資料由法律人 LawPlayer整理提供·UK legislation / curated by LawPlayer from legislation.gov.uk
(1) These Rules may be cited as the Civil Procedure (Amendment No. 2) Rules 2023 and come into force on 1st October 2023, subject to rule 2.
(2) In these Rules a reference to a Part or rule by number alone means the Part or rule so numbered in the Civil Procedure Rules 1998 .
(1) Subject to paragraphs (2) and (3), in so far as any amendment made by these Rules applies to—
(a) allocation;
(b) assignment to a complexity band;
(c) directions in the fast track or the intermediate track; or
(d) costs,
those amendments only apply to a claim where proceedings are issued on or after 1st October 2023.
(2) The amendments referred to in paragraph (1) only apply—
(a) to a claim which includes a claim for personal injuries, other than a disease claim, where the cause of action accrues on or after 1st October 2023; or
(b) to a claim for personal injuries, which includes a disease claim, in respect of which no letter of claim has been sent before 1st October 2023.
(3) This rule does not apply to the amendments made by rule 9(3)(b)(i) or rule 16(1) and (6) of these Rules, nor to Section II of Part 45 in Schedule 3 to these Rules.
The Civil Procedure Rules 1998 are amended in accordance with rules 4 to 21 of these Rules.
In rule 2.11, in the words in parentheses, for “28.4 (variation of case management timetable – fast track)” substitute “28.3 (variation of case management timetable – fast track and intermediate track)” .
(1) In rule 3.1A(3), after “multi-track” insert “, intermediate track” .
(2) In rule 3.7A1(1)(d), after “multi-track” insert “, intermediate track” .
(1) In rule 16.2, after paragraph (1) insert—
(1A1) In a claim to which Part 45 does not apply, no amount shall be entered on the claim form for the charges of the claimant’s legal representative, but the words ‘to be assessed’ shall be inserted.
(2) In rule 16.3—
(a) in paragraph (2)(b), after paragraph (iii) insert—
(iv) more than £25,000 but not more than £100,000; or
(b) in paragraph (3A)(b), for “26.5A, 26.6A or 26.6B” substitute “26.8, 26.10 or 26.11” ;
(c) in paragraph (3AA)(b), for “26.6A” substitute “26.10” ; and
(d) in paragraph (3B) for “26.6(2A)” substitute “26.9(3)” .
(1) In rule 21.10(6), for “Section II or Section III” substitute “Section IV” .
(2) In rule 21.12(9)—
(a) for “Section II, III, or IIIA” substitute “Section IV, Section VI, Section VII or Section VIII” ; and
(b) for “45.13 or 45.29J” substitute “45.9 or 45.10” .
For Part 26 substitute Part 26 as set out in Schedule 1 to these Rules.
(1) In rule 27.1(2), in the words in parentheses, for “26.6”, in both places it appears, substitute “26.9” .
(2) In rule 27.3, after “fast track” insert “, the intermediate track” .
(3) In rule 27.14—
(a) after paragraph (1), in the words in parentheses, for “Rules 46.11 and 46.13 make” substitute “Rule 46.13 makes” ; and
(b) in paragraph (2)—
(i) for sub-paragraph (a) substitute—
(a) the fixed costs attributable to issuing the claim, calculated in accordance with Table 2 in Practice Direction 45; or
(ii) in sub-paragraph (h), for “the Stage 1 and, where relevant, the Stage 2 fixed costs in rule 45.18”, substitute “the applicable Stage 1 and, where relevant, the Stage 2 fixed costs in Table 10 and Table 11 in Practice Direction 45” .
(4) For rule 27.15 substitute—
(27.15)
(1) Where a claim is allocated to the small claims track and subsequently re-allocated to another track, the costs which may be allowed are those applicable to the track to which the claim is reallocated, as if the claim been allocated to that track at the outset.
(2) Where a claim is reallocated to the small claims track from the multi-track, rule 27.14 shall apply to the period before, as well as after, reallocation, except where a court order or a rule or practice direction provides otherwise.
For Part 28 substitute Part 28 as set out in Schedule 2 to these Rules.
In rule 29.1, in the second set of words in parentheses, after “claims allocated to the fast track” insert “or intermediate track” .
(1) In the table of contents of this Part, for the entries for rule 36.20 to the end substitute—
(2) In rule 36.1—
(a) after paragraph (2) insert—
(3) Section II of this Part contains rules about Part 36 offers where a claim is one to which Section VI (fixed costs in the fast track), Section VII (fixed costs in the intermediate track) or Section VIII (claims for noise-induced hearing loss) of Part 45 applies.
(b) in the paragraph which, going forward, follows paragraph (3)—
(i) renumber that paragraph, paragraph (4); and
(ii) for “Section II” substitute “Section III” .
(3) In rule 36.2, for paragraph (1), substitute—
(1) This Section—
(a) applies to an offer to settle to which Section II of this Part applies, unless otherwise stated; but
(b) does not apply to an offer to settle to which Section III applies.
(4) In rule 36.5—
(a) in paragraph (1)(c), for “36.20” substitute “36.23” ; and
(b) in paragraph (3), for “36.22” substitute “36.20” .
(5) In rule 36.11(3), in—
(a) sub-paragraph (b); and
(b) after sub-paragraph (d), in the second set of parentheses,
for “36.22”, in both places it appears, substitute “36.20” .
(6) In rule 36.13, after paragraph (1), omit the words in parentheses.
(7) In rule 36.17(1)—
(a) for “36.21” substitute “36.24” ; and
(b) after sub-paragraph (b), omit the words in parentheses.
(8) Omit rule 36.20 and rule 36.21.
(9) Renumber—
(a) rule 36.22, rule 36.20; and
(b) rule 36.23, rule 36.21.
(10) After what, going forward, will be rule 36.21 insert—
Claims to Which Sections VI, VII, or VIII of Part 45 Apply
Scope of this Section and definitions
(36.22)
(1) This Section applies where a claim is one to which Section VI, Section VII or Section VIII of Part 45 applies.
