the court makes an order which does not mention costs - 


(a) the general rule is that no party is entitled to costs in relation to that order; but

(b) this does not affect any entitlement of a party to recover costs out of a fund held by him as trustee or personal representative, or pursuant to any lease, mortgage or other security.".

     25. In rule 45.1 - 

(a) in paragraph (2)(a), after "sum of money", insert "where the value of the claim exceeds £25";

(b) at the end of paragraph (2)(b), insert "and the value of the claim exceeds £25; or"; and

(c) after paragraph (2)(b) - 


(i) omit "and in either case the value of the claim exceeds £25."; and

(ii) insert - 


" (c) a judgment creditor has taken steps under Parts 70 to 73 to enforce a judgment or order."

.

     26. After rule 45.5, insert rule 45.6, as set out in Schedule 1 to these Rules.

     27. In rule 48.4, for paragraphs (2) and (3) substitute - 

    " (2) The general rule is that he is entitled to be paid the costs of those proceedings, insofar as they are not recovered from or paid by any other person, out of the relevant trust fund or estate.

    (3) Where he is entitled to be paid any of those costs out of the fund or estate, those costs will be assessed on the indemnity basis.".

     28. In Part 49, in paragraph (2), omit sub-paragraphs (a), (b), (c) and (e).

     29. After Part 57, insert - 

(a) Part 58 (Commercial Court) as set out in Schedule 2 to these Rules;

(b) Part 59 (Mercantile Courts) as set out in Schedule 3;

(c) Part 60 (Technology and Construction Court claims) as set out in Schedule 4;

(d) Part 61 (Admiralty claims) as set out in Schedule 5; and

(e) Part 62 (Arbitration claims) as set out in Schedule 6.

     30. In rule 70.5 - 

(a) in the note after paragraph (2), at the end insert - 


     " ;


(v) judgments to which Council Regulation (EC) No. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters applies"; and



(b) in paragraph (8), for "Value Added Tax tribunal" substitute "VAT and duties tribunal".

     31. In rule 71.8, in paragraph (4)(b), for "attend court at that time and place" substitute "comply with any term on which the committal order is suspended".

     32. In rule 72.1, in paragraph (2), for "which is a deposit-taking business for the purposes of the Banking Act 1987^Acts", substitute "in the course of which he lawfully accepts deposits in the United Kingdom".

     33. In rule 72.6, in paragraph (2)(c) - 

(a) at the end of sub-paragraph (i) omit "and"; and

(b) after sub-paragraph (ii) insert - 


     " ; and


(iii) whether the bank or building society asserts any right to the money in the account, whether pursuant to a right of set-off or otherwise, and if so giving details of the grounds for that assertion.".

     34. In RSC Order 62, in Part III of Appendix 3, omit paragraphs 3 and 4.

     35. In RSC Order 71 - 

(a) in rule 32(2), after "6.25" insert ", 6.26";

(b) for rule 33, substitute - 

     " Rule 33.  - (1) An appeal under Article 37 or Article 40 of Schedule 1 or 3C to the Act of 1982 must be made in accordance with CPR Part 52, except that - 


(a) permission is not required; and

(b) the appellant's notice must be served - 


(i) in the case of an appeal under Article 37 of Schedule 1 or 3C to the Act of 1982, within one month of service of notice of registration of the judgment, or two months of service of such notice where that notice was served on a party not domiciled within the jurisdiction;

(ii) in the case of an appeal under Article 40 of Schedule 1 or 3C to the Act of 1982, within one month of the determination of the application under rule 27.



    (2) If - 



(a) the party against whom judgment was given is not domiciled in a Convention territory, and

(b) an application to extend the time for appealing is made within two months of service of notice of registration,



the court may extend the period within which an appeal may be made against the order for registration, except on the grounds of distance.";

(c) in rule 36, in paragraph (2)(b), for the words from "any document" to the end, substitute - 


     " any document showing that for these proceedings the applicant is an assisted person or an LSC funded client, as defined in CPR rule 43.2(1)(h) and (i)"; and



(d) after Part IV, insert Part V as set out in Schedule 7 to these Rules.

     36. RSC Order 74 is revoked.

     37. In RSC Order 92, omit rule 3A.

     38. In RSC Order 93 - 

(a) in rule 22 - 


(i) in the heading and in paragraph (1), for "the Financial Services Act 1986^Acts" substitute "the Financial Services and Markets Act 2000[5]";

(ii) in paragraph (3), for "the Secretary of State or a designated agency under section 72" substitute "the Financial Services Authority under section 367";

(iii) for paragraph (4) substitute - 

    " (4) Where there is a question of the construction of any rule or other instrument made by or with the approval or consent of the Financial Services Authority under the Act, that Authority may make representations to the court."; and

(b) omit rule 23.

