Defined terms — The Civil Procedure Rules 1998
United Kingdom · uksi/1998/3132 · 6674 provisions
379 defined in this instrument.
a claim for a declaration of presumed death — a claim under section 1 of the 2013 Act for a declaration that a missing person is presumed to be dead Section 57.17(2)
a claim for a guardianship order — an application under section 2 (applying for a guardianship order) of the 2017 Act for a guardianship order Section 57.25(2)
a claim for a variation order — a claim for an order under section 5 of the 2013 Act varying or revoking a declaration of presumed death Section 57.17(2)
a claim to exempt goods — a claim by a debtor whose goods have been subject to an enforcement power under an enactment, writ or warrant of control or the right to execute conferred by a writ of execution, that such goods are exempt goods Section 85.2(1)
a demoted tenancy — a tenancy created by virtue of a demotion order Section 55.1
a demoted tenancy — a tenancy created by virtue of a demotion order Section 65.11(2)
a demotion claim — a claim made by a landlord for an order under section 82A of the 1985 Act or section 6A of the 1988 Act (“a demotion order”); .. Section 55.1
a demotion claim — a claim made by a landlord for a demotion order; .. Section 65.11(2)
a dwelling — a dwelling let under an occupation contract Section 55.30
a dwelling — a dwelling let under an occupation contract;
“a prohibited conduct standard contract” has the meaning provided by section 116(6) of the 2016 Act;
“a prohibited conduct standard contract order” is an order imposed under section 116 of the 2016 Act Section 65.11(2)
a party affected by the application — —
where the application is made by the debtor, the creditor in the proceedings in which the application is made and any other creditor who has obtained an attachment of earnings order which is in force to secure the payment of a judgment debt by the debtor;
where the application is made by the creditor, the debtor and every person who, to the knowledge of the applicant, has obtained an attachment of earnings order which is in force to secure the payment of a judgment debt by the debtor Section 89.19(1)
a possession claim — a claim for the recovery of possession of land (including buildings or parts of buildings) Section 55.1
a possession claim against trespassers — a claim for the recovery of land which the claimant alleges is occupied only by a person or persons who entered or remained on the land without the consent of a person entitled to possession of that land but does not include a claim against a tenant or sub-tenant whether his tenancy has been terminated or not;
“mortgage” includes a legal or equitable mortgage and a legal or equitable charge and “mortgagee” is to be interpreted accordingly; .. Section 55.1
a prohibited conduct standard contract order claim — a claim under section 116 of the 2016 Act Section 55.30
a prohibited conduct standard contract order claim — a claim for a prohibited conduct standard contract order Section 65.11(2)
a Renting Homes possession claim — a claim for the recovery of possession of a dwelling under the 2016 Act;
“a sub-holder” has the meaning provided by section 59 of the 2016 Act;
“a standard contract” has the meaning provided by section 8 of the 2016 Act Section 55.30
a Renting Homes possession claim — a claim for the recovery of possession of a dwelling under the 2016 Act Section 65.11(2)
a suspension claim — a claim made by a landlord for an order under section 121A of the 1985 Act Section 55.1
a writ relating to ecclesiastical property — —
a writ of fieri facias de bonis ecclesiasticis; or
a writ of sequestrari de bonis ecclesiasticis Section 83.11(1)
Aarhus Convention claim — a claim brought by one or more members of the public by judicial review or review under statute which challenges the legality of any decision, act or omission of a body exercising public functions, and which is within the scope of Article 9(1), 9(2) or 9(3) of the UNECE Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters done at Aarhus, Denmark on 25 June 1998 (“the Aarhus Convention”);
references to a member or members of the public are to be construed in accordance with the Aarhus Convention Section 46.24(2)
acquittal — the acquittal of that person of that offence;
“magistrates’ court” has the same meaning as in section 148 of the Magistrates’ Courts Act 1980 Section 77.6(3)
acquitted person — a person whose acquittal of an offence is the subject of a certification under section 54(2) of the 1996 Act Section 77.6(3)
additional claim — any claim other than the claim by the claimant against the defendant; and
unless the context requires otherwise, references to a claimant or defendant include a party bringing or defending an additional claim Section 20.2(2)
admiralty claim — a claim within the Admiralty jurisdiction of the High Court as set out in section 20 of the Supreme Court Act 1981 Section 61.1(2)
Advocate — a person exercising a right of audience as a representative of, or on behalf of, a party Section 45.29(2)
an application for a revocation/variation order — —
an application under section 12 (variation of a guardianship order) of the 2017 Act for an order varying a guardianship order; or
an application under section 13 (revocation of a guardianship order) of the 2017 Act for an order revoking a guardianship order Section 57.25(2)
an application relating to a guardianship order — any application which relates to the exercise of functions of a guardian but which is not a claim for a guardianship order or an application for a revocation/variation of a guardianship order Section 57.25(2)
an extended possession order — an order for possession against a sub-holder under section 65 of the 2016 Act;
“an occupation contract” is a tenancy or licence that is an occupation contract under section 7 of the 2016 Act Section 55.30
an intervener — either a person who falls within section 21(1) of the 2017 Act and who has given notice of intention to intervene, or a person to whom the court has given permission to intervene Section 57.25(2)
an opposed claim — a claim for—
a new tenancy under section 24 of the 1954 Act in circumstances where the grant of a new tenancy is opposed; or
the termination of a tenancy under section 29(2) of the 1954 Act Section 56.3(2)
an order of the ICC — —
a fine or forfeiture ordered by the ICC; or
an order by the ICC against a person convicted by the ICC specifying a reparation to, or in respect of, a victim Schedule 1, paragraph 37
an unopposed claim — a claim for a new tenancy under section 24 of the 1954 Act in circumstances where the grant of a new tenancy is not opposed Section 56.3(2)
appeal court — the court to which an appeal is made but does not include the Supreme Court Section 52.1(3)
appeal notice — an appellant’s or respondent’s notice ; and
reference to an appeal in contempt proceedings is reference to—
an appeal by a defendant in respect of any order or decision made by a court in the exercise of its jurisdiction to punish for contempt of court or under an enactment enabling the court to deal with an offence as if it were a contempt of court or under section 14, 92 or 118 of the County Courts Act 1984; and
an appeal by an applicant in respect of any order made on an application for committal or attachment Section 52.1(3)
appellant — a person who brings or seeks to bring an appeal Section 52.1(3)
application notice — a document in which the applicant states their intention to seek a court order; .. Section 23.1
appropriate Minister — —
in relation to a challenge to a decision of the Secretary of State, the Secretary of State;
in relation to a challenge to a decision of the Treasury, the Treasury Section 79.1(2)
arbitration claim — any application to the court under the old law and includes an appeal (or application for permission to appeal) to the High Court under section 1(2) of the 1979 Act.
This Section does not apply to—
a claim to which Section III of this Part applies; or
a claim on the award Section 62.11(2)
arbitration claim — —
any application to the court under the 1996 Act;
a claim to determine—
what matters have been submitted to arbitration in accordance with an arbitration agreement;
whether there is a valid arbitration agreement;
whether an arbitration tribunal is properly constituted; or
a claim to declare that an award by an arbitral tribunal is not binding on a party; and
any other application affecting—
arbitration proceedings (whether started or not); or
an arbitration agreement Section 62.2(1)
arbitration claim form — a claim form in the form set out in Practice Direction 62 Section 62.1(2)
Article 11 notice — the notification required by Article 11 of the Protection Measures Regulation;
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authorised court officer — any officer of—
the County Court;
a district registry;
the the Family Court;
the High Court; or
the Costs Office,
whom the Lord Chancellor has authorised to assess costs Section 44.1(1)
award — an award under the Convention Section 62.21(1)
award of provisional damages — an award of damages for personal injuries under which—
damages are assessed on the assumption referred to in SCA s.32A or CCA s.51 that the injured person will not develop the disease or suffer the deterioration; and
the injured person is entitled to apply for further damages at a future date if he develops the disease or suffers the deterioration Section 41.1(2)
bank holiday — a bank holiday under the Banking and Financial Dealings Act 1971 in the part of the United Kingdom where service is to take place Section 6.2
British Islands order — a Scottish order, a Northern Ireland order or an Islands order as defined in paragraph 12 of Schedule 4; and
other expressions used have the same meanings as they have in Schedule 4 to the Act Schedule 1, paragraph Rule 24
business day — any day except Saturday, Sunday, a bank holiday, Good Friday or Christmas Day;
“claim” includes petition and any application made before action or to commence proceedings and “claim form”, “claimant” and “defendant” are to be construed accordingly; ...
