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Civil Procedure (Volume 11 (2020), paras 1–496; Volume 12 (2020), paras 497–1206; Volume 12A (2020), paras 1207–1740)

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Civil Procedure (Volume 11 (2020), paras 1–496; Volume 12 (2020), paras 497–1206; Volume 12A (2020), paras 1207–1740)

If it's not in Halsbury's then it's not the law.

Covering every proposition of the law of England and Wales, however niche, Halsbury's Laws provides all your legal answers in a single source.

TAKE A FREE TRIAL

Civil Procedure (Volume 11 (2020), paras 1–496; Volume 12 (2020), paras 497–1206; Volume 12A (2020), paras 1207–1740)

1. Civil Procedural Law: Sources and Framework

13A. Rules for online procedure

13B. Content of Online Procedure Rules

13C. Online Procedure Rule Committee

13D. Changes to enactments in consequence of making Online Procedure Rules, etc

35. Decisions of the Court of Justice of the European Union.

38. Scottish and Irish decisions.

1. Nature of civil procedural law.

2. Civil and criminal procedural law.

3. Objectives of civil procedural law.

4. Meaning of 'practice and procedure'.

5. Right to a fair trial.

6. Provision to be made by Civil Procedure Rules.

7. The Civil Procedure Rule Committee.

8. Exercise of power to make civil procedure rules.

9. Practice directions made in accordance with statutory provision or otherwise.

10. The Civil Justice Council.

11. Changes to enactments in consequence of the making of civil procedure rules, etc.

12. General scheme and structure of the Civil Procedure Rules.

13. Application of the Civil Procedure Rules.

14. Sources generally.

15. Statute law.

16. History of rule-making powers.

17. Rules of court.

18. Practice directions.

19. Pre-action protocols.

20. Forms that supplement the Civil Procedure Rules.

21. Sources of court practice; Court guides.

22. Practice books.

23. Inherent jurisdiction of the court.

24. Judicial precedent.

25. Ratio decidendi.

26. Dicta.

27. Decisions on matters of fact.

28. Quantum of damages.

29. Supreme Court decisions.

30. Court of Appeal decisions.

31. Divisional Court decisions.

32. Decisions of co-ordinate courts.

33. Decisions followed for long time.

34. Precedent in other courts and tribunals.

36. European Court of Human Rights decisions.

37. Privy Council decisions.

39. Overseas decisions.

40. Reports of decisions as authorities.

2. Organisation of Proceedings in the Civil Courts

49. Judges of the County Court.

66. Provision for documents to be filed or sent to the court by facsimile or by other electronic means.

76. Requirements for Accountant General to accept deposit of funds.

77. Procedure for making deposit of funds in court.

79. Accountant General's duty to invest money deposited in court in an interest bearing account.

80. Accrual of interest on money deposited in court and invested in an interest bearing account.

81. Restrictions on Accountant General's duty to invest money deposited in court.

82. Investment of money paid into court in a foreign currency.

88. Requirement for authority before Accountant General makes payment out of funds in court.

89. Payment out of funds in court to representative of deceased person.

90. Payment of funeral expenses of person entitled to funds in court.

92. Payment out of money paid into court.

97. Transfer, disposal, etc, of funds in court treated as unclaimed.

105. Allocation of proceedings in the County Court between levels of judiciary and to particular judges.

41. The Central Office of the Senior Courts.

42. Business in the Central Office.

43. Conduct of Chancery business.

44. District registries of the High Court.

45. District Judges of the High Court.

46. Deputy District Judges.

47. Procedure in the district registries.

48. The County Court: in general.

50. District judges and deputy District Judges.

51. Offence of assaulting an officer of the County Court in the execution of his duty.

52. General provisions about documents used in court proceedings, etc.

53. Provisions about use of computer or other mechanical means for documents, notices, etc.

54. Court documents to be sealed on issue.

55. Preparation of documents for use in court proceedings.

56. Form of documents.

57. Filing of documents at court.

58. Supply of documents to new parties.

59. Registers of claims.

60. Signature of documents by computer or other mechanical means.

61. Admissibility of electronic signatures and related certificates.

62. Admissibility of electronic seals and related certificates.

63. Admissibility of electronic time stamps and related certificates.

64. Admissibility of electronic documents and related certificates.

65. Admissibility of communications or data sent by electronic registered delivery service and related certificates.

67. General power to authorise or facilitate use of electronic communications etc to give legal validity to documents or signatures.

68. Documents filed, lodged or held in any court office.

69. Power to make provision for the enrolment and engrossment of deeds and other instruments.

70. Supply of documents to Attorney General from court records.

71. Supply of documents from court records.

72. Fees payable in the Senior Courts, Family Court, County Court, and magistrates' courts.

73. The Accountant General and the Court Funds Office.

74. Power to make court funds rules.

75. Application of the court funds rules.

78. Common investment schemes for the purpose of investing funds in court.

83. Dealing with securities from the fund in court.

84. Accountant General's duty to provide information about funds in court.

85. Deposit and payment schedules.

86. Notification required where funds transferred between courts.

87. Charging orders and stop orders on funds in court.

93. Method for making payments from fund in court.

94. Application of funds in court dealt with before receipt of payment schedule.

95. Accountant General's refusal to make payment from a fund in court.

96. Transfer of funds in court to Official Custodian for Charities or appropriate body.

98. Distribution of business among Divisions of the High Court.

99. Choice of Division by claimant.

100. High Court business assigned to specially nominated judges.

101. Powers of judge, Master, District Judge or court officer to perform court functions and acts.

102. Allocation of proceedings in the High Court between levels of judiciary and to particular Masters.

103. Powers of judge, district judge and court officers to perform court functions and acts.

104. Avoidance of conflict of interest by fee-paid part-time judge of the County Court.

106. Power of County Court judge to refer matter for inquiry and report.

107. Sittings and vacations in the High Court.

108. Sittings in the County Court.

109. General power to make order transferring proceedings from one court to another.

110. Transfer of proceedings within the High Court.

111. Transfer of proceedings within the County Court.

112. Transfer of proceedings between High Court and the County Court.

113. Procedure on court making order to transfer proceedings.

114. Court's power to specify place to hold hearings without transfer.

115. Court's discretion as to place where it deals with cases.

116. Transfer of control of money held in court.

117. Transfer of claims relating to the application of competition law.

118. Consolidation of proceedings; in general.

Consultant Editor

4. Pre-commencement Procedures

131. Alternative dispute resolution (ADR) and the continuing encouragement to settle.

128. The pre-action conduct and protocols practice direction.

129. Objectives of pre-action conduct and the governing principle of proportionality.

130. Steps before issuing a claim at court.

132. Consequences of failure to comply with pre-action protocols or practice direction.

133. Statutory power to make order against likely parties for pre-action disclosure and production.

134. Statutory power to make order against person not a party for disclosure and production.

135. Common law jurisdiction to make order against non-parties for pre-action disclosure etc in order to identify wrongdoers.

136. Statutory power to make order against likely parties for pre-action inspection, preservation etc of evidence or property.

137. Offers to settle under the CPR before commencement of proceedings.

5. Commencement of Civil Proceedings

141. Proceedings whose commencement under the Civil Procedure Rules is restricted to the County Court.

143. The claim form as it applies to the Part 7 procedure.

178. Defence and reply in commercial proceedings.

198. Proceedings under the Terrorism, Prevention and Investigation Measures Act 2011 [and the National Security Act 2023].

138. Jurisdiction of the High Court and the County Court.

139. Allocation of proceedings that may be started in either the High Court or the County Court.

140. Proceedings whose commencement under the Civil Procedure Rules is restricted to the High Court.

142. Methods of beginning proceedings under the Civil Procedure Rules.

144. Fixed date and other claims.

145. Production centre for claims.

146. Proceedings are started when the court issues a claim form.

147. Right to use one claim form to start two or more claims.

148. Requirements for service of a claim form.

149. Particulars of claim.

150. Form for defence etc must be served with particulars of claim.

151. Extension of time for serving a claim form.

152. Application by defendant for service of claim form.

153. Acknowledgment of service and consequences of failure to acknowledge.

154. Applicability of alternative method of starting proceedings (the 'Part 8 procedure').

155. Modifications to the general rules where Part 8 procedure is followed.

156. The claim form as it applies to the Part 8 procedure.

157. Issue of claim form under the Part 8 procedure without naming defendants.

158. Filing and serving written evidence under the Part 8 procedure.

159. Evidence under the Part 8 procedure; in general.

160. Requirement for acknowledgment of service under the Part 8 procedure and consequences of failure to acknowledge.

161. Procedure where the defendant objects to use of the Part 8 procedure.

162. [Counterclaims and other additional claims] where the Part 8 procedure is used.

163. Managing the claim under the Part 8 procedure.

164. Specialist proceedings: scope.

165. The Business and Property Courts.

166. Commencing proceedings in the Business and Property Courts.

167. Specialist proceedings: probate, inheritance and presumption of death.

168. Application for declaration of presumed death.

169. Making of declaration of presumed death.

170. Effect of declaration of presumed death.

171. Declaration of presumed death may be varied or revoked.

172. Procedure for application for a declaration of presumed death or variation order.

173. Requirement for notice and advertisement of the application for a declaration of presumed death or variation order.

174. Intervention in proceedings on application for a declaration of presumed death or variation order.

175. Power to order non-party to provide information on question of whether missing person is alive or dead.

176. The Commercial Court.

177. Commencing proceedings in the Commercial Court.

179. Case management in the Commercial Court.

180. Disclosure in commercial proceedings.

181. Applications in commercial proceedings.

182. Trial in the Commercial Court.

183. Judgments and orders in the Commercial Court.

184. Powers of Commercial Court or judges in arbitration proceedings.

185. The circuit commercial courts.

186. The Technology and Construction Court.

187. Specialist proceedings: admiralty claims.

188. Specialist proceedings: arbitration claims.

189. Intellectual property claims.

190. Media and communications claims.

191. Applications for judicial review.

192. Possession claims.

193. Landlord and tenants claims and other claims related to land.

194. Claims relating to the administration of estates and trusts, and charity proceedings.

195. Proceedings relating to anti-social behaviour and harassment.

196. Provisions in support of criminal justice.

197. Proceedings under the Counter-Terrorism Act 2008, the Terrorist Asset-Freezing etc Act 2010 and the Sanctions and Anti-Money Laundering Act 2018.