(2) In this Section—
(a) “fixed cost medical report” and “soft tissue injury claim” have the meaning ascribed by paragraph 1.1(10A) and (16A) respectively of the RTA Protocol;
(b) for the purposes of rules 36.23 and 36.24, a defendant’s Protocol offer is either—
(i) defined in accordance with rules 36.26 and 36.27; or
(ii) if the claim leaves the Protocol before the Court Proceedings Pack Form is sent to the defendant—
(aa) the last offer made by the defendant before the claim leaves the Protocol; and
(bb) deemed to be made on the first business day after the claim leaves the Protocol; and
(c) reference to—
(i) the “ Court Proceedings Pack Form ” is a reference to the form used in the Protocol; and
(ii) “ business day ” is a reference to a business day as defined in rule 6.2.
Costs consequences of acceptance of a Part 36 offer
(36.23)
(1) Where a Part 36 offer is accepted within the relevant period, the claimant is entitled to—
(a) the fixed costs in Table 12, Table 14 or Table 15 in Practice Direction 45 for the stage applicable at the date on which notice of acceptance was served on the offeror; and
(b) any applicable additional fixed costs allowed under Section I, Section VI, Section VII or Section VIII of Part 45 incurred in any period for which costs are payable to them.
(2) Where—
(a) a defendant’s Part 36 offer relates to part only of the claim; and
(b) at the time of serving notice of acceptance within the relevant period the claimant abandons the balance of the claim,
the claimant is entitled to the fixed costs in paragraph (1).
(3) Subject to paragraphs (4) and (5), where a defendant’s Part 36 offer is accepted after the relevant period—
(a) the claimant is entitled to—
(i) the fixed costs in Table 12, Table 14 or Table 15 in Practice Direction 45 for the stage applicable at the date on which the relevant period expired; and
(ii) any applicable additional fixed costs allowed under Section I, Section VI, Section VII or Section VIII incurred in any period for which costs are payable to them; and
(b) the claimant is liable for the defendant’s costs in accordance with paragraph (8).
(4) Where a claim no longer continues under the RTA or EL/PL Protocol, then, subject to paragraph (5), where the claimant accepts the defendant’s Protocol offer after the date on which the claim leaves the Protocol—
(a) the claimant is entitled to the applicable Stage 1 and Stage 2 fixed costs in Table 10 or Table 11 in Practice Direction 45; and
(b) the claimant is liable for the defendant’s costs in accordance with paragraph (8).
(5) In a soft tissue injury claim, if the defendant makes a Part 36 offer before the defendant receives a fixed cost medical report, paragraphs (3) and (4) shall only have effect if the claimant accepts the offer more than 21 days after the defendant received the report.
(6) Fixed costs shall be calculated by reference to the amount of the offer which is accepted.
(7) Where the parties do not agree the liability for costs, the court must make an order as to costs.
(8) Subject to paragraph (9) where the court makes an order for costs in favour of the defendant, the defendant is entitled to—
(a) the fixed costs in Table 12, Table 14 or Table 15 in Practice Direction 45 for the stage applicable at the date of acceptance; and
(b) any applicable additional fixed costs allowed under Section I, Section VI, Section VII or Section VIII incurred in any period for which costs are payable to them,
less the fixed costs to which the claimant is entitled under paragraph (3)(a)(i) or (4).
(9) Where—
(a) an order for costs is made pursuant to paragraph (3); and
(b) the stage applicable at the date on which the relevant period expires and the stage applicable at the date of acceptance are the same,
the defendant is entitled to the fixed costs applicable to that stage.
(10) The parties are entitled to disbursements allowed in accordance with Section IX of Part 45 incurred in any period for which costs are payable to them.
Costs consequences following judgment
(36.24)
(1) Rule 36.17 applies with the following modifications.
(2) Subject to paragraphs (3), (4) and (5), where an order for costs is made pursuant to rule 36.17(3)—
(a) the claimant is entitled to—
(i) the fixed costs in Table 12, Table 14 or Table 15 in Practice Direction 45 for the stage applicable at the date on which the relevant period expired; and
(ii) any applicable additional fixed costs allowed under Section I, Section VI, Section VII or Section VIII incurred in any period for which costs are payable to them; and
(b) the claimant is liable for the defendant’s costs in accordance with paragraph (9).
(3) Where rule 36.17(1)(b) applies, the claimant is entitled to—
(a) the fixed costs in Table 12, Table 14 or Table 15 in Practice Direction 45 for the stage applicable at the date of judgment; and
(b) any applicable additional fixed costs allowed under Section I, Section VI, Section VII or Section VIII incurred in any period for which costs are payable to them.
(4) Where the court makes an order pursuant to rule 36.17(4), instead of costs awarded on the indemnity basis under rule 36.17(4)(b), the claimant is entitled to additional costs in accordance with paragraph (5).
(5) The additional costs are an amount equivalent to 35% of the difference between the fixed costs for—
(a) the stage applicable when the relevant period expires; and
(b) the stage applicable at the date of judgment,
to which the claimant is entitled under paragraph (3)(a) and (b).
(6) Where a claim no longer continues under the RTA or EL/PL Protocol, then, subject to paragraph (7), where the claimant fails to obtain a judgment more advantageous than the defendant’s Protocol offer—
(a) the claimant is entitled to the applicable Stage 1 and Stage 2 fixed costs in Table 10 or Table 11 in Practice Direction 45; and
(b) the claimant is liable for the defendant’s costs in accordance with paragraph (9); and
(c) in this rule, the amount of the judgment is less than the Protocol offer where the judgment is less than the offer once deductible amounts identified in the judgment are deducted.
(“Deductible amount” is defined in rule 36.20(1)(d).)
(7) In a soft tissue injury claim, if the defendant makes a Part 36 offer or Protocol offer before the defendant receives a fixed cost medical report, paragraphs (2) and (6) shall only have effect in respect of costs incurred by either party more than 21 days after the defendant received the report.
(8) Fixed costs must be calculated by reference to the amount which is awarded.
(9) Where the court makes an order for costs in favour of the defendant, the defendant is entitled to—
(a) the fixed costs in Table 12, Table 14 or Table 15 in Practice Direction 45 applicable at the date of judgment; and
(b) any applicable additional fixed costs allowed under Section I, Section VI, Section VII or Section VIII incurred in any period for which costs are payable to them,
less the fixed costs to which the claimant is entitled under paragraph (2)(a) or (6).
