Queen's Bench Guide
13. Miscellaneous
13.1 Service of Foreign Process (CPR 6.32) and Council Regulation (EC) No 1348/2000:
13.1.1 CPR 6.32 applies to the service on a person in England or Wales of any process in connection with civil or commercial proceedings in a foreign court or tribunal, except those countries to which the Service Regulation is applicable (see 12.1.4 below). A request for service is made to the Senior Master from either Her Majesty's Principal Secretary of State for Foreign and Commonwealth Affairs, or where the foreign court or tribunal is in a convention country, from a consular or other authority of that country.
13.1.2 Where the foreign court or tribunal certifies that the person to be served understands the language of the process, it is not necessary to provide a translation. CPR 6.34 deals with the manner of service; the process may be served through the Bailiff of the county court and the usual practice is for the Senior Master to provide a certificate for the bailiff or county court officer to use. The Senior Master may make an order for service by an alternative method based on the bailiff's certificate.
13.1.3 When service has been effected, the Senior Master will send a certificate, together with a copy of the process served, (if applicable) to the authority who requested service, stating how service was effected, or why service could not be effected. There is a discretion to charge for the costs of service or attempted service, but recovery is usually sought only where the country requesting service does not provide a reciprocal free service.
13.1.4 Council Regulation (EC) No 1348/2000 ('the Service Regulation') applies to service on a person in England & Wales of proceedings in from courts in other European Union Member States, and provides a complete code for service of proceedings between member states. The Senior Master is the central body designated under Article 3 of the Regulation. The Regulation can be found at CPR Practice Direction 6.36.
13.2 Rectification of register of deeds of arrangement (RSC O.94 r.4)
13.2.1 Deeds of arrangement must be registered. The registration office is at the Department of Trade.
13.2.2 An application for an order as set out in RSC O.94 r.4(1)(a) or (b) must be made to a Master of the Queen's Bench Division. Notice need not be served on any other party and a witness statement must support the application or affidavit as described in rule 4(2).
13.3 Exercise of jurisdiction under the Representation of the People Acts (RSC O.94 r.5):
13.3.1 RSC O.94 r.5 describes the jurisdiction of the High Court under the above Acts. The practice is governed by the Election Petition Rules 1960 (as amended). The Senior Master is the Prescribed Officer.
13.3.2 Under Part III of the Representation of the People Act 1983, the result of a parliamentary or local government election may be questioned on the grounds of some irregularity either before or during the election. The provisions of Part III have also been applied to European Parliamentary elections.
13.3.3 The challenge is made by the issue of an Election Petition
- in respect of a Parliamentary election by one or more electors or
- in respect of a local government election by four or more electors,
or by an unsuccessful or alleged candidate.
The member/councillor whose election is complained of is a Respondent to the petition as is the Returning Officer if his/her conduct is complained of. The petition is issued in the Election Petitions Office, Room E08, normally within 21 days of the election. (although this may be extended in certain circumstances).
13.3.4 The petition is tried by two High Court Judges of the Queen's Bench Division in respect of Parliamentary elections or by a Commissioner in respect of Local Government elections. The Commissioner must be a lawyer of not less than 10 years standing who neither resides nor practices in the area concerned. The trial usually takes place in the constituency/local government area for which the Election Petition has been issued, although preliminary matters are usually dealt with at the Royal Courts of Justice.
13.3.5 The election court may confirm the result of the election, or substitute another candidate as the member/councillor, or may order the election to be re-run.
13.3.6 Applications for remedies under various sections of the Representation of the People Act 1983 are also issued in the Election Petitions Office, and are usually heard by an Election Rota Judge.
13.3.7 Outside the court offices' opening times, but while the building is still open to the public, election petitions and applications may be left in the letterbox located outside Room E08. When the building is closed, Election Petitions and applications may be left with Security at the Main Entrance, up until midnight on the last day for service.
13.4 Bills of Sale Acts 1878 and 1882 and the Industrial and Provident Societies Act 1967 (RSC O.95)
13.4.1 Every bill of sale and absolute bill of sale to which the Act of 1878 applies must be registered under s.8 of that Act, within 7 clear days of its making, and, under s.11 of the Act of 1878, the registration of a bill of sale must be renewed at least once every 5 years. The register for the purpose of the Bills of Sale Acts contains the particulars of registered bills of sale and an alphabetical index of the names of the grantors, and is kept in the Action Department in Room E15 – E17.