     39. In CCR Order 28 - 

(a) after rule 1(2), insert - 

    " (3) The judgment creditor must file with the request all written evidence on which he intends to rely.";

(b) in rule 2 - 


(i) for paragraph (3)(b), substitute - 


" (b) it is made under section 110(2) of the Act."; and


(ii) for paragraph (4), substitute - 

    " (4) The written evidence on which the judgment creditor intends to rely must be served with the judgment summons."

;

(c) in rule 3(1), for "A judgment summons shall", substitute "The judgment summons and written evidence must";

(d) after rule 4(1), insert - 

    " (1A) An order made under section 110(1) of the Act must be served personally on the judgment debtor.

    (1B) Copies of - 


(a) the judgment summons; and

(b) the written evidence,



must be served with the order.";

(e) for rule 5, substitute - 

" Evidence
     5.  - (1) No person may be committed on an application for a judgment summons unless - 


(a) the order is made under section 110(2) of the Act; or

(b) the judgment creditor proves that the debtor - 


(i) has or has had since the date of the judgment or order the means to pay the sum in respect of which he has made default; and

(ii) has refused or neglected or refuses or neglects to pay that sum.



    (2) The debtor may not be compelled to give evidence."; and

(f) omit rule 10(3).

     40. In CCR Order 34, in paragraph (a) of rule 1 - 

(a) for "section 14 or 92" substitute "section 14, 92 or 118"; and

(b) after "seized in execution," insert "or by wilfully insulting a judge, juror, witness or any officer of the court,".

     41. In CCR Order 35 - 

(a) in rule 3, in paragraph (2)(b), for the words from "any document" to the end, substitute - 


     " any document showing that for these proceedings the applicant is an assisted person or an LSC funded client, as defined in CPR rule 43.2(1)(h) and (i);"; and



(b) after rule 3, insert - 

" Application under Article 54 of the Council Regulation (EC) No. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters
     3A.  - (1) An application to the court by an interested party for a certificate under Article 54 of Council Regulation (EC) No. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters must be made - 


(a) without notice being served on any other party; and

(b) on witness statement or affidavit.



    (2) A witness statement or affidavit under paragraph (1)(b) must - 



(a) give particulars of the proceedings in which the judgment was obtained;

(b) contain evidence of service of the claim form by which the proceedings were begun where judgment was given in default of appearance by the defendant; and

(c) where appropriate, include any document showing that for these proceedings the applicant is an assisted person or an LSC funded client, as defined in CPR rule 43.2(1)(h) and (i).



    (3) A sealed copy of the judgment shall be issued together with a sealed certificate, in the form of Annex V to the Council Regulation, signed by the district judge.".

     42. In CCR Order 38, in Appendix B - 

(a) in Part I - 


(i) in the heading, omit ", APPLICATIONS TO ENFORCE AN AWARD"; and

(ii) in paragraph 1, omit sub-paragraph (e);



(b) in Part II, for paragraph (d)(ii) in column 1 of the Table, substitute - 



" (ii) possession of land, where one of the grounds for possession is arrears of rent (whether or not the order for possession is suspended on terms) and the defendant has neither delivered a defence, admission or counterclaim, nor otherwise denied liability"; and



(c) in Part III, in the Table, omit items 7, 8 and 11.

Transitional provisions and Savings
     43.  - (1) Where proceedings for the possession of land are issued before 25th March 2002, rule 42(b) shall not apply, and CCR Order 38 shall apply as if it had not been amended.

    (2) Where on or after 25th March 2002 fixed costs are to be awarded in enforcement proceedings which, pursuant to rule 24 of the Civil Procedure (Amendment No. 4) Rules 2001[6], continue to be governed by rules in Schedule 1 or Schedule 2 to the Civil Procedure Rules 1998 rather than rules in Parts 70 to 73, the rules governing enforcement costs in force immediately before 25th March 2002 shall continue to apply as if they had not been revoked.


Phillips of Worth Matravers,
M.R.

Andrew Morritt,
V-C.

Anthony May,
L.J.

Richard Holman

Carlos Dabezies

John Leslie

Michael Black

Michelle Stevens-Hoare

Philip Rainey

Tim Parker

Juliet Herzog

Alan Street

Ahmad Butt


I allow these Rules


Irvine of Lairg,
C.

Dated 13th December 2001

(a) a business document or contract;

(b) the export or import of goods;

(c) the carriage of goods by land, sea, air or pipeline;

(d) the exploitation of oil and gas reserves or other natural resources;

(e) insurance and re-insurance;

(f) banking and financial services;

(g) the operation of markets and exchanges;

(h) the purchase and sale of commodities;

(i) the construction of ships;

(j) business agency; and

(k) arbitration.