(10) The parties are entitled to disbursements allowed in accordance with Section IX of Part 45 incurred in any period for which costs are payable to them.
(11) Renumber Section II, Section III.
(12) In rule 36.24—
(a) renumber that rule 36.25; and
(b) in paragraph (1), for “does not” substitute “and Section II do not” ;
(13) Renumber—
(a) current rule 36.25, rule 36.26;
(b) current rule 36.26, rule 36.27; and
(c) current rule 36.27, rule 36.28.
(14) In what, going forward, will now be rule 36.28, in paragraph (b), for “45.18” substitute “45.29” .
(15) Renumber—
(a) current rule 36.28, rule 36.29; and
(b) current rule 36.29, rule 36.30.
(16) In what, going forward, will now be rule 36.30—
(a) in paragraph (2)—
(i) in sub-paragraph (a), for “45.26” substitute “45.37” ; and
(ii) in sub-paragraph (b), for “36.26” substitute “36.27” ; and
(b) in paragraph (3), for “45.20” substitute “45.30” ; and
(c) in paragraph (4)—
(i) in sub-paragraph (a), for “36.26” substitute “36.37” ; and
(ii) in sub-paragraph (b), for “45.20” substitute “45.30” .
(17) In current rule 36.30—
(a) renumber that rule 36.31;
(b) in that rule, for “36.29” substitute “36.30” ; and
(c) in the words in parentheses which follow that rule, for “36.22” substitute “36.20” .
In rule 39.4—
(a) for “28.6” substitute “28.5” ; and
(b) in the words in the first set of parentheses, omit “—fast track”.
In rule 44.1(1), for the definition of fixed costs substitute—
‘fixed costs’ means costs, the amounts of which are fixed by these Rules;
For Part 45 substitute Part 45 as set out in Schedule 3 to these Rules.
(1) In the table of contents to this Part, after the entry for rule 46.23 insert—
(2) In rule 46.4(2)(b)(ii), for “Section II or Section III”, substitute “Section IV” .
(3) Omit rule 46.11.
(4) Omit rule 46.12.
(5) In rule 46.13, omit paragraph (2).
(6) After rule 46.23, insert—
Costs Limits in Aarhus Convention Claims
Scope and interpretation
(46.24)
(1) This section provides for the costs which are to be recoverable between the parties in Aarhus Convention claims.
(2) In this Section—
(a) “ Aarhus Convention claim ” means a claim brought by one or more members of the public by judicial review or review under statute which challenges the legality of any decision, act or omission of a body exercising public functions, and which is within the scope of Article 9(1), 9(2) or 9(3) of the UNECE Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters done at Aarhus, Denmark on 25 June 1998 (“ the Aarhus Convention ”);
(b) references to a member or members of the public are to be construed in accordance with the Aarhus Convention.
(3) This Section does not apply to appeals other than appeals brought under section 289(1) of the Town and Country Planning Act 1990 or section 65(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 , which are for the purposes of this Section to be treated as reviews under statute.
(Rule 52.19A makes provision in relation to costs of an appeal.)
(The Aarhus Convention is available on the UNECE website at https://www.unece.org/env/pp/welcome.html .)
Opting out, and other cases where rules 46.26 to 46.28 do not apply to a claimant
(46.25)
(1) Subject to paragraph (2), rules 46.26 to 46.28 apply where a claimant who is a member of the public has—
(a) stated in the claim form that the claim is an Aarhus Convention claim; and
(b) filed and served with the claim form a schedule of the claimant’s financial resources, which is verified by a statement of truth and provides details of—
(i) the claimant’s significant assets, liabilities, income and expenditure; and
(ii) in relation to any financial support which any person has provided or is likely to provide to the claimant, the aggregate amount which has been provided and which is likely to be provided.
(2) Subject to paragraph (3), rules 46.26 to 46.28 do not apply where the claimant has stated in the claim form that although the claim is an Aarhus Convention claim, the claimant does not wish those rules to apply.
(3) If there is more than one claimant, rules 46.26 to 46.28 do not apply in relation to the costs payable by or to any claimant who has not acted as set out in paragraph (1), or who has acted as set out in paragraph (2), or who is not a member of the public.
Limit on costs recoverable from a party in an Aarhus Convention claim
(46.26)
(1) Subject to rules 46.25 and 46.28, a claimant or defendant in an Aarhus Convention claim may not be ordered to pay costs exceeding the amounts in paragraph (2) or (3) or as varied in accordance with rule 46.27.
(2) For a claimant the amount is—
(a) £5,000 where the claimant is claiming only as an individual and not as, or on behalf of, a business or other legal person;
(b) £10,000 in all other cases.
(3) For a defendant the amount is £35,000.
(4) In an Aarhus Convention claim with multiple claimants or multiple defendants, the amounts in paragraphs (2) and (3) (subject to any direction of the court under rule 46.27) apply in relation to each such claimant or defendant individually and may not be exceeded, irrespective of the number of receiving parties.
Varying the limit on costs recoverable from a party in an Aarhus Convention claim
(46.27)
(1) The court may vary the amounts in rule 46.26 or may remove altogether the limits on the maximum costs liability of any party in an Aarhus Convention claim.
(2) The court may vary such an amount or remove such a limit only on an application made in accordance with paragraphs (5) to (7) (“an application to vary”) and if satisfied that—
(a) to do so would not make the costs of the proceedings prohibitively expensive for the claimant; and
(b) in the case of a variation which would reduce a claimant’s maximum costs liability or increase that of a defendant, without the variation the costs of the proceedings would be prohibitively expensive for the claimant.
(3) Proceedings are to be considered prohibitively expensive for the purpose of this rule if their likely costs (including any court fees which are payable by the claimant) either—
(a) exceed the financial resources of the claimant; or
(b) are objectively unreasonable having regard to—
(i) the situation of the parties;
(ii) whether the claimant has a reasonable prospect of success;
(iii) the importance of what is at stake for the claimant;
(iv) the importance of what is at stake for the environment;
(v) the complexity of the relevant law and procedure; and
(vi) whether the claim is frivolous.
(4) When the court considers the financial resources of the claimant for the purposes of this rule, it must have regard to any financial support which any person has provided or is likely to provide to the claimant.
