HIS MAJESTY’S COURTS AND TRIBUNALS

CIVIL RULES OF
PROCEDURE
SECOND VERSION
March 2024

Authored by the Lord Mark of Marlow

PART 1—
THE OVERIDING OBJECTIVE
Contents of this Part
1.1 The overriding objective . . . . . . . . . . . . . . . . . . . . . . . 1
1.2 The duty of the participants in a civil case . . . . . . . . . . . . . 1

1.1 The overriding objective

(1) The overriding objective of this procedural code is that civil cases be dealt
with justly.
(2) Dealing with a civil case justly includes—
(a) ensuring all parties are treated equally;
(b) managing the case in a way that is proportional—
(i) to the money involved,
(ii) to the significance of the case, and
(iii) to the complexity of the issues; and
(c) ensuring the case is processed efficiently and fairly;
(d) giving the case a fair amount of the court’s time, while considering
other cases;
(e) enforcing adherence to rules, practice directions, and orders; and
(f) respecting the parties’ rights, especially under the Bill of Rights Act
2020.

1.2 The duty of the participants in a civil case

(1) Each participant, in the conduct of a case, must—
(a) prepare and conduct the case in accordance with the overriding ob-
jective;
(b) comply with these Rules and directions made by the court; and
(c) Immediately inform the court and all parties of any significant lapses
in following these Rules or the court’s directions.
(2) Anyone involved in any way with a civil case is considered a participant
for the purposes of this rule.

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PART 2—
UNDERSTANDING AND APPLYING THESE
RULES
Contents of this Part
2.1 When the Rules apply . . . . . . . . . . . . . . . . . . . . . . . . 2
2.2 Referencing these Rules . . . . . . . . . . . . . . . . . . . . . . . 2

2.1 When the Rules apply

(1) The Civil Procedure Rules apply in all civil cases in the High Court.
(2) These Rules apply on and after May 9, 2025.
(3) Civil cases initiated before May 9, 2025 shall not be subject to these Rules.

2.2 Referencing these Rules

(1) In applicable courts—
(a) references to ‘Civil Procedure Rules’ can be abbreviated as ‘CivPR’;
and
(b) references to a Part or rule can be abbreviated, e.g., ‘CivPR Part 3’
or ‘CivPR 3.5’.

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PART 3—
CASE MANAGEMENT
Contents of this Part
3.1 When this Part applies . . . . . . . . . . . . . . . . . . . . . . . . 3
3.2 The duty of the court . . . . . . . . . . . . . . . . . . . . . . . . 3
3.3 The duty of the parties . . . . . . . . . . . . . . . . . . . . . . . 3
3.4 The court’s case management powers . . . . . . . . . . . . . . . . 4
3.5 Application to change a direction . . . . . . . . . . . . . . . . . . 4
3.6 Application to change a time limit fixed by a direction . . . . . . 4
3.7 Court’s power to change requirements under this Part . . . . . . 4
3.8 Court’s power to make orders of its own initiative . . . . . . . . . 4
3.9 Power to strike out a statement of case . . . . . . . . . . . . . . . 5
3.10 General power to rectify procedural errors . . . . . . . . . . . . . 5
3.11 Readiness for trial . . . . . . . . . . . . . . . . . . . . . . . . . . 5
3.12 Conduct of a trial . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3.13 Application to stay case for abuse of process . . . . . . . . . . . . 6

3.1 When this Part applies

(1) This Part applies to the management of each civil case in the High Court
until the conclusion of that case.

3.2 The duty of the court

(1) The court must further the overriding objective by actively managing the
case.
(2) Active case management includes—
(a) quickly identifying key issues;
(b) setting a clear timetable early for case progress;
(c) monitoring case progress and adherence to directions;
(d) presenting evidence clearly and concisely, whether disputed or not;
and
(e) encouraging the participants to cooperate in the progression of the
case.

3.3 The duty of the parties

(1) Parties must help the court manage the case, with or without specific
directions, by—
(a) communicating early and throughout the case;
(b) through this communication, determining—
(i) likely pleas of guilty or not guilty,

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 (ii) agreements and disputes,
(iii) required information or materials and their purposes, and
(iv) responsibilities and timelines, without or, if necessary, with a
direction; and
(c) reporting these communications to the court.

3.4 The court’s case management powers

(1) The court can issue any direction or take any step to manage a case, as
long as it does not conflict with existing Acts of Parliament or these Rules.

3.5 Application to change a direction

(1) A party can request to change a court direction if—
(a) the court gave it without a hearing;
(b) the court gave it at a hearing in that party’s absence; or
(c) circumstances have changed.
(2) To request a change a court direction, a party must—
(a) apply promptly upon recognising the need; and
(b) notify other parties as soon as possible.

3.6 Application to change a time limit fixed by a direction

(1) Parties can agree to change a time limit set by the court if—
(a) the change does not significantly delay the case;
(b) the court has not prohibited such changes; and
(c) the court is informed promptly about the change.

3.7 Court’s power to change requirements under this Part

(1) The court may—
(a) change a time limit, even after it has passed and even if it is set under
this Part; and
(b) allow an application or representations to be made orally.
(2) A party that requires an extension of time must—
(a) apply when submitting the relevant application or statements; and
(b) explain the reason for the delay.

3.8 Court’s power to make orders of its own initiative

(1) The court can exercise its powers on its own or upon application unless
otherwise stated.
(2) If the court initiates an order, it may—

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 (a) allow affected parties to make representations; and
(b) specify how and when these representations should be made.
(3) If the court must give affected parties notice if it—
(a) plans to make an order on its own; or
(b) decides to hold a hearing for it.
(4) The court may make an order of its own initiative, without hearing the
parties or giving them an opportunity to make representations.
(5) Affected parties can apply to alter or stay an order made without hearing.
(6) Applications to change an order under this Part must be made—
(a) within the court-specified period; or
(b) within two (2) days after service, if no period is specified.
(7) If the court dismisses a case or application as totally without merit—
(a) it must record this in the order; and
(b) consider whether it is appropriate to make a civil restraint order. .