Specialist list
     58.2  - (1) The commercial list is a specialist list for claims proceeding in the Commercial Court.

    (2) One of the judges of the Commercial Court shall be in charge of the commercial list.

Application of the Civil Procedure Rules
     58.3 These Rules and their practice directions apply to claims in the commercial list unless this Part or a practice direction provides otherwise.

Proceedings in the commercial list
     58.4  - (1) A commercial claim may be started in the commercial list.

    (2) Rule 30.5(3) 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)

Claim form and particulars of claim
     58.5  - (1) If, in a Part 7 claim, particulars of claim are not contained in or served with the claim form - 

(a) 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;

(b) when the claim form is served, it must be accompanied by the documents specified in rule 7.8(1);

(c) 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

(d) rule 7.4(2) does not apply.

    (2) A statement of value is not required to be included in the claim form.

    (3) If the claimant is claiming interest, he must - 

(a) include a statement to that effect; and

(b) give the details set out in rule 16.4(2),

in both the claim form and the particulars of claim.

Acknowledgment of service
     58.6  - (1) A defendant must file an acknowledgment of service in every case.

    (2) Unless paragraph (3) applies, the period for filing an acknowledgment of service is 14 days after service of the claim form.

    (3) Where the claim form is served out of the jurisdiction, or on the agent of a defendant who is overseas, the time periods provided by rules 6.16(4), 6.21(4) and 6.22 apply after service of the claim form.

Disputing the court's jurisdiction
     58.7  - (1) Part 11 applies to claims in the commercial list with the modifications set out in this rule.

    (2) An application under rule 11(1) must be made within 28 days after filing an acknowledgment of service.

    (3) 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.

Default judgment
     58.8  - (1) 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.

    (2) 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.

Admissions
     58.9  - (1) Rule 14.5 does not apply to claims in the commercial list.

    (2) 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.

    (3) 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.

Defence and Reply
     58.10  - (1) Part 15 (defence and reply) applies to claims in the commercial list with the modification to rule 15.8 that the claimant must - 

(a) file any reply to a defence; and

(b) serve it on all other parties,

within 21 days after service of the defence.

    (2) Rule 6.23 (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.

Statements of case
     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.

Part 8 claims
     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.

Case management
     58.13  - (1) All proceedings in the commercial list are treated as being allocated to the multi-track and Part 26 does not apply.

    (2) The following parts only of Part 29 apply - 

(a) rule 29.3(2) (legal representative to attend case management conferences and pre-trial reviews);

(b) rule 29.5 (variation of case management timetable) with the exception of rule 29.5(1)(c).

    (3) As soon as practicable the court will hold a case management conference which must be fixed in accordance with the practice direction.

    (4) 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.

Disclosure - ships papers
     58.14  - (1) If, in proceedings relating to a marine insurance policy, the underwriters apply for specific disclosure under rule 31.12, the court may - 

(a) order a party to produce all the ships papers; and

(b) require that party to use his best endeavours to obtain and disclose documents which are not or have not been in his control.

    (2) 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.

Judgments and orders
     58.15  - (1) 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.

    (2) 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.

    (3) Rule 40.6 (consent judgments and orders) does not apply.

(a) relates to a commercial or business matter in a broad sense; and

(b) is not required to proceed in the Chancery Division or in another specialist list.

    (3) In this Part and its practice direction - 

(a) "Mercantile Court" means a specialist list established within - 


(i) the district registries listed in the practice direction; and

(ii) the Central London County Court,



to hear mercantile claims;

(b) "mercantile claim" means a claim proceeding in a Mercantile Court; and

(c) "Mercantile judge" means a judge authorised to sit in a Mercantile Court.

Application of the Civil Procedure Rules
     59.2 These Rules and their practice directions apply to mercantile claims unless this Part or a practice direction provides otherwise.

Transfer of proceedings
     59.3 Rule 30.5(3) applies with the modifications that - 

(a) a Mercantile judge may transfer a mercantile claim to another Mercantile Court; and

(b) 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)

Claim form and particulars of claim
     59.4  - (1) If particulars of claim are not contained in or served with the claim form - 

(a) 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;

(b) when the claim form is served, it must be accompanied by the documents specified in rule 7.8(1);

(c) 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

(d) rule 7.4(2) does not apply.

    (2) If the claimant is claiming interest, he must - 

(a) include a statement to that effect; and

(b) give the details set out in rule 16.4(2),

in both the claim form and the particulars of claim.

    (3) Rules 12.6(1)(a) and 14.14(a) apply with the modification that references to the particulars of claim shall be read as if they referred to the claim form.