“solicitor” includes any other person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the conduct of litigation (within the meaning of that Act); and
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caution against arrest — a caution entered in the Register under rule 61.7 Section 61.1(2)
caution against release — a caution entered in the Register under rule 61.8 Section 61.1(2)
Certification Regulations — the Certification of Enforcement Agents Regulations 2014;
“applicant”, “certificate”, “certificated person” and “complainant” have the meanings given in regulation 2 of the Certification Regulations Section 84.17
child — a person under 18 Section 21.1(2)
Circuit Commercial claim — a claim proceeding in a Circuit Commercial Court Section 59.1(3)
Circuit Commercial Court — a specialist list established within the courts listed in Practice Direction 59 Section 59.1(3)
Circuit Commercial judge — a judge authorised to sit in a Circuit Commercial Court Section 59.1(3)
Civil Procedure Convention — any Convention (including the Hague Convention) entered into by the United Kingdom regarding service out of the jurisdiction;
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civil proceedings against the Crown — the civil proceedings described in section 23(2) of the Act, but excluding the proceedings described in section 23(3);
“civil proceedings to which the Crown is a party” has the same meaning as it has for the purposes of Parts III and IV of the Act by virtue of section 38(4) Section 66.1(2)
civil proceedings by the Crown — the civil proceedings described in section 23(1) of the Act, but excluding the proceedings described in section 23(3) Section 66.1(2)
civil restraint order — an order restraining a party—
from making any further applications in current proceedings (a limited civil restraint order);
from issuing certain claims or making certain applications in specified courts (an extended civil restraint order); or
from issuing any claim or making any application in specified courts (a general civil restraint order) Section 2.3(1)
claim for environmental review — a claim made by the Office for Environmental Protection (“OEP”) under section 38 of the Environment Act 2021 Section 54.25(2)
claim for judicial review — a claim to review the lawfulness of—
an enactment; or
a decision, action or failure to act in relation to the exercise of a public function.
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claim for personal injuries — proceedings in which there is a claim for damages in respect of personal injuries to the claimant or any other person or in respect of a person’s death, and “personal injuries” includes any disease and any impairment of a person’s physical or mental condition Section 2.3(1)
claim in personam — an admiralty claim, other than a claim in rem, brought in accordance with section 21(1) of the Senior Courts Act 1981 Section 61.1(2)
claim in rem — a claim in an admiralty action in rem brought in accordance with section 21(2) to (5) of the Senior Courts Act 1981; Section 61.1(2)
claimant — a person who makes a claim;
“CCR” is to be interpreted in accordance with Part 50 Section 2.3(1)
claimant — a person bringing a claim to which this Section applies or an estate on behalf of which such a claim is brought, and includes a person making a counterclaim or an additional claim Section 44.13(2)
claimant — a claimant to whom rules 46.26 to 46.28 apply Section 52.19A(1)
claimant — a person making a contempt application Section 81.2
claimant to controlled goods — any person making a claim to controlled goods Section 85.2(1)
claimant to executed goods — any person making a claim to executed goods;
“the court” has the meaning given in paragraph 60(8) of Schedule 12, in respect of a claim to controlled goods Section 85.2(1)
clear days — that in computing the number of days—
are not included.
the day on which the period begins; and
if the end of the period is defined by reference to an event, the day on which that event occurs Section 2.8(3)
closed material — any relevant material that the Secretary of State objects to disclosing to a relevant party;
“control order proceedings” has the same meaning as in section 11(6) of the Act;
“controlled person”, has the same meaning as in section 15(1) of the Act;
“legal representative” is to be construed in accordance with paragraph 11 of the Schedule to the Act Section 76.1(3)
closed material — —
but which the appropriate Minister objects to disclosing to another party and that party’s legal representative;
material, evidence or submissions to the court upon which the appropriate Minister wishes to rely in proceedings;
material which adversely affects the appropriate Minister’s case or supports another party’s case; or
information which the appropriate Minister is required to file pursuant to an order under rule 79.11(7),
“legal representative” in relation to a party to proceedings other than the appropriate Minister does not include a special advocate Section 79.1(2)
closed material — any relevant material that the Secretary of State objects to disclosing to a relevant party on the grounds that it is contrary to the public interest Section 80.1(3)
closed material — any relevant material that the Secretary of State objects to disclosing to a relevant party on the grounds that disclosure is contrary to the public interest;
“legal representative” is to be construed in accordance with paragraph 4(4)(b) of Schedule 3 to the Act Section 88.1(2)
closed material application — an application of the kind mentioned in section 8(1)(a) of the Act;
“legal representative” is to be construed in accordance with section 14(1) of the Act;
“relevant person” is to be construed in accordance with section 14(1) of the Act;
“Secretary of State” is to be construed in accordance with section 14(1) of the Act;
“section 6 proceedings” is to be construed in accordance with section 14(1) of the Act;
“sensitive material” has the meaning given by section 6(11) of the Act Section 82.1(2)
collision claim — a claim within section 20(3)(b) of the Supreme Court Act 1981 Section 61.1(2)
commercial claim — any claim arising out of the transaction of trade and commerce and includes any claim relating to—
a business document or contract;
the export or import of goods;
the carriage of goods by land, sea, air or pipeline;
the exploitation of oil and gas reserves or other natural resources;
insurance and re-insurance;
banking and financial services;
the operation of markets and exchanges;
the purchase and sale of commodities;
the construction of ships;
business agency; and
arbitration Section 58.1(2)
Commissioners — commissioners for HMRC appointed under section 1 of the Commissioners for Revenue and Customs Act 2005 Section 45.24(3)
common costs — —
costs incurred in relation to the GLO issues;
individual costs incurred in a claim while it is proceeding as a test claim, and
costs incurred by the lead legal representative in administering the group litigation Section 46.6(2)
Commonwealth State — a state listed in Schedule 3 to the British Nationality Act 1981;
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completed bill — a bill calculated to show the amount due following the detailed assessment of the costs Section 47.17(1)
conditional fee agreement — an agreement enforceable under section 58 of the Courts and Legal Services Act 1990 ;
“costs” includes fees, charges, disbursements, expenses, remuneration, reimbursement allowed to a litigant in person under rule 46.5 and any fee or reward charged by a lay representative for acting on behalf of a party in proceedings allocated to the small claims track Section 44.1(1)
contempt application — an application to the court for an order determining contempt proceedings Section 81.2
convention country — a country in relation to which there is a Civil Procedure Convention (which has the same meaning as in rule 6.31(c)) Section 6.49
Convention territory — the territory or territories of any Contracting State, as defined by section 1(3) of the Civil Jurisdiction and Judgments Act 1982, to which the Brussels Conventions or Lugano Convention apply;
‘State’ has the meaning given by section 14 of the State Immunity Act 1978;
‘Diplomatic agent’ has the meaning given by Article 1(e) of Schedule 1 to the Diplomatic Privileges Act 1964 Section 12.12(10)
costs capping order — an order limiting the amount of future costs (including disbursements) which a party may recover pursuant to an order for costs subsequently made Section 3.19(1)
costs judge — a taxing master of the Senior Courts Section 44.1(1)
Costs Office — the Senior Courts Costs Office Section 44.1(1)
costs officer — —
a costs judge;
a District Judge; or
an authorised court officer Section 44.1(1)
court — the High Court, unless otherwise stated Section 54.1(2)
court officer — a member of the court staff Section 2.3(1)
creditor — the person entitled to the benefit of a judgment or order Section 40.9A(1)