3.9 Power to strike out a statement of case

(1) References to a statement of a case include its parts.
(2) The court may strike out a statement of a case if said statement—
(a) has no reasonable grounds;
(b) is an abuse of process or obstructs justice; or
(c) fails to comply with rules or court orders.
(3) Upon striking out a statement of a case, the court may make related
orders.
(4) Where a claim is struck out and a similar claim is filed, the court can stay
the new claim until the first is resolved.
(5) This rule does not limit other powers to strike out a case.
(6) Where a claimant’s statement of case is struck out as totally without
merit—
(a) the court’s order must record that fact; and
(b) consider whether it is appropriate to make a civil restraint order.

3.10 General power to rectify procedural errors

(1) The court may order remedies for an error in such cases where the error—
(a) procedural; and
(b) does not invalidate proceedings, unless ordered by the court.

3.11 Readiness for trial

(1) In fulfilling the duty under rule 3.3, each party must—

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 (a) comply with directions given by the court;
(b) ensure their witnesses are ready and available;
(c) arrange to present any necessary materials; and
(d) promptly inform the court and other parties about any significant
issues affecting the case’s progress.

3.12 Conduct of a trial

(1) In order to manage the trial, the court—
(a) must identify disputed issues with help from the parties;
(b) must ask parties to specify—
(i) witnesses to testify in person and their order,
(ii) need for compulsory attendance of a witness,
(iii) written evidence to be introduced,
(iv) written evidence to be introduced,
(v) other materials to be presented, and
(vi) any legal points affecting the trial; and
(c) may limit the duration of witness questioning and trial stages.

3.13 Application to stay case for abuse of process

(1) This rule applies when a respondent wants the court to stay the case,
claiming the proceedings are abusive or unfair.
(2) The respondent must—
(a) apply in writing—
(i) as soon as possible after recognising the grounds,
(ii) at a pre-trial hearing, unless the grounds arise during trial, and
(iii) before admitting liability or jury deliberation;
(b) serve the application on the court and all parties; and
(c) in the application—
(i) explain the application’s grounds,
(ii) include all supporting material,
(iii) detail relevant events, dates, and legal propositions, and
(iv) name any witnesses to be called.
(3) Parties wishing to respond must serve their representations on the court
and all parties.

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PART 4—
SERVICE OF DOCUMENTS
Contents of this Part
4.1 When this Part applies . . . . . . . . . . . . . . . . . . . . . . . . 7
4.2 Service of documents . . . . . . . . . . . . . . . . . . . . . . . . . 7
4.3 Proof of service . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
4.4 Court’s power to give directions about service . . . . . . . . . . . 7

4.1 When this Part applies

(1) This Part applies to the delivery (service) of all documents in cases to
which these Rules apply.

4.2 Service of documents

(1) A document may be served to—
(a) the recipient’s provided contact point; or
(b) their legal representative’s contact point.
(2) Every service must—
(a) enable the recipient to read, view, or listen to the content;
(b) allow the recipient to keep an electronic copy, unless the court says
otherwise; and
(c) notify the recipient of the document’s delivery.

4.3 Proof of service

(1) The service of a document can be confirmed by a certificate from the
person who delivered it, detailing how and when it was delivered.

4.4 Court’s power to give directions about service

(1) The court may specify both the time and date by which a document should
be delivered.
(2) A document may be considered delivered if the recipient responds to it,
even if it was not delivered according to these rules.

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PART 5—
FORMS AND COURT RECORDS
Contents of this Part
5.1 Form-based applications and notices . . . . . . . . . . . . . . . . 8
5.2 Duty to make records . . . . . . . . . . . . . . . . . . . . . . . . 8
5.3 Custody of case materials . . . . . . . . . . . . . . . . . . . . . . 8

5.1 Form-based applications and notices

(1) This rule applies where a rule or the court requires a person to—
(a) make an application or give notice;
(b) supply information for the purposes of case management by the court;
or
(c) supply information needed for other purposes by the court.
(2) Unless the court otherwise directs, all parties must use the appropriate
form as set out by the Lord Chief Justice, in accordance with these Rules.

5.2 Duty to make records

(1) For each case, as appropriate, the court must record—
(a) claims or complaints filed;
(b) judgments, orders, decrees, and rulings;
(c) acquittals, convictions, sentences, and orders;
(d) the presence or absence of parties at hearings;
(e) the decision of the respondent to waive any so-entitled rights, includ-
ing those under the Bill of Rights Act 2020;
(f) the identities of the claimant and respondent;
(h) the legal representatives of the parties; and
(i) the presiding judge’s decision.
(2) Records must include dates of events and decisions.

5.3 Custody of case materials

(1) The court may keep any evidence, applications, representations, or other
materials submitted by the parties for each case.

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PART 6—
THE CLAIM
Contents of this Part
6.1 How to start proceedings . . . . . . . . . . . . . . . . . . . . . . 9
6.2 Particulars of Claim . . . . . . . . . . . . . . . . . . . . . . . . . 9

6.1 How to start proceedings

(1) Proceedings begin when the court issues a claim form at the claimant’s
request.
(2) A claim form is issued on the date the court marks it.
(3) A single form may start all claims that can be conveniently handled to-
gether.
(4) Claims must follow the format set by the Lord Chief Justice unless the
court decides otherwise.
(5) The court must—
(a) endorse a court copy of the claim with—
(i) a note marking it as a copy, and
(ii) the claim’s service date; and
(b) ensure all parties receive a copy of the claim.

6.2 Particulars of Claim

(1) Particulars of claim must—
(a) be included with or served alongside the claim form; or
(b) be served to the respondent within three (3) days after the claim
form unless otherwise stated.
(2) Particulars of claim must be served on the respondent no later than the
latest time for serving a claim form.
(3) If the claimant serves particulars of claim, they must file a copy with the
court within one (1) day of serving the respondent, unless already filed.