Acknowledgment of service
     59.5  - (1) A defendant must file an acknowledgment of service in every case.

    (2) Unless paragraph (3) applies, the period for filing an acknowledgment of service is 14 days after service of the claim form.

    (3) Where the claim form is served out of the jurisdiction, or on the agent of a defendant who is overseas, the time periods provided by rules 6.16(4), 6.21(4) and 6.22 apply after service of the claim form.

Disputing the court's jurisdiction
     59.6  - (1) Part 11 applies to mercantile claims with the modifications set out in this rule.

    (2) An application under rule 11(1) must be made within 28 days after filing an acknowledgment of service.

    (3) 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.

Default judgment
     59.7  - (1) 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.

    (2) If, in a Part 7 claim - 

(a) the claim form has been served but no particulars of claim have been served; and

(b) the defendant has failed to file an acknowledgment of service,

the claimant must make an application if he wishes to obtain a default judgment.

    (3) The application may be made without notice, but the court may direct it to be served on the defendant.

Admissions
     59.8  - (1) Rule 14.5 does not apply to mercantile claims.

    (2) 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.

Defence and Reply
     59.9  - (1) Part 15 (Defence and Reply) applies to mercantile claims with the modification to rule 15.8 that the claimant must - 

(a) file any reply to a defence; and

(b) serve it on all other parties,

within 21 days after service of the defence.

    (2) Rule 6.23 (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.

Statements of case
     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.

Case management
     59.11  - (1) All mercantile claims are treated as being allocated to the multi-track, and Part 26 does not apply.

    (2) The following parts only of Part 29 apply - 

(a) rule 29.3(2) (appropriate legal representative to attend case management conferences and pre-trial reviews); and

(b) rule 29.5 (variation of case management timetable) with the exception of rule 29.5(1)(c).

    (3) As soon as practicable the court will hold a case management conference which must be fixed in accordance with the practice direction.

    (4) 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.

Judgments and orders
     59.12  - (1) 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.

    (2) 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.

    (3) Rule 40.6 (consent judgments and orders) does not apply.

(a) "TCC claim" means a claim which - 


(i) satisfies the requirements of paragraph (3); and

(ii) has been issued in or transferred into the specialist list for such claims;



(b) "Technology and Construction Court" means any court in which TCC claims are dealt with in accordance with this Part or its practice direction; and

(c) "TCC judge" means any judge authorised to hear TCC claims.

    (3) A claim may be brought as a TCC claim if - 

(a) it involves issues or questions which are technically complex; or

(b) a trial by a TCC judge is desirable.

(The practice direction gives examples of types of claims which it may be appropriate to bring as TCC claims.)

    (4) TCC claims include all official referees' business referred to in section 68(1)(a) of the Supreme Court Act 1981^Acts[7].

    (5) TCC claims will be dealt with - 

(a) in a Technology and Construction Court; and

(b) by a TCC judge, unless - 


(i) this Part or its practice direction permits otherwise; or

(ii) a TCC judge directs otherwise.

Specialist list
     60.2  - (1) TCC claims form a specialist list.

    (2) A judge will be appointed to be the judge in charge of the TCC specialist list.

Application of the Civil Procedure Rules
     60.3 These Rules and their practice directions apply to TCC claims unless this Part or a practice direction provides otherwise.

Issuing a TCC claim
     60.4 A TCC claim must be issued in - 

(a) the High Court in London;

(b) a district registry of the High Court; or

(c) a county court specified in the practice direction.

Reply
     60.5 Part 15 (Defence and Reply) applies to TCC claims with the modification to rule 15.8 that the claimant must - 

(a) file any reply to a defence; and

(b) serve it on all other parties,

within 21 days after service of the defence.

Case management
     60.6  - (1) All TCC claims are treated as being allocated to the multi-track and Part 26 does not apply.

    (2) Part 29 and its practice direction apply to the case management of TCC claims, except where they are varied by or inconsistent with the practice direction to this Part.

(a) "admiralty claim" means a claim within the Admiralty jurisdiction of the High Court as set out in section 20 of the Supreme Court Act 1981^Acts[8];

(b) "the Admiralty Court" means the Admiralty Court of the Queen's Bench Division of the High Court of Justice;

(c) "claim in rem" means a claim in an admiralty action in rem;

(d) "collision claim" means a claim within section 20(3)(b) of the Supreme Court Act 1981^Acts;

(e) "limitation claim" means a claim under the Merchant Shipping Act 1995^Acts[9] for the limitation of liability in connection with a ship or other property;

(f) "salvage claim" means a claim - 


(i) for or in the nature of salvage;

(ii) for special compensation under Article 14 of Schedule 11 to the Merchant Shipping Act 1995^Acts;

(iii) for the apportionment of salvage; and

(iv) arising out of or connected with any contract for salvage services;



(g) "caution against arrest" means a caution entered in the Register under rule 61.7;

(h) "caution against release" means a caution entered in the Register under rule 61.8;

(i) "the Register" means the Register of cautions against arrest and release which is open to inspection as provided by the practice direction;

(j) "the Marshal" means the Admiralty Marshal;

(k) "ship" includes any vessel used in navigation; and

(l) "the Registrar" means the Queen's Bench Master with responsibility for Admiralty claims.