creditor — the person who has obtained or is entitled to enforce a judgment or order Section 89.1(2)
damages — damages for future pecuniary loss Section 41.4(2)
damages for personal injuries — damages claimed as compensation for pain, suffering and loss of amenity and does not include any other damages which are claimed Section 26.9(2)
debt — any sum payable to the Commissioners under or by virtue of an enactment or under a contract settlement Section 45.24(3)
debtor — the person against whom a judgment or order was given or made Schedule 2, paragraph Rule A1
debtor — the person liable to make the payment under the judgment or order Section 40.9A(1)
debtor — the person against whom a judgment or order was given or made Section 89.1(2)
debtor’s employer — any person appearing to be the debtor’s employer Section 89.1(2)
debtor’s home court — the court, or County Court hearing centre, serving the address of the debtor Section 40.9A(1)
debtor’s home court — the Central Office or District Registry of the High Court or the County Court hearing centre serving the address where the debtor resides or carries on business;
“enforcement agent” has the meaning given in paragraph 2(1) of Schedule 12 Section 85.2(1)
debtor’s home court — the County Court hearing centre for the district in which the debtor resides or carries on business Section 89.1(2)
debtor’s employer — any person appearing to be the debtor’s employer Section 89.1(2)
debtor’s home court — the court, or County Court hearing centre, serving the address of the debtor Section 40.9A(1)
debtor’s home court — the Central Office or District Registry of the High Court or the County Court hearing centre serving the address where the debtor resides or carries on business;
“enforcement agent” has the meaning given in paragraph 2(1) of Schedule 12 Section 85.2(1)
debtor’s home court — the County Court hearing centre for the district in which the debtor resides or carries on business Section 89.1(2)
decision governed by the Public Contracts Regulations 2015 — any decision the legality of which is or may be affected by a duty owed to an economic operator by virtue of regulations 89 or 90 of those Regulations (and for this purpose it does not matter that the claimant is not an economic operator); and
“economic operator” has the same meaning as in regulation 2(1) of the Public Contracts Regulations 2015 Section 54.5(A1)
deductible amount — —
any benefits by the amount of which damages are to be reduced in accordance with section 8 of, and Schedule 2 to the 1997 Act (“deductible benefits”); and
any lump sum payment by the amount of which damages are to be reduced in accordance with regulation 12 of the 2008 Regulations (“deductible lump sum payments”); and
“certificate”—
in relation to recoverable benefits, is construed in accordance with the provisions of the 1997 Act; and
in relation to recoverable lump sum payments, has the meaning given in section 29 of the 1997 Act, as applied by regulation 2 of, and modified by Schedule 1 to, the 2008 Regulations Section 36.20(1)
default judgment — judgment without trial where a defendant—
has failed to file an acknowledgment of service; or
has failed to file a defence or any document intended to be a defence Section 12.1
defendant — a person against whom a claim is made Section 2.3(1)
defendant — the person against whom the application is made Section 81.2
defendant’s home court — —
...
if a claim is proceeding in the County Court, the County Court hearing centre serving the address where the defendant resides or carries on business; and
if the claim is proceeding in the High Court, the district registry for the district in which the defendant resides or carries on business or, where there is no such district registry, the Royal Courts of Justice;
.. Section 2.3(1)
defendant’s home court — —
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if a claim is proceeding in the County Court, the County Court hearing centre serving the address where the defendant resides or carries on business; and
if the claim is proceeding in the High Court, the district registry for the district in which the defendant resides or carries on business or, where there is no such district registry, the Royal Courts of Justice;
.. Section 2.3(1)
demoted assured shorthold tenancy — a demoted tenancy where the landlord is a registered social landlord or a private registered provider of social housing.
.. Section 55.11(3)
derivative claim — a derivative claim under Chapter 1 of Part 11 of the Act Section 19.15(1)
designation — a designation in accordance with Chapter 1 of Part 1 of the 2010 Act Section 79.1(2)
detailed assessment — the procedure by which the amount of costs is decided by a costs officer in accordance with Part 47 Section 44.1(1)
disobedient party — a party who has not complied with a mandatory order, an injunction or a judgment or order for the specific performance of a contract Section 70.2A(1)
document — anything in which information of any description is recorded; and
“copy”, in relation to a document, means anything onto which information recorded in the document has been copied, by whatever means and whether directly or indirectly Section 31.4
domestic freezing order certificate — a certificate made by the High Court under paragraph 11B of Schedule 4 in relation to property in a country other than the United Kingdom Schedule 1, paragraph Rule 24
electronic track data — a digital or electronic recording of the track of a vessel (including any associated visual or aural recordings) as recorded by, for example, ship or shore-based AIS (Automatic Identification System), ECDIS (Electronic Chart and Display Information System), or a voyage data recorder Section 61.1(2)
enforcement officer — an individual who is authorised to act as an enforcement officer under Schedule 7 to the Courts Act 2003 Section 83.1(2)
enforcement officer — an individual who is authorised to act as an enforcement officer under the Courts Act 2003 Section 85.2(1)
enterprise judge — a judge authorised by the Chancellor of the High Court to sit in the Intellectual Property Enterprise Court;
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executed goods — goods subject to a writ of execution;
“exempt goods” —
in respect of controlled goods has the meaning given in paragraph 3(1) of Schedule 12 and defined in regulations 4 and 5 of the TCG Regulations; and
in respect of executed goods has the meaning given in paragraph 9(3) of Schedule 7 to the Courts Act 2003;
“goods subject to enforcement” refers to either controlled goods or executed goods Section 85.2(1)
extension notice — a notice issued under section 5(2) of the TPIM Act, extending a TPIM notice , or (as the case may be) section 41(2) of the National Security Act extending a Part 2 notice;
“legal representative” is to be construed in accordance with paragraph 4(4)(b) of Schedule 4 to the TPIM Act or (as the case may be) of Schedule 10 to the National Security Act Section 80.1(3)
fee notice — a notice of—
the amount of a trial fee;
the trial fee payment date; and
the consequences of non-payment of the trial fee Section 3.7A1(1)
Fees Order 2008 — the Civil Proceedings Fees Order 2008 Section 3.7A1(1)
Fees Regulations — the Taking Control of Goods (Fees) Regulations 2014 Section 84.2
filing — delivering a document or information, by post or otherwise, to the court office;
“judge” includes, unless the context otherwise requires, a Master, Admiralty Registrar, Insolvency and Companies Court Judge (“ICC Judge”) or District Judge or a person authorised to act as such;
‘judge of the County Court’ has the meaning given in section 5 of the County Courts Act 1984 Section 2.3(1)
final charging order — an order confirming that a charge imposed by an interim charging order continues;
“funds in court” includes securities held in court Section 73.1(2)
Financial List claim — any claim which—
principally relates to loans, project finance, banking transactions, derivatives and complex financial products, financial benchmark, capital or currency controls, bank guarantees, bonds, debt securities, private equity deals, hedge fund disputes, sovereign debt, or clearing and settlement, and is for more than £50 million or equivalent;
requires particular expertise in the financial markets; or
raises issues of general importance to the financial markets Section 63A.1(2)
financial restrictions decision — a decision to which section 63(1) of the 2008 Act or section 27 of the 2010 Act applies Section 79.1(2)
financial restrictions proceedings — —
financial restrictions proceedings within the meaning of section 65 of the 2008 Act; and
proceedings in the High Court on an application under section 27 of the 2010 Act, or on a claim arising from any matter to which such an application relates Section 79.1(2)
fixed costs — costs, the amounts of which are fixed by these Rules;
“free of charge” has the same meaning as in section 194(10) of the 2007 Act;