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PART 7—
RESPONDING TO PARTICULARS OF CLAIM
Contents of this Part
7.1 Defence, admission or acknowledgement of service . . . . . . . . 10

7.1 Defence, admission or acknowledgement of service

(1) Upon receiving particulars of claim, a respondent may—
(a) file or serve an admission according to Part 9;
(b) file a defence as per Part 10; or
(c) do both if admitting only part of the claim.

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PART 8—
DEFAULT JUDGMENT
Contents of this Part
8.1 Meaning of “Default Judgment” . . . . . . . . . . . . . . . . . . 11
8.2 Conditions to be satisfied for Default Judgment . . . . . . . . . . 11

8.1 Meaning of “Default Judgment”

(1) ‘Default judgment’ refers to a judgment without trial when a respondent—
(a) fails to acknowledge claims; or
(b) fails to file a defence.

8.2 Conditions to be satisfied for Default Judgment

(1) A claimant may obtain default judgment if—
(a) the respondent has not filed an acknowledgement of service or a de-
fence; and
(b) the time for doing so has expired.
(2) Judgment in default of defence may be obtained only if, at the date on
which judgment is entered,—
(a) an acknowledgement of service has been filed but not a defence or a
counterclaim has been made under rule 10.5 but not a defence; and
(b) the time limit for filing a defence has expired.
(3) A claimant may not obtain a default judgment if—
(a) the respondent has applied for the claimant’s case to be struck out
or for summary judgment;
(b) the respondent has settled the claim in full, including costs; or
(c) the claim is for money and the respondent has filed an admission
with a payment proposal.

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PART 9—
ADMISSIONS
Contents of this Part
9.1 Admissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

9.1 Admissions
(1) A party may admit the truth of all or part of another party’s case.
(2) Admissions must be made—
(a) in writing, such as in a statement of case or letter; and
(b) before or during proceedings.
(3) A pre-action admission may be withdrawn by notice in writing—
(a) before proceedings start, with agreement from the admission’s recip-
ient; or
(b) after proceedings start, with consent from all parties or court per-
mission.
(4) After proceedings commence—
(a) any party may seek judgment based on a pre-action admission; and
(b) the party that made the admission may apply to withdraw it.
(5) Applications to withdraw a pre-action admission or enter judgment may
be made as a cross-application.

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PART 10—
DEFENCE AND REPLY
Contents of this Part
10.1 Filing a defence . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
10.2 Consequence of not filing a defence . . . . . . . . . . . . . . . . . 13
10.3 Period for filing a defence . . . . . . . . . . . . . . . . . . . . . . 13
10.4 Service of copy of defence . . . . . . . . . . . . . . . . . . . . . . 13
10.5 Making a counterclaim . . . . . . . . . . . . . . . . . . . . . . . . 13
10.6 Reply to defence . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

10.1 Filing a defence

(1) A respondent wishing to defend all or part of a claim must file a defence.

10.2 Consequence of not filing a defence

(1) If a respondent fails to file a defence, the claimant may obtain default
judgment if allowed by Part 8.

10.3 Period for filing a defence

(1) Generally, a defence should be filed—
(a) within a reasonable period, as specified by the court; or
(b) within two (2) days, if no period is specified.

10.4 Service of copy of defence

(1) A copy of the defence must be served on every other party.

10.5 Making a counterclaim

(1) A respondent wishing to make a counterclaim should refer to Part 13.

10.6 Reply to defence

(1) If a claimant wishes to reply to a defence, they must—
(a) file the reply with the court; and
(b) serve the reply on other parties simultaneously.

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PART 11—
STATEMENTS OF CASE
Contents of this Part
11.1 Contents of the claim form . . . . . . . . . . . . . . . . . . . . . 14
11.2 Contents of the particulars of claim . . . . . . . . . . . . . . . . . 14
11.3 Content of the defence . . . . . . . . . . . . . . . . . . . . . . . . 15
11.4 Reply to defence . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

11.1 Contents of the claim form

(1) The claim form must—
(a) include a concise statement of the claim’s nature;
(b) specify the sought remedy;
(c) state the value if it is a monetary claim; and
(d) contain any other information or details as required by these Rules
or by the court.
(2) In proceedings against the Crown, the claim form must also include—
(a) names of relevant government departments and officers; and
(b) brief details of circumstances leading to the Crown’s liability.
(3) If the claimant is claiming in a representative capacity, the claim form
must state said capacity.
(4) If the respondent is sued in a representative capacity, the claim form must
state said capacity.
(5) The court may grant any entitled remedy, even if not specified in the claim
form.

11.2 Contents of the particulars of claim

(1) Particulars of claim must include—
(a) a concise statement of the facts;
(b) a statement, if seeking interest, with detailed grounds;
(c) a statement, if seeking aggravated or exemplary damages, with grounds;
(d) a statement, if seeking provisional damages, with grounds; and
(e) any other information or details as required by these Rules or by the
court.
(2) If seeking interest, the claimant must state—
(a) the basis for interest (contractual, statutory, or other); and
(b) details for a specified money claim, including rate, period, total in-
terest, and daily accrual rate.

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11.3 Content of the defence
(1) In the defence, the respondent must state—
(a) which allegations are denied;
(b) which allegations they are unable to admit or deny, but which they
require the claimant to prove; and
(c) which allegations are admitted.
(2) When denying an allegation, the respondent must state the reasons and,
if different, own version of events.
(3) Where the respondent fails to address an allegation, but has set out in
their defence the nature of his case in relation to the issue to which that
allegation is relevant, it shall imply a requirement for proof.
(4) In money claims, where the respondent fails to deal with an allegation, it
shall imply a requirement for proof.
(5) Unless otherwise specified, failure to address an allegation implies admis-
sion.
(6) If disputing claim value, the respondent must state reasons and, if possible,
provide own value estimation.
(7) If defending in a representative capacity, the defence must state said ca-
pacity.

