Queen's Bench Guide
6.1.1 On every working day, the Practice Master is available from 10.30a.m. to 1.00p.m. and from 2.00p.m. to 4.30p.m. to answer questions about the practice of the Queen's Bench Division. Usually, one Master takes the Morning Practice, and another Master takes the Afternoon Practice. This will be shown on the case-lists for the day and on the notice boards in the Masters' corridors. Also, a board is placed on the door of the Master who is sitting as Practice Master.
6.1.2 The Practice Master cannot give advice, whether about a given case or about the law generally. He is there simply to answer general questions about the CPR and practice governing the work of the Queen's Bench Division, and can deal with any consent order, notwithstanding that the claim in which it is to be made has been assigned to another Master. The Practice Master may grant stays of execution and deal with urgent applications which do not require notice to be given to the respondent. It is unnecessary to make an appointment to see the Practice Master, litigants are generally seen in order of arrival.
6.2.1 A claim issued in the Central Office will normally be assigned at the issue stage to a particular Master as the procedural judge responsible for managing the claim. The Action Department will endorse the name of the Assigned Master on the Claim Form. However, assignment may be triggered at an earlier stage, for example, by one of the following events;
(1) an application for pre-action disclosure under Rule 31.16,
(2) an application for an interim remedy before the commencement of a claim or where there is no relevant claim (Part 25).
It occasionally happens that a claim is assigned to a Master who may have an 'interest' in the claim. In such cases the Senior Master will re-assign the claim to another Master.
6.2.2 Where either an application notice or Part 8 Claim Form is issued which requires a hearing date to be given immediately, the Masters' Support Unit will give a hearing date and assign it to the Master who has the next available date for the hearing. The Masters' Support Unit will endorse the name of that Master on the application notice or Part 8 Claim Form at the time of entering it in the list for hearing.
6.2.3 The Senior Master may assign a particular Master to a class/group of claims or may re-assign work generally. At present clinical negligence claims are assigned to Master Murray and Master Ungley. In the event of an assigned Master being on leave or for any other reason temporarily absent from the Royal Courts of Justice then the Masters' Support Unit may endorse on the appropriate document the name of another Master.
6.2.4 A court file will normally be opened when a defence is filed, provided that the claim is not one that will automatically be transferred (see paragraph 6.4 below). The court file will be endorsed with the name of the assigned Master. Any application notice in an assigned claim for hearing before a Master should have the name of the assigned Master entered on it by the solicitors making the application.
6.3.1 The Masters' lists consist of;
(1) the ordinary list - short applications in Rooms E102 and E110 ('the Bear Garden lists'),
(2) the Floating list,
(3) private room appointments, and
(4) the Sheriff's first return applications.
6.3.2 Parties attending on all applications before the Masters are requested to complete the Court Record Sheet (form PF48) which will be used to record details of the claim, representation and the nature of the application, and will be used by the Master for his notes. Copies of this form may be found in the writing desks in the Masters' corridors and the Bear Garden.
6.3.3 Masters will sit each day at 10.30am in the Bear Garden to hear applications in the Bear Garden lists. Applications of up to 20 minutes duration are listed at 10.30am, 11.00am, 11.30am and 12 noon. Solicitors and Counsel may attend any application in these lists although the costs of being represented by Counsel may be disallowed if not fully justified. If an application is estimated to take longer than 20 minutes the applicant must request a private room appointment. To do so the applicant must complete the PRA form giving details of the parties' availability as fully as possible. Failure to do so may result in the request form being returned for further information thereby delaying the hearing date.
6.3.4 Hearing dates for the Bear Garden lists are given by the Masters' Support Unit. Hearing dates for private room appointments are given by the assigned Master personally. The parties or their legal representatives must inform the Masters' Support Unit of any settlements as soon as possible. All time estimates must be updated as necessary.
6.3.5 Applications in the Bear Garden list may, by agreement or where the application notice has not been served, be transferred (in the case of a 10 minute application) to the next available 12 noon list or (in either case) for a private room appointment on a date to be specified by the Master. In all other cases an application for a postponement of the hearing date must be made to the Master to whom the claim has been assigned. An application may be re-listed in the Bear Garden list without permission of a Master if for any reason the application has not been heard or has not been fully disposed of.
6.3.6 When an application in the Bear Garden list is adjourned by a Master he will specify the date to which it is adjourned. An application for the adjournment of a private room appointment must be made to the Master who gave the appointment unless the application is by agreement of all parties and the Master approves. The Master will usually require details of parties' availability. Any adjournment will normally now be to a new hearing date.