“fund” includes any estate or property held for the benefit of any person or class of person and any fund to which a trustee or personal representative is entitled in that capacity Section 44.1(1)
foreign court or tribunal — a court or tribunal in a country outside of the United Kingdom Section 6.49
future costs — costs incurred in respect of work done after the date of the costs capping order but excluding the amount of any additional liability Section 3.19(1)
group litigant — a claimant or defendant, as the case may be, whose claim is entered on the group register Section 46.6(2)
hearing — the occasion on which any interim or final decision is or may be made by a judge, at which a person is, or has a right to be, heard in person, by telephone, by video or by any other means which permits simultaneous communication Section 23.1
hearing — the occasion on which any interim or final decision is or may be made by a judge, at which a person is, or has the right be, heard in person, by telephone, by video or by any other means which permits simultaneous communication; and
“judge” has the same meaning as in rule 2.3(1) Section 39.1(1)
hearsay — a statement, made otherwise than by a person while giving oral evidence in proceedings, which is tendered as evidence of the matters stated; and
references to hearsay include hearsay of whatever degree Section 33.1
HMRC — HM Revenue and Customs Section 44.1(1)
HMRC Officer — a person appointed by the Commissioners under section 2 of the Commissioners for Revenue and Customs Act 2005and authorised to conduct County Court proceedings for recovery of debt under section 25(1A)of that Act Section 45.24(3)
incoming protection measure — a protection measure that has been ordered in a Member State of the European Union other than the United Kingdom or Denmark;
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“person causing the risk” has the meaning given to it in the Protection Measures Regulation;
“protected person” has the meaning given to it in the Protection Measures Regulation;
“protection measure” has the meaning given to it in the Protection Measures Regulation Section 74.34
individual costs — costs incurred in relation to an individual claim on the group register Section 46.6(2)
inferior court or tribunal — any court or tribunal that does not have power to issue a witness summons in relation to proceedings before it Section 34.4(3)
insolvency-related proceedings — any proceedings—
in England and Wales brought by a person acting in the capacity of—
a liquidator of a company which is being wound up in England and Wales or Scotland under Parts IV or V of the Insolvency Act 1986; or
a trustee of a bankrupt’s estate under Part IX of the Insolvency Act 1986;
brought by a person acting in the capacity of an administrator appointed pursuant to the provisions of Part II of the Insolvency Act 1986;
in England and Wales brought by a company which is being wound up in England and Wales or Scotland under Parts IV or V of the Insolvency Act 1986; or
brought by a company which has entered administration under Part II of the Insolvency Act 1986 Section 48.2(2)
instalment order — an order for payment of a sum of money by instalments Section 83.15(1)
Intellectual Property Enterprise Court — a specialist list established within the Chancery Division of the High Court Section 63.1(2)
interested party — any person (other than the claimant and defendant) who is directly affected by the claim Section 54.1(2)
interested party — any person (other than the claimant and defendant) who is directly affected by the claim Section 54.25(2)
interim charging order — an interim charging order made in accordance with rule 73.4(5), 73.4(6) or 73.6(3) Section 73.1(2)
IPO — Interim Possession Order; and
“premises” has the same meaning as in section 12 of the Criminal Law Act 1977 Section 55.20(2)
judge — a judge of the High Court Section 87.1(2)
judgment — subject to any other enactment, any judgment given by a foreign court or tribunal, whatever the judgment may be called, and includes—
a decree;
an order;
a decision;
a writ of execution or a writ of control; and
the determination of costs by an officer of the court;
“State of origin”, in relation to any judgment, means the State in which that judgment was given;
“writ of control” is to be construed in accordance with section 62(4) of the Tribunals, Courts and Enforcement Act 2007;
“writ of execution” includes—
and any further writ in favour of any such writs, but does not include a writ of control.
a writ of possession;
a writ of delivery;
a writ of sequestration;
a writ of fieri facias de bonis ecclesiasticis Section 74.2(1)
judgment creditor — the person who has obtained or is entitled to enforce a judgment or order Schedule 2, paragraph Rule A1
judgment creditor — the person seeking recognition or enforcement of an award Section 62.21(1)
judgment creditor — a person who has obtained or is entitled to enforce a judgment or order Section 70.1(2)
judgment debtor — the other party to the award Section 62.21(1)
judgment debtor — a person against whom a judgment or order was given or made;
“judgment or order” includes an award which the court has—
as if it were a judgment or order of the court, and in relation to such an award Section 70.1(2)
judgment debtor’s home court — —
if the application for a charging order is proceeding in the County Court—
in the case of an application under the 1992 Regulations, the County Court hearing centre for the district in which the relevant dwelling (as defined in regulation 50(3)(b) of those Regulations) is situated; or
in other cases, the County Court hearing centre for the district in which the judgment debtor resides or carries on business; or
if the application for a charging order is proceeding in the High Court, the district registry for the district in which the judgment debtor resides or carries on business or, where there is no such district registry, the Royal Courts of Justice Section 73.1(2)
judgment debtor’s home court — —
if the application for a charging order is proceeding in the County Court—
in the case of an application under the 1992 Regulations, the County Court hearing centre for the district in which the relevant dwelling (as defined in regulation 50(3)(b) of those Regulations) is situated; or
in other cases, the County Court hearing centre for the district in which the judgment debtor resides or carries on business; or
if the application for a charging order is proceeding in the High Court, the district registry for the district in which the judgment debtor resides or carries on business or, where there is no such district registry, the Royal Courts of Justice Section 73.1(2)
judicial review costs capping order — a costs capping order made by the High Court or the Court of Appeal in accordance with sections 88, 89 and 90 of the 2015 Act Section 46.16(1)
jurisdiction — unless the context otherwise requires, England and Wales and any part of the territorial waters of the United Kingdom adjoining England and Wales Section 2.3(1)
justices’ legal adviser — a person nominated by the Lord Chancellor who is authorised to exercise functions under section 28(1) of the Courts Act 2003 Section 2.3(1)
justices’ legal adviser — a person nominated by the Lord Chancellor who is authorised to exercise functions under section 28(1) of the Courts Act 2003 Section 2.3(1)
lacks capacity — lacks capacity within the meaning of the 2005 Act Section 21.1(2)
landlord and tenant claim — a claim under—
the Landlord and Tenant Act 1927;
the Leasehold Property (Repairs) Act 1938;
the Landlord and Tenant Act 1954;
the Landlord and Tenant Act 1985; ...
the Landlord and Tenant Act 1987 ; or
section 214 of the Housing Act 2004 Section 56.1(1)
legal adviser — a court officer assigned to the county court who is—
who may exercise the jurisdiction of the county court with regard to matters set out in this Part to the extent specified in this Part, with the consent of the relevant Designated Civil Judge, or their nominee;
a barrister;
a solicitor; or
a Fellow of the Chartered Institute of Legal Executives Section 73.1(2)
legal aid — civil legal services made available under arrangements made for the purposes of Part 1of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 Section 44.1(1)
legal representative — a—
barrister;
solicitor;
solicitor’s employee;
manager of a body recognised under section 9 of the Administration of Justice Act 1985; or
person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the conduct of litigation (within the meaning of that Act),
who has been instructed to act for a party in relation to proceedings;
“litigation friend” has the meaning given by Part 21 Section 2.3(1)
limitation claim — a claim under the Merchant Shipping Act 1995 for the limitation of liability in connection with a ship or other property Section 61.1(2)
LLP — limited liability partnership.