(5) Subject to paragraph (6), an application to vary must—
(a) if made by the claimant, be made in the claim form and provide the claimant’s reasons why, if the variation were not made, the costs of the proceedings would be prohibitively expensive for the claimant;
(b) if made by the defendant, be made in the acknowledgment of service and provide the defendant’s reasons why, if the variation were made, the costs of the proceedings would not be prohibitively expensive for the claimant; and
(c) be determined by the court at the earliest opportunity.
(6) An application to vary may be made at a later stage if there has been a significant change in circumstances (including evidence that the schedule of the claimant’s financial resources contained false or misleading information) which means that the proceedings would now—
(a) be prohibitively expensive for the claimant if the variation were not made; or
(b) not be prohibitively expensive for the claimant if the variation were made.
(7) An application under paragraph (6) must—
(a) if made by the claimant—
(i) be accompanied by a revised schedule of the claimant’s financial resources or confirmation that the claimant’s financial resources have not changed; and
(ii) provide reasons why the proceedings would now be prohibitively expensive for the claimant if the variation were not made; and
(b) if made by the defendant, provide reasons why the proceedings would now not be prohibitively expensive for the claimant if the variation were made.
(Rule 39.2(3)(c) makes provision for a hearing (or any part of it) to be in private if it involves confidential information (including information relating to personal financial matters) and publicity would damage that confidentiality.)
Challenging whether the claim is an Aarhus Convention claim
(46.28)
(1) Where a claimant has complied with rule 46.25(1), and subject to rule 46.25(2) and (3), rule 46.26 applies unless—
(a) the defendant has in the acknowledgment of service—
(i) denied that the claim is an Aarhus Convention claim; and
(ii) set out the defendant’s grounds for such denial; and
(b) the court has determined that the claim is not an Aarhus Convention claim.
(2) Where the defendant denies that the claim is an Aarhus Convention claim, the court must determine that issue at the earliest opportunity.
(3) In any proceedings to determine whether the claim is an Aarhus Convention claim—
(a) if the court holds that the claim is not an Aarhus Convention claim, it shall, except for good reason, make no order for costs in relation to those proceedings;
(b) if the court holds that the claim is an Aarhus Convention claim, it shall, except for good reason, order the defendant to pay the claimant’s costs of those proceedings to be assessed on the standard basis, and that order may be enforced even if this would increase the costs payable by the defendant beyond the amount stated in rule 46.26(3) or any variation of that amount.
In rule 52.19A—
(a) in paragraph (1)—
(i) for “Section VII of Part 45” substitute “Section IX of Part 46” ; and
(ii) for “45.43 to 45.45” substitute “46.26 to 46.28” ; and
(b) in paragraph (2), for “45.43 to 45.45” substitute “46.26 to 46.28” .
In rule 54.6(1), after paragraph (d), in the words in parentheses, for “45.41 to 45.44” substitute “46.24 to 46.27” .
(1) In rule 55.8(3)(a), after “the fast track” insert “, the intermediate track” .
(2) In rule 55.9—
(a) in paragraph (1)(a), for “26.8” substitute “26.13” ; and
(b) in paragraph (3), for “rule 45.38 (amount of fast track costs)” substitute “Part 45” .
(3) In rule 55.36(3)(a), after “the fast track” insert “, the intermediate track” .
(4) In rule 55.37—
(a) in paragraph (1)(a), for “26.8” substitute “26.13” ; and
(b) in paragraph (3), for “rule 45.38 (amount of fast track costs)” substitute “Part 45” .
In rule 63.1(3)—
(a) for “26.3(1)” substitute “26.4(1)” ;
(b) for “26.3(1B)” substitute “26.4(2)” ; and
(c) for “26.4 to 26.10” substitute “26.5 to 26.18” .
(1) In rule 65.18(3)(a), after “fast track” insert “, intermediate track” .
(2) In rule 65.19(a), for “26.8” substitute “26.13” .
(1) This Part provides for—
(a) the automatic transfer of some defended cases in the High Court;
(b) the circumstances in which defended cases may be sent from one County Court hearing centre or court office to another; and
(c) the allocation of defended cases to case management tracks and, where applicable, their assignment to a complexity band.
(2) There are four tracks—
(a) the small claims track;
(b) the fast track;
(c) the intermediate track; and
(d) the multi-track.
(Rule 26.9 sets out the normal scope of each track. Part 27 makes provision for the small claims track. Part 28 makes provision for the fast track and the intermediate track. Part 29 makes provision for the multi-track.)
(1) This rule applies to proceedings in the High Court where—
(a) the claim is for a specified amount of money;
(b) the claim was commenced in a court which is not the defendant’s home court;
(c) the claim has not been transferred to another defendant’s home court; and
(d) the defendant is an individual.
(2) This rule does not apply where the claim was commenced in a specialist list.
(3) Where this rule applies, the court shall transfer the proceedings to the defendant’s home court when a defence is filed, unless paragraph (4) applies.
(Rule 2.3 defines ‘defendant’s home court’.)
(4) Where the claimant notifies the court under rule 15.10 or rule 14.5 that they wish the proceedings to continue, the court shall transfer the proceedings to the defendant’s home court when it receives that notification from the claimant.
(Rule 15.10 deals with a claimant’s notice where the defence is that money claimed has been paid)
(Rule 14.5 sets out the procedure where the defendant admits part of a claim for a specified amount of money)
(5) Where—
(a) the claim is against two or more defendants with different home courts; and
(b) the defendant whose defence is filed first is an individual,
proceedings are to be transferred under this rule to the home court of that defendant.
(6) The time when a claim is automatically transferred under this rule may be varied by a practice direction in respect of claims issued by the Production Centre.
(Rule 7.10 makes provision for the Production Centre.)
(1) This rule applies where the claim is for an amount of money in the County Court, specified or unspecified.
(2) If at any time a court officer considers that the claim should be referred to a judge for directions, the court officer may send the proceedings to the defendant’s home court or the preferred hearing centre or other County Court hearing centre as may be appropriate.
(3) Subject to paragraphs (5) and (6), if the defendant is an individual and the claim is for a specified sum of money, at the relevant time the claim must be sent to the defendant’s home court (save that where there are two or more defendants, one or more of whom are individuals, the claim must be sent to the home court of the defendant who first files their defence).
