Civil Procedure Rules - Extracts
| Author | David Giles/Maurice Rifat |
| Pages | 161-177 |
Appendix 1
Civil Procedure Rules – Extracts
The glossary
2.2
(1) The glossary at the end of these Rules is a guide to the meaning of certain legal expressions used in the Rules, but is not to be taken as giving those expressions any meaning in the Rules which they do not have in the law generally.
(2) Subject to paragraph (3), words in these Rules which are included in the glossary are followed by‘(GL)’.
Interpretation
2.3
(1) In these Rules –
‘child’ has the meaning given by rule 21.1(2);
‘civil restraint order’ means an order restraining a party –
(a) from making any further applications in current proceedings (a limited civil restraint order);
(b) from issuing certain claims or making certain applications in specified courts (an extended civil restraint order); or
(c) from issuing any claim or making any application in specified courts (a general civil restraint order).
162 Vexatious Litigants and Civil Restraint Orders
‘claim for personal injuries’ means 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, and ‘personal injuries’ includes any disease and any impairment of a person’s physical or mental condition;
‘claimant’ means a person who makes a claim;
‘CCR’ is to be interpreted in accordance with Part 50;
‘court officer’ means a member of the court staff;
‘defendant’ means a person against whom a claim is made;
‘defendant's home court’ means –
(a) if the claim is proceeding in a county court, the county court for the district in which the defendant resides or carries on business; and
(b) if the claim is proceeding in the High Court, the district registry for the district in which the defendant resides or carries on business or, where there is no such district registry, the Royal Courts of Justice;
(Rule 6.23 provides for a party to give an address for service)
‘designated money claim’ means any claim which –
(a) is started in a county court under Part 7;
(b) is only a claim for either or both a specified amount of money or an unspecified amount of money; and
(c) is not a claim for which special procedures are provided in these rules;
‘filing’, in relation to a document, means delivering it, by post or otherwise, to the court office;
‘judge’ means, unless the context otherwise requires, a judge, Master or district judge or a person authorised to act as such;
‘jurisdiction’ means, unless the context requires otherwise, England and Wales and any part of the territorial waters of the United Kingdom adjoining England and Wales;
‘legal representative’ means a –
(a) barrister;
(b) solicitor;
(c) solicitor’s employee;
(d) manager of a body recognised under section 9 of the Administration of Justice Act 1985
(e) person who, for the purposes of the Legal Services Act 2007
who has been instructed to act for a party in relation to proceedings;
‘litigation friend’ has the meaning given by Part 21;
‘preferred court’ means, if the claim is proceeding in a county court, the county court the claimant has specified in practice form N1 as the court to which the proceedings should be transferred if necessary;
‘protected party’ has the meaning given by rule 21.1(2);
‘RSC’ is to be interpreted in accordance with Part 50;
‘statement of case’ –
(a) means a claim form, particulars of claim where these are not included in a claim form, defence, Part 20 claim, or reply to defence; and
164 Vexatious Litigants and Civil Restraint Orders
(b) includes any further information given in relation to them voluntarily or by court order under rule 18.1;
‘statement of value’ is to be interpreted in accordance with rule 16.3;
‘summary judgment’ is to be interpreted in accordance with Part 24.
(2) A reference to a ‘specialist list’ is a reference to a list(GL)
that has been designated as such by a rule or practice direction.
(3) Where the context requires, a reference to ‘the court’ means a reference to a particular county court, a district registry, or the Royal Courts of Justice.
Time
2.8
(1) This rule shows how to calculate any period of time for doing any act which is specified –
(a) by these Rules;
(b) by a practice direction; or
(c) by a judgment or order of the court.
(2) A period of time expressed as a number of days shall be computed as clear days.
(3) In this rule ‘clear days’ means that in computing the number of days –
(a) the day on which the period begins; and
(b) if the end of the period is defined by reference to an event, the day on which that event occurs
are not included.
Examples
(i) Notice of an application must be served at least 3 days before the hearing.
An application is to be heard on Friday 20 October.
The last date for service is Monday 16 October.
(ii) The court is to fix a date for a hearing.
The hearing must be at least 28 days after the date of notice.
If the court gives notice of the date of the hearing on 1 October, the earliest date for the hearing is 30 October.
(iii) Particulars of claim must be served within 14 days of service of the claim form.
The claim form is served on 2 October.
The last day for service of the particulars of claim is 16 October.
(4) Where the specified period –
(a) is 5 days or less; and
(b)...
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