    (3) Part 58 (Commercial Court) applies to claims in the Admiralty Court except where this Part provides otherwise.

    (4) The Registrar has all the powers of the Admiralty judge except where a rule or practice direction provides otherwise.

Admiralty claims
     61.2  - (1) The following claims must be started in the Admiralty Court - 

(a) a claim - 


(i) in rem;

(ii) for damage done by a ship;

(iii) concerning the ownership of a ship;

(iv) under the Merchant Shipping Act 1995^Acts;

(v) for loss of life or personal injury specified in section 20(2)(f) of the Supreme Court Act 1981^Acts;

(vi) by a master or member of a crew for wages;

(vii) in the nature of towage; or

(viii) in the nature of pilotage;



(b) a collision claim;

(c) a limitation claim; or

(d) a salvage claim.

    (2) Any other admiralty claim may be started in the Admiralty Court.

    (3) Rule 30.5(3) applies to claims in the Admiralty Court except that the Admiralty Court may order the transfer of a claim to - 

(a) the Commercial list;

(b) a Mercantile Court;

(c) the Mercantile list at the Central London County Court; or

(d) any other appropriate court.

Claims in rem
     61.3  - (1) This rule applies to claims in rem.

    (2) A claim in rem is started by the issue of an in rem claim form as set out in the practice direction.

    (3) Subject to rule 61.4, the particulars of claim must - 

(a) be contained in or served with the claim form; or

(b) be served on the defendant by the claimant within 75 days after service of the claim form.

    (4) An acknowledgment of service must be filed within 14 days after service of the claim form.

    (5) The claim form must be served - 

(a) in accordance with the practice direction; and

(b) within 12 months after the date of issue and rules 7.5 and 7.6 are modified accordingly.

    (6) If a claim form has been issued (whether served or not), any person who wishes to defend the claim may file an acknowledgment of service.

Special provisions relating to collision claims
     61.4  - (1) This rule applies to collision claims.

    (2) A claim form need not contain or be followed by particulars of claim and rule 7.4 does not apply.

    (3) An acknowledgment of service must be filed.

    (4) A party who wishes to dispute the court's jurisdiction must make an application under Part 11 within 2 months after filing his acknowledgment of service.

    (5) Every party must - 

(a) within 2 months after the defendant files the acknowledgment of service; or

(b) where the defendant applies under Part 11, within 2 months after the defendant files the further acknowledgment of service,

file at the court a completed collision statement of case in the form specified in the practice direction.

    (6) A collision statement of case must be - 

(a) in the form set out in the practice direction; and

(b) verified by a statement of truth.

    (7) A claim form in a collision claim may not be served out of the jurisdiction unless - 

(a) the case falls within section 22(2)(a), (b) or (c) of the Supreme Court Act 1981^Acts[10]; or

(b) the defendant has submitted to or agreed to submit to the jurisdiction; andthe court gives permission in accordance with Section III of Part 6.

    (8) Where permission to serve a claim form out of the jurisdiction is given, the court will specify the period within which the defendant may file an acknowledgment of service and, where appropriate, a collision statement of case.

    (9) Where, in a collision claim in rem ("the original claim") - 

(a)


(i) a Part 20 claim; or

(ii) a cross claim in rem



arising out of the same collision or occurrence is made; and

(b)



(i) the party bringing the original claim has caused the arrest of a ship or has obtained security in order to prevent such arrest; and

(ii) the party bringing the Part 20 claim or cross claim is unable to arrest a ship or otherwise obtain security,



the party bringing the Part 20 claim or cross claim may apply to the court to stay the original claim until sufficient security is given to satisfy any judgment that may be given in favour of that party.

    (10) The consequences set out in paragraph (11) apply where a party to a claim to establish liability for a collision claim (other than a claim for loss of life or personal injury) - 

(a) makes an offer to settle in the form set out in paragraph (12) not less than 21 days before the start of the trial;

(b) that offer is not accepted; and

(c) the maker of the offer obtains at trial an apportionment equal to or more favourable than his offer.