(Section II of Part 46 and paragraphs 6.4 to 6.19 of Practice Direction 46 contain provisions about the procedure and basis for the detailed assessment of solicitor and client costs under Part III of the Act)
(Practice Direction 52 contains provisions about appeals to the High Court from the Solicitors Disciplinary Tribunal under section 49 of the Act) Section 67.1(2)
local authority warrant of control — a warrant of control issued by a local authority under article 5 of the 1993 Order Section 75.1(2)
lower court — the court, tribunal or other person or body from whose decision an appeal is brought but does not include the Court of Appeal Section 52.1(3)
material — anything in which information of any description is recorded;
“party” includes the appropriate Minister unless otherwise stated or unless the context otherwise requires Section 79.1(2)
measures — terrorism prevention and investigation measures (which has the same meaning as in section 2 of the TPIM Act) or (as the case may be) prevention and investigation measures (which has the same meaning as in section 39(2) of the National Security Act) Section 80.1(3)
media and communications claim — a claim which—
satisfies the requirements of paragraph (3) or (4); and
has been issued in or transferred into the Media and Communications List Section 53.1(2)
money provision — a provision for the payment of one or more sums of money in a judgment whose enforcement is governed by section 18 of, and Schedule 6 to, the 1982 Act Section 74.14
more advantageous — better in money terms by any amount, however small, and “at least as advantageous” shall be construed accordingly Section 36.17(2)
MyHMCTS — the online case management tool managed by His Majesty’s Courts and Tribunals Service Section 2.3(1)
news publisher — a person who publishes a newspaper, magazine or website containing news or information about or comment on current affairs Section 48.2(2)
no relevant return to the warrant — that—
the enforcement agent has been unable to seize goods because the enforcement agent has been denied access to premises occupied by the defendant or because the goods have been removed from those premises;
any goods seized under a local authority warrant of control are insufficient to satisfy the debt and the cost of execution; or
the goods are insufficient to cover the cost of their removal and sale Section 75.1(2)
non-money provision — a provision for any relief or remedy not requiring payment of a sum of money in a judgment whose enforcement is governed by section 18 of, and Schedule 7 to, the 1982 Act Section 74.14
open material — any relevant material that the Secretary of State does not object to disclosing to a relevant party;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“relevant material” has the same meaning as in paragraph 4(5) of the Schedule to the Act;
“relevant party” has the same meaning as in paragraph 11 of the Schedule to the Act Section 76.1(3)
open material — any relevant material that the Secretary of State does not object to disclosing to a relevant party on the grounds that it is contrary to the public interest;
“Part 2 notice” has the same meaning as in section 39(1) of the National Security Act Section 80.1(3)
open material — any relevant material that the Secretary of State does not object to disclosing to a relevant party on the grounds that disclosure is contrary to the public interest Section 88.1(2)
order against the Crown — any judgment or order against the Crown, a government department, or an officer of the Crown as such, made—
in civil proceedings by or against the Crown;
in proceedings in the Administrative Court;
in connection with an arbitration to which the Crown is a party; or
in other civil proceedings to which the Crown is a party Section 66.6(2)
order of committal — the imposition of a sentence of imprisonment (whether immediate or suspended) for contempt of court;
A “penal notice” is a prominent notice added to the front of an order by or at the request of a party warning that if the person against whom the order is made (and, in the case of a corporate body, a director or officer of that body) disobeys the court’s order, the person (or director or officer) may be held in contempt of court and punished by a fine, imprisonment, confiscation of assets or other punishment under the law Section 81.2
overseas freezing order — an order made in accordance with paragraph 11D of Schedule 4 in relation to property in the United Kingdom Schedule 1, paragraph Rule 24
Part 2 subject — an individual on whom the Secretary of State has imposed, or is proposing to impose, measures by means of a Part 2 notice Section 80.1(3)
part owner — one of two or more persons who have an interest in the same goods Section 40.14(1)
patent — a patent under the 1977 Act or a supplementary protection certificate granted by the Patent Office under Article 10(1) of Council Regulation (EEC) No. 1768/92 or of Regulation (EC) No. 1610/96 of the European Parliament and the Council and includes any application for a patent or supplementary protection certificate Section 63.1(2)
Patents Court — the Patents Court of the High Court constituted as part of the Chancery Division by section 6(1) of the Senior Courts Act 1981 Section 63.1(2)
paying party — a party liable to pay costs;
“the prescribed charity” has the same meaning as in section 194(8) of the 2007 Act Section 44.1(1)
periodical payments — periodical payments under section 2(1) of the 1996 Act Section 41.4(2)
permission application — an application referred to in section 261(1), 262(2) or 264(2) of the Act Section 19.15(1)
Planning Court claim — a judicial review or statutory challenge which —
involves any of the following matters —
planning permission, other development consents, the enforcement of planning control and the enforcement of other statutory schemes;
applications under the Transport and Works Act 1992;
wayleaves;
highways and other rights of way;
compulsory purchase orders;
village greens;
European Union environmental legislation and domestic transpositions, including assessments for development consents, habitats, waste and pollution control;
national, regional or other planning policy documents, statutory or otherwise; or
any other matter the judge appointed under rule 54.22(2) considers appropriate considers appropriate; and
has been issued or transferred to the Planning Court Section 54.21(2)
preferred hearing centre — if the claim is proceeding in the County Court, the County Court hearing centre the claimant has specified in practice form N1 as the hearing centre to which the proceedings should be sent if necessary;
“protected party” has the meaning given by rule 21.1(2);
“RSC” is to be interpreted in accordance with Part 50;
“statement of case”—
means a claim form, particulars of claim where these are not included in a claim form, defence, counterclaim or other additional claim, or reply to defence; and
includes any further information given in relation to them voluntarily or by court order under rule 18.1;
“statement of value” is to be interpreted in accordance with rule 16.3;
“summary judgment” is to be interpreted in accordance with Part 24;
“tape recorded” includes (as do references to tape recording and tape recorders) recording by the use or means of any other instrument or device Section 2.3(1)
pro bono representation — legal representation provided free of charge Section 44.1(1)
probate claim — a claim for—
not being a claim which is non-contentious (or common form) probate business;
the grant of probate of the will, or letters of administration of the estate, of a deceased person;
the revocation of such a grant; or
a decree pronouncing for or against the validity of an alleged will Section 57.1(2)
probate counterclaim — a counterclaim in any claim other than a probate claim by which the defendant claims any such remedy as is mentioned in rule 57.1(2)(a) Section 57.9(1)
process server — —
a process server appointed by the Lord Chancellor to serve documents to which this Section applies, or
the process server’s agent Section 6.49
protected beneficiary — a protected party who lacks capacity to manage and control any money recovered by them or on their behalf or for their benefit in the proceedings;
“specified debts” has the same meaning as in rule 75.1(2)(e) Section 21.1(2)
protected party — a party, or an intended party, who lacks capacity to conduct the proceedings Section 21.1(2)
Protection Measures Regulation — Regulation (EU) No 606/2013 of the European Parliament and of the Council of 12th June 2013 on mutual recognition of protection measures in civil matters Section 74.34
publication and privacy proceedings — proceedings for—
defamation;
malicious falsehood;
breach of confidence involving publication to the general public;
misuse of private information; or
harassment, where the defendant is a news publisher.
“a mesothelioma claim” is a claim for damages in respect of diffuse mesothelioma (within the meaning of the Pneumoconiosis etc. (Workers’ Compensation) Act 1979; and
“the relevant date” is the date on which sections 44 and 46 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 came into force in relation to proceedings of the sort in question Section 48.2(2)
receiving party — a party entitled to be paid costs Section 44.1(1)
record of court proceedings — —
in the proceedings which led to the conviction for the administration of justice offence referred to in section 54(1)(b) of the 1996 Act or, as the case may be, the proceedings which led to the acquittal.