199. Proceedings under the Counter-Terrorism and Security Act 2015.

200. Civil proceedings to which the Crown is a party.

201. Proceedings involving solicitors' money or papers, remuneration, or intervention in a solicitor's practice.

202. Procedure for court to appoint receiver under the Senior Courts Act 1981 or the County Courts Act 1984.

203. Proceedings for the recovery of increased penalty charges and amounts payable under an adjudication.

204. Procedure to be followed in contempt proceedings.

205. Applications made to the court for a writ of habeas corpus.

6. Allocation to Procedural Track

206. Allocation of defended cases to case management tracks.

207. Automatic transfer of money claims in the High Court to defendant's home court.

208. Circumstances in which money claims may be sent from one County Court hearing centre or court office to another.

209. Requirement for directions questionnaires to be served before allocation.

210. Serving of notice of proposed allocation and directions questionnaire.

211. Filing of documents required by notice of proposed allocation; consequences of failure to comply.

212. Stay of proceedings to allow for settlement of the case.

213. Procedure for allocation of claim to track.

214. General rule for allocation.

215. Claims normally allocated to the small claims track.

216. Claims normally allocated to the fast track.

217. Claims normally allocated to the multi-track.

218. Notice of allocation.

219. Re-allocation.

221. Application of other Parts of the Civil Procedure Rules to small claims.

222. Court's power to grant a final remedy.

223. Preparation for the small claim hearing.

224. Preliminary small claim hearing.

225. Conduct of the small claim hearing.

226. Experts.

227. Non-attendance of parties at a final hearing of a small claim.

228. Disposal of small claim without a hearing.

229. Setting judgment aside and re-hearing small claim.

231. Costs on the small claims track.

232. Scope of the procedural rules for cases allocated to the fast track.

233. Management of cases allocated to the fast track.

234. Procedure where party wishes to vary directions given for case allocated to the fast track.

235. Failure of party to comply with directions given for case allocated to the fast track.

236. Pre-trial check lists for cases allocated to the fast track.

237. The trial date and giving directions; conduct of fast track trial.

238. Fast track trial costs.

239. Scope of the procedural rules for cases allocated to the multi-track.

240. Case management of a claim that has been allocated to the multi-track.

241. Case management conference and pre-trial review of claim allocated to the multi-track.

246. Pre-trial review in a multi-track case.

247. The trial date and giving directions; conduct of multi-track trial.

249. Allocation and management of proceedings for determining the amount to be paid under a judgment or order.

220. Scope of the procedural rules for small claims.

230. Appeal where small claim dealt with in a party's absence or without a hearing.

242. Directions proposed by the parties for the management of a claim allocated to the multi-track.

243. Procedure where a party wishes to vary directions given for the management of a case allocated to the multi-track.

244. Failure of party to comply with directions given for case allocated to the multi-track.

245. Pre-trial check lists for cases allocated to the multi-track.

248. Trial costs on the multi-track.

3. Basic Procedural Provisions

119. Cause of action.

120. The Civil Procedure Rules: interpretation and Glossary.

121. Meaning of 'claim' etc in the Civil Procedure Rules.

122. General distinction between claims founded on contract or tort.

123. Meaning of references to the 'court'.

124. Meaning of 'party' in the Senior Courts Act 1981.

125. Calculation of time in the Civil Procedure Rules.

126. Expression of dates for compliance with court's time limits.

127. Meaning of 'month' in court judgments etc.

8. Responding to a Claim

313. Responding to particulars of claim by making an admission.

317. Responding by making an admission.

319. Admissions made before commencement of proceedings.

320. Making an admission after commencement of proceedings.

321. Withdrawal of admissions.

322. Period for making an admission after commencement of proceedings.

324. Admission by notice in writing; application for judgment.

325. Admission of whole of claim for specified amount of money.

326. Admission of part of a claim for a specified amount of money.

327. Admission of liability to pay whole of claim for unspecified amount of money.

328. Admission of liability to pay claim for unspecified amount of money where defendant offers a sum in satisfaction of the claim.

329. Request for time to pay admitted money claim.

330. Determination of rate of payment.

331. Right of re-determination of time and rate of payment determined originally without a hearing.

303. How a defendant may respond to particulars of claim.

304. Stay of claim that is neither defended nor admitted.

305. Filing of the acknowledgment of service.

306. Period for filing acknowledgment of service where claim form is served out and permission of the court was not required.

307. Consequence of not filing an acknowledgment of service.

308. Filing and serving a defence.

309. The period for filing a defence; in general.

310. Period for filing defence where claim form is served out and permission of the court was not required.

311. Consequence of not filing a defence.

312. Claimant's reply to notice of defence that money claimed has been paid.

314. How a defendant may respond under the Part 8 procedure.

315. Filing and service of acknowledgment of service under the Part 8 procedure.

316. Consequence of not filing and serving an acknowledgment of service.

318. Procedure where the defendant objects to use of the Part 8 procedure.

323. Period for filing an admission where claim form is served out and permission of the court was not required.

332. Defendant who wishes to make a counterclaim.

333. Procedure for disputing the court's jurisdiction.

9. Pleadings and Statements of Case

336. Contents of statement of case when relying upon the Human Rights Act 1998.

337. Contents of the claim form.

338. Statement of value to be included in the claim form.

357. Documents to be verified by a statement of truth.

358. Failure to verify a statement of case.

359. Failure to verify a witness statement.

360. Power of the court to require a document to be verified.

362. Application of Civil Procedure Rules to additional claims.

334. Meaning etc of 'statement of case'.

335. Court's power to dispense with statements of case.

339. Contents of the particulars of claim; in general.

340. Particular matters to be contained in particulars of claim.

341. Matters relied on which must be specifically set out in particulars of claim.

342. Particulars of claim based upon contract.

343. Particulars of personal injury claim.

344. Particulars of fatal accident claim.

345. Particulars of hire purchase claims.

345A. Particulars of claims for hire of replacement motor vehicle following a road traffic accident

346. Contents of defence; in general.

347. Contents of defence in personal injury claim.

348. Defence of tender before claim.

349. Defence of set-off.

350. Claimant's reply to defence.

351. Power to amend statements of case either before or after service.

352. Court's power to disallow amendments made without permission.

353. Application to amend statement of case with court's permission.

354. Application to amend statement of case where statutory period of limitation has expired.

355. Application for court to make order obtaining further information about any matter in dispute.

356. Restriction on the use of further information.

361. Counterclaims and other additional claims.

363. Defendant's counterclaim against the claimant.

364. Counterclaim against a person other than the claimant.

365. Defendant's claim for contribution or indemnity from co-defendant.

366. Procedure for making any other additional claim.

367. Separation of additional claim from main claim; relevant matters.

368. Service of claim form for additional claim.

369. Procedural steps on service of additional claim form on a non-party.

371. Case management where a defence to an additional claim is filed.

372. Grounds for striking out a counterclaim.

373. Stay of counterclaim on submission to arbitration.

374. Execution where judgment obtained on claim and counterclaim.

375. Offers and payments into court.

7. Service

250. Rules about service apply generally.

251. Methods of service of a claim form or other document.

252. Who is to serve the claim form.

253. Who is to serve documents other than the claim form.

254. Personal service of claim form and other documents.

255. Address for service of claim form.

256. Address for service of documents other than the claim form.

257. Service of the claim form or any other document on the Crown.

258. Service of the claim form by contractually agreed method.

259. Service of the claim form relating to a contract on an agent.

260. Service of claim form on children and protected parties.

261. Service of other documents on children and protected parties.

262. Service of legal documents in civil proceedings on members of the regular forces and United States Air Force.

263. Deemed service of claim form or any other document.

264. Service by an alternative method or at an alternative place.

265. Power of court to dispense with service.

266. Notice and certificate of service by court or claimant.

267. Notification by court of return or non-service of claim form.

268. General circumstances in which process of court may be served out of the jurisdiction.

269. Special provisions about service out of the jurisdiction.

270. Whether the court's permission is required for service out of the jurisdiction.

271. Service of claim form where permission of the court is not required: Scotland or Northern Ireland.

272. Service of claim form where permission of the court is not required: out of the United Kingdom.

273. Service out of the jurisdiction where the permission of the court is required.

274. Claim against defendant domiciled within the jurisdiction.

275. Claim for injunction.

276. Service on necessary or proper party to claim or additional claim.

277. Further claim against same defendant arising out of the same or closely connected facts.

278. Claim for interim remedies under the Civil Jurisdiction and Judgments Act 1982.

279. Claim in respect of a contract.

280. Claims made in tort.

281. Enforcement of judgments or arbitral awards.

282. Claims relating to property within the jurisdiction.

283. Claims about trusts.

284. Claims made in relation to administration of an estate.

285. Claims made in relation to probate.

286. Claims made in relation to constructive trusteeship or as trustee of a resulting trust.

287. Claims made for restitution.

288. Claims by HM Revenue and Customs for taxes or duties.

289. Claim for costs orders involving third parties.

290. Admiralty claims for salvage or under the Merchant Shipping Act 1995.

291. Claims made under statutes which allow proceedings to be brought.

292. Claims for breach of confidence or misuse of private information.

293. Application for permission to serve claim form out of jurisdiction.

294. Application for permission to serve documents other than claim form out of jurisdiction.

295. Method of service; general provisions.

296. Provision for service through foreign governments, judicial authorities and British Consular authorities.

297. Procedure where service is to be through foreign governments, judicial authorities and British Consular authorities.