    (11) Where paragraph (10) applies the parties will, unless the court considers it unjust, be entitled to the following costs - 

(a) the maker of the offer will be entitled to - 


(i) all his costs from 21 days after the offer was made; and

(ii) his costs before then in the percentage to which he would have been entitled had the offer been accepted; and



(b) all other parties to whom the offer was made - 



(i) will be entitled to their costs up to 21 days after the offer was made in the percentage to which they would have been entitled had the offer been accepted; but

(ii) will not be entitled to their costs thereafter.

    (12) An offer under paragraph (10) must be in writing and must contain - 

(a) an offer to settle liability at stated percentages;

(b) an offer to pay costs in accordance with the same percentages;

(c) a term that the offer remain open for 21 days after the date it is made; and

(d) a term that, unless the court orders otherwise, on expiry of that period the offer remains open on the same terms except that the offeree should pay all the costs from that date until acceptance.

Arrest
     61.5  - (1) In a claim in rem - 

(a) a claimant; and

(b) a judgment creditor

may apply to have the property proceeded against arrested.

    (2) The practice direction sets out the procedure for applying for arrest.

    (3) A party making an application for arrest must - 

(a) request a search to be made in the Register before the warrant is issued to determine whether there is a caution against arrest in force with respect to that property; and

(b) file a declaration in the form set out in the practice direction.

    (4) A warrant of arrest may not be issued as of right in the case of property in respect of which the beneficial ownership, as a result of a sale or disposal by any court in any jurisdiction exercising admiralty jurisdiction in rem, has changed since the claim form was issued.

    (5) A warrant of arrest may not be issued against a ship owned by a State where by any convention or treaty, the United Kingdom has undertaken to minimise the possibility of arrest of ships of that State until - 

(a) notice in the form set out in the practice direction has been served on a consular officer at the consular office of that State in London or the port at which it is intended to arrest the ship; and

(b) a copy of that notice is attached to any declaration under paragraph (3)(b).

    (6) Except - 

(a) with the permission of the court; or

(b) where notice has been given under paragraph (5),

a warrant of arrest may not be issued in a claim in rem against a foreign ship belonging to a port of a State in respect of which an order in council has been made under section 4 of the Consular Relations Act 1968[11], until the expiration of 2 weeks from appropriate notice to the consul.

    (7) A warrant of arrest is valid for 12 months but may only be executed if the claim form - 

(a) has been served; or

(b) remains valid for service at the date of execution.

    (8) Property may only be arrested by the Marshal or his substitute.

    (9) Property under arrest - 

(a) may not be moved unless the court orders otherwise; and

(b) may be immobilised or prevented from sailing in such manner as the Marshal may consider appropriate.

    (10) Where an in rem claim form has been issued and security sought, any person who has filed an acknowledgment of service may apply for an order specifying the amount and form of security to be provided.

Security in claim in rem
     61.6  - (1) This rule applies if, in a claim in rem, security has been given to - 

(a) obtain the release of property under arrest; or

(b) prevent the arrest of property.

    (2) The court may order that the - 

(a) amount of security be reduced and may stay the claim until the order is complied with; or

(b) claimant may arrest or re-arrest the property proceeded against to obtain further security.

    (3) The court may not make an order under paragraph (2)(b) if the total security to be provided would exceed the value of the property at the time - 

(a) of the original arrest; or

(b) security was first given (if the property was not arrested).

Cautions against arrest
     61.7  - (1) Any person may file a request for a caution against arrest.

    (2) When a request under paragraph (1) is filed the court will enter the caution in the Register if the request is in the form set out in the practice direction and - 

(a) the person filing the request undertakes - 


(i) to file an acknowledgment of service; and

(ii) to give sufficient security to satisfy the claim with interest and costs; or



(b) where the person filing the request has constituted a limitation fund in accordance with Article 11 of the Convention on Limitation of Liability for Maritime Claims 1976[12] he - 



(i) states that such a fund has been constituted; and

(ii) undertakes that the claimant will acknowledge service of the claim form by which any claim may be begun against the property described in the request.

    (3) A caution against arrest - 

(a) is valid for 12 months after the date it is entered in the Register; but

(b) may be renewed for a further 12 months by filing a further request.

    (4) Paragraphs (1) and (2) apply to a further request under paragraph (3)(b).

    (5) Property may be arrested if a caution against arrest has been entered in the Register but the court may order that - 

(a) the arrest be discharged; and

(b) the party procuring the arrest pays compensation to the owner of or other persons interested in the arrested property.

Release and cautions against release
     61.8  - (1) Where property is under arrest - 

(a) an in rem claim form may be served upon it; and

(b) it may be arrested by any other person claiming to have an in rem claim against it.