where the proceedings took place in the Crown Court, a transcript of the evidence; or
where the proceedings took place in a magistrates’ court, a transcript of the evidence if there is one and if not a note of the evidence made by the justices’ legal adviser Section 77.6(3)
recoverable amount — —
“recoverable benefits” as defined in section 1(4)(c) of the 1997 Act; and
“recoverable lump sum payments” as defined in regulation 1 of the 2008 Regulations Section 36.20(1)
referring court or tribunal — the court or tribunal making a reference under section 6A of the Act to the Court of Appeal Section 68.1
relevant enforcement officer — —
in relation to a writ of execution or a writ of control which is directed to a single enforcement officer, that officer; and
in relation to a writ of execution or writ of control which is directed to two or more enforcement officers, the officer to whom the writ is allocated Section 83.1(2)
relevant enforcement officer — —
in relation to a writ of execution which is directed to a single enforcement officer, that officer; and
in relation to a writ of execution which is directed to two or more enforcement officers, the officer to whom the writ is allocated;
“required payments” has the meaning given in paragraph 60(4) of Schedule 12 Section 85.2(1)
relevant material — the material described in paragraph 3(1)(a) to (c) of Schedule 4 to the TPIM Act or (as the case may be) of Schedule 10 to the National Security Act Section 80.1(3)
relevant material — the material described in paragraph 3(1)(a) to (c) of Schedule 3 to the Act Section 88.1(2)
relevant office — —
in the case of High Court proceedings in a Chancery district registry, that registry;
in the case of any other High Court proceedings, Chancery Chambers at the Royal Courts of Justice, Strand, London, WC2A 2LL; and
in the case of County Court proceedings, the office of the County Court hearing centre in question Section 57.1
relevant party — any party to the proceedings other than the Secretary of State;
“relevant proceedings” has the same meaning as in section 62(1) of the National Security Act Section 80.1(3)
relevant party — any party to the proceedings other than the Secretary of State Section 88.1(2)
relevant property — property (including land) which is the subject of a claim or as to which any question may arise on a claim Section 25.1(2)
relevant provision — a provision of an injunction to which a power of arrest is attached.
(Section 36(6) and (7) and section 40(3) and 41(4) of the 2009 Act and section 4(1)(a) and (b) and (2) of the 2014 Act confer powers to attach a power of arrest to an injunction.) Section 65.44(1)
Renting Homes (Wales) claim — a claim or application under the 2016 Act other than a claim —
and includes an appeal under section 78 of the 2016 Act;
for possession;
for a prohibited conduct standard contract order under section 116 of the 2016 Act;
to which the Pre-Action Protocol for Housing Disrepair Cases applies; or
brought in the same proceedings as a claim referred to in paragraphs (i) to (iii) Section 56.5(1)
respondent — —
the person against whom the order is sought; and
such other person as the court may direct Section 23.1
respondent — —
a person other than the appellant who was a party to the proceedings in the lower court and who is affected by the appeal; and
a person who is permitted by the appeal court to be a party to the appeal; .. Section 52.1(3)
revised trial fee payment date — if an application for fee remission is denied in whole or part, the revised date by which the fee or part of it is to be paid, calculated in accordance with the Fees Order 2008 Section 3.7A1(1)
revival notice — a notice issued under section 13(6) of the TPIM Act, reviving a TPIM notice , or (as the case may be) under section 49(6) of the National Security Act, reviving a Part 2 notice Section 80.1(3)
Road traffic accident — an accident resulting in a bodily injury to any person caused by, or arising out of, the use of a motor vehicle on a road or other public place in England and Wales unless the injury was caused wholly or in part by a breach by the defendant of one or more of the relevant statutory provisions as defined by section 53 of the Health and Safety at Work etc. Act 1974 Section 26.9(3)
salvage claim — a claim—
for or in the nature of salvage;
for special compensation under Article 14 of Schedule 11 to the Merchant Shipping Act 1995;
for the apportionment of salvage; and
arising out of or connected with any contract for salvage services Section 61.1(2)
sanctions decision — a decision to which section 38 of the 2018 Act (court review of decisions) applies Section 79.1(2)
sanctions proceedings — proceedings—
on an application under section 38 of the 2018 Act, or
on a claim arising from any matter to which such an application relates Section 79.1(2)
Scale costs — the costs set out in Table A and Table B of the Practice Direction supplementing this Part Section 46.20(4)
Schedule 12 — Schedule 12 to the Act Section 83.1(2)
Schedule 12 — Schedule 12 to the Act;
“creditor” has the meaning given in paragraph 1(6) of Schedule 12;
“co-owner” has the meaning given in paragraph 3(1) of Schedule 12;
“debtor” has the meaning given in paragraph 1(5) of Schedule 12;
“enforcement agent” has the meaning given in paragraph 2(1) of Schedule 12 Section 84.2
Schedule 12 — Schedule 12 to the Act Section 85.2(1)
Schedule 4 — Schedule 4 to the Act; .. Schedule 1, paragraph Rule 24
SCPO — a serious crime prevention order under section 1 or section 9 of the 2007 Act Section 77.1A
securities — securities of any of the kinds specified in section 2(2)(b) of the 1979 Act Section 73.1(2)
Single joint expert — an expert instructed to prepare a report for the court on behalf of two or more of the parties (including the claimant) to the proceedings Section 35.2(2)
special advocate — a person appointed under paragraph 7 of the Schedule to the Act Section 76.1(3)
special advocate — a person appointed under section 68 of the 2008 Act (including that section as applied by section 28(4) of the 2010 Act and section 40(1) of the 2018 Act) Section 79.1(2)
special advocate — a person appointed under paragraph 10(1) of Schedule 4 to the TPIM Act or of Schedule 10 to the National Security Act;
“TPIM notice” has the same meaning as in section 2(1) of the TPIM Act;
“TPIM proceedings” has the same meaning as in section 30(1) of the TPIM Act Section 80.1(3)
special advocate — a person appointed under section 9(1) of the Act Section 82.1(2)
special advocate — a person appointed under paragraph 10(1) of Schedule 3 to the Act;
“TEO proceedings” has the same meaning as in paragraph 1 of Schedule 3 to the Act Section 88.1(2)
special directions — directions given in addition to or instead of the standard directions Section 27.4(3)
Specialist Circuit Judge — any Circuit Judge in the County Court nominated to hear cases in the Circuit Commercial, Chancery or Technology and Construction Court lists Section 52.4(4)
specially represented party — a party, other than the appropriate Minister, whose interests a special advocate represents Section 79.1(2)
specially represented party — a party whose interests a special advocate represents Section 82.1(2)
specified debts — the debts specified in article 2 of the 1993 Order or treated as so specified by any other enactment; and
“the authority”, “notice of the amount due”, “order” and “the respondent” have the meaning given by Practice Direction 75 Section 75.1(2)
stakeholder — any person to whom paragraph (1) applies Section 86.1(2)
stakeholder application — an application made under rule 86.2(1) Section 86.1(2)
standard directions — —
a direction that each party shall, at least 14 days before the date fixed for the final hearing, file and serve on every other party copies of all documents (including any expert’s report) on which he intends to rely at the hearing; and
any other standard directions set out in Practice Direction 27A Section 27.4(3)
statement of means — a statement given under section 14(1) of the 1971 Act Section 89.8(1)
stop notice — a notice issued by the court which requires a person or body not to take, in relation to securities specified in the notice, any of the steps listed in section 5(5) of the 1979 Act, without first giving notice to the person who obtained the notice; and
“securities” does not include securities held in court Section 73.16
stop order — an order of the High Court not to take, in relation to funds in court or securities specified in the order, any of the steps listed in section 5(5) of the 1979 Act Section 73.11
summary assessment — the procedure whereby costs are assessed by the judge who has decided the case or application or where rule 44.6(2) applies Section 44.1(1)
Supervising Solicitor — a solicitor experienced in the operation of search orders, who is not an employee or member of the applicant’s firm of solicitors Section 25.16
suspension claim — a claim made by a landlord for a suspension order Section 65.11(2)
suspension period — the period during which the suspension order suspends the right to buy in relation to the dwelling house Section 65.11(2)
taking control of goods — using the procedure to take control of goods contained in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 Section 21.1(2)
TCC claim — a claim which—
satisfies the requirements of paragraph (3); and
has been issued in or transferred into the specialist list for such claims Section 60.1(2)
TCC judge — any judge authorised to hear TCC claims Section 60.1(2)
TCG procedure — the procedure in Schedule 12 to take control of goods and sell them to recover a sum in accordance with that Schedule and regulations made under it Section 83.1(2)
TCG Regulations — the Taking Control of Goods Regulations 2013;
“warrant of control” is to be construed in accordance with section 62(4) of the Act;
“writ of control” is to be construed in accordance with section 62(4) of the Act;
“writ of execution” includes—
and any further writ in aid of any such writs, but does not include a writ of control.