13.4.2 An application to register a bill of sale, which is made within the prescribed time, should be made by filing in Room E15-E17 the original bill of sale and any document annexed to it together with a witness statement or affidavit in form PF 179 or PF 180. An application to re-register a bill of sale, which is made within the prescribed time, should be made by filing in Room E15-E17 a witness statement or affidavit in form PF 181.
13.4.3 An application to rectify;
- an omission to register, by extending the time for registration, or
- an omission or mis-statement of the name, residence or occupation of a person in the register, by correcting the registration,
must be made by witness statement or affidavit to a Master of the Queen's Bench Division. In addition to the matters set out in forms PF 179 or PF 180, the evidence in support must also set out the particulars of the omission and state the grounds on which the application is made.
13.4.4 Where the residence of the grantor of the bill of sale or the person against whom the process is issued is outside the London bankruptcy district, or where the bill of sale describes the goods as being in a place outside that district, the Central Office will send copies of the bill of sale to the appropriate county court district judge.
13.4.5 The Master, on being satisfied that the omission or mis-statement of name, residence or occupation of a person in the register was accidental or due to inadvertence, may order the omission or mis-statement to be rectified by the insertion in the register of the correct name, residence or occupation of the person.
13.4.6 Where the Master is satisfied that the omission to register a bill of sale or a witness statement or affidavit of renewal within the prescribed time was accidental or due to inadvertence, s/he may extend the time for registration on such terms ass/he thinks fit. In order to protect any creditors who have accrued rights of property in the assets in respect of which the bill of sale was granted between the date of the bill and its actual registration, any order to extend the time for registration will normally be made "without prejudice" to those creditors. The order will be drawn up in form PF 182.
13.4.7 An application for an order that a memorandum of satisfaction be written on a registered copy of a bill of sale, made without the consent of the person entitled to the benefit of the bill of sale, must be made by the issue of a Part 8 Claim Form. Where the consent of the person entitled to the benefit of the bill of sale has been obtained, the application may be made by a witness statement or affidavit containing that consent and verifying the signature on it. Form PF 183 contains precedents for the evidence and forms of consent. Where the application is made with consent, the evidence need not be served on any other person. If the Master is satisfied on the evidence, s/he will endorse his/her approval on the witness statement or affidavit (an order is not normally drawn up) and send it to Room E17 for a memorandum of satisfaction to be entered on the copy of the Bill in the Registry. If a copy of the bill of sale has been sent to a county court district judge, a notice of satisfaction will be sent to that district judge.
13.4.8 Where the consent has not been obtained, the Claim Form must be served on the person entitled to the benefit of the bill of sale and must be supported by evidence that the debt (if any) for which the bill of sale was made has been satisfied or discharged.
13.4.9 An application to restrain removal on sale of goods seized in accordance with RSC O.95 r.3 and under the proviso to s.7 of the Bills of Sale Act (1878) Amendment Act 1882 must be made by the issue of a Part 8 Claim Form for hearing before the Interim Applications Judge.
13.4.10 Under the Industrial and Provident Societies Act 1967 an application to record an instrument creating a fixed or floating charge on the assets of a registered society or to rectify any omission or mis-statement in it must be made within 14 days beginning with the date of its execution.
13.4.11 Under RSC O.95 r.5 and in accordance with s.1(5) of the Act of 1967 the court may order;
- that the period for making an application for recording a charge be extended, or
- an omission or mis-statement in such an application be rectified.
The procedure for obtaining an order as in (1) or (2) above is similar to that under s. 14 of the Bills of Sale Act 1878 and must be made by witness statement or affidavit to a Master of the Queen's Bench Division as in paragraph 13.4.3 above and must exhibit a copy of the instrument duly authenticated in the prescribed manner together with any other particulars relating to the charge.
13.4.12 RSC O.95 r.3 refers to the assignment of book debts; the register of assignments of book debts is kept in Room E15- E17 in the Central Office. An application for registration under s. 344 of the Insolvency Act 1986 should be made in accordance with RSC O.95 r.6(2). Parties may use form PF 186 for their evidence in support. It is helpful if the original assignment is also produced.