(4) Subject to paragraphs (5) and (6), in any other claim to which this rule applies, the court must, at the relevant time, send the claim to the preferred hearing centre.
(5) Subject to paragraph (6), if, on their directions questionnaire—
(a) a defendant under paragraph (3) has specified a hearing centre other than the defendant’s home court; or
(b) a claimant under paragraph (4) has specified a hearing centre other than the preferred hearing centre,
the claim must be sent to that other hearing centre.
(6) At the relevant time, the claim must be sent to the County Court at Central London if—
(a) the claim is started at the County Court Business Centre or the County Court Money Claims Centre;
(b) a court officer provisionally decides, pursuant to rule 26.4, that the track which appears to be most suitable for the claim is the multi-track; and
(c) either—
(i) in respect of a defendant under paragraphs (3) and (5)(a), the home court (or the home court of the defendant who first files their defence) or the hearing centre specified on the directions questionnaire; or
(ii) in respect of a claimant under paragraphs (4) and (5)(b), the preferred hearing centre or the hearing centre specified on the directions questionnaire,
is one of the hearing centres listed in Practice Direction 26 at paragraph 19.
(7) The relevant time for the purposes of this rule is when—
(a) all parties have filed their directions questionnaires;
(b) any stay ordered by the court or period to attempt settlement through mediation has expired; or
(c) if the claim falls within Practice Direction 49D—
(i) the defence is filed; or
(ii) enforcement of a default judgment other than by a warrant of control is requested,
whichever occurs first.
(1) Subject to rule 26.8, if a defendant files a defence—
(a) a court officer shall—
(i) provisionally decide the track which appears to be most suitable for the claim; and
(ii) serve on each party a notice of proposed allocation; and
(b) the notice of proposed allocation shall—
(i) specify any matter to be complied with by the date specified in the notice;
(ii) require the parties to file a completed directions questionnaire and serve copies on all other parties;
(iii) state the address of the court or the court office to which the directions questionnaire must be returned;
(iv) inform the parties how to obtain the directions questionnaire; and
(v) if a case appears suitable for allocation to the fast track, intermediate track or multi-track, require the parties to file proposed directions by the date specified in the notice.
(2) The court shall serve on any unrepresented party the appropriate directions questionnaire.
(3) Where there are two or more defendants and at least one of them files a defence, the court shall serve the notice under paragraph (1)—
(a) when all the defendants have filed a defence; or
(b) when the period for the filing of the last defence has expired,
whichever is the sooner.
(Rule 15.4 specifies the period for filing a defence.)
(4) If proceedings are automatically transferred under rule 26.2 or rule 26.3 the court in which the proceedings have been commenced—
(a) shall serve the notice of proposed allocation before the proceedings are transferred; and
(b) shall not transfer the proceedings until all parties have complied with the notice or the time for doing so has expired.
(5) If rule 15.10 or rule 14.5 applies, the court shall not serve a notice under rule 26.3(1) until the claimant has filed a notice requiring the proceedings to continue.
(6) If a notice is served under paragraph (1)—
(a) each party must file, and serve on all other parties, the documents required by the notice by no later than the date specified in it; and
(b) the date specified must be—
(i) if the notice relates to the small claims track, at least 14 days; or
(ii) if the notice relates to the fast track, intermediate track, or multi-track, at least 28 days,
after the date when it is deemed to be served on the party in question.
(7) The date for complying with a notice served under paragraph (1) may not be varied by agreement between the parties.
(8) The time when the court serves a directions questionnaire under this rule may be varied by a practice direction in respect of claims issued by the Production Centre.
(9) If a claim is a claim to which rule 26.3 applies and a party does not comply with the notice served under paragraph (1) by the date specified—
(a) the court shall serve a further notice on that party, requiring them to comply within 7 days; and
(b) if that party fails to comply with the notice served under sub-paragraph (a), the party’s statement of case shall be struck out without further order of the court.
(10) If a claim is a claim to which rule 26.2 applies and a party does not comply with the notice served under rule paragraph (1) by the date specified, the court may make such order as it considers appropriate, including—
(a) an order for directions;
(b) an order striking out the claim;
(c) an order striking out the defence and entering judgment; or
(d) listing the case for a case management conference.
(11) Where a case has been struck out under paragraph (9)(b) or an order has been made under paragraph (10), a party who was in default shall, unless the court thinks it unjust to do so, be ordered to pay the costs that the default caused to any other party.
(Rule 7.10 makes provision for the Production Centre.)
(Rules 6.14 and 6.26 specify when a document is deemed to be served.)
(1) A party may, when filing the completed directions questionnaire, make a written request for the proceedings to be stayed while the parties try to settle the case by alternative dispute resolution or other means.
(2) If all parties request a stay the proceedings shall be stayed for one month and the court shall notify the parties accordingly.
(3) If the court otherwise considers that such a stay would be appropriate, the court may direct that the proceedings, either in whole or in part, be stayed for one month, or for such other period as it considers appropriate.
(4) The court may extend the stay until such date or for such specified period as it considers appropriate.
(5) Where the court stays the proceedings under this rule, the claimant must tell the court if a settlement is reached.
(6) If the claimant does not tell the court by the end of the period of the stay that a settlement has been reached, the court shall give such directions as to the management of the case as it considers appropriate.
(1) This rule applies to claims started in the County Court which would normally be allocated to the small claims track pursuant to rule 26.9.
(2) This rule does not apply to—
(a) road traffic accident, personal injury or housing disrepair claims; or
(b) any claim in which any party to the proceedings does not agree to referral to the Mediation Service.
(3) In this rule, ‘the Mediation Service’ means the Small Claims Mediation Service operated by His Majesty’s Courts and Tribunals Service.
(4) Where all parties indicate on their directions questionnaire that they agree to mediation, the claim shall be referred to the Mediation Service.
(5) If a claim to which this rule applies is settled, the proceedings shall automatically be stayed with permission to apply for—
(a) judgment for the unpaid balance of the outstanding sum of the settlement agreement; or
(b) the claim to be restored for hearing of the full amount claimed,
unless the parties have agreed that the claim is to be discontinued or dismissed.