298. Mode of service on foreign or Commonwealth state where court permits service out of the jurisdiction.

299. Translation of claim form or other document.

300. Undertaking to be responsible for expenses of the Foreign, Commonwealth and Development Office.

301. Proof of service where defendant does not appear.

302. Procedure for service of foreign process in England.

10. Set-off

376. Scope and significance of set-off.

377. Juridical nature of set-off is a matter of law for the courts.

378. Limitation periods may restrict use of the doctrine.

379. Abatement at common law.

380. Meaning of 'set-off'.

381. Distinction between abatement and set-off.

382. Distinction between set-off and counterclaim.

383. Distinction between set-off and payment.

384. Origins and nature of abatement.

385. Abatement and limitation.

386. The freight exception.

387. Time charters: a partial exception.

388. Carriage by land or air.

389. Bills of exchange.

390. Rent.

391. Contracting out from right to set off, deduct or abate.

392. The contemporary significance of the right of abatement.

393. Origin of the right.

394. Nature of the right.

395. Set-off generated by a claim based on a guarantee.

396. Claim upon an indemnity as the subject of a set-off.

397. Set-off between claims in different currencies.

398. Statutes of limitation.

399. Bankruptcy.

400. History of the right.

401. Nature of the right.

402. Analogy with set-off at common law.

403. Equitable set-off arising from agreement.

404. General equitable set-off.

405. Analogy with abatement.

406. Contracting out of right to deduct.

407. Contractual time-bar.

408. English statutes of limitation.

409. When set-off is available.

410. Set-off in Crown proceedings.

411. Set-off: waiver and estoppel.

412. Claims must arise in the same right.

413. Inalienable claims.

414. Debt due to or by the claimant jointly with others.

415. Debt due by or to the defendant jointly with others.

416. Set-off as affected by the character in which the claims are made.

417. Claims which may or may not be pleaded by way of set-off.

418. When the claim must arise.

419. Company winding up and bankruptcy.

420. Set-off of costs by solicitor.

421. Claim by disclosed principal or by agent.

422. Claim by undisclosed principal.

423. Mercantile agents.

424. Defendant contracting by broker.

425. Set-off between principal and agent.

426. Claims between insurance brokers and underwriters.

427. Set-off against assignee of chose (or thing) in action.

428. Set-off between bank and customer.

429. Customer's personal and joint accounts.

430. Claims by and against personal representatives.

431. Set-off against debts due from legatees.

432. Claims must exist in the same right.

433. Personal representative who is both debtor and creditor.

434. Set-off against claim of next of kin.

435. Set-off between trustee and trust estate.

436. Set-off between trustee and debtors to the trust estate.

437. Disputes involving spouses or civil partners.

438. Set-off against claims for rent.

439. Tenant's claims against landlord.

440. Assignment of reversion.

441. Proceedings between employer and employee.

442. Proceedings between employer and independent contractor.

443. Partner's joint and separate debts.

444. Firm acting as agent.

445. Debts owed by and to a firm.

446. Set-off against assignee of debt.

447. Set-off in relation to companies.

448. Solicitor's costs.

449. Claim against surety by third person.

450. Proceedings between surety and principal.

451. Claim against surety's securities.

452. Proceedings by holder of bill of exchange.

453. Procedure.

454. Set-off as separate action.

455. Counterclaim operating as set-off.

456. Pleading a set-off.

457. Facts alleged by way of defence, or set-off.

458. Striking out set-off.

459. Point of law in reply.

460. Form of judgment.

461. Where a party entitled to costs is also liable to pay costs.

11. Parties

477. Procedure for adding and substituting parties.

462. Parties generally.

463. Claimants generally.

464. Defendants generally.

465. The Crown.

466. The Attorney General's duty or right to intervene.

467. State immunities.

468. Children and protected parties.

469. Corporations.

470. Partnerships and firms.

471. Trustees in bankruptcy.

472. Trade unions, employers' associations and other unincorporated associations.

473. Number of parties to a claim.

474. Persons jointly entitled to a remedy.

475. Joinder of parties in the alternative.

476. Change of parties; in general.

478. Adding or substituting parties after the end of a relevant limitation period.

479. Addition of party for purposes of obtaining a costs order.

480. Removal of party by striking out statement of case.

481. Change or removal of solicitor acting for a party.

482. Where the person with an interest in a claim dies intestate.

483. Where the person against whom a claim could have been brought has died.

484. Representative parties with same interest.

485. Representation of interested persons who cannot be ascertained.

486. Representation of beneficiaries.

487. Representation of the sender or addressee of a postal packet.

488. Power to make judgments binding on non-parties.

489. Derivative claim by member of company, other body corporate, or trade union.

490. Group litigation orders.

491. Effect of the group litigation order.

492. Test claims.

493. Relator actions generally.

494. Exceptions to relator actions.

495. Civil proceedings order restricting civil proceedings by a vexatious litigant.

496. Civil restraint order restricting further applications by a person who has made applications which are totally without merit.

13. Case Management

500. The court's general powers of management.

499. Requirement for active case management.

501. Court officer's power to refer to a judge.

502. Court's power to make order of its own initiative.

503. Court's general power to control evidence.

504. Court's power to extend or shorten time.

505. Variation of time limits by parties.

506. Court's duty to encourage and facilitate the settlement or compromise of proceedings.

507. Court's powers to ensure compliance with the Civil Procedure Rules, practice directions, and court orders.

508. Court's power to make an order subject to conditions; an 'unless' order.

509. Power to strike out a statement of case.

510. Sanctions for non-payment of fees by either the claimant or defendant.

511. Court's sanctions where a cheque that is used to pay a fee is dishonoured.

512. Relief from consequences of non-compliance.

513. Sanctions have effect unless defaulting party applies for and obtains relief.

514. Relief from sanctions imposed for failure to comply.

515. General power of the court to rectify matters where there has been an error of procedure.

516. Court's powers to make civil restraint orders against a party to proceedings.

517. Court's power to make a limited civil restraint order.

518. Court's power to make an extended civil restraint order.

519. Court's power to make a general civil restraint order.

520. Court's powers to make civil proceedings orders against vexatious litigants.

14. Disposal of Proceedings without Trial

523. Court's power to strike out a statement of case.

529. Conditions to be satisfied for obtaining a default judgment.

538. Setting side or varying a default judgment as of right.

540. Procedure on an application to set aside or vary a default judgment.

542. Power to decide a claim or issue without a trial.

543. Procedure for obtaining summary judgment.

544. Evidence for the purposes of a summary judgment hearing.

545. Determination of a summary judgment application.

546. Setting aside or varying an order for summary judgment.

521. The disposal of proceedings without a trial.

522. Difference between the court striking out a statement of case and granting an application for summary judgment.

524. Court's power to dismiss claim for damages in respect of personal injury where claimant has been fundamentally dishonest.