a writ of possession;
a writ of delivery;
a writ of sequestration;
a writ of fieri facias de bonis ecclesiasticis Section 83.1(2)
TCG Regulations — the Taking Control of Goods Regulations 2013;
“writ of control” and “warrant of control” are to be construed in accordance with section 62(4) of the Act Section 84.2
TCG Regulations — the Taking Control of Goods Regulations 2013;
“warrant of control” is to be construed in accordance with section 62(4) of the Act;
“writ of control” is to be construed in accordance with section 62(4) of the Act;
“writ of execution” includes—
and any further writ in aid of any such writs, but does not include a writ of control;
a writ of possession;
a writ of delivery;
a writ of sequestration;
writs relating to ecclesiastical property, namely—
a writ of fieri facias de bonis ecclesiasticis;
a writ of sequestrari de bonis ecclesiasticis,
the following words or phrases have the meaning given in paragraph 1 of Schedule 12, in respect of a claim to controlled goods—
“creditor Section 85.2(1)
Technology and Construction Court — any court in which TCC claims are dealt with in accordance with this Part or Practice Direction 60 Section 60.1(2)
TEO — a temporary exclusion order (which has the same meaning as in section 2 of the Act) Section 88.1(2)
TEO subject — an individual on whom the Secretary of State has imposed, or is proposing to impose, a TEO Section 88.1(2)
testamentary document — a will, a draft of a will, written instructions for a will made by or at the request of, or under the instructions of, the testator, and any document purporting to be evidence of the contents, or to be a copy, of a will which is alleged to have been lost or destroyed;
“will” includes a codicil Section 57.1
the 1920 Act — the Administration of Justice Act 1920 Section 74.1(5)
the 1933 Act — the Foreign Judgments (Reciprocal Enforcement) Act 1933 Section 74.1(5)
the 1950 Act — the Arbitration Act 1950 Section 62.1(2)
the 1954 Act — the Landlord and Tenant Act 1954 Section 56.3(2)
the 1966 Act — the Arbitration (International Investment Disputes) Act 1966 Section 62.21(1)
the 1971 Act — the Attachment of Earnings Act 1971 and unless the context otherwise requires or this Part otherwise provides, expressions used in that Act have the same meanings as in that Act Section 89.1(2)
the 1975 Act — the Evidence (Proceedings in Other Jurisdictions) Act 1975 Section 34.16(2)
the 1975 Act — the Arbitration Act 1975 Section 62.1(2)
the 1977 Act — the Patents Act 1977 Section 63.1(2)
the 1979 Act — the Arbitration Act 1979 Section 62.1(2)
the 1979 Act — the Charging Orders Act 1979 Section 73.1(2)
the 1982 Act — the Civil Jurisdiction and Judgments Act 1982 Section 6.31
the 1982 Act — the Civil Jurisdiction and Judgments Act 1982;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 74.1(5)
the 1985 Act — the Housing Act 1985 Section 55.1
the 1988 Act — the Criminal Justice Act 1988 and a section referred to by number means the section so numbered in that Act Schedule 1, paragraph Rule 22(1)
the 1988 Act — the Housing Act 1988 Section 55.1
the 1988 Act — the Copyright, Designs and Patents Act 1988 Section 63.1(2)
the 1992 Regulations — the Council Tax (Administration and Enforcement) Regulations 1992 Section 73.1(2)
the 1993 Order — the Enforcement of Road Traffic Debts Order 1993;
“relevant period”, in relation to any particular case, means—
the period allowed for serving a statutory declaration or witness statement under any enactment which applies to that case; or
where an enactment permits the court to extend that period, the period as extended Section 75.1(2)
the 1994 Act — the Trade Marks Act 1994 Section 63.1(2)
the 1996 Act — the Damages Act 1996 Section 41.4(2)
the 1996 Act — the Arbitration Act 1996;
references to—
include references to that Act or to the particular section of that Act as applied with modifications by the ACAS Arbitration Scheme (England and Wales) Order 2001; and
the 1996 Act; or
any particular section of that Act Section 62.1(2)
the 1996 Act — the Criminal Procedure and Investigations Act 1996 Section 77.6(3)
the 1997 Act — the Social Security (Recovery of Benefits) Act 1997 Section 36.20(1)
the 1998 Act — the Crime and Disorder Act 1998;
“relevant authority” has the same meaning as in section 1(1A) of the 1998 Act Section 65.21(2)
the 2003 Act — the Anti-social Behaviour Act 2003; and
“relevant authority” has the same meaning as in section 26C of the 2003 Act Section 65.37(2)
the 2003 Act — the Anti-social Behaviour Act 2003 Section 65.8(2)
the 2005 Act — the Mental Capacity Act 2005 Section 21.1(2)
the 2005 Hague Convention — the Convention on Choice of Court Agreements concluded on 30th June 2005 at the Hague Section 12.12(10)
the 2005 Hague Convention — the Convention on Choice of Court Agreements concluded on 30th June 2005 at the Hague Section 6.31
the 2005 Hague Convention — the Convention on Choice of Court Agreements concluded on 30th June 2005 at The Hague Section 74.1(5)
the 2006 Act — the Violent Crime Reduction Act 2006;
“relevant authority” has the same meaning as in section 14(1) of the 2006 Act Section 65.31(2)
the 2006 Act — the Police and Justice Act 2006 Section 65.8(3)
the 2007 Act — the Legal Services Act 2007 Section 44.1(1)
the 2007 Act — the Serious Crime Act 2007 Section 77.1A
the 2008 Act — the Counter-Terrorism Act 2008;
the 2010 Act” means the Terrorist Asset-Freezing etc. Act 2010 Section 79.1(2)
the 2008 Regulations — the Social Security (Recovery of Benefits)(Lump Sum Payments) Regulations 2008 Section 36.20(1)
the 2009 Act — the Policing and Crime Act 2009” Section 65.42(2)
the 2013 Act — the Presumption of Death Act 2013 Section 57.17(2)
the 2014 Act — the Anti-Social Behaviour, Crime and Policing Act 2014 Section 65.42(2)
the 2015 Act — the Criminal Justice and Courts Act 2015 Section 46.16(1)
the 2016 Act — the Renting Homes (Wales) Act 2016;
“a contract-holder” is the person who makes an occupation contract with a landlord and is a contract-holder under sections 7 and 48 of the 2016 Act;
“Convention rights” has the meaning provided by the Human Rights Act 1998 Section 55.30
the 2016 Act — the Renting Homes (Wales) Act 2016 Section 56.5(1)
the 2016 Act — the Renting Homes (Wales) Act 2016 Section 65.11(2)
the 2017 Act — the Guardianship (Missing Persons) Act 2017 Section 57.25(2)
the 2018 Act — the Sanctions and Anti-Money Laundering Act 2018 Section 79.1(2)
the 2019 Hague Convention — the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters concluded on 2nd July 2019 at The Hague Section 74.1(5)
the Act — the International Criminal Court Act 2001 Schedule 1, paragraph 37
The Act — the Drug Trafficking Act 1994 and a section referred to by number means the section so numbered in the Act Schedule 1, paragraph Rule 1(1)
the Act — Terrorism Act 2000 Schedule 1, paragraph Rule 24
the Act — the Companies Act 2006 Section 19.15(1)
the Act — —
in a provision headed “RSC”, the Supreme Court Act 1981; and
in a provision headed “CCR”, the County Courts Act 1984 Section 50(7)
the Act — the Charities Act 1993;
“charity proceedings” has the same meaning as in section 33(8) of the Act Section 64.5(2)
the Act — the Crown Proceedings Act 1947 Section 66.1(2)
the Act — the Solicitors Act 1974 Section 67.1(2)
the Act — the Prevention of Terrorism Act 2005 Section 76.1(3)
the Act — the Justice and Security Act 2013 Section 82.1(2)
the Act — the Tribunals, Courts and Enforcement Act 2007 Section 83.1(2)
the Act — the Tribunals Courts and Enforcement Act 2007 Section 84.2
the Act — the Tribunals, Courts and Enforcement Act 2007;
“claim to controlled goods” is a claim made under paragraph 60(1) of Schedule 12 Section 85.2(1)
the Act — the Counter-Terrorism and Security Act 2015 Section 88.1(2)
the Admiralty Court — the Admiralty Court of the King’s Bench Division of the High Court of Justice Section 61.1(2)
the Admiralty Judge — the judge in charge of the Admiralty Court and any other judge authorised to sit in the Admiralty Court Section 61.1(2)
the Admiralty Registrar — the holder of the office of this name listed in column 1 of Part II of Schedule 2 to the Senior Courts Act 1981 or any person who is authorised to exercise the powers of this office in accordance with s.91(1) of the Act Section 61.1(2)