    (2) Any person who - 

(a) claims to have an in rem right against any property under arrest; and

(b) wishes to be given notice of any application in respect of that property or its proceeds of sale,

may file a request for a caution against release in the form set out in the practice direction.

    (3) When a request under paragraph (2) is filed, a caution against release will be entered in the Register.

    (4) Property will be released from arrest if - 

(a) it is sold by the court;

(b) the court orders release on an application made by any party;

(c)


(i) the arresting party; and

(ii) all persons who have entered cautions against release



file a request for release in the form set out in the practice direction; or

(d) any party files - 



(i) a request for release in the form set out in the practice direction (containing an undertaking); and

(ii) consents to the release of the arresting party and all persons who have entered cautions against release.

    (5) Where the release of any property is delayed by the entry of a caution against release under this rule any person who has an interest in the property may apply for an order that the person who entered the caution pay damages for losses suffered by the applicant because of the delay.

    (6) the court may not make an order under paragraph (5) if satisfied that there was good reason to - 

(a) request the entry of; and

(b) maintain

the caution.

    (7) Any person - 

(a) interested in property under arrest or in the proceeds of sale of such property; or

(b) whose interests are affected by any order sought or made,

may be made a party to any claim in rem against the property or proceeds of sale.

    (8) Where - 

(a)


(i) a ship is not under arrest but cargo on board her is; or

(ii) a ship is under arrest but cargo on board her is not; and



(b) persons interested in the ship or cargo wish to discharge the cargo,

they may, without being made parties, request the Marshal to authorise steps to discharge the cargo.

    (9) If - 

(a) the Marshal considers a request under paragraph (8) reasonable; and

(b) the applicant gives an undertaking in writing acceptable to the Marshal to pay - 


(i) his fees; and

(ii) all expenses to be incurred by him or on his behalf



on demand,

the Marshal will apply to the court for an order to permit the discharge of the cargo.

     (10) Where persons interested in the ship or cargo are unable or unwilling to give an undertaking as referred to in paragraph (9)(b), they may - 

    (a) be made parties to the claim; and

    (b) apply to the court for an order for - 

(i) discharge of the cargo; and

(ii) directions as to the fees and expenses of the Marshal with regard to the discharge and storage of the cargo.

Judgment in default
     61.9  - (1) In a claim in rem (other than a collision claim) the claimant may obtain judgment in default of - 

(a) an acknowledgment of service only if - 


(i) the defendant has not filed an acknowledgment of service; and

(ii) the time for doing so set out in rule 61.3(4) has expired; and



(b) defence only if - 



(i) a defence has not been filed; and

(ii) the relevant time limit for doing so has expired.

    (2) In a collision claim, a party who has filed a collision statement of case within the time specified by rule 61.4(5) may obtain judgment in default of a collision statement of case only if - 

(a) the party against whom judgment is sought has not filed a collision statement of case; and

(b) the time for doing so set out in rule 61.4(5) has expired.

    (3) An application for judgment in default - 

(a) under paragraph (1) or paragraph (2) in an in rem claim must be made by filing - 


(i) an application notice as set out in the practice direction;

(ii) a certificate proving service of the claim form; and

(iii) evidence proving the claim to the satisfaction of the court; and



(b) under paragraph (2) in any other claim must be made in accordance with Part 12 with any necessary modifications.

    (4) An application notice seeking judgment in default and, unless the court orders otherwise, all evidence in support, must be served on all persons who have entered cautions against release on the Register.

    (5) The court may set aside or vary any judgment in default entered under this rule.

    (6) The claimant may apply to the court for judgment against a party at whose instance a notice against arrest was entered where - 

(a) the claim form has been served on that party;

(b) the sum claimed in the claim form does not exceed the amount specified in the undertaking given by that party in accordance with rule 61.7(2)(ii); and

(c) that party has not fulfilled that undertaking within 14 days after service on him of the claim form.

Sale by the court, priorities and payment out
     61.10  - (1) An application for an order for the survey, appraisement or sale of a ship may be made in a claim in rem at any stage by any party.

    (2) If the court makes an order for sale, it may - 

(a) set a time within which notice of claims against the proceeds of sale must be filed; and

(b) the time and manner in which such notice must be advertised.

    (3) Any party with a judgment against the property or proceeds of sale may at any time after the time referred to in paragraph (2) apply to the court for the determination of priorities.

    (4) An application notice under paragraph (3) must be served on all persons who have filed a claim against the property.

    (5) Payment out of the proceeds of sale will be made only to judgment creditors and - 

(a) in accordance with the determination of priorities; or

(b) as the court orders.

Limitation claims
     61.11  - (1) This rule applies to limitation claims.