(1) Subject to rule 26.8, the court shall allocate the claim to a track and, where applicable, assign it to a complexity band—
(a) when all parties have filed their directions questionnaires; or
(b) when giving directions pursuant to rule 26.4(10),
unless it has stayed the proceedings under rule 26.5.
(2) If the court has stayed the proceedings under rule 26.5, it shall allocate the claim to a track and, where applicable, assign it to a complexity band at the end of the period of the stay.
(3) If—
(a) a claim is referred to the Mediation Service pursuant to rule 26.6; and
(b) the court has not been notified in writing that a settlement has been agreed,
the claim shall be allocated to a track and, where applicable, assigned to a complexity band in accordance with this rule no later than four weeks from the date on which the last directions questionnaire is filed.
(4) Before deciding the track to which to allocate or the complexity band to which to assign proceedings, or deciding whether to give directions for an allocation hearing or an assignment hearing to be fixed, the court may order a party to provide further information about his case.
(5) The court may hold an allocation hearing or an assignment hearing if it thinks it is necessary.
(6) If a party fails to file a directions questionnaire, the court may give any direction it considers appropriate.
(7) When, in a claim to which Section VI or Section VII of Part 45 applies, the court decides the track to which a claim should be allocated or the complexity band to which it should be assigned—
(a) it shall also consider whether it is in the interests of justice to order that rule 45.5(4) should apply to that claim; and
(b) when considering whether it is in the interests of justice to make such an order, it shall have regard to whether the claim of each claimant arises from the same or substantially the same facts and gives rise to the same or substantially the same issues.
(1) This rule applies where—
(a) the parties have followed the Pre-Action Protocol for Personal Injury Claims Below the Small Claims Limit in Road Traffic Accidents; and
(b) proceedings have been started under Practice Direction 27B.
(2) Subject to paragraph (3), where this rule applies, the claim shall be treated as allocated to the small claims track when it is issued and rules 26.4, 26.5 and 26.7 shall not apply.
(3) Where in any claim started or continued under Practice Direction 27B—
(a) the appropriate court form states that—
(i) the amount claimed is more than £10,000; or
(ii) the claim for personal injury damages is more than £5,000; or
(b) rule 26.10 applies,
a court officer must refer the claim to a judge for allocation to a track and to give directions.
(1) The small claims track is the normal track for—
(a) any claim for personal injuries where—
(i) the value of the claim is not more than £10,000; and
(ii) the value of any claim for damages for personal injuries is not more than—
(aa) £5,000 in a claim for personal injuries arising from a road traffic accident, except as provided in sub-paragraph (bb);
(bb) £1,000 in a claim for personal injuries arising from a road traffic accident, in any of the circumstances specified in rule 26.10; or
(cc) £1,500 in any other claim for personal injuries.
(b) any claim which includes a claim by a tenant of residential premises against a landlord where—
(i) the tenant is seeking an order requiring the landlord to carry out repairs or other work to the premises (whether or not the tenant is also seeking some other remedy);
(ii) the cost of the repairs or other work to the premises is estimated to be not more than £1,000; and
(iii) the value of any other claim for damages is not more than £1,000; and
(c) in relation to claims under the Renting Homes (Wales) Act 2016 , any claim which includes a claim by a contract-holder of a dwelling against a landlord where—
(i) the contract holder is seeking an order requiring the landlord to carry out repairs or other work to the dwelling (whether or not the contract-holder is also seeking some other remedy);
(ii) the cost of repairs or other work to the dwelling is estimated to be not more than £1,000; and
(iii) the value of any other claim for damages is not more than £1,000.
(Rule 2.3 defines ‘claim for personal injuries’ as proceedings in which there is a claim for damages in respect of personal injuries to the claimant or any other person or in respect of a person’s death.)
(2) For the purposes of paragraph (1) ‘damages for personal injuries’ means damages claimed as compensation for pain, suffering and loss of amenity and does not include any other damages which are claimed.
(3) ‘Road traffic accident’ means an accident resulting in a bodily injury to any person caused by, or arising out of, the use of a motor vehicle on a road or other public place in England and Wales unless the injury was caused wholly or in part by a breach by the defendant of one or more of the relevant statutory provisions as defined by section 53 of the Health and Safety at Work etc. Act 1974 .
(4) Subject to paragraph (1), the small claims track is the normal track for any claim which has a value of not more than £10,000.
(Rule 26.12(2) and (3) provides that the court must not allocate to the small claims track certain claims in respect of harassment or unlawful eviction.)
(5) Subject to paragraphs (6) and (10), the fast track is the normal track for any claim—
(a) for which the small claims track is not the normal track; and
(b) the claim—
(i) is a claim for monetary relief, the value of which is not more than £25,000; or
(ii) is or includes a claim for non-monetary relief and—
(aa) if the claim includes a claim for monetary relief, the value of the claim for monetary relief is not more than £25,000;
(bb) the claim meets the criteria in paragraph (6)(a) and (b); and
(cc) the court is satisfied that it is in the interests of justice for it to be allocated to the fast track.
(6) The fast track is the normal track for the claims referred to in paragraph (5) only if the court considers that—
(a) the trial is likely to last for no longer than one day; and
(b) oral expert evidence at trial is likely to be limited to—
(i) one expert per party in relation to any expert field; and
(ii) expert evidence in two expert fields.
(7) Subject to paragraphs (8), (9) and (10), the intermediate track is the normal track where—
(a) the claim is suitable for neither the small claims track nor the fast track;
(b) the claim includes a claim for monetary relief, the value of which is not more than £100,000;
(c) the court considers that—
(i) if the case is managed proportionately, the trial will not last longer than three days;
(ii) oral expert evidence at trial is likely to be limited to two experts per party;
(iii) the claim may be justly and proportionately managed under the procedure set out in Section IV of Part 28; and
(iv) there are no additional factors, which would make the claim inappropriate for the intermediate track; and
(d) the claim is brought by one claimant against either one or two defendants, or is brought by two claimants against one defendant.
(8) Where the relief sought includes a claim for non-monetary relief, the claim shall not be allocated to the intermediate track unless the court also considers it to be in the interests of justice to do so.
(9) Subject to paragraph (10), the court may allocate a claim to the intermediate track where it considers it to be in the interests of justice to do so.
