Queen's Bench Guide
12.1.1 RSC O.69 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. 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.
12.1.2 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. RSC O.69 r.3 deals with the manner of service; the process may be served through the machinery 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.
12.1.3 When service has been effected, the Senior Master will send a certificate, together with a copy of the process served, 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.
12.2.1 Deeds of arrangement must be registered. The registration office is at the Department of Trade.
12.2.2 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 the application must be supported by a witness statement or affidavit as described in rule 4(2).
12.3.1 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).
12.3.2 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.
12.3.3 The challenge is made by the issue of an election petition
(a) in respect of a Parliamentary election by one or more electors or
(b) 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 conduct is complained of. The petition is issued in the Election Petitions Office, Room E218, normally within 21 days of the election, although this may be extended in certain circumstances.
12.3.4 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 although preliminary matters are dealt with at the Royal Courts of Justice.
12.3.5 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.
12.3.6 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.
12.3.7 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 letter box fixed to the door of Room E218. When the building is closed, election petitions and applications may be left with Security at the Main Entrance, up until midnight.
12.4.1 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 E10.
12.4.2 An application to register a bill of sale which is made within the prescribed time should be made by filing in Room 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 E17 a witness statement or affidavit in form PF 181.
12.4.3 An application to rectify;
(1) an omission to register, by extending the time for registration, or
(2) 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.
12.4.4 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.
12.4.5 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.
12.4.6 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, he may extend the time for registration on such terms as 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.
12.4.7 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, he will endorse his approval on the witness statement or affidavit (an order is not normally drawn up) and send it to Room E17 for satisfaction to be entered. 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.
12.4.8 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.
12.4.9 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.
12.4.10 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.
12.4.11 Under RSC O.95 r.5 and in accordance with s.1(5) of the Act of 1967 the court may order;
(1) that the period for making an application for recording a charge be extended, or
(2) 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 12.4.3 above and must exhibit a copy of the instrument duly authenticated in the prescribed manner together with any other particulars relating to the charge.
12.4.12 RSC O.95 r.3 refers to the assignment of book debts; the register of assignments of book debts is kept in Room E10 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.
12.5.1 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.
12.6.1 Under the provisions of subsections (1) and (2) of section 22 of the Criminal Justice Act 1967 (as amended by Schedule 2 to the Bail Act 1976) the High Court may grant bail in criminal proceedings to a defendant in custody who has been refused bail, or vary the arrangements for bail of an inferior court.
12.6.2 The application must be made to the Interim Applications Judge by the issue of a Part 8 Claim Form in form No 97 or 97A, and supported by a witness statement or affidavit in accordance with RSC O.79 r.9 (1) to (3). The Claim Form should be issued in the Listing Office, Room WG5, and will be given a bail number from the register kept there for recording bail applications.
12.6.3 If a defendant wishing to apply for bail is unable to instruct a solicitor to act for him through lack of means, he may write to the Interim Applications Judge to that effect and requesting that the Official Solicitor act for him. The letter should be addressed to the Listing Office, Room WG5, marked for the attention of the Interim Applications Judge. Where the Judge assigns the Official Solicitor to act for the defendant, he may dispense with the issue of a claim form and a witness statement or affidavit in support.
12.6.4 Where the Judge grants bail, the order will be drawn up in form No 98 which provides for the conditions to be complied with both before release, including the provision of sureties, and after release. An order varying the arrangements for bail will be drawn up in form No 98A. Copies of those orders must be sent to the appropriate officer of the Crown Court or of the court which committed the defendant.
12.7.1 Defamation claims are governed by Part 53 and the Part 53 Practice Direction. Paragraph 2 of the Practice Direction sets out the information which should be included in a statement of case.
Offer to make amends
12.7.2 Under section 2 of the Defamation Act 1996 a person who has published a statement alleged to be defamatory of another may offer to make amends ('a section 2 offer'). The section 2 offer must;
(1) be in writing,
(2) be expressed to be an offer to make amends under section 2 of the Act, and
(3) state whether it is a qualified offer, and if so, set out the defamatory meaning in relation to which it is made.
A section 2 offer is an offer;
(1) to make a suitable correction of the statement complained of and sufficient apology,
(2) to publish the correction and apology in a manner that is reasonable and practicable in the circumstances, and
(3) to pay to the aggrieved party compensation (if any) and costs as may be agreed or determined to be payable.
12.7.3 Where a section 2 offer is accepted by an aggrieved person he may not bring or continue defamation proceedings against the person making the offer, but he may apply to the court under section 3 of the Act for an order that the other party fulfil his offer by taking the agreed steps. If the parties are unable to agree the amount of compensation or costs, the aggrieved party may apply to the court for the amount to be decided.
12.7.4 In the event that the parties are unable to agree on the steps to be taken, the person making the offer may take such steps as he thinks appropriate, including making an application for the court's approval of the terms of a statement to be read in Court containing a correction and apology. He may also give an undertaking to the court as to the manner of their publication.