    (2) A claim is started by the issue of a limitation claim form as set out in the practice direction.

    (3) The - 

(a) claimant; and

(b) at least one defendant

must be named in the claim form, but all other defendants may be described.

    (4) The claim form - 

(a) must be served on all named defendants and any other defendant who requests service upon him; and

(b) may be served on any other defendant.

    (5) The claim form may not be served out of the jurisdiction unless - 

(a) the claim falls within section 22(2)(a), (b) or (c) of the Supreme Court Act 1981^Acts[13];

(b) the defendant has submitted to or agreed to submit to the jurisdiction of the court; or

(c) the Admiralty Court has jurisdiction over the claim under any applicable Convention; and

the court grants permission in accordance with Section III of Part 6.

    (6) An acknowledgment of service is not required.

    (7) Every defendant upon whom a claim form is served must - 

(a) within 28 days of service file - 


(i) a defence; or

(ii) a notice that he admits the right of the claimant to limit liability; or



(b) if he wishes to - 



(i) dispute the jurisdiction of the court; or

(ii) argue that the court should not exercise its jurisdiction,



file within 14 days of service (or where the claim form is served out of the jurisdiction, within the time specified in rule 6.22) an acknowledgment of service as set out in the practice direction.

    (8) If a defendant files an acknowledgment of service under paragraph (7)(b) he will be treated as having accepted that the court has jurisdiction to hear the claim unless he applies under Part 11 within 14 days after filing the acknowledgment of service.

    (9) Where one or more named defendants admits the right to limit - 

(a) the claimant may apply for a restricted limitation decree in the form set out in the practice direction; and

(b) the court will issue a decree in the form set out in the practice direction limiting liability only against those named defendants who have admitted the claimant's right to limit liability.

    (10) A restricted limitation decree - 

(a) may be obtained against any named defendant who fails to file a defence within the time specified for doing so; and

(b) need not be advertised, but a copy must be served on the defendants to whom it applies.

    (11) Where all the defendants upon whom the claim form has been served admit the claimant's right to limit liability - 

(a) the claimant may apply to the Admiralty Registrar for a general limitation decree in the form set out in the practice direction; and

(b) the court will issue a limitation decree.

    (12) Where one or more of the defendants upon whom the claim form has been served do not admit the claimant's right to limit, the claimant may apply for a general limitation decree in the form set out in the practice direction.

    (13) When a limitation decree is granted the court - 

(a) may - 


(i) order that any proceedings relating to any claim arising out of the occurrence be stayed;

(ii) order the claimant to establish a limitation fund if one has not been established or make such other arrangements for payment of claims against which liability is limited; or

(iii) if the decree is a restricted limitation decree, distribute the limitation fund; and



(b) will, if the decree is a general limitation decree, give directions as to advertisement of the decree and set a time within which notice of claims against the fund must be filed or an application made to set aside the decree.

    (14) When the court grants a general limitation decree the claimant must - 

(a) advertise it in such manner and within such time as the court directs; and

(b) file - 


(i) a declaration that the decree has been advertised in accordance with paragraph (a); and

(ii) copies of the advertisements.

    (15) No later than the time set in the decree for filing claims, each of the defendants who wishes to assert a claim must file and serve his statement of case on - 

(a) the limiting party; and

(b) all other defendants except where the court orders otherwise.

    (16) Any person other than a defendant upon whom the claim form has been served may apply to the court within the time fixed in the decree to have a general limitation decree set aside.

    (17) An application under paragraph (16) must be supported by a declaration - 

(a) stating that the applicant has a claim against the claimant arising out of the occurrence; and

(b) setting out grounds for contending that the claimant is not entitled to the decree, either in the amount of limitation or at all.

    (18) The claimant may constitute a limitation fund by making a payment into court.

    (19) A limitation fund may be established before or after a limitation claim has been started.

    (20) If a limitation claim is not commenced within 75 days after the date the fund was established - 

(a) the fund will lapse; and

(b) all money in court (including interest) will be repaid to the person who made the payment into court.

    (21) Money paid into court under paragraph (18) will not be paid out except under an order of the court.

    (22) A limitation claim for - 

(a) a restricted decree may be brought by counterclaim; and

(b) a general decree may only be brought by counterclaim with the permission of the court.

Stay of proceedings
     61.12 Where the court orders a stay of any claim in rem - 

(a) any property under arrest in the claim remains under arrest; and

(b) any security representing the property remains in force,

unless the court orders otherwise.

Assessors
     61.13 The court may sit with assessors when hearing - 

(a) collision claims; or

(b) other claims involving issues of navigation or seamanship, and

the parties will not be permitted to call expert witnesses unless the court orders otherwise.