11.4 Reply to defence

(1) Where a claimant chooses not to file a reply to the defence, it shall not
imply admission of defence matters.
(2) Where the claimant fails to address a matter in a filed reply, it shall imply
a requirement for proof.

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PART 12—
AMENDMENTS TO STATEMENTS OF CASE
Contents of this Part
12.1 Amendments to statements of case . . . . . . . . . . . . . . . . . 16
12.2 Power of court to disallow amendments made without permission 16
12.3 Amendments to statements of case with the permission of the court 16

12.1 Amendments to statements of case

(1) A party can amend their statement of case before serving it on any other
party.
(2) After service, a party may amend their statement of case only if—
(a) all other parties consent in writing; or
(b) the court grants permission.
(3) To amend a statement of case by adding, removing, or substituting a party,
an application to the court must be made.

12.2 Power of court to disallow amendments made with-

out permission
(1) The court may disallow an amendment made without required permission.
(2) A party can apply to the court to disallow such an amendment within one
(1) day of receiving the amended statement.

12.3 Amendments to statements of case with the permis-

sion of the court
(1) When the court permits an amendment, it may direct—
(a) adjustments to other statements of case; and
(b) the service of any amended statement of case.

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PART 13—
COUNTERCLAIMS AND OTHER ADDITIONAL
CLAIMS
Contents of this Part
13.1 Purpose of this Part . . . . . . . . . . . . . . . . . . . . . . . . . 17
13.2 Scope and interpretation . . . . . . . . . . . . . . . . . . . . . . . 17
13.3 Respondent’s counterclaim against the claimant . . . . . . . . . . 17
13.4 Counterclaim against a person other than the claimant . . . . . . 17
13.5 Procedure for making any other additional claim . . . . . . . . . 18

13.1 Purpose of this Part

(1) This Part aims to manage counterclaims and other additional claims ef-
fectively.

13.2 Scope and interpretation

(1) This Part applies to—
(a) counterclaims against the claimant or others;
(b) additional claims for contribution, indemnity, or other remedies; and
(c) any additional claims made by persons not originally parties.
(2) In these Rules—
(a) ‘additional claim’ refers to any claim other than the original claim
against the respondent; and
(b) ‘claimant’ or ‘respondent’ includes parties to additional claims, unless
specified otherwise.

13.3 Respondent’s counterclaim against the claimant

(1) A respondent can counterclaim against a claimant by filing particulars of
the counterclaim.
(2) A counterclaim can be made—
(a) without court permission if filed with the defence; or
(b) with court permission at other times.

13.4 Counterclaim against a person other than the claimant

(1) To counterclaim against someone other than the claimant, the respondent
must apply to the court to add them as a party.
(2) Applications for a counterclaim against a non-party may be made without
notice, unless directed otherwise by the court.
(3) The court shall give directions for case management when adding a party.

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13.5 Procedure for making any other additional claim
(1) This rule applies to all additional claims except counterclaims against
existing parties.
(2) An additional claim is made when the court issues the appropriate claim
form.
(3) Additional claims can be made—
(a) without court permission if issued before or with the defence; or
(b) with court permission at other times.
(4) Particulars of an additional claim must accompany the claim.
(5) Applications for permission to make an additional claim may be made
without notice, unless directed otherwise by the court.

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PART 14—
STATEMENTS OF TRUTH
Contents of this Part
14.1 Documents to be verified by a statement of truth . . . . . . . . . 19

14.1 Documents to be verified by a statement of truth

(1) A statement of truth is a statement where any of the following parties
believes the facts stated are true—
(a) the party presenting the document;
(b) the maker of a witness statement; or
(c) the signer of a certificate of service.
(2) The following documents must be verified by a statement of truth—
(a) a statement of case;
(b) a response complying with an order under rule 18.1 to provide further
information;
(c) a witness statement;
(d) a certificate of service; and
(e) any other document as required by these Rules.
(3) Amended statements of case need a statement of truth, unless the court
directs otherwise.
(4) Application notices used as evidence must be verified by a statement of
truth.
(5) If a litigation friend is involved, they must believe the facts in the docu-
ment are true.
(6) The statement of truth must be signed by—
(a) the party, their legal representation, or a litigation friend for state-
ments of case, responses, or applications; and
(b) the maker of the witness statement, in the case of a witness statement.
(7) Should a separate statement of truth exist, it must clearly identify the
document it verifies.
(8) A statement of truth in a statement of case can be made by—
(a) a non-party; or
(b) jointly by two parties.

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PART 15—
GENERAL RULES ABOUT APPLICATIONS FOR
COURT ORDERS
Contents of this Part
15.1 Meaning of ‘application notice’ and ‘respondent’ . . . . . . . . . 20
15.2 Application notice to be filed . . . . . . . . . . . . . . . . . . . . 20
15.3 Notice of an Application . . . . . . . . . . . . . . . . . . . . . . . 20
15.4 What an application notice must include . . . . . . . . . . . . . . 20

15.1 Meaning of ‘application notice’ and ‘respondent’

(1) In this Part—
(a) ‘application notice’ refers to a document where the applicant states
their intention to seek a court order; and
(b) ‘respondent’ means the person against whom the order is sought,
including others as directed by the court.

15.2 Application notice to be filed

(1) Generally, an applicant must file an application notice.
(2) An application can be made without an application notice if—
(a) allowed by these Rules; or
(b) the court waives the requirement.

15.3 Notice of an Application

(1) Generally, a copy of the application notice must be served on each respon-
dent.
(2) An application can be made without serving the notice if a rule or court
order permits it.

15.4 What an application notice must include

(1) An application notice must state—
(a) the order the applicant seeks; and
(b) briefly, the reasons for seeking the order.