13.5 Enrolment of deeds and other documents
13.5.1 Any deed or document which by virtue of any enactment is required or authorised to be enrolled in the Supreme Court may be enrolled in the Central Office. See the Part 5 Practice Direction at paragraph 6, which fully sets out the procedure for enrolment and contains in an appendix the Enrolment of Deeds (Change of Name) Regulations 1994.
13.6 Bail
13.6.1 With the coming into force on 5th April 2004 of section 17 of the Criminal Justice Act 2003, the Queen's Bench Division of the High Court no longer has the power to grant bail in criminal proceedings to a defendant in custody who has been refused bail, or to vary the arrangements for bail of an inferior court.
13.6.2 The limited remaining right of the High Court to grant bail in specific circumstances is exercised by the Administrative Court.
13.7 References to the Court of Justice of the European Communities:
13.7.1 A party wishing to apply for an order under CPR 68 may do so by application before or at the trial or hearing. An application made before the trial or hearing should be made in accordance with Part 23.
13.7.2 Before making an order for reference, the Court will pay close attention to the terms of Part 68 of the CPR, to form PF 109 and to the "Guidance of the Court of Justice of the European Communities on References by National Courts for Preliminary Rulings" which may be found in the Practice Direction (ECJ References: Procedure) (1999) 1 WLR 260.
13.7.3 It is the responsibility of the Court, rather than the parties, to settle the terms of the reference. This should identify as clearly, succinctly and simply as the nature of the case permits the question to which the Court of England & Wales seeks an answer and it is very desirable that language should be used which lends itself readily to translation.
13.7.4 The referring court should, in a single document scheduled to the order (in form PF 109);
- identify the parties and summarise the nature and history of the proceedings,
- summarise the salient facts, indicating whether these are proved or admitted or assumed,
- make reference to the rules of national law (substantive and procedural) relevant to the dispute,
- summarise the contentions of the parties as far as relevant,
- explain why a ruling of the European Court is sought, identifying the EC provisions whose effect is in issue, and
- formulate, without avoidable complexity, the question(s) to which an answer is requested.
13.7.5 Where the document is in the form of a judgment, passages, which are not relevant to the reference, should be omitted from the text scheduled to the order. Incorporation of appendices, annexes or enclosures as part of the document should be avoided, unless the relevant passages lend themselves readily to translation and are clearly identified.
13.7.6 When the order of reference has been approved by the Judge and sealed by the court, the order, together with any other necessary documents should be promptly passed to Room E.209 where the Clerk will process the reference for the attention of the Senior Master of the Queen's Bench Division, for transmission to Luxembourg without avoidable delay.
13.8 Group Litigation Orders "GLOs":
13.8.1 Section III of Part 19 and the Practice Direction - Group Litigation deal with claims where multiple parties are claimants.
13.8.2 When considering applying for a GLO, the applicant should contact the Law Society at 113 Chancery Lane, London WC2A 1PL, who may be able to assist in putting the applicant in contact with other parties who may also be interested in applying for a GLO in the same matter.
13.8.3 The consent of either the Lord Chief Justice or the Vice-Chancellor to the GLO is required. In the Queen's Bench Division the application should be made to the Senior Master in accordance with Part 23. If the Senior Master is minded to make the GLO s/he will forward a copy of the application notice and any written evidence to the Lord Chief Justice. The application notice should include the information set out in paragraph 3.2 of the Practice Direction.
13.8.4 A group register will be set up and maintained by a party to the GLO of all the parties to the group of claims to be managed under the GLO. In order to publicise the GLO when it has been made, a copy should be supplied to the Law Society and to the Senior Master. A record of each GLO made will be maintained in the Central Office in a Nationwide Register of all GLO's notified to the Senior Master.
13.8.5 The Practice Direction sets out how the group litigation will be managed. In particular, a managing judge will be appointed. The case management directions are likely to direct;
- that a "Group Particulars of Claim" containing the various claims of the claimants on the group register are served,
- that one claim proceed as a "test" claim, and
- a cut-off date after which no additions may be made to the group register.
- that all documents in the GLO be headed in the name of the Group Litigation name