(10) A claim must be allocated to the multi-track where that claim is—
(a) a mesothelioma claim or asbestos lung disease claim;
(b) one which includes a claim for clinical negligence, unless—
(i) the claim is one which would normally be allocated to the intermediate track and
(ii) both breach of duty and causation have been admitted;
(c) a claim for damages in relation to harm, abuse or neglect of or by children or vulnerable adults;
(d) a claim is one the court could order to be tried by jury if satisfied that there is in issue a matter set out in section 66(3) of the County Courts Act 1984 or section 69(1) of the Senior Courts Act 1981 ; or
(e) a claim against the police which includes a claim for—
(i) an intentional or reckless tort; or
(ii) relief or a remedy in relation to a breach of the Human Rights Act 1998 .
(11) Paragraph (10)(e) does not apply to—
(a) a road accident claim arising from negligent police driving;
(b) an employer’s liability claim;
(c) any other claim for an accidental fall on police premises.
(12) The multi-track is the normal track for any claim for which the small claims track or the fast track or the intermediate track is not the normal track.
The circumstances referred to in rule 26.9(1)(a)(ii)(bb) are—
(a) the accident occurred before 31st May 2021;
(b) unless rule 26.11 applies, on the date that proceedings are started, the claimant is—
(i) a child; or
(ii) a protected party;
(c) when the accident occurred, the claimant was—
(i) using a motor cycle;
(ii) a pillion passenger on, or a passenger in a sidecar attached to, a motor cycle;
(iii) using a wheelchair, a powered wheelchair or a mobility scooter;
(iv) using a bicycle or other pedal cycle;
(v) riding a horse; or
(vi) a pedestrian;
(d) unless rule 26.11 applies, on the date that proceedings are started—
(i) the claimant is an undischarged bankrupt; or
(ii) the claimant or defendant acts as a personal representative of a deceased person; or
(e) unless rule 26.11 applies, on the date of the accident, the defendant’s vehicle was registered outside the United Kingdom.
(1) The fast track is the normal track where a claim—
(a) is for personal injuries arising from a road traffic accident which occurs on or after 31st May 2021;
(b) is made by—
(i) a child or a protected party; or
(ii) a person who, on the date the claim was first presented via the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents, was a child; and
(c) consists of, or includes, a claim for a whiplash injury.
(2) Where this rule applies, the claim must not be allocated to the small claims track.
(3) ‘Whiplash injury’ has the meaning ascribed to it by paragraph 1.2(38) of the Pre-Action Protocol for Personal Injury Claims Below the Small Claims Limit in Road Traffic Accidents.
(1) In considering whether to allocate a claim to the normal track for that claim under rules 26.9, 26.10 or 26.11, the court shall have regard to the matters mentioned in rule 26.13(1).
(2) The court must not allocate a claim to the small claims track, if it includes a claim by a tenant of residential premises against his landlord for a remedy in respect of harassment or unlawful eviction.
(3) In claims under the Renting Homes (Wales) Act 2016, the court must not allocate a claim to the small claims track if it includes a claim by a contract-holder of a dwelling against their landlord for a remedy in respect of harassment or unlawful eviction.
(1) When deciding the track for a claim, the matters to which the court shall have regard include—
(a) the financial value, if any, of the claim;
(b) the nature of the remedy sought;
(c) the likely complexity of the facts, law or evidence;
(d) the number of parties or likely parties;
(e) the value of any counterclaim or additional claim and the complexity of any matters relating to it;
(f) the amount of oral evidence which may be required;
(g) the importance of the claim to persons who are not parties to the proceedings;
(h) the views expressed by the parties; and
(i) the circumstances of the parties.
(2) It is for the court to assess the financial value of a claim and in doing so it shall disregard—
(a) any amount not in dispute;
(b) any claim for interest;
(c) costs;
(d) any contributory negligence; and
(e) where the claim is, or includes a claim for non-monetary relief, any amount prescribed by rule 45.45(1)(a)(ii) and rule 45.50(2)(b)(ii).
(3) Where—
(a) two or more claimants have started a claim against the same defendant using the same claim form; and
(b) each claimant has a claim against the defendant separate from the other claimants,
the court shall consider the claim of each claimant separately when it assesses financial value under paragraph (1).
(1) When a claim is allocated to the fast track or the intermediate track, the court must also assign the claim to a complexity band, unless it is one to which Section VIII of Part 45 applies.
(2) In both Table 1 and Table 2, below, the complexity bands numbered 1 to 4 provide an ascending scale of allowable costs commensurate with the complexity of the claim.
(3) The complexity band to which a claim is assigned shall determine the costs that are to be allowed under Table 12 or Table 14 in Practice Direction 45.
(4) Subject to paragraph (5), the parties may agree the complexity band to which a claim is assigned.
(5) The court may direct that a claim be assigned to a different complexity band than that agreed by the parties, but shall have regard to the factors set out in rule 26.13(1).
(6) A party must state on their directions questionnaire—
(a) the agreed complexity band; or
(b) where the parties disagree, the complexity band considered appropriate by that party,
together with any relevant information in support.
Unless the claim is one for noise induced hearing loss (in respect of which Sections I and IV of Part 28 and Section VIII of Part 45 make provision), the complexity band to which a claim will normally be assigned in the fast track is set out in Table 1.
(a) road traffic accident related, non-personal injury claims; and
(b) defended debt claims
(a) road traffic accident related, personal injury claims which are or should have been started under the RTA Protocol; and
(b) personal injury claims to which the Pre-action Protocol for Resolution of Package Travel Claims apply
(a) road traffic accident related, personal injury claims to which the RTA Protocol does not apply;
(b) employer’s liability (accident) and public liability personal injury claims;
(c) possession claims;
(d) housing disrepair claims; and
(e) other money claims
(a) employer’s liability disease claims (other than a claim for noise induced hearing loss);
(b) complex possession and housing disrepair claims;
(c) property and building disputes;
(d) professional negligence claims; and
(e) any claim which would normally be allocated to the fast track, but is nonetheless complex
The complexity band to which a claim will normally be assigned in the intermediate track is set out in Table 2.