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PART 16—
SUMMARY JUDGMENT
Contents of this Part
16.1 Scope of this Part . . . . . . . . . . . . . . . . . . . . . . . . . . 21
16.2 Grounds for summary judgment . . . . . . . . . . . . . . . . . . . 21
16.3 Types of proceedings in which summary judgment is available . . 21
16.4 Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
16.5 Evidence for the purposes of a summary judgment hearing . . . . 21

16.1 Scope of this Part

(1) This Part outlines the procedure for the court to decide a claim or an issue
without a trial.

16.2 Grounds for summary judgment

(1) The court may grant summary judgment if—
(a) it believes there is no real prospect of the claimant succeeding or the
respondent defending; and
(b) there is no compelling reason for a trial.

16.3 Types of proceedings in which summary judgment is

available
(1) Summary judgment is available against a claimant in all types of proceed-
ings.
(2) Summary judgment is also available against a respondent in all types of
proceedings.

16.4 Procedure
(1) A claimant may apply for summary judgment after the respondent has
filed a defence unless the court or a rule directs otherwise.
(2) A respondent does not need to file a defence before the hearing if the
claimant has applied for summary judgment preceding the filing of a de-
fence.
(3) Notice of at least two (2) days must be given for a summary judgment
hearing, detailing the hearing date and issues.

16.5 Evidence for the purposes of a summary judgment

hearing
(1) Parties wanting to use written evidence at the hearing must—

21
(a) file the evidence; and
(b) serve it to all parties at least one (1) day before the hearing.

22
PART 17—
DISCLOSURE
Contents of this Part
17.1 Scope of this Part . . . . . . . . . . . . . . . . . . . . . . . . . . 23
17.2 Meaning of disclosure . . . . . . . . . . . . . . . . . . . . . . . . 23
17.3 Disclosure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
17.4 Standard disclosure—what documents are to be disclosed . . . . 23
17.5 Procedure for standard disclosure . . . . . . . . . . . . . . . . . . 24
17.6 Duty of disclosure continues during proceedings . . . . . . . . . . 24
17.7 Documents referred to in statements of case, etc. . . . . . . . . . 24
17.8 Claim to withhold inspection or disclosure of a document . . . . 24
17.9 False disclosure statements . . . . . . . . . . . . . . . . . . . . . 25
17.10Standard of Evidence . . . . . . . . . . . . . . . . . . . . . . . . . 25

17.1 Scope of this Part

(1) This Part outlines rules for the disclosure and inspection of documents.

17.2 Meaning of disclosure

(1) A party discloses a document by stating its existence or past existence.

17.3 Disclosure
(1) Unless the court orders otherwise, all rules under this Part apply to all
claims except personal injury claims.
(2) In claims where rule 17.3(1) does not apply—
(a) orders for disclosure usually mean standard disclosure;
(b) the court may limit or dispense with standard disclosure; and
(c) parties may agree to limit or dispense with standard disclosure.
(3) Court-approved party proposals for disclosure scope can be made without
a hearing.

17.4 Standard disclosure—what documents are to be dis-

closed
(1) Standard disclosure requires disclosing—
(a) documents relied upon;
(b) documents affecting any party’s case positively or negatively; and
(c) documents required by relevant practice directions.

23
17.5 Procedure for standard disclosure
(1) Standard disclosure procedure involves—
(a) parties making and serving a list of documents;
(b) listing documents concisely and conveniently;
(c) indicating documents withheld and their status; and
(d) including a disclosure statement in the list.
(2) The disclosure statement must—
(a) detail the search extent; and
(b) certify understanding and compliance with disclosure duty.
(3) For companies, institutions or organisations, the statement must also iden-
tify and justify the person making it.
(4) Parties can agree to disclose without a list or disclosure statement.
(5) Non-parties can make a disclosure statement if permitted by a rule.

17.6 Duty of disclosure continues during proceedings

(1) The duty of disclosure continues throughout the proceedings.
(2) If new relevant documents come to a party’s attention, they must imme-
diately notify all other parties.

17.7 Documents referred to in statements of case, etc.

(1) A party may inspect documents mentioned in—
(a) a statement of case;
(b) a witness statement;
(c) a witness summary; or
(d) an affidavit.
(2) Subject to rule 17.5, a party can seek court orders for inspecting docu-
ments mentioned in an expert’s report that have not been disclosed.

17.8 Claim to withhold inspection or disclosure of a doc-

ument
(1) A party may apply to withhold disclosure of a document if it would damage
the public interest.
(2) Unless the court decides otherwise, such an order—
(a) must not be served on others; and
(b) is not open for inspection.
(3) To claim the right or duty to withhold a document, a written statement
is required stating—
(a) the claim of such right or duty; and

24
 (b) the grounds for the claim.
(4) This statement must be included—
(a) in the list where the document is disclosed; or
(b) given directly to the requesting party if there is no list.
(5) Parties may apply to the court to verify the validity of a withholding
claim.
(6) For such applications, the court may—
(a) require the document’s production; and
(b) invite representations from any person.
(7) Applications must be supported by evidence.
(8) This Part does not override other Acts of Parliament allowing or requiring
the withholding of documents for public interest.

17.9 False disclosure statements

(1) Contempt of court proceedings can be brought against anyone who makes,
or causes to be made, a false disclosure statement without believing in its
truth.

17.10 Standard of Evidence

(1) In order to ensure the authenticity and reliability of evidence presented in
court—
(a) all written evidence must be submitted as Google Docs, with links
to these documents shared alongside other evidence;
(b) image evidence must be uploaded to a designated Google Drive folder,
with the link to this folder shared within the disclosure; and
(c) video evidence must be submitted through—
(i) hosting on a permanent video hosting website, such as YouTube
or medal.tv, with the link within the disclosure; or
(ii) uploading to the same Google Drive folder used for image evi-
dence, ensuring that both image and video materials are acces-
sible through a single shared link.
(2) Ownership of evidence is crucial for its admissibility, with evidence in-
cluded in—
(a) the claimant disclosure being owned by the claimant or their legal
representatives; and
(b) the respondent disclosure being owned by the respondent or their
legal representatives.
(3) The submission of evidence owned by third parties is strictly prohibited,
ensuring that all materials presented are directly under the control of the
presenting party.

