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The Queen's Bench Guide

Contents



Foreword

1. Introduction
1.1 The Guide
1.2 The Civil Procedure Rules
1.3 The Practice Directions
1.4 The Forms
1.5 The Queen's Bench Division
1.6 The Central Office
1.7 The Judiciary

2. General
2.1 Essential matters
2.2 Inspection and copies of documents
2.3 Time limits
2.4 Legal representation
2.5 Costs
2.6 Court fees
2.7 Information technology

3. Steps before the Issue of a Claim Form
3.1 Settlement
3.2 Disclosure before proceedings are started
3.3 Defamation proceedings

4. Starting Proceedings in the Central office
4.1 Issuing the claim form
4.2 Particulars of Claim (POC)
4.3 Part 8 Procedure
4.4 Service
Within the jurisdiction
Out of the jurisdiction

5. Response to a Part 7 Claim
5.1 General
5.2 Acknowledgement of service
5.3 Admissions
5.4 Defence
5.5 Default Judgment
5.6 Statements of case

6. Preliminary Case Management
6.1 The Practice Master
6.2 Assignment to Masters
6.3 Listing before Masters
6.4 Automatic transfer
6.5 Allocation
6.6 Alternative dispute resolution ("ADR")
6.7 Part 8- alternative procedure for claims
6.8 Specific matters which may be dealt with under Part 8
Settlements on behalf of children and patients
Summary order for possession
Settlement of a provisional damages claim
Costs only proceedings
6.9 Transfer
6.10 Part 20 proceedings
6.11 Summary Judgment
6.12 Offers to settle and payments into and out of court

7. Case Management and Interim Remedies
7.1 Case management - general
7.2 The case management conference
7.3 Preliminary issues
7.4 Trial timetable
7.5 Pre Trial Checklist
7.6 Pre-trial review
7.7 Requests for further information
7.8 Disclosure
7.9 Experts and Assessors
7.10 Evidence
7.11 Hearings
Hearings generally
Preparation for hearings
Recording of proceedings
7.12 Applications
7.13 Interim remedies
7.14 Interlocutory Orders

8. Defamation Claims
8.1 Offer to make amends
8.2 Ruling on meaning
8.3 Summary disposal
8.4 Statements read in Court

9. Listing before Judges
9.1 Responsibility for listing
9.2 The Lists
9.3 The Jury List
9.4 The Trial List
9.5 The Interim Hearings List
9.6 General
9.7 Listing before the Interim Applications Judge
9.8 The Lists generally
9.9 Listing Office- general matters

10. Trial, Judgments and Orders
10.1 General
10.2 The Trial
10.3 Judgments and orders
Judgment or order for payment of money on behalf of a child or patient
Provisional damages

11. Appeals
11.1 General
11.2 Permission to appeal
11.3 Appeal Notices
11.4 Procedure where permission is obtained
11.5 Disposing of applications for permission and appeals where the Appellant does not wish to proceed.
11.6 Appeals in cases of contempt of court

12. Enforcement
12.1 General
12.2 Writs of execution
12.3 Interpleader proceedings (RSC O.17)
12.4 Examination of judgment debtor (RSC O.48)
12.5 Third Party Debt Order proceedings (RSC O.49)
12.6 Charging orders (RSC O.50)
12.7 Receivers; equitable execution (RSC O.51)
12.8 Committals, etc. (RSC O.52)
12.9 Execution against property of Foreign or Commonwealth States
12.10 Recovery of enforcement costs 89
12.11 Enforcement of Magistrates' Courts' orders
12.12 Enforcement of Foreign Judgments and enforcement of High Court judgments abroad

13. Miscellaneous
13.1 Service of foreign process (CPR 6.32) Council Regulation (EC) No 1348/2000
13.2 Rectification of register of deeds of arrangement (RSC O.94 r.4)
13.3 Exercise of jurisdiction under the Representation of the People Acts (RSC O.95 r.5)
13.4 Bills of Sale Acts 1878 and 1882 and the Industrial and Provident Societies Act 1967 (RSC O.95)
13.5 Enrolment of deeds and other documents
13.6 Bail (RSC O.79 r.9)
13.7 References to the Court of Justice of the European Communities
13.8 Group Litigation Orders "GLOs"

Annex 1 - Fees

Annex 2 - Masters' abbreviations


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