6.3.7 Where an application for which a Master has given a private room appointment has been settled, it is the duty of the parties or their legal representatives, particularly those who obtained that appointment, to notify the Master immediately.
6.3.8 If the Master hearing an application considers that the result might affect the date fixed for a trial, he may refer the application to the Judge in charge of the List. This possibility should be considered when making an application and a request should be included in the application notice asking the Master to refer the application to the Judge.
6.3.9 If the Master considers that an application should more properly be heard by a Judge, he may either during the hearing or before it takes place refer the application to the Interim Applications Judge. Among the circumstances that may make this appropriate are;
(1) that the time required for the hearing is longer than a Master could ordinarily make available,
(2) that, whatever the Master's decision on the application, an appeal to the Judge is considered inevitable,
(3) that the application raises issues of unusual difficulty or importance, etc. or
(4) that the outcome is likely to affect the trial date or window.
However, it is emphasised that no single factor or combination of factors is necessarily decisive, and the Master has a complete discretion.
6.3.10 The Sheriff's first return applications are interpleader applications (under RSC O.17 as set out in Schedule 1 to the CPR) and are listed at monthly intervals.
6.3.11 The Floating List is run by the Masters' Support Unit. Applications in this list will usually have a time estimate of not more than 30 minutes and are released by the assigned Master, if he considers them suitable, when the request for a private room appointment is made. Dates and times of hearings are allocated by staff in Room E14. The parties should assemble at Room E14 well before the appointed time in order to facilitate the allocation of the application to a Master or deputy who is free.
6.4.1 Part 26 requires certain claims to be transferred automatically. Where;
(1) the claim is for a specified amount of money,
(2) the claim has not been issued in a specialist list,
(3) the defendant, or one of the defendants is an individual,
(4) the claim has not been issued in the individual defendant's home court, and
(5) the claim has not already been transferred to another individual defendant's home court,
the claim will, on receipt of the defence, be transferred to the individual defendant's home court.
6.4.2 Where the Claim Form was issued in the Royal Courts of Justice the defendant's home court will be the district registry for the district in which the defendant's address for service as shown on the defence is situated. If there is no such district registry the proceedings will remain in the Royal Courts of Justice. If the claim is against more than one individual defendant, the claim will be transferred to the home court of the defendant who first files his defence. (See paragraph 6.9 below about transfer following an order.)
6.5.1 When a defence to a claim is received in the Central Office from all the defendants, or from one or more of the defendants and the time for filing a defence has expired, the Action Department Registry will send an Allocation Questionnaire to those defendants who have filed a defence, unless it has been dispensed with.
6.5.2 The Allocation Questionnaire to be used in accordance with Part 26 is form N150. The Allocation Questionnaire will state the time within which it must be filed, which will normally be at least 14 days after the day on which it is deemed served. Where proceedings are automatically transferred to a defendant's home court, notwithstanding that the issuing court will send out the Allocation Questionnaire before transfer, the Allocation Questionnaire should nevertheless be returned to the receiving court.
6.5.3 Each party should state in his Allocation Questionnaire if there is any reason why the claim should be managed and tried at a court other than the Royal Courts of Justice or the trial centre for a particular district registry. Paragraph 2.6 of the Part 29 Practice Direction sets out certain types of claim which are suitable for trial in the Royal Courts of Justice. Form PF49 will be sent out to parties with the Allocation Questionnaire requesting the parties to state convenient dates for a case management conference, if one should be ordered, or for other hearings. Parties are encouraged to agree directions for the management of the claim.
6.5.4 Where a party fails to file his Allocation Questionnaire within the specified time the court officer will refer the proceedings to the Master for his directions. The Master's directions may include 'the standard unless order', that is that unless the defaulting party files his Allocation Questionnaire within 3 days, his statement of case will be struck out.
6.5.5 Where one but not all of the parties has filed an Allocation Questionnaire the Master may allocate the claim to the multi-track where he considers that he has sufficient information to do so. Alternatively, the Master may order that an allocation hearing take place and that all or any particular parties must attend. The court officer will then send out a Notice of Allocation Hearing (form N153) giving reasons for the hearing and any other directions.
6.5.6 Parties requesting a stay to settle the proceedings should do so in their Allocation Questionnaire or otherwise in writing. The court encourages parties to consider the use of ADR (see paragraph 6.6 below). The Master will normally direct the proceedings to be stayed for one month, but parties may by agreement seek an extension of the stay. Paragraph 3 of the Part 26 Practice Direction sets out the procedure for seeking an extension.