25
PART 18—
WRITTEN WITNESS STATEMENTS
Contents of this Part
18.1 When this Part applies . . . . . . . . . . . . . . . . . . . . . . . . 26
18.2 Content of a written witness statement . . . . . . . . . . . . . . . 26
18.3 Reference to exhibits . . . . . . . . . . . . . . . . . . . . . . . . . 26
18.4 Use of written witness statement as evidence . . . . . . . . . . . 26

18.1 When this Part applies

(1) This Part applies where a party intends to use a written witness statement
as evidence in a case.

18.2 Content of a written witness statement

(1) A written witness statement must include—
(a) the witness’s username at the beginning;
(b) a declaration by the witness confirming that the they believe the
information in the statement is true, to the best of their knowledge
and belief; and
(c) the signature of the witness.

18.3 Reference to exhibits

(1) If the statement refers to any documents or objects as exhibits, they must
be clearly identified within the statement.

18.4 Use of written witness statement as evidence

(1) To introduce a written witness statement as evidence, a party must—
(a) serve a copy of the statement on the court and all other parties
involved before the hearing; and
(b) clearly mark any sections of the statement that they rely upon, if not
relying on the entire statement.
(2) The court has the authority to require the witness to provide evidence in
person, either upon a request from any party or at its own discretion.

26
PART 19—
EVIDENCE
Contents of this Part
19.1 Power of the court to control evidence . . . . . . . . . . . . . . . 27
19.2 Evidence of witnesses—general rule . . . . . . . . . . . . . . . . . 27
19.3 Order for cross-examination . . . . . . . . . . . . . . . . . . . . . 27
19.4 False statements . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
19.5 Affidavit evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

19.1 Power of the court to control evidence

(1) The court has the authority to direct the evidence process by specifying—
(a) the issues that require evidence;
(b) the type of evidence needed for those issues; and
(c) how the evidence should be presented to the court.
(2) The court may—
(a) exclude otherwise admissible evidence; and
(b) limit the extent of cross-examination.

19.2 Evidence of witnesses—general rule

(1) The standard method for proving facts through witnesses is—
(a) by their oral evidence in public during a trial; and
(b) by their written evidence at other hearings.
(2) This rule is subject to any specific provisions in these Rules or through
court orders.
(3) The court can issue directions regarding—
(a) the issues that factual evidence should address;
(b) the identification of permissible witnesses or admissible written evi-
dence; and
(c) the length and format of witness statements.

19.3 Order for cross-examination

(1) At non-trial hearings where evidence is in writing, any party can request
permission to cross-examine the person providing the evidence.
(2) If the court allows cross-examination but the individual does not attend
as required, their evidence may be excluded unless the court permits its
use.

27
19.4 False statements
(1) A person may face contempt of court proceedings if they make a false
statement in a document verified by a statement of truth, without believ-
ing in its truth.

19.5 Affidavit evidence

(1) Evidence must be provided through an affidavit if required by the court,
other rules, or an Act of Parliament.
(2) Witnesses may give evidence via affidavit at hearings other than trials.

28
PART 20—
OFFERS TO SETTLE
Contents of this Part
20.1 Scope of this Part . . . . . . . . . . . . . . . . . . . . . . . . . . 29
20.2 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
20.3 Application of Part 20 to appeals . . . . . . . . . . . . . . . . . . 29
20.4 Form and content of a Part 20 offer . . . . . . . . . . . . . . . . . 30
20.5 Part 20 offers—respondent’s offer . . . . . . . . . . . . . . . . . . 30
20.6 Clarification of a Part 20 offer . . . . . . . . . . . . . . . . . . . . 30
20.7 Withdrawing or changing the terms of a Part 20 offer generally . 30
20.8 Withdrawing or changing the terms of a Part 20 offer before the
expiry of the relevant period . . . . . . . . . . . . . . . . . . . . . 31
20.9 Acceptance of a Part 20 offer . . . . . . . . . . . . . . . . . . . . 31

20.1 Scope of this Part

(1) This Part presents a self-contained procedural code about offers to settle,
which shall be known as “Part 20 offers”.

20.2 Definitions
(1) In this Part—
(a) ‘offeror’ shall refer to the party making the offer;
(b) ‘offeree’ shall refer to the party to whom the offer is made;
(c) ‘trial’ shall refer to any trial in a case, including liability, quantum,
or other issues;
(d) ‘trial in progress’ shall refer to the a case from its start until judgment
is given or handed down;
(e) ‘case decided’ shall refer to the point when all issues are resolved,
possibly across multiple trials;
(f) ‘trial judge’ shall refer to the pre-allocated presiding judge for a trial;
and
(g) ‘relevant period’ shall refer to the specified time under rule 20.5(1)(c)
or as agreed by the parties.

20.3 Application of Part 20 to appeals

(2) Terms are redefined where a Part 20 offer is made in appeal proceedings
as follows—
(a) ‘Claim’ becomes ‘Appeal’;
(b) ‘Counterclaim’ becomes ‘Cross-appeal’;
(c) ‘Case’ becomes ‘Appeal proceedings’;

29
 (d) ‘Claimant’ becomes ‘Appellant’;
(e) ‘Respondent’ becomes ‘Respondent’;
(f) ‘Trial’ becomes ‘Appeal hearing’; and
(g) ‘Trial Judge’ becomes ‘Appeal judge’.

20.4 Form and content of a Part 20 offer

(1) A Part 20 offer must—
(a) be in writing;
(b) indicate it is made under Part 20;
(c) specify a period (not less than three (3) days) for the respondent’s
liability for costs if accepted;
(d) state its applicability to the whole or part of the claim or a specific
issue; and
(e) mention any consideration of a counterclaim.
(2) The offer’s specification of the period is not required if made less than
three (3) days before trial.