525. Judgment without trial after striking out.

526. Setting aside judgment entered after striking out.

527. Striking out as sanction for non-payment of certain fees.

528. Meaning etc of 'default judgment'.

530. Procedure for obtaining default judgment.

531. Nature of judgment where default judgment obtained by filing a request.

532. Interest included in default judgment obtained by filing a request.

533. Procedure for deciding an amount or value.

534. Claim against more than one defendant.

535. Procedure for obtaining a default judgment for costs only.

536. Default judgment obtained by making an application.

537. Special provisions relating to default judgment on certain additional claims.

539. Setting side or varying of a default judgment by exercise of the court's discretion.

541. Abandoned claim is restored where default judgment is set aside.

15. Applications and Orders for Interim Remedies

548. Where to make an application.

549. Time for making an application.

550. The application notice; in general.

551. Giving notice of an application.

552. Applications which may be dealt with without a hearing.

553. Telephone hearings.

554. Application to stay claim where there are related criminal proceedings.

556. Application to set aside or vary order made without notice.

557. Court's power to proceed in the absence of a party.

547. General procedure for applications to the court.

555. Service of application where application made without notice.

558. Dismissal of applications totally without merit.

559. Orders for interim remedies.

560. Time when an order for an interim remedy may be made.

561. Application notice for an interim remedy.

562. Applications for an interim remedy made urgently or without notice.

563. Application for an interim remedy where there is no related claim.

564. Order for inspection, preservation etc of property of non-party.

565. Orders for the inspection or preservation etc of property.

566. Procedure for inspection of property before commencement or against a non-party.

567. Orders for a person to submit to inspection out of court.

568. Order that solicitor has ceased to act or for removal of solicitor who has ceased to act.

569. Interim payments; in general.

570. Interim payments; conditions to be satisfied and matters to be taken into account.

571. Compensation recovery payments.

572. Powers of court where it has made an order for interim payment.

573. Restriction on disclosure of an interim payment.

574. Principles upon which the court acts.

575. Threatened injury.

576. Serious question to be tried.

577. Balance of convenience.

578. Conduct of parties.

579. Acquiescence.

580. Assertion of claim.

581. When acquiescence is no bar.

582. Acquiescence by one of several claimants.

583. Delay.

584. Refusal of application in case of doubt.

585. Extent of restraint.

586. Undertakings.

587. Interim injunction ceasing if claim stayed or struck out.

588. Power to grant a freezing injunction.

589. Meaning of 'assets' to be included in the scope of a freezing injunction.

590. Principles relevant to the grant of a freezing injunction.

591. Guidelines for those who apply for a freezing injunction.

592. Undertakings by claimant.

593. Form and scope of order.

594. Granting a search order.

595. Pre-conditions for search order.

596. Executing a search order.

597. No notice of search order given.

598. Safeguards for the defendant.

599. Privilege against self-incrimination.

600. Property or defendant out of jurisdiction.

601. Effect of search order on defendant.

602. Undertaking as to damages.

603. Effect of undertaking as to damages.

604. Court cannot compel an undertaking to be given.

605. Undertaking by the Crown.

606. Who may give an undertaking.

607. Application for inquiry as to damages.

608. What damages will be awarded.

609. Suspending an injunction.

12. Overriding Objective of the Civil Procedure Rules

497. The overriding objective.

498. Giving effect to the overriding objective.

18. Evidence

704. Formal admissions.

776. Examiners of the court.

778. Conduct of examination.

784. Letter of request where a person to be examined is out of the jurisdiction.

680. Proof of facts.

681. Application of the law of evidence.

682. Other tribunals.

683. Law of the forum.

684. Content and application of Parts 32 to 35 of the Civil Procedure Rules.

685. Evidence in specialist proceedings.

686. In general.

687. The res gestae.

688. Exclusionary rules.

689. The residue of the best evidence rule.

690. Secondary evidence.

691. How secondary evidence may be given.

692. Hearsay.

693. Evidence wrongfully obtained.

694. Weight of evidence; in general.

695. Prima facie, sufficient and conclusive evidence.

696. Evidence of witnesses.

697. Meaning and general incidence of the burden of proof.

698. Incidence of the legal burden.

699. Incidence of the evidential burden.

700. Exceptions to the normal rules regarding incidence of a burden of proof.

701. The right to begin.

702. Evidence in rebuttal.

703. Standard of proof.

705. Notice to admit facts.

706. Notice to admit or produce documents.

707. Meaning of 'judicial notice'.

708. English law.

709. Custom and usage.

710. Practice.

711. Scots, Irish and foreign law.

712. The calendar; time.

713. Governments and Parliament.

714. State of war.

715. State and county divisions.

716. Notorious facts.

717. Official seals.

718. Official signatures and appointments.

719. Facts in issue.

720. Surrounding circumstances and the res gestae.

721. Classification of relevant facts.

825. Vulnerable or intimidated adult witnesses.

722. Facts logically probative.

723. Continuance of life and other facts.

724. Course of business.

725. Acts of ownership.

726. Acting in a public or private capacity.

727. Treatment of state of things as existing.

728. Conduct as an admission.

729. Proof of birth and death.

730. Proof of age.

731. Identity generally.

732. Proof of age.

733. How state of mind is proved.

734. Proof of knowledge.

735. Intention.

736. Mental capacity; state of mind.

737. Exclusion of similar facts.

738. Rule of exclusion.

739. In general.

740. Proof of foreign law; in general.

741. Proof of decisions of the European Court of Human Rights.

742. Mode of proof of foreign law.

743. Evidence of finding on question of foreign law.

744. The duty of the court.

745. Procedural law applicable.

746. Other methods of ascertaining overseas law.

747. Procedure to ascertain overseas law under statute.

748. Presumptions of fact.

749. Presumptions of law.

750. Irrebuttable presumptions of law.

751. Rebuttable presumption of innocence.

752. Presumptions of life and death.

753. Proof of life or death at a particular time.

754. Marriage and issue.

755. Legality and regularity.

756. When the presumption of regularity does not apply.

757. Unexplained circumstances and suppression of evidence.

758. Other presumptions.

759. Inspection in court.

760. View or inspection out of court.

761. Evidence of witnesses.

762. Evidence in proceedings other than at trial.

763. No notice of intention to rely on hearsay evidence required.

764. Form of witness statement.

765. Requirement to serve witness statements for use at trial.

766. Use at trial of witness statements which have been served.

767. Use of witness statements for other purposes.

768. Availability of witness statements for inspection.

769. Witness summaries.

770. Consequence of failure to serve witness statement or summary.

771. False statements.

772. Affidavit evidence.

773. Form of affidavit.

774. Filing of affidavits.

775. Evidence by deposition.

777. Examiners' fees and expenses.

779. Enforcing attendance of witness.

780. Procedure after conclusion of examination.

781. Use of deposition at hearing or trial.

782. Restrictions on subsequent use of deposition taken for the purpose of any hearing except the trial.

783. Examination before an examiner outside the jurisdiction.

785. Competent and incompetent witnesses.

786. Judge's duty.

787. Jurors, counsel etc.

788. Compellability.

789. Privileges of witnesses.

790. Judicial tribunals and jurors.

791. Confidential communications.

792. Parliamentary proceedings.

793. Incrimination of witnesses.

794. When a witness can refuse to answer.

795. Statutory exceptions.

796. Privilege from civil arrest.

797. Protection from proceedings in respect of the evidence given.

798. Obligation to attend.

799. Witness summonses.

800. Issue of a witness summons.

801. Issue of witness summons in aid of inferior court or tribunal.

802. Serving a witness summons.

803. Compelling attendance of witness who is out of the jurisdiction, but within the United Kingdom.

804. Attendance of prisoners.

805. Enforcing production of documents at trial.

806. Objection to production.

807. Production of documents before a hearing.

808. Witness's right to travelling expenses and compensation for loss of time.

809. Waiver of expenses.

810. Liability for expenses.

811. Penalty for neglecting or refusing to give evidence.

812. Claim for damages.

813. Power to order witnesses out of court.

814. When discretion is exercised.

910. Attendance of experts at trial.

815. Hearing in private.

816. Evidence on oath.

817. Validity of oaths.

818. Affirmations.

819. Statutory declarations.

820. Unsworn statements.

821. Persons empowered to administer oaths and take affidavits, etc.

822. Taking oaths etc out of the jurisdiction.

823. Expert witnesses.

824. Children.

825A. Victims of domestic abuse

826. Witnesses unable to communicate in spoken English.

827. Court's power to allow use of video link etc.

828. Video conferencing; general guidance.

829. Preliminary arrangements for video conferencing.

830. Examination of witnesses by video conferencing.

831. Oral evidence of witnesses.

832. Examination in chief; in general.

833. Previous consistent statements.

834. Reference to documents to refresh memory.

835. Production of the document at the trial.

836. When the document becomes evidence.

837. Time and scope of cross-examination.

838. Purpose of cross-examination.

839. Leading questions in cross-examination.

839A. Prohibition of cross-examination in person: victims of offences

839B. Prohibition of cross-examination in person: persons protected by injunctions