6.5.7 Parties are reminded that an estimate of costs must be filed and served when the Allocation Questionnaire is filed (paragraph 6.4 of the Costs Practice Direction).
6.5.8 On receipt of the Allocation Questionnaires or on an allocation hearing the Master will allocate the claim to the multi-track or transfer the claim to the appropriate county court. Rule 26.6 sets out the scope of each track. Claims proceeding in the Royal Courts of Justice must be allocated to the multi-track.
6.6.1 Parties are encouraged to use ADR (such as, but not confined to, mediation and conciliation) to try to resolve their disputes or particular issues. Legal representatives should consider with their clients and the other parties the possibility of attempting to resolve the dispute or particular issues by ADR and they should ensure that their clients are fully informed as to the most cost effective means of resolving their dispute.
6.6.2 The settlement of disputes by ADR can;
(1) significantly reduce parties' costs,
(2) save parties the delay of litigation in resolving their disputes,
(3) assist parties to preserve their existing commercial relationships while resolving their disputes, and
(4) provide a wider range of remedies than those available through litigation.
The Master will in an appropriate case invite the parties to consider whether their dispute, or particular issues in it, could be resolved by ADR. The Master may also either adjourn proceedings for a specified period of time or extend the time for compliance with an order, a Rule or Practice Direction to encourage and enable the parties to use ADR. Parties may apply for directions seeking a stay for ADR at any time.
6.6.3 Information concerning ADR may be obtained from the Admiralty and Commercial Court Registry.
6.7.1 Paragraphs 4.1.14 to 4.1.16 above deal with issuing a Part 8 Claim Form. The alternative procedure set out in Part 8 ('the Part 8 procedure') may not be used if a Practice Direction disapplies it in respect of a particular type of claim. A Practice Direction may require or permit the Part 8 procedure and may disapply or modify any of the rules contained in Part 8. The Part 8B Practice Direction deals with commencement of proceedings under the Rules of the Supreme Court and the County Court Rules the provisions of which remain in force in Schedules 1 and 2 to the CPR ('the Schedule rules'). The Schedule rules and the Practice Directions supporting them may require certain proceedings to be commenced by the issue of a Part 8 Claim Form with appropriate modifications to the Part 8 procedure.
6.7.2 The main features of the Part 8 procedure are;
(1) Part 16 (statements of case) does not apply,
(2) Part 15 (defence and reply) does not apply,
(3) judgment in default may not be obtained (Rule 12.2),
(4) Rules 14.4 to 14.7 (judgment by request on an admission) do not apply,
(5) a Part 8 claim shall be treated as being allocated to the multi-track
6.7.3 A Master may give directions for managing the claim as soon as the Part 8 Claim Form is issued. In certain circumstances this may include fixing a hearing date. Where a hearing date is fixed, notice of the hearing date must be served with the Claim Form. Where the Master does not fix a hearing date when the Claim Form is issued he will give directions for the disposal of the claim as soon as practicable after the receipt of the acknowledgement of service or as the case may be, the expiry of the period for acknowledging service.
6.7.4 Where a Part 8 Claim Form has been issued for the purpose of giving effect to a consent order for an award of damages to a child or patient or an award of provisional damages as in paragraph 4.1.15 (1) and (2) above, a draft of the order sought should be attached to the claim form. For more information see paragraphs 6.8.1 to 6.8.8 and 9.3.8 to 9.3.10 below about children and patients, and paragraphs 6.8.12, 9.3.11 and 9.3.12 below about provisional damages.
6.7.5 A defendant who wishes to respond to a Part 8 Claim Form should acknowledge service of it and may do so either by using form N210 or otherwise in writing giving the following information;
(1) whether he contests the claim, and
(2) where he is seeking a different remedy from that set out in the Claim Form, what that remedy is.
If a defendant does not acknowledge service of the Claim Form within the specified time, he may attend the hearing of the claim but may not take part in the hearing unless the court gives permission.
6.7.6 Rules 8.5 and 8.6 and paragraph 5 of the Part 8 Practice Direction (alternative procedure) deal with evidence to be relied on in Part 8 proceedings; the claimant's evidence must be filed and served with the Claim Form, and the defendant's evidence (if any) must be filed with his acknowledgement of service. If the defendant files written evidence he must at the same time serve it on the other parties. It is helpful to the court if, where the defendant does not intend to rely on written evidence, he notifies the court in writing to that effect.
6.7.7 Where a defendant contends that the Part 8 procedure should not be used, he should state the reasons for his contention on his acknowledgement of service. On receipt of the acknowledgement of service, the Master will give appropriate directions for the future management of the claim.