20.5 Part 20 offers—respondent’s offer

(1) A respondent’s Part 20 offer to settle a claim must be for a single sum of
money.
(2) Offers including delayed payment terms are not considered Part 20 offers
unless accepted by the offeree.

20.6 Clarification of a Part 20 offer

(1) The offeree may request clarification of the offer within three (3) days of
its making.
(2) If the offeror does not clarify within one (1) day of the request, the offeree
may apply for a court order for clarification.
(3) The court may specify a new date for the Part 20 offer if it orders clarifi-
cation.

20.7 Withdrawing or changing the terms of a Part 20 offer

generally
(1) A Part 20 offer can be withdrawn or changed only if not already accepted.
(2) Withdrawal or change is done by serving written notice on the offeree.
(3) The notice takes effect upon being served, subject to rule 20.8.
(4) After the relevant period—
(a) the offeror can withdraw or change the offer without court permission;
or
(b) the offer can automatically withdraw as per its terms.

30
 (5) An improved offer is treated as a new Part 20 offer and not as a withdrawal
of the original offer.

20.8 Withdrawing or changing the terms of a Part 20 offer

before the expiry of the relevant period
(1) This rule applies when notice is served before the expiry of the relevant
period.
(2) The offeror’s notice has effect—
(a) after the relevant period if not accepted; or
(b) upon acceptance, unless the offeror applies to the court within one
(1) day of acceptance or before the first day of trial.
(3) The court may permit withdrawal or change if circumstances have changed.

20.9 Acceptance of a Part 20 offer

(1) Acceptance is made by serving written notice on the offeror.
(2) A Part 20 offer can be accepted at any time unless withdrawn, subject to
the court’s permission if a trial already is in progress.

31
PART 21—
DISCONTINUANCE
Contents of this Part
21.1 Scope of this Part . . . . . . . . . . . . . . . . . . . . . . . . . . 32
21.2 Right to discontinue claim . . . . . . . . . . . . . . . . . . . . . . 32
21.3 Procedure for discontinuing . . . . . . . . . . . . . . . . . . . . . 32
21.4 Right to apply to have notice of discontinuance set aside . . . . . 32
21.5 Discontinuance and subsequent proceedings . . . . . . . . . . . . 33

21.1 Scope of this Part

(1) This Part outlines the procedure for a claimant to discontinue all or part
of a claim.
(2) Where a claimant abandons one or more remedies but continues with
others, it shall not be treated as discontinuing all or part of a claim.

21.2 Right to discontinue claim

(1) A claimant may discontinue all or part of a claim at any time.
(2) Court permission is required for discontinuance if—
(a) an interim injunction is granted, or a party has given an undertaking
to the court;
(b) the claimant received an interim payment; or
(c) there are multiple claimants.
(3) Discontinuance may be granted against all or some respondents.

21.3 Procedure for discontinuing

(1) To discontinue all or part of a claim, the claimant, or their legal represen-
tative, must file and serve a notice of discontinuance.
(2) A notice of discontinuance must state that it has been served on all parties.
(3) Where the claimant needs the consent of some other party, a copy of the
necessary consent must be attached to the notice of discontinuance.
(4) Where there is more than one respondent, the notice of discontinuance
must specify against which respondents the claim is being discontinued.

21.4 Right to apply to have notice of discontinuance set

aside
(1) A respondent may apply to set aside the notice of discontinuance.
(2) The application must be made within two (2) days of service of the notice.

32
21.5 Discontinuance and subsequent proceedings
(1) A claimant shall require court permission to make another claim against
the same respondent if—
(a) the claim was discontinued after the respondent filed a defence; and
(b) the new claim arises from the same or substantially the same facts
as the discontinued claim.

33
PART 22—
JUDGMENTS AND ORDERS ETC.
Contents of this Part
22.1 Scope of this Part . . . . . . . . . . . . . . . . . . . . . . . . . . 34
22.2 Standard requirements . . . . . . . . . . . . . . . . . . . . . . . . 34
22.3 Drawing up and filing of judgments and orders . . . . . . . . . . 34
22.4 Service of judgments and orders . . . . . . . . . . . . . . . . . . . 35
22.5 Power to require judgment or order to be served on a party as
well as their legal representative . . . . . . . . . . . . . . . . . . . 35
22.6 Consent judgments and orders . . . . . . . . . . . . . . . . . . . 35
22.7 When judgment or order takes effect . . . . . . . . . . . . . . . . 35
22.8 Stay of execution and other relief . . . . . . . . . . . . . . . . . . 35
22.9 Who may apply to set aside or vary a judgment or order . . . . . 36
22.10Time for complying with a judgment or order . . . . . . . . . . . 36
22.11Correction of errors in judgments and orders . . . . . . . . . . . 36
22.12Declaratory Judgments . . . . . . . . . . . . . . . . . . . . . . . . 36

22.1 Scope of this Part

(1) This Part outlines rules about judgments and orders, generally applicable
unless other rules or directions specify otherwise.

22.2 Standard requirements

(1) Every judgment or order must state the username and title of the person
who made it, except in cases of default judgment, judgment on admission,
or a consent order.
(2) Judgments or orders must bear the date they are given and be sealed by
the court.

22.3 Drawing up and filing of judgments and orders

(1) Except for orders made by the court of its own initiative and unless the
court otherwise orders, every judgment or order made in claims proceeding
shall be drawn up by the involved parties.
(2) The court may require a party-drawn judgment or order to be checked or
require an agreed statement of terms.
(3) Party-drawn judgments or orders must be filed within one (1) day following
a court’s order or permission for its drawing, with other parties permitted
to file if there’s a delay.

34
22.4 Service of judgments and orders
(1) Where a party draws up a judgment or order, they must file copies for
court retention and service on parties; the court must serve a copy of it
on each party to the proceedings once sealed.
(2) Orders made outside of trial must be served on the applicant, respondent,
and others, where directed by the court.

22.5 Power to require judgment or order to be served on

a party as well as their legal representative
(1) The court may order a judgment or order to be served on a party in
addition to their legal representative, where applicable.