Any claim where—
(a) only one issue is in dispute; and
(b) the trial is not expected to last longer than one day, including—
(i) personal injury claims where liability or quantum is in dispute;
(ii) non-personal injury road traffic claims; and
(iii) defended debt claims
When it has allocated a claim to a track, the court shall serve notice of allocation and, where applicable, assignment on every party.
(1) Subject to paragraphs (2) and (3), the court may on application or on its own initiative subsequently—
(a) reallocate a claim to a different track; or
(b) reassign a claim to a different complexity band.
(2) Where—
(a) a claim is allocated to the intermediate track; and
(b) directions in respect of that claim have been given,
the court may only reallocate the claim where it decides that there are exceptional reasons to justify doing so.
(3) The court may only reassign a claim to a different complexity band, where—
(a) there has been a change in circumstances since a direction was made assigning the claim to a particular complexity band; and
(b) the court decides the change in circumstances justifies reassignment.
(1) An application for a claim, other than a claim for libel and slander, to be tried with a jury must be made within 28 days of service of the defence.
(2) A claim for libel or slander must be tried by Judge alone, unless at the first case management conference a party applies for trial with a jury and the court makes an order to that effect.
This section contains general provisions about the management of cases allocated to the fast and intermediate tracks. Section II contains further provisions about the management of cases allocated to the fast track, other than for cases of noise induced hearing loss. Section III contains provisions about the management of noise induced hearing loss cases allocated to the fast track. Section IV contains further provisions about the management of cases allocated to the intermediate track.
(Part 27 sets out the procedure for claims allocated to the small claims track.)
(Part 29 sets out the procedure for claims allocated to the multi-track.)
(1) When it allocates a case to the fast track or intermediate track, the court shall give directions for the management of the case and set a timetable for the steps to be taken between the giving of the directions and the trial.
(2) When it gives directions, the court shall—
(a) make an order in relation to disclosure; and
(b) either—
(i) fix the trial date; or
(ii) fix a period, not exceeding 3 weeks, within which the trial is to take place.
(3) In claims within Section II and Section IV of this Part, other than in respect of claims which include a claim for personal injury, the court shall decide, having regard to the overriding objective and the need to limit disclosure to that which is necessary to deal with the case justly, which of the following orders to make in relation to disclosure—
(a) an order dispensing with disclosure;
(b) an order that a party disclose the documents on which it relies, and at the same time request any specific disclosure it requires from any other party;
(c) an order that directs, where practicable, the disclosure to be given by each party on an issue-by-issue basis;
(d) an order that each party disclose any documents which it is reasonable to suppose may contain information which enables that party to advance its own case or to damage that of any other party, or which leads to an enquiry which has either of those consequences;
(e) an order that a party give standard disclosure;
(f) any other order in relation to disclosure that the court considers appropriate.
(Rule 31.6 explains what is meant by standard disclosure.)
(4) Unless the court otherwise orders, disclosure under Section II and Section IV of this Part in respect of claims which include a claim for personal injury shall be standard disclosure.
(5) The trial date or trial period shall be specified in the notice of allocation.
(1) A party must apply to the court if they wish to vary any date which the court has fixed for—
(a) any case management conference;
(b) any pre-trial review;
(c) filing the pre-trial check list;
(d) the trial; or
(e) the trial period.
(2) Any date set by the court or these Rules for doing any act may not be varied by the parties if the variation would make it necessary to vary any of the dates mentioned in paragraph (1).
(Rule 2.11 allows the parties to vary a date by written agreement except where the rules provide otherwise or the court orders otherwise.)
(1) The court shall send the parties a pre-trial check list (listing questionnaire) for completion and return by the date specified in the notice of allocation unless it considers that the claim can proceed to trial without the need for a pre-trial check list.
(2) The date specified for filing a pre-trial check list shall not be more than 8 weeks before the trial date or the beginning of the trial period.
(3) If no party files the completed pre-trial check list by the date specified, the court shall order that unless a completed pre-trial check list is filed within 7 days from service of that order, the claim, defence and any counterclaim shall be struck out without further order of the court.
(4) If—
(a) a party files a completed pre-trial check list but another party does not;
(b) a party has failed to give all the information requested by the pre-trial check list; or
(c) the court considers that a hearing is necessary to enable it to decide what directions to give in order to complete preparation of the case for trial,
the court may give such directions as it thinks appropriate.
(1) As soon as practicable after the date specified for filing a completed pre-trial check list the court shall—
(a) fix the date for the trial, unless it has already done so;
(b) give any directions for the trial, including a trial timetable, which it considers appropriate; and
(c) specify any further steps that need to be taken before trial.
(2) The court shall give the parties at least 3 weeks’ notice of the date of the trial unless, in exceptional circumstances, the court directs that shorter notice be given.
Unless the trial judge otherwise directs, the trial shall be conducted in accordance with any order previously made.
(1) The matters to be dealt with by directions under rule 28.2(1) include—
(a) disclosure of documents;
(b) service of witness statements; and
(c) expert evidence.
(Rules 28.2(3) and (4) deal with orders for disclosure.)
(Rule 26.9(6) deals with limitations in relation to expert evidence and the likely length of trial in fast track cases.)
(2) Directions to be given under rule 28.2(1) shall be in the form set out at http://www.justice.gov.uk/courts/procedure-rules/civil , unless the court orders otherwise.
The court’s power to award costs is limited in accordance with Section VI and Section IX of Part 45.
Directions to be given under rule 28.2(1) shall be in the form set out at http://www.justice.gov.uk/courts/procedure-rules/civil , unless the court orders otherwise.
(1) The court may order a preliminary trial on limitation if satisfied that it is necessary in the interests of justice to do so.
(2) If any party seeks a direction for a preliminary trial on limitation, this must be identified in that party’s directions questionnaire.
(3) Where a preliminary trial on limitation is ordered in respect of one or more, but not all, defendants, the claims against all the other defendants shall be stayed until determination of the preliminary issue.
The Civil Procedure (Amendment No. 2) Rules 2023 (legislation.gov.uk, OGL v3.0). Retrieved via LawPlayer, https://lawplayer.com/uk/act/uksi-2023-572
Contains public sector information licensed under the Open Government Licence v3.0.
本頁資料來源：legislation.gov.uk (The National Archives)·整理提供：法律人 LawPlayer· lawplayer.com