839C. Prohibition of cross-examination in person: evidence of domestic abuse

839E. Alternatives to cross-examination in person

840. Scope of re-examination.

841. Judge's power to question or call witnesses.

842. Contradicting own unfavourable witness.

843. Contradicting own hostile witness.

844. Previous convictions and inconsistent statements of opponent's witness.

845. Finality of answers of opponent's witness.

846. Calling evidence to discredit opponent's witness.

847. Re-establishing credit of witness.

848. No requirement for corroboration in civil cases.

849. Corroboration of the evidence of certain witnesses desirable in practice.

850. The quality of hearsay.

851. Admissibility of hearsay evidence.

852. Competence and credibility.

853. Previous statements of witnesses.

854. Notice of proposal to adduce hearsay evidence.

855. Exclusion of notice requirements by agreement.

856. Effect of failure to comply with notice requirements.

857. Power to call witness for cross-examination on hearsay statement.

858. Considerations relevant to weighing of hearsay evidence.

859. Proof of statements contained in documents; in general.

860. Proof of records of business or public authority.

861. The former common law rule against hearsay; admissibility under the legislation.

862. Adverse admissions.

863. Published works.

864. Public documents.

865. Records.

866. Reputation and family tradition.

867. Admissibility under other statutes.

868. Admissibility at common law.

869. Introduction.

870. Reputation: in general.

871. Reputation to prove or disprove public or general right.

872. Reputation to identify a person or thing.

873. Reputation in questions of pedigree or the existence of a marriage.

874. Opinions of non-expert witnesses conveying facts personally perceived.

875. Handwriting; in general.

876. Handwriting in ancient documents.

877. Comparison of handwriting.

878. Subjects of expert evidence; in general.

879. Membership organisations for expert witnesses.

880. Guidance for the instruction of experts in civil claims and civil court guides.

881. Restrictions on giving of expert evidence.

882. Restrictions on costs of experts.

883. Expert evidence generally to be given in a written report.

884. Court's power to direct that evidence is to be given by a single joint expert.

885. Expert opinions in clinical negligence cases.

886. Expert opinions in personal injury cases.

887. Expert opinions in disease and illness cases.

888. Expert opinions in low-value personal injury road traffic accident cases.

889. Expert opinions in housing disrepair cases.

890. Expert opinions in a construction or engineering dispute.

891. Expert opinions in professional negligence claims.

892. Appointment of expert.

893. Terms of appointment and payment.

894. Instructions.

895. Instructions to a single joint expert.

896. Experts' duties; in general.

897. Duties of single joint expert; in general.

898. Expert's right to ask court for directions.

899. Court's power to direct a party to provide information.

900. Form and contents of expert's report.

901. Single joint expert's report.

902. Amendment of expert's report.

903. Procedure after completion of report.

904. Disclosure of experts' reports.

905. Written questions to experts.

906. Liability of experts in negligence.

907. Discussions between experts.

908. Court's power to direct discussion between experts.

909. Recommended procedure for discussion between experts.

911. Hot-tubbing.

912. Assessors.

913. Proof of handwriting.

914. Proof of sealing.

915. Proof of attestation.

916. Strict proof.

917. Exceptions to strict proof.

918. Ancient documents which prove themselves.

919. Presumption of regularity.

920. Proper custody of ancient documents.

921. Nature of custody required.

922. Custody which is not regarded as proper.

923. Documents executed under power of attorney.

924. Ancient documents as acts of ownership.

925. Production of documents at trial.

926. Proof of authenticity.

927. General rule at common law.

928. Proof of statements contained in documents.

929. Proof of lost or destroyed document.

930. Proof of document impossible or difficult to produce.

931. Proof of document not produced after notice.

932. Statute or order.

933. Copies of public documents.

934. Official copies.

935. Examined copies.

936. Certified copies.

937. Copies printed by authority.

938. Acts of Parliament etc.

939. Admissibility of statements in statutes and other public documents.

940. Proclamations, orders and regulations.

941. Form and certification of copies or extracts.

942. Departments and offices affected.

943. Byelaws.

944. Admissibility of certificates.

945. Certificates admissible by statute.

946. Commonwealth enactments.

947. Colonial and foreign acts of state and judicial documents.

948. Northern Ireland judicial documents.

949. Depositions taken abroad.

950. Admissibility of contents.

951. Documents made on behalf of the Crown.

952. Documents prepared by public officials.

953. Private documents excluded.

954. In general.

955. Facts of which entries and certified copies are evidence.

956. Entries in public registers generally.

957. Entries in parish registers.

958. Facts proved by parochial registers of baptisms, marriages and burials.

959. Non-parochial registers formerly admissible at common law.

960. Non-parochial registers admissible by statute.

961. Production of non-parochial register or extract.

962. Non-parochial registers of burials.

963. Particular public registers.

964. Registers of professional persons.

965. Admissibility at common law.

966. Registers of births, marriages and deaths outside England and Wales.

967. Consular marriages.

968. Births, marriages and deaths of forces personnel.

969. Other foreign marriages and relationships.

970. Admissibility by statute generally.

971. Orders as to public registers abroad.

972. Manorial documents.

973. Proving court rolls.

974. Excise survey books.

975. Log books of ships and of aircraft.

976. Vehicle registration documents.

977. Judgments and convictions; in general.

978. Claim forms and pleadings.

979. Affidavits and witness statements.

980. Statements of affairs prepared for the purposes of insolvency proceedings.

981. Reports.

982. Previous proceedings.

983. Depositions.

984. Proof of proceedings in superior courts.

985. Proof of other proceedings.

986. Proof of arbitrator's award.

987. Examined copies of entries in bankers' books.

988. Books and records of companies and corporations.

989. Histories.

990. Scientific works.

991. Maps.

992. Dictionaries.

993. Proof of posting.

994. Proof of delivery.

995. Proof of faxes, emails and other electronic communications.

996. Deeds and wills.

997. Family papers.

998. Entries in account books.

999. Negotiable instruments.

1000. Receipts and bills of lading.

1001. Private maps and plans.

1002. Maps and plans as evidence of highways and footpaths.

1003. Inscriptions in pedigree cases.

1004. Newspaper reports.

1005. Photographs, films, records, tape recordings and video recordings.

1006. Exclusion of unstamped documents.

1007. Unstamped document not available for any purpose.

1008. Lost documents and obliterated stamps.

1009. Mode of objection.

1010. Disclosure; in general.

1011. Estoppel by deed; in general.

1012. What constitutes real evidence.

1013. Cases in which assistance may be given.

1014. Application for order.

1015. Application by Treasury Solicitor in certain cases.

1016. Order for evidence to be obtained.

1017. Procedure for examination of witness.

1018. Enforcing attendance of witness.

1019. Privilege of witnesses.

1020. Procedure where privilege not supported or conceded.

1021. Dealing with deposition.

16. Security for Costs

610. Defendant's power to apply for security for costs.

611. Conditions to be satisfied.

612. Security for costs other than from the claimant.

613. Security for costs of an appeal.

17. Disclosure, Privilege and Immunity

614. General rules about the disclosure and inspection of documents.

615. Disclosure of communications with the court.

616. Electronic disclosure: general principles.

617. Standard disclosure.

618. Duty of search.

619. Arrangements made for standard disclosure in advance of the first case management conference.

620. Arrangements made for disclosure of electronic documents in advance of the first case management conference.

621. Procedure for standard disclosure.

622. Right to inspect disclosed document.

623. Duty of disclosure continues during proceedings.

624. Specific disclosure or inspection.

625. Disclosure in stages.

626. Right to inspect documents referred to in statements of case etc.

627. Inspection and copying of documents.

628. Disclosure before proceedings start.

629. Orders for disclosure against a person not a party.

630. Claim to withhold inspection or disclosure of a document.

631. Consequence of failure to disclose documents or permit inspection.

632. Subsequent use of disclosed documents.

633. Restriction on use of a privileged document inadvertently inspected.

634. False disclosure statements.

635. Documents protected from inspection.

636. Examples of statutes forbidding disclosure.

637. Statutory restriction of court's residual jurisdiction to order disclosure.

638. Agreement not to disclose.

639. Abolition of certain former privileges.

640. Privilege against incrimination of self or spouse or civil partner.

641. The nature of legal professional privilege.

642. Statutory limits on legal professional privilege.

643. Cases in which privilege arises.

644. Extent of privilege.

645. Communications between client and legal adviser directly.

646. Communications between client and legal adviser through agent.

647. Communications with counsel.

648. Communications between solicitor and non-professional agent or third party.

649. Communications between party and non-professional agent, employee or third party.

650. Communications relating to a compromise.

651. Reports made by agents or employees to employer.

652. Communications between parties to litigation.

653. Communications for a fraudulent or illegal purpose.

654. Privilege claimed by persons in fiduciary capacity.

655. Waiver of the privilege.

656. Limited waiver of the privilege.

657. Litigant in person.

658. Communications 'without prejudice'.

659. Limits of the rule.

660. Origin and nature of public interest immunity.

661. Circumstances in which public interest immunity may arise.

662. Extent of public interest immunity; documents and sources of information.

663. Right and duty of litigant to protect public interest.

664. Procedure on claim to public interest immunity.

665. Powers of court.

666. Power to make closed material applications in proceedings.

667. Appointment of special advocate in closed material proceedings where a party is excluded.

668. Review and revocation of closed material declaration.

669. Provision to be made by rules of court for the closed material procedure.

670. Secretary of State's duties to report on and review the operation of the closed material procedure.

671. Application of rules on closed material procedure.

672. Appointment and functions of a special advocate.

673. Conduct of the closed material procedure: general.

674. Consideration of application to withhold sensitive material or objection to special advocate's communication.

675. Judgments and applications for reconsideration of decision.

676. Proceedings where the Secretary of State is not a party but a closed material declaration might be required.

677. Procedure on applications for a closed material declaration.

678. Review and revocation of closed material declarations.

679. Appeals to Court of Appeal.

19. Discontinuance and Stay of Proceedings

1023. Right to discontinue claim.

1028. In general.

1022. Discontinuing a claim.

1024. Procedure for discontinuing.

1025. Application to have notice of discontinuance set aside.

1026. Liability for costs.

1029. Effect of stay of proceedings.

1030. Stay under statutory powers.

1031. Stay under the Civil Procedure Rules.

1032. Stay under inherent jurisdiction; in general.

1033. Abuse of process.

1034. Forum non conveniens.

1035. Lis alibi pendens.

1036. Two claims or proceedings on the same matter.

20. The Trial Process

1042. Date and listing in the fast track.

1045. General rule that hearings are to be in public.

1037. In general.

1038. Place of hearing in small claims track.

1039. Place of hearing in fast track.

1040. Place of hearing in multi-track.

1041. Date and listing in the small claims track.

1043. Date and listing in the multi-track.

1044. Date and listing for Part 8 claims.

1046. Hearings held in private.

1047. Timetable for trial.

1048. Trial in the small claims track.

1049. Trial in the fast track.

1050. Trial in the multi-track.

1051. Trial of Part 8 claims.

1052. Evidence generally.

1053. Exhibits at trial; in general.

1054. Bundles of documents for use at trial.

1055. Representation at trial.

1056. Citation of authorities at the trial.

1057. Failure to attend final hearing of a claim in the small claims track.

1058. Failure to attend trial of claims in the fast track and multi-track.

1059. Settlement or discontinuance after trial date fixed.

1060. Impounded documents.

1061. Trial by judge and jury.

1062. Trial by judge with assessors.

1063. Recording of proceedings.

1064. Trial of separate issues; in general.

21. Power to Grant Interim Injunctive Relief

1065. Power to grant injunctions; in general.

1066. Concurrent jurisdiction.

1067. The court acts in personam.

1068. Other aspects of the High Court's jurisdiction.

1069. Absence of jurisdiction to restrain proceedings.

1070. Injunctions granted by the County Court.