the appropriate office — —
where the proceedings in which execution is to issue are in a District Registry, that Registry;
where the proceedings are in the Principal Registry of the Family Division, that Registry;
where the proceedings are Admiralty proceedings or commercial proceedings which are not in a District Registry, the Admiralty and Commercial Registry;
where the proceedings are in the Chancery Division, Chancery Chambers;
in any other case, the Central Office of the Senior Courts Section 83.9(1)
the Centre — the Traffic Enforcement Centre established under the direction of the Lord Chancellor;
“enforcement agent” has the meaning given in paragraph 2(1) of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 Section 75.1(2)
the claimant — the person making the Renting Homes (Wales) claim, irrespective of whether it is a claim or application under the 2016 Act Section 56.5(1)
the Commissioners — the Charity Commissioners for England and Wales Section 64.5(2)
the company — the company for the benefit of which the derivative claim is brought Section 19.15(1)
the Comptroller — the Comptroller General of Patents, Designs and Trade Marks Section 63.1(2)
the Convention — the Convention on the settlement of investment disputes between States and nationals of other States which was opened for signature in Washington on 18th March 1965 Section 62.21(1)
the court — a reference to the County Court, a District Registry, or the Royal Courts of Justice Section 2.3(3)
the court which made the judgment or order — the court which registered the award or made such an order; and
registered for enforcement;
ordered to be enforced; or
given permission to enforce
“judgment or order” also includes an award enforceable under the Judgments Regulation (Regulation (EU) No. 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast)) as if it were an order or judgment of the court, and in relation to such an award Section 70.1(2)
the creditor — a person who has obtained or who is entitled to enforce a judgment or order Section 83.1(2)
the debtor — a person against whom a judgment or order was given or made;
“enforcement agent” has the meaning given in paragraph 2(1) of Schedule 12 Section 83.1(2)
the Director (legal aid) — the person designated as the Director of Legal Aid Casework pursuant to section 4 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, or a person entitled to exercise the functions of the Director Section 44.1(1)
the environmental review procedure — the Part 8 procedure as modified by this Section Section 54.25(2)
the Hague Convention — the Convention on the service abroad of judicial and extrajudicial documents in civil or commercial matters signed at the Hague on 15 November 1965 Section 6.31
the Hague Evidence Convention — the Hague Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters Section 34.16(2)
the ICC — the International Criminal Court Schedule 1, paragraph 37
the journal — the journal published pursuant to rules under section 123(6) of the 1977 Act Section 63.10(9)
the Judgments Regulation — Council Regulation (EC) No. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, as amended from time to time and as applied by the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters Section 12.12(10)
the judicial review procedure — the Part 8 procedure as modified by this Section Section 54.1(2)
the Lugano Convention — the Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, between the European Community and the Republic of Iceland, the Kingdom of Norway, the Swiss Confederation and the Kingdom of Denmark and signed by the European Community on 30th October 2007 Section 12.12(10)
the Marshal — the Admiralty Marshal;
“ship” includes any vessel used in navigation; .. Section 61.1(2)
the Mediation Service — the Small Claims Mediation Service operated by His Majesty’s Courts and Tribunals Service Section 26.6(3)
the missing person — the person who is or has been asserted to be “missing” within the meaning of the 2017 Act Section 57.25(2)
the National Security Act — the National Security Act 2023 Section 80.1(3)
the old law — the enactments specified in Schedules 3 and 4 of the 1996 Act as they were in force before their amendment or repeal by that Act Section 62.11(2)
the principal proceedings — any proceedings in the County Court Section 65.21(2)
the principal proceedings — any proceedings in the County Court Section 65.31(2)
the prosecutor — the person with conduct of proceedings which have been instituted in England and Wales for an offence under any of sections 15 to 18 of the Act, or the person who the High Court is satisfied will have the conduct of any proceedings for such an offence; .. Schedule 1, paragraph Rule 24
the Register — the Register of cautions against arrest and release which is open to inspection as provided by Practice Direction 61 Section 61.1(2)
the register — whichever of the following registers is appropriate—
patents maintained by the Comptroller under section 32 of the 1977 Act;
designs maintained by the registrar under section 17 of the Registered Designs Act 1949;
trade marks maintained by the registrar under section 63 of the 1994 Act;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
plant varieties maintained by the Controller under regulation 12 of the Plant Breeders’ Rights Regulations 1998; and
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 63.1(2)
the Registrar — the Admiralty Registrar Section 61.1(2)
the registrar — —
whichever is appropriate.
the registrar of trade marks; or
the registrar of registered designs Section 63.1(2)
the relevant period — —
in the case of an offer made not less than 21 days before a trial, the period specified under rule 36.5(1)(c) or such longer period as the parties agree;
otherwise, the period up to the end of such trial Section 36.3
the relevant Protocol — —
the Pre-Action Protocol for Personal Injury Claims in Road Traffic Accidents (‘the RTA Protocol’); or
the Pre-action Protocol for Low Value Personal Injury Claims (Employers’ Liability and Public Liability) Claims (‘the EL/PL Protocol’); and
a reference to a table by number alone is a reference to the corresponding table in Practice Direction 45 Section 45.1(7)
the TPIM Act — the Terrorism, Prevention and Investigation Measures Act 2011 and Section 80.1(3)
TPIM subject — an individual on whom the Secretary of State has imposed, or is proposing to impose, measures by means of a TPIM notice Section 80.1(3)
trial — any trial in a case whether it is a trial of all issues or a trial of liability, quantum or some other issue in the case;
a trial is “in progress” from the time when it starts until the time when judgment is given or handed down;
a case is “decided” when all issues in the case have been determined, whether at one or more trials;
“trial judge” includes the judge (if any) allocated in advance to conduct a trial Section 36.3
trial date — the date of the trial in relation to which the trial fee is payable, and if the trial in relation to which the trial fee is payable is scheduled to commence during the course of a specified period Section 3.7A1(1)
trial fee — fee 2.1 set out in the Table in Schedule 1 to the Fees Order 2008 and payable for the trial of a case on the multi-track, intermediate track fast track or small claims track Section 3.7A1(1)
trial fee payment date — the date by which the trial fee must be paid, calculated in accordance with the Fees Order 2008 Section 3.7A1(1)
Type A fixed costs — the legal representative’s costs Section 45.29(1)
Type B fixed costs — the advocate’s costs Section 45.29(1)
Type C fixed costs — the costs for the advice on the amount of damages where the claimant is a child Section 45.29(1)
variation notice — a notice issued under section 12(1)(c) of the TPIM Act, varying the TPIM notice without the individual’s consent , or (as the case may be) under section 48(1)(c) of the National Security Act, varying the Part 2 notice without the individual’s consent Section 80.1(3)
VAT — Value Added Tax Section 44.1(1)
warrant of specific delivery — a warrant to recover goods without alternative provision for recovery of their value Section 83.23(1)