22.6 Consent judgments and orders

(1) This rule applies when all parties agree on the terms of a judgment or
order.
(2) A court officer may enter and seal an agreed judgment or order if it meets
specific criteria, including the parties’ agreement and the type of judgment
or order.
(3) Judgments and orders under rule 22.6(2) include only those for payment,
delivery of goods, dismissal or stay of proceedings, stay of enforcement of
judgment, setting aside default judgments, and discharge from liability.
(4) The process for drawing up and filing agreed judgments and orders is
similar to other judgments and orders.
(5) Where rule 22.6(2) does not apply, any party can apply for a judgment or
order in the agreed terms.
(6) The court can process such applications without a hearing.
(7) Agreed orders must be drawn up in the terms agreed, labeled ‘By Consent,’
and signed by the legal representatives or parties.

22.7 When judgment or order takes effect

(1) A judgment or order shall take effect from the day it is given or made, or
a later date as specified by the court.
(2) This applies to all judgments and orders.

22.8 Stay of execution and other relief

(1) A party against whom a judgment or order is made may apply for a stay
of execution or other relief based on events occurring after the judgment
or order.

35
22.9 Who may apply to set aside or vary a judgment or
order
(1) A non-party affected by a judgment or order can apply to have it set aside
or varied.

22.10 Time for complying with a judgment or order

(1) A party must comply with a monetary judgment or order within three
(3) days unless a different date is specified by the judgment, order, by a
different rule, or where a stay is granted.

22.11 Correction of errors in judgments and orders

(1) The court may correct omissions or mistakes in judgments or orders at
any time.
(2) Parties may also apply for corrections without notice.

22.12 Declaratory Judgments

(1) The court may issue binding declarations, regardless of whether any other
remedy is claimed.

36
PART 23—
RESERVED JUDGMENTS
Contents of this Part
23.1 Scope and interpretation . . . . . . . . . . . . . . . . . . . . . . . 37
23.2 Availability of reserved judgments before handing down . . . . . 37
23.3 Corrections to the draft judgment . . . . . . . . . . . . . . . . . 38
23.4 Orders consequential on judgment . . . . . . . . . . . . . . . . . 38
23.5 Attendance at handing down . . . . . . . . . . . . . . . . . . . . 38

23.1 Scope and interpretation

(1) This Part applies to all reserved judgments intended to be handed down
in writing.
(2) In this Party—
(a) ‘relevant court office’ is the court office where judgment is given; and
(b) ‘working day’ refers to days when the relevant court office is open.

23.2 Availability of reserved judgments before handing

down
(1) presiding judges may seek parties’ legal representatives’ input on arrange-
ments for handing down judgments.
(2) Provisions under this rule apply for non-confidential judgments, except
where directed otherwise by the court.
(3) Parties’ legal representatives shall receive draft judgments in advance.
(4) Parties may receive copies draft judgments confidentially, provided that—
(a) neither the draft judgment nor its substance is disclosed to any other
person or used in the public domain; and
(b) no action is taken (other than internally) in response to the draft
judgment, before the judgment is handed down.
(5) Electronic distribution of draft judgments to parties by their legal repre-
sentatives shall be permitted.
(6) Draft judgments may be confidentially shared within organisations like
partnerships, companies, or government departments, provided that all
reasonable steps are taken to preserve its confidential nature.
(7) If the parties or their legal representatives are in any doubt about the
persons to whom copies of the draft judgment may be distributed they
should seek clarification with the presiding judge.
(8) Breaches of confidentiality or obligations shall be considered contempt of
court.
(9) The case will be listed for judgment, and judgment handed down at the
appropriate time.

37
23.3 Corrections to the draft judgment
(1) Proposed corrections to the draft judgment should be communicated to
the presiding judge’s clerk with a copy to other parties, unless instructed
otherwise.

23.4 Orders consequential on judgment

(1) Parties should agree on orders consequential to the judgment following
the draft judgment circulation.
(2) Agreed-upon draft orders must be communicated to the presiding judge.
(3) A copy of a draft order must bear the case reference, the date of handing
down, and the username of the presiding judge.
(4) Applications for orders consequential on the judgment should be filed with
the presiding judge’s clerk at least six (6) hours before the judgement
handing down.
(5) Applications in appeal courts are usually determined without a hearing;
in other courts, they are determined at a hearing.

23.5 Attendance at handing down

(1) If no oral hearing is required for orders consequential on the judgment,
parties’ advocates need not attend the judgment handing down.

38
PART 24—
DEPOSITIONS
Contents of this Part
24.1 Orders for depositions . . . . . . . . . . . . . . . . . . . . . . . . 39

24.1 Orders for depositions

(1) A party may seek an order for the examination of a person on oath before
a judge, court examiner, or appointed individual.
(2) The party obtaining the order must—
(a) coordinate with the Lord Chief Justice’s Department; and
(b) provide necessary documents to the examiner.
(3) The deposition must always be recorded in writing by him or by an au-
thorised transcript bot.
(4) If not verbatim, the deposition must accurately reflect the deponent’s
statements, with key questions and answers recorded in detail.
(5) Objections to questions are to be documented with the nature and grounds
of the objection, any response, and the examiner’s opinion on the validity
of the objection.
(6) The court shall decide on the validity of objections.
(7) Documents and exhibits are marked by the examiner for identification and
preserved as directed.
(8) Examiners may clarify deponent’s answers and address arising matters.
(9) Non-attendance or refusal to comply by the deponent shall lead to a cer-
tificate of failure or refusal, including comments on conduct.
(10) The party who obtained the order must file this certificate with the court
and can apply for further orders regarding the deponent’s attendance.
(11) The court decides on appropriate actions, including orders against the
deponent.
(12) Wilful refusal to obey court orders shall lead to contempt of court pro-
ceedings.
(13) Depositions must be signed and amended as needed, endorsed with exam-
ination details, and filed with the court.

39