1071. Original jurisdiction.

1072. Statutory jurisdiction.

1073. Effect of statutory provision.

1074. Meaning of 'just and convenient'.

1075. Particular statutory powers to grant interim injunctive relief.

1076. Where statute provides a particular remedy.

1077. Refusal of court to interfere in political matters.

1078. Foreign states.

1079. Proceedings against the Crown.

1080. Application to Parliament may be restrained.

1081. Applicant must have sufficient interest.

1082. Where the Attorney General is a necessary party.

1083. Against whom interim injunctive relief may be granted.

1084. Defendants.

1085. Absent parties and third persons.

1086. Meaning of 'injunction'.

1087. Mandatory injunctions.

1088. Perpetual injunctions.

1089. Interim injunctions.

1090. Power to grant mandatory injunctions.

1091. Circumstances in which mandatory injunctions will be granted.

1092. Mandatory injunctions on interim applications.

1093. Performance of work.

1094. Grant of injunction although act completed.

1095. Effect of notice of objection.

1096. Acquiescence and delay.

1097. Injury must be continuous or irreparable.

1098. Right at law must be established.

1099. Equitable owners.

1100. Extent of damage and injury.

1101. When damage is small.

1102. Negative and affirmative covenants and stipulations.

1103. Threatened invasion of legal right.

1104. Effect of appeal pending.

1105. Damages as additional or alternative relief.

1106. Damages in quia timet actions.

1107. Damages in lieu are discretionary.

1108. Damages must cover same area as injunction.

1109. Smallness of damage not decisive.

1110. Effect of resulting benefit.

1111. When damages may be refused.

1112. Measure of damages.

1113. Assessment of quantum of damages.

1114. Acquiescence.

1115. Delay.

1116. Delay where Attorney General is claimant.

1117. Language of the order.

1118. Form of interim order.

1119. Form of final order.

1120. Inclusion of acts of defendant's employees etc.

1121. Form of mandatory injunction.

1122. Failure of defendant to attend court.

1123. Accounts.

1124. Where interim injunction refused.

1125. Damages as additional or alternative relief.

1126. Injunction in aid or in lieu of other remedies.

1127. Relief akin to injunction.

1128. Public corporations.

1129. Companies.

1130. Common law corporations.

1131. Local authorities.

1132. Company incorporated by royal charter.

1133. Statutory bodies.

1134. Eleemosynary corporations.

1135. Jurisdiction in relation to unincorporated bodies.

1136. Trade union and labour relations.

1137. Jurisdiction in relation to partners.

1138. Injunctions against personal representatives.

1139. Injunctions against trustees.

1140. Injunctions against mortgagees.

1141. Injunctions against mortgagors.

1142. Rights of equitable mortgagees.

1143. Injunction as a historical remedy.

1144. Threatened wrongs.

1145. Threatened or apprehended waste.

1146. Landlord and tenant.

1147. Effect of delay.

1148. Trespass.

1149. Trespass by bodies taking land.

1150. Grant of injunction to reversioner.

1151. Defamation.

1152. Usurpation of office.

1153. Restraint of other civil wrongs.

1154. Restraining improper transfers of stocks and shares.

1155. Negotiable instruments.

1156. Restraining disposition of property.

1157. Chattels.

1158. Documents.

1159. Forfeiture of shares.

1160. Spouses and civil partners.

1161. Positive and negative covenants.

1162. Injunction granted subject to equitable principles.

1163. Penalty clauses.

1164. Interim injunctions.

1165. Threatened breach.

1166. Proof of damage unnecessary.

1167. Ineffectual defences.

1168. Covenants in leases.

1169. Examples of enforceable covenants.

1170. Covenants in restraint of trade.

1171. Mandatory injunctions.

1172. Restrictive covenants.

1173. Contract containing both positive and negative covenants.

1174. Apprenticeship.

1175. Limits of jurisdiction.

1176. Implication of negative covenant.

1177. Examples where negative covenant implied.

1178. Examples where negative covenant not imported.

1179. Contract conferring interest in property.

1180. Claimant's conduct to be regarded.

1181. Effect of acquiescence and delay.

1182. Circumstances in which injunction granted.

1183. Restraint of breaches of confidence or privacy; interim non-disclosure orders ('privacy injunctions').

1184. Non-disclosure injunctions information collection scheme.

1185. Anonymised injunctions.

1186. Super injunctions.

1187. Hearing in private.

1188. Copyright.

1189. Patent rights.

1190. Threats of action.

1191. Trade marks.

1192. Letters.

1193. Rights in connection with land and buildings.

1194. Use of name.

1195. Proceedings by the Attorney General.

1196. Circumstances in which injunction granted.

1197. Injunctions to restrain obstruction of justice.

1198. In general.

1199. Special tribunals.

1200. Proceedings against a company.

1201. Criminal proceedings.

1202. Injunctions to restrain proceedings to arbitration.

1203. Court's interference on equitable grounds.

1204. Restraining proceedings by person within the jurisdiction.

1205. Foreigner resident abroad.

1206. Anti-social behaviour.

22. Judgments and Orders

1207. Standard requirements and certain specific orders.

1238. Summary order for accounts and inquiries.

1239. Order for accounts.

1208. Reserved judgments.

1209. Drawing up and filing of judgments and orders.

1210. Service of judgments and orders.

1211. Consent judgments and orders.

1212. When judgment or order takes effect.

1213. Setting aside or varying a judgment or order.

1214. Correction of errors in judgments and orders.

1215. Declaratory judgments.

1216. Media neutral judgments.

1217. Register of judgments and orders.

1218. County Court certificate of judgment.

1219. Time for complying with a judgment or order for the payment of money.

1220. Adjustment of final judgment figure in respect of compensation recovery payments or interim payments.

1221. Cases where court gives judgment both on claim and counterclaim.

1222. Judgment in favour of certain part owners relating to the detention of goods.

1223. Sums carrying interest.

1224. Rate of interest.

1225. Time from which interest begins to run.

1226. Interest where payment deferred.

1227. Interest ceasing.

1228. Interest on damages.

1229. Interest must be specifically pleaded.

1230. Calculation of the award of interest on damages.

1231. Power to award interest as ancillary relief to the court's equitable remedies.

1232. Order for an award of provisional damages.

1233. Preserving the case file.

1234. Application for further damages.

1235. Consent orders for provisional damages.

1236. Award of provisional damages where default judgment would otherwise have been available.

1237. Orders for periodical payments under the Damages Act 1996.

1240. Practice on taking accounts.

1241. Payment of amount found due.

1242. Distribution of fund before all persons entitled are ascertained.

1243. Guardian's accounts.

1244. Court's powers to order sale etc of land and delivery up of possession.

1245. Reference to conveyancing counsel.

1246. Power of the court to award judgment in foreign currency: historical development of the law.

1247. Judgment in foreign currency: breach of contract and claims for debts.

1248. Judgment in foreign currency: claims for damages for breach of contract.

1249. Contract claims: general principles in determining the currency of judgment.

1250. Determining the currency of the judgment; no universal rule for commodities.

1251. Contract claims: exceptions to general principles determining currency of judgment.

1252. Determining the currency of the judgment; claims for restitution.

1253. Determining the currency of the judgment; breach of trust.

1254. Determining the currency of the judgment; tort.

1255. Interest where judgment expressed in foreign currency.

23. Enforcement of Judgments and Orders

1311. Application for certificate to act as enforcement agents.

1256. Judgments not requiring enforcement.

1257. Judgments requiring enforcement.

1358. Application for warrant of control or warrant of delivery.

1258. Jurisdiction in relation to the enforcement of a County Court judgment etc and road traffic or parking penalty.

1259. Transfer of proceedings for enforcement.

1260. Satisfaction of County Court judgments and orders for payment of money.

1261. Set-off in cases of cross judgments in County Court and High Court.

1262. Enforcement of decisions of bodies other than the High Court and County Court and compromises enforceable by enactment.

1263. Claim on an order.

1264. Jurisdiction must be exercised in accordance with Convention rights.

1265. Reciprocal enforcement of judgments.

1266. Procedure and methods of enforcement set out in the Civil Procedure Rules.

1267. Meaning of 'judgment or order'.

1268. Judgment creditor's choice of enforcement method.

1269. Methods of enforcing money judgments.

1270. Enforcement of a foreign currency judgment.

1271. Payment of debt after issue of enforcement proceedings.

1272. Court order for act to be done at expense of disobedient party.

1273. Registration of writs and orders affecting land.

1274. Power to make order requiring judgment debtor to attend court.

1275. Application for order to attend court.

1276. Service of order requiring a judgment debtor to attend court.

1277. Travelling expenses of person ordered to attend court.

1278. Judgment creditor's proof of service etc on person ordered to attend court.

1279. Conduct of the hearing where a person is ordered to provide information to enforce a judgment or order.

1280. Failure to comply with an order requiring information that is needed to enforce a judgment or order.

1281. Meanings of 'judgment creditor' and 'judgment debtor'.

1282. Enforcement by or against a non-party.

1283. Enforcement against companies, partnerships, etc.

1284. Enforcement by or against the Crown.

1285. Enforcement against personal representatives.

1286. Enforcement against members of reserve and auxiliary forces etc.

1287. Other special cases.

1288. Devolution of rights and liabilities.

1289. Enforcement officers and district judges.

1290. Enforcement officer's remuneration.

1291. Principles of enforcement officer's liability at common law.

1292. Extent of enforcement officer's liability at common law.

1293. Evidence of enforcement officer's wrongful act or default at common law.

1294. Knowledge imputed at common law.

1295. Effect of writ of execution issued from the High Court against goods.

1296. Property which may be seized under writ of execution issued from the High Court against goods.

1297. Sale of goods seized under writ of execution issued from the High Court.

1298. Title acquired by purchaser of seized goods.

1299. County Court warrant of control empowering use of statutory taking control of goods procedure.

1300. County Court warrant of control for payment of money by instalments.

1301. County Court warrants of possession.

1302. Executing County Court warrants of possession.

1403. Attachment of earnings orders applications to be made to the [Civil National Business Centre].

1303. Indorsement of warrants issued by the County Court.

1304. Liability of County Court officers.

1305. Exchange of information regarding High Court writs and County Court warrants.

1306. Claim made in respect of goods seized in execution under County Court process.

1307. Power to stay execution under County Court process.

1308. Enforcement power conferred to use the statutory taking control of goods procedure.

1309. Power of High Court to stay execution of writ of control.

1310. Restrictions on acting as enforcement agent.

1312. Issue of certificates to act as enforcement agents.

1313. Complaints against enforcement agents and hearing of complaint.

1314. Cancellation or suspension of certificates.

1315. Surrender of certificates.

1316. Binding property in the debtor's goods.

1317. Goods ceasing to be bound.

1318. Notice of enforcement and period of control.

1319. Goods which may be taken.

1424. Transfer of attachment order.

1320. Methods of taking control of goods.

1321. Ways of securing goods.

1322. Power of entry to take control of goods.

1427. Transfer of attachment order where consolidated attachment order is being considered.

1323. Restrictions on entry, re-entry and remaining on premises for purposes related to taking control of goods.

1324. Powers to use reasonable force.

1325. Inventory of goods removed.

1326. Care of goods removed.

1327. Valuation of goods removed.

1328. Sale of controlled goods.

1329. Holding and disposal of securities as controlled goods.

1330. Application of proceeds from the exercise of an enforcement power.

1331. Passing of title in controlled goods.

1332. Abandonment of controlled goods, other than securities.

1333. Abandonment of securities as controlled goods.

1334. Effect of payment of amount outstanding.

1335. Application to assignee or transferee of statutory procedure to take control of goods.

1438. Making the application.

1336. Limitation of liability for sale of controlled goods or payment of proceeds.

1440. Making of interim charging order.

1337. Fees recoverable from the debtor.

1441. Service of interim charging order.

1338. Disbursements recoverable from the debtor.

1339. Fees and disbursements recoverable from the debtor where more than one enforcement power is available.

1340. Fees and disbursements recoverable where the debtor is a vulnerable person.

1341. Disputes about the amount of fees and disbursements recoverable.

1444. Further consideration of interim charging order where procedure remains with [Civil National Business Centre].

1445. Further consideration of interim charging order where proceedings do not lie with [Civil National Business Centre].