12.7.5 In existing proceedings the above applications may be made in accordance with Part 23, otherwise a Part 8 Claim Form should be issued. The application or claim must be supported by written evidence as set out in the Part 53 Practice Direction at paragraph 3.3, and should be made to a Master. If the application or claim involves the court's approval for a statement to be read in Court, it should be made to the Senior Master. The Claim Form or application notice should be issued or filed in the Masters' Support Unit, Room E17.
12.7.6 An application for an order determining whether or not a statement complained of is capable of;
(1) having any meaning or meanings attributed to it in a statement of case,
(2) being defamatory of the claimant, or
(3) bearing any other meaning defamatory of the claimant,
should be made in accordance with Part 23 and may be made at any time after service of the particulars of claim. Paragraphs 4.3 and 4.4 or the Practice Direction state the information which must be included in the application notice and evidence in support.
12.7.7 The application notice should be filed in the Listing Office, Room WG5, for hearing by the Judge in charge of the Jury list, or another designated Judge.
12.7.8 Section 8 of the Act gives the court power to dispose summarily of the claimant's claim. The court may;
(1) dismiss the claim if it appears that it has no realistic prospect of success and there is no reason why it should be tried, or
(2) give judgment for the claimant and grant him summary relief.
12.7.9 Summary relief includes the following;
(1) a declaration that the statement was false and defamatory of the claimant,
(2) an order that the defendant publish or cause to be published a suitable correction and apology,
(3) damages not exceeding £10,000,
(4) an order restraining the defendant from publishing or further publishing the matter complained of.
12.7.10 Applications for summary disposal are dealt with in Rule 53.2 and paragraphs 5.1 to 5.3 of the Part 53 Practice Direction. Substantial claims and those involving the Police authorities or the Media or those seeking an order restraining publication will be dealt with by the Judge in charge of the Jury list or another designated Judge, and the application notice should be filed in the Listing Office, Room WG5. Applications for summary disposal in other defamation claims may be made at first instance to a Master.
12.7.11 An application notice for summary disposal must state;
(1) that it is an application for summary disposal made in accordance with section 8 of the Act,
(2) the matters set out in paragraph 2(3) of the Part 24 Practice Direction, and
(3) whether or not the defendant has made an offer to make amends under section 2 of the Act, and whether or not it has been withdrawn.
The application may be made at any time after service of the particulars of claim and the provisions of Rule 24.4(1)(a) and (b) do not apply.
12.7.12 Where the court has made an order for summary relief as in 12.7.9(2) above (specifying the date by which the parties should agree the content, time, manner, form and place of publication of the correction and apology) and the parties are unable to comply within the specified time, the claimant must prepare a summary of the court's judgment and serve it on the other parties within 3 days following the date specified in the order for the content to be agreed by the parties.
12.7.13 If the parties are unable to agree the summary, they must within 3 days of its receipt, apply to the court by;
(1) filing an application notice, and
(2) filing and serving on all the other parties a copy of the summary showing the revisions they wish to make to it.
The court (normally the Judge who delivered the judgment) will then settle the summary.
12.7.14 Paragraph 6 of the Practice Direction only applies where a party wishes to accept a Part 36 offer, Part 36 payment or other offer of settlement.
12.7.15 An application for permission to make the statement before a Judge in Court may be made before or after acceptance of the Part 36 offer, Part 36 payment or other offer to settle, and should be made in accordance with Part 23 to the Senior Master, or if he is not available, to the Practice Master. The application notice, together with a copy of the statement, should be filed in the Masters' Support Unit, Room E17.
12.7.16 Where permission has been given, the parties may take a copy of the order to the Listing Office, Room WG5 for the matter will be listed before the Judge in charge of the Jury List for mention. Otherwise, the Action Department will send the court file to the Listing Office for the matter to be listed.
12.8.1 A party wishing to apply for an order under RSC O.114 (Schedule 1 to the CPR) 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.
12.8.2 Before making an order for reference, the Court will pay close attention to the terms of the appropriate article, to RSC O.114, 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.
12.8.3 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 British court seeks an answer and it is very desirable that language should be used which lends itself readily to translation.
12.8.4 The referring court should, in a single document scheduled to the order (in form PF 109);
(1) identify the parties and summarise the nature and history of the proceedings,
(2) summarise the salient facts, indicating whether these are proved or admitted or assumed,
(3) make reference to the rules of national law (substantive and procedural) relevant to the dispute,
(4) summarise the contentions of the parties as far as relevant,
(5) explain why a ruling of the European Court is sought, identifying the EC provisions whose effect is in issue, and
(6) formulate, without avoidable complexity, the question(s) to which an answer is requested.
12.8.5 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.
12.8.6 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.13 for the attention of the Senior Master of the Queen's Bench Division, for transmission to Luxembourg without avoidable delay.
12.9.1 Section III of Part 19 and the Practice Direction - Group Litigation deal with claims where multiple parties are claimants.
12.9.2 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.
12.9.3 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 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.
12.9.4 A group register will be set up and maintained in the court 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.
12.9.5 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;
(1) that a 'Group Particulars of Claim' containing the various claims of the claimants on the group register are served,
(2) that one claim proceed as a 'test' claim, and
(3) a cut-off date after which no additions may be made to the group register.
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