1342. Fees and disbursements not recoverable where enforcement process ceases.

1343. Remedies available to the debtor and creditor.

1344. Third Party or Debtor Claim on Goods under Control.

1448. Enforcement of charging order by sale.

1345. General provisions of the Civil Procedure Rules governing writs and warrants.

1346. Permission to issue writs and warrants of control, writs of execution, warrants of delivery and warrants of possession.

1451. Procedure on application to discharge or vary order.

1347. Duration and priority of writs and warrants not conferring power to use the statutory TCG procedure.

1348. Duration and priority of writs and warrants conferring a power to use the TCG procedure.

1349. Separate enforcement of costs.

1350. Levying execution of writs and warrants other on certain days.

1351. Power to stay execution of writs of control and warrants or grant other relief.

1352. Information about execution of the writs and warrants.

1353. Issue of writs of execution and writs of control.

1354. Issue of writ of fieri facias de bonis ecclesiasticis or sequestrari de bonis ecclesiasticis.

1355. Application for order for private sale outside the statutory TCG procedure.

1356. Enforcement in the High Court of a judgment or order for possession of land.

1357. Enforcement in the High Court of a judgment or order for delivery of goods.

1359. Creditor's request for transfer of County Court judgment or order to the High Court for enforcement.

1360. Bankruptcy or winding up of debtor in relation to warrants of control.

1361. Execution where the debtor is a farmer.

1362. Withdrawal and suspension of warrant at creditor's request.

1363. Warrants of delivery.

1364. Notice and inventory requirements for warrants of delivery other than those conferring a power to use the statutory TCG procedure.

1365. Notice and inventory requirements for warrants of delivery conferring a power to use the statutory TCG procedure.

1366. Warrants of possession and of restitution.

1367. Procedure for making claims on controlled goods and executed goods.

1368. Mode of application for claims on controlled or executed goods.

1369. Procedure for making a claim to controlled goods.

1370. Procedure for making a disputed claim to controlled goods.

1371. Procedure for making a claim against executed goods.

1372. Procedure for making a disputed claim to executed goods.

1373. Procedure for a debtor making a claim to exempt goods.

1374. Procedure for making a disputed claim to exempt goods.

1375. Directions and determination of claims.

1376. Trial of issue.

1377. Costs of hearing any application.

1378. Provision made for stakeholder applications.

1379. Powers of court hearing a stakeholder application.

1380. Meaning of 'third party debt order'.

1381. Considerations applying to bank accounts etc.

1382. Salaries and periodic payments.

1383. Unliquidated damages.

1384. Money payable by the Crown.

1385. Money standing to credit in court.

1386. Application for third party debt order.

1387. Interim third party debt order.

1388. Service of interim order.

1389. Transfer of proceedings.

1390. Obligations of third parties served with interim order.

1391. Administrative and clerical expenses of third parties.

1392. Arrangements for debtors in hardship.

1393. Further consideration of the application for a third party debt order.

1394. Effect of final third party debt order.

1395. Costs.

1396. Money in court standing to the credit of the judgment debtor.

1397. Money payable by the Crown; in general.

1398. High Court procedure for obtaining order restraining person from receiving money payable to him by the Crown.

1399. Appeals in general.

1400. Courts with power to attach earnings.

1401. Meaning of 'earnings'.

1402. Person who may apply for order and conditions of court's power to make it.

1404. Mode of applying for an attachment of earnings order.

1405. Service and reply.

1406. Court's power to obtain statement of earnings etc.

1407. Making attachment of earnings order.

1408. Service of the order.

1409. Costs of the application.

1410. Effect and contents of order.

1411. Fixed deductions scheme.

1412. Compliance with order by employer.

1413. Interrelation with alternative remedies open to creditors.

1414. Operation of order where person employed by the Crown.

1415. Variation and discharge of orders.

1416. Suspension of fixed deductions orders.

1417. Lapse of order.

1418. Termination of employer's liability to make deductions.

1419. Application of sums received by collecting officer.

1420. Power to obtain statement of earnings etc while attachment of earnings order in force.

1421. Debtor's and employer's obligation to notify changes of employment and earnings.

1422. Power to determine whether particular payments are earnings.

1423. Search of court records.

1425. Power to make consolidated attachment order.

1426. Application for consolidated order.

1428. Making of consolidated attachment order of court's own initiative.

1429. Extension of consolidated attachment order.

1430. Payments under consolidated attachment order.

1431. Debtor's failure to attend hearing.

1432. Offences.

1433. Power to impose charging order on debtor's property.

1434. Property which may be charged.

1435. The appropriate court.

1436. Principles to be applied in deciding whether to make a charging order.

1437. Scope and application of Part 73 of the Civil Procedure Rules.

1439. Form and content of application notice.

1442. Effect of interim order in relation to securities.

1443. Effect of interim order in relation to funds in court.

1446. Effect of charging order; in general.

1447. Registration of charging orders affecting land.

1449. Enforcement of instalments order.

1450. Power to discharge or vary order.

1452. Power to make relevant rules.

1453. Meaning of 'stop order' and 'stop notice'.

1454. Application for stop order.

1455. Effect of stop order relating to funds in court.

1456. Effect of stop order relating to securities.

1457. Variation or discharge of stop order.

1458. Procedure for stop notice to be issued by the High Court on request.

1459. Effect of stop notice.

1460. Amendment of stop notice to correctly describe securities.

1461. Withdrawal of stop notice.

1462. Discharge or variation of stop notice.

1463. Appointment of receiver.

1464. Property in respect of which receiver may be appointed.

1465. Considerations governing appointment of a receiver.

1466. Effect of a receivership order.

1467. Receiver's priority.

1468. Receiver's accounts.

1469. Sanctions for receiver's non-compliance.

1470. Discharge of receiver and termination of appointment.

1471. Enforcement of fines and forfeited recognisances; High Court and Court of Appeal.

1472. Enforcement of fines imposed by the County Court.

1473. Committal as a method of enforcement; in general.

1474. Committal for non-payment of judgment debts; in general.

1475. County court application for judgment summons.

1476. Enforcement of debtor's attendance.

1477. Making of committal order.

1478. Suspension of committal order.

1479. New order on judgment summons.

1480. Costs on judgment summons.

1481. Execution of committal order.

1482. Revocation of committal order or discharge of debtor.

1483. Obstruction of enforcement agent or interference with controlled goods.

1484. Penalty for rescuing goods seized in execution under County Court process.

24. Appeals and References

1485. Rules about appeals.

1488. Appeals requiring permission.

1489. Applications for permission to appeal.

1511. Second appeals from appeals in the County Court and High Court.

1486. Introduction.

1487. Requirement for permission to appeal may be imposed by rules of court.

1490. Permission to appeal from case management decisions.

1491. Grounds of appeal.

1492. Appellant's notice.

1493. Skeleton argument.

1494. Respondent's notice.

1495. Extension of time for appeal notice.

1496. Striking out appeal notices and setting aside or imposing conditions on permission to appeal.

1497. Orders to limit the recoverable costs of an appeal.

1498. Appeal not generally operating as a stay.

1499. Disposing of applications and appeals by consent.

1500. Appeal court's powers in relation to an appeal.

1501. Appeal generally by way of a review not a re-hearing.

1502. Hearing of appeals.

1503. Admission of Evidence on Appeal.

1504. Re-opening of final appeals.

1505. Part 36 offers and payments into court must not be disclosed to the appeal court judge.

1506. Transcripts.

1507. Right of appeal from a decision of the County Court.

1508. Procedure for appeals from a decision of the County Court.

1509. Appeals to a judge of the High Court.

1510. Where an appeal to the High Court is heard.

1512. Initiating an appeal.

1513. Extending time in which to appeal.

1514. Conduct of the appeal.

1515. Determination of applications.

1516. Hearings.

1517. Procedural rules that apply to certain statutory rights of appeal.

1518. Supplementary provision made in relation to statutory appeals.

1519. Appropriate court for the destination of a statutory appeal.

1520. Specific statutory appeals that are subject to special provision.

1521. Appeals against decisions affecting the registration of architects and health care professionals.

1522. Appeal by case stated from the Crown Court; in principle.

1523. Appeal by case stated from a magistrates' court; in principle.

1524. Case stated by the Crown Court or magistrates' courts; in practice.

1525. Case stated by a minister, government department or tribunal.

1526. Appeal from a Divisional Court to the Court of Appeal.

1527. Miscellaneous applications and appeals under rules preserved by the Civil Procedure Rules.

1528. Court of Appeal.

1529. Jurisdiction of the Court of Appeal.

1530. Who may appeal.

1531. Effect of bankruptcy or death of appellant.

1532. Grounds of appeal.

1533. Statutory restrictions on appeals to the Court of Appeal.

1534. Other restrictions on appeals.

1535. Assignment of appeals to the Court of Appeal.

1536. Filing and service of documents by appellant.

1537. Extension of time by appellant.

1538. Filing and service of documents by respondent.

1539. Permission to appeal to the Court of Appeal.

1540. Timetable after listing window notification.

1541. Core, supplementary and unagreed documents bundles (appeal bundles).

1542. Bundle of authorities.

1543. Skeleton arguments.

1544. Multiple appeals.

1545. Expedition of an appeal.

1546. Who may exercise the powers of the Court of Appeal.

1547. Reserved judgments of the Court of Appeal.

1548. The Court of Appeal's power to order a new trial by reason of course taken by judge.

1549. New trial by reason of verdict or misconduct of jury.

1550. Other grounds for a new trial.

1551. When a new trial will not be granted.

1552. Regulation of practice and procedure.

1553. Evidence on Appeal to the Supreme Court.

1554. Appeals from the Court of Appeal.

1555. Appeals direct from the High Court ('leapfrog appeals').

26. Offers to Settle and Payments into Court

1618. Part 36 offers.

1630. Costs consequences following judgment.

1633. Costs consequences of Part 36 offer accepted under protocols for low value personal injury or package travel claims.

1635. Costs consequences following judgment under protocols for low value personal injury or package travel claims.

1636. Form and content of a protocol offer.

1619. Payment of additional amount to successful claimant.

1620. Making of Part 36 offers to settle.

1621. Form and content of a Part 36 offer.

1622. Defendants' offers.

1623. Clarification of a Part 36 offer.

1624. Withdrawing or changing terms of a Part 36 offer.

1625. Acceptance of a Part 36 offer.

1626. Costs consequences of acceptance of a Part 36 offer.

1627. Stay of proceedings and other effects (other than costs) of acceptance of a Part 36 offer.

1628. Acceptance of a Part 36 offer made by one or more, but not all, defendants.

1629. Restriction on disclosure of a Part 36 offer.

1631. Personal injury claims for future pecuniary loss.

1632. Offer to settle a claim for provisional damages.

1634. Deduction of benefits and lump sum payments.

1637. Restriction on disclosure of a Part 36 offer to settle under protocol.

1638. Costs consequences following judgment under low value personal injury protocols.

1639. Money paid into court under a court order.

1640. Defence of tender before claim.

1641. Procedure for payment into court.

1642. Payment out of money paid into court.

1643. Other applications relating to money or securities paid into court.

1644. Payment into court under enactments.

25. Finality of Judgments and of Litigation

1556. Conclusiveness of judgments in general.

1557. Conclusiveness of judgments between the parties etc.

1558. Finality of judgment.

1559. Merger of cause of action in judgment.

1560. Classification of final judgments.

1561. Importance of distinction between judgments in rem and judgments in personam or between parties.

1562. Meaning of 'judgment in rem'.

1563. Examples of judgments in rem.

1564. Judgments resembling judgments in rem.

1565. Meaning of 'judgment in personam' or 'judgment between parties'.

1566. Estoppel arising on judgments between parties.

1567. Liberty to apply.

1568. Basis for doctrine of res judicata.

1569. Payment into and out of court.

1570. Meaning of 'cause of action estoppel'.

1571. Doctrine applicable wherever same cause of action determined on the merits.

1572. Effect of previous judgment.

1573. Fresh evidence.

1574. Res judicata in matrimonial and civil partnership proceedings; in general.

1575. Origin of term 'estoppel by record'.

1576. Where estoppel by record arises.

1577. Court must have jurisdiction to pronounce judgment.

1578. Judgment essential.

1579. Judgment by consent or by default.

1580. Default of pleading; formal admissions.

1581. Extension of doctrine of estoppel by record.

1582. Ecclesiastical courts.

1583. Statutory tribunals and courts-martial.

1584. Domestic tribunals.

1585. Arbitrators.

1586. Foreign courts and tribunals.

1587. Cause of action merged in the judgment.

1588. Issue estoppel; in general.

1589. Scope of the doctrine of issue estoppel.

1590. No issue estoppel in criminal proceedings.

1591. Extent to which issue estoppel applies in public law proceedings.

1592. Raising issues that could have been raised in earlier proceedings.

1593. Evidence admissible to show matter in issue.

1594. Conclusiveness against strangers of findings on which judgment is founded.

1595. Prize cases.

1596. Certain judgments in rem admissible in evidence.

1597. Consent judgment in rem.

1598. Conclusiveness in criminal and matrimonial cases.

1599. Parties and privies.

1600. Similar interest not privity.

1601. Privy's title must be derived subsequent to proceedings.

1602. Party must sue or defend in same right.

1603. Position of trustee in bankruptcy and liquidator.

1604. Quasi-privity.

1605. Issue estoppel as between co-defendants.

1606. Who may plead estoppel.

1607. Old maxim that estoppels are odious.

1608. Judgment obtained by fraud.

1609. Convictions as evidence in civil proceedings.

1610. Conclusiveness of convictions for purposes of defamation claims.

1611. Restrictions on evidence of certain convictions.

1612. Findings of adultery and paternity as evidence in civil proceedings.

1613. Judgment against one of two jointly or alternatively liable.

1614. Finding that claimant's Convention rights infringed.

1615. Evidential effect in divorce proceedings of certain orders made in matrimonial and family proceedings.

1616. Re-litigation and abuse of process.

1617. The rule in Henderson v Henderson.

27. Costs

1655. Costs on the small claims track and fast track.

1680. Costs on allocation to the small claims or fast track.

1681. Costs consequent to allocation, re-allocation, or non-allocation.

1682. Costs on the small claims track.

1683. Assessment of costs of fast track trial.

1684. Amounts of fast track trial costs.

1685. Power to award more or less than the prescribed amount of fast track trial costs.

1686. Fast track trial costs where there is more than one claimant or defendant.

1688. Fixed costs allowed in respect of legal representative's charges.

1689. Fixed costs attributable to issuing small claims.

1690. Amount of fixed commencement costs.

1692. When defendant only liable for fixed commencement costs.

1693. Costs on entry of judgment in a claim for the recovery of money or goods.

1694. Costs on entry of judgment in a claim for the recovery of land or a demotion claim [or a prohibited conduct standard contract order claim].

1695. Miscellaneous fixed costs in relation to service.

1696. Fixed enforcement costs.

1697. Road traffic accidents: fixed recoverable costs.

1698. Claims under the RTA and EL/PL pre-action protocols: fixed costs and disbursements.

1699. Claims under the package travel claims protocol or claims which no longer continue under the RTA or EL/PL pre-action protocols: fixed recoverable costs and disbursements.

1700. Costs in patent infringement actions.

1701. Costs in respect of HM Revenue and Customs charges for recovery of debt through the County Court.

1702. Costs recoverable in Aarhus Convention claims.

1707. Costs where money is payable by or to a child or protected party.

1712. Procedure following agreement or confirmation to conduct costs-only proceedings.

1645. Scope of the discussion of costs in civil litigation.

1646. Relevance of previous case law.

1647. Legal aid and other funding arrangements.

1648. Costs jurisdiction relating to civil proceedings in the Supreme Court and the Judicial Committee of the Privy Council.

1649. Costs jurisdiction relating to civil proceedings in the Court of Appeal, the High Court, the Family Court, and the County Court.

1650. Power to make costs orders in favour of or against non-parties.

1651. Other courts and tribunals.

1652. Protective costs orders.

1653. Meaning of 'costs' and 'fixed costs'.

1654. General rules as to costs.

1656. Other rules making specific provision about costs.

1657. Purpose of costs management and its application.

1658. Filing and exchanging budgets.

1659. Costs management orders.

1660. Costs management conferences.

1661. Costs capping orders limiting the amount of future costs.

1662. General rules about costs.

1663. Court's discretion as to costs; in general.

1664. Award of costs where there is a damages-based agreement.

1665. Where court order is made without mentioning costs.

1666. Circumstances to be taken into account when exercising court's discretion to award costs.

1667. Orders about costs which the court may make.

1668. Costs orders in interim proceedings and applications.

1669. Basis of assessment.

1670. Assessment of costs in favour of party who has damages-based agreement.

1671. Costs orders deemed to have been made on the standard basis.

1672. Factors to be taken into account in deciding the amount of costs.

1673. Claims for VAT in respect of costs.

1674. Procedure for assessing costs; in general.

1675. Where a party entitled to costs is also liable to pay costs.

1676. Solicitor's duty to notify client of order.

1677. Court's powers in relation to misconduct.

1678. Time for complying with an order for costs.

1679. Interest on costs.

1687. Rules that apply to costs awarded in multi-track cases.

1691. Fixed costs on issue of default costs certificate.

1703. Pre-commencement disclosure etc and orders for disclosure etc against a person who is not a party.

1704. Procedure where a costs order in favour of or against non-parties is considered.

1705. Amount of costs payable pursuant to a contract.

1706. Award of costs in favour of trustee or personal representative.

1708. Costs of a litigant in person.

1709. Costs where the court has made a group litigation order.

1710. Legal representatives' charges and fees.

1711. Personal liability of legal representative for costs; procedure for wasted costs orders.

1713. Procedure for summary assessment of costs.

1714. Time when detailed assessment may be carried out.

1715. No stay of detailed assessment where there is an appeal.

1716. Powers of an authorised court officer.

1717. Venue for detailed assessment proceedings.

1718. Form and contents of bills of costs.

1719. Commencement of detailed assessment proceedings.

1720. Period for commencing detailed assessment proceedings.

1721. Sanction for delay in commencing detailed assessment proceedings.

1722. Points of dispute and consequence of not serving.

1723. Procedure where costs are agreed; discontinuance.

1724. Default costs certificate.

1725. Setting aside default costs certificate.

1726. Optional reply.

1727. Request for detailed assessment hearing.

1728. Procedure once hearing date has been given.

1729. Provisional assessment of bill of costs for lower value claims.

1730. Detailed assessment procedure for costs payable by the Lord Chancellor.

1731. Detailed assessment procedure where costs are payable other than by the Lord Chancellor.

1732. Power to issue an interim certificate.

1733. Final costs certificate.

1734. Liability for costs of detailed assessment proceedings.

1735. Costs when offer to settle is made.

1736. Appeals arising from detailed assessment proceedings: general.

1737. Right to appeal from authorised court officer's decision in detailed assessment proceedings.

1738. Procedure on appeal from authorised court officer's decision in detailed assessment proceedings.

1739. Application of qualified one-way costs shifting.

1740. Reimbursement of additional costs by Secretary of State due to incapacity or death of presiding judge.