6.8.1 Part 21 and the Part 21 Practice Direction set out the requirements for litigation by or against children and patients. References in Part 21, the Part 21 Practice Direction and in this guide to;
(1) 'child' means a person under 18, and
(2) 'patient' means a person who by reason of mental disorder within the meaning of the Mental Health Act 1983 is incapable of managing and administering his own affairs.
No settlement or compromise of a claim by or against a child or patient will be binding unless and until it has been approved by the court. In addition, a party may not obtain a default judgment against a child or patient without the permission of the court, and may not enter judgment on an admission against a child or patient.
6.8.2 A patient must have a litigation friend to conduct proceedings on his behalf, and so must a child unless the court makes an order permitting the child to act on his own behalf. A litigation friend is someone who can fairly and competently conduct proceedings on behalf of the child or patient. He must have no interest in the proceedings adverse to that of the child or patient, and all steps he takes in the proceedings must be taken for the benefit of the child or patient. Rules 21.5 to 21.8 and paragraphs 2 and 3 of the Practice Direction set out how a person may become a litigation friend.
6.8.3 Applications for the approval of settlements or compromises of claims by or against a child or patient proceeding in the Central Office are heard by a Master. If the purpose of starting the claim is for the approval of a settlement, a Part 8 Claim Form should be issued in accordance with form PF170(A) which must contain a request for approval of the settlement (or compromise) and, in addition to the details of the claim, must set out the terms of the settlement (or compromise) or must have attached to it a draft consent order. The draft consent order should be in form N292. See paragraph 6 of the Practice Direction for further information which the Master will require.
6.8.4 Where parties reach a settlement (or compromise) in proceedings started by the issue of a Part 7 Claim Form (where the trial has not started) an application may be made to the Master in accordance with Part 23 for the approval of the settlement. The application notice should be in form PF170(B) and should have attached to it a draft consent order in form N292. The application notice should be filed in Room E16. (See paragraph 7.12 below for information about applications.) However, where the trial hearing has been listed, the application notice should be filed in Room WG5. If the trial has started, oral application may be made to the trial judge. Applications for approval of a settlement on behalf of a child or patient will normally be heard in public unless the Judge or Master orders otherwise. If a settlement is approved in private, the terms of settlement can be announced in public.
6.8.5 Paragraph 8 of the Practice Direction gives information about control of money recovered by or on behalf of a child or patient. Paragraph 10 deals with investment of money on behalf of a child and paragraph 11 deals with investment on behalf of a patient. Enquiries concerning investment for a child are dealt with in Room E13.
6.8.6 In respect of investment on behalf of a child, the litigation friend or his legal representative should provide the Master with form PF 172 (request for investment) for completion by the Master. The child's birth certificate should also be provided. The PF172 will then be forwarded to the Court Funds Office for their investment managers to make the appropriate investment. The Court of Protection is responsible for the administration of patients' funds (unless they are small). Paragraph 11 of the Practice Direction gives full information about procedure for investment by the Court of Protection. These procedures may also be used for investment of money on behalf of a child or patient following an award of damages at trial.
6.8.7 Damages may also be paid to a child or patient by way of a structured settlement. A structured settlement on behalf of a child or patient must be approved by a Judge or Master. A structured settlement on behalf of a patient must also be approved by the Court of Protection. (For more information about structured settlements see the Part 40C Practice Direction - Structured Settlements.)
6.8.8 Control of a child's fund, provided he is not also a patient, passes to him when he reaches the age of 18 (see paragraph 12.2 of the Practice Direction).
6.8.9 Where there is unlikely to be a substantial dispute of fact, a claim for a summary order for possession against named or unnamed defendants occupying land or premises without the licence or consent of the person claiming possession under RSC O.113 (Schedule 1 to the CPR) may be started by the issue of a Part 8 Claim Form.
6.8.10 When the Claim Form has been issued in the Action Department it will be passed to the Masters' Support Unit who will assign a Master to the claim and fix a hearing date. Parties should check that they have sufficient time for service.
6.8.11 At the hearing the Master may make the order sought or such other order as appropriate including directions for the management of the claim.
6.8.12 A claim for provisional damages may proceed under Part 8 where the Claim Form is issued solely for the purpose of obtaining a consent judgment. The claimant must state in his Claim Form in addition to the matters set out in paragraph 4.4 of the Part 16 Practice Direction that the parties have reached agreement and request a consent judgment. A draft order in accordance with paragraph 4.2 of the Part 41 Practice Direction should be attached to the Claim Form. The claimant or his legal representative must lodge the case file documents (set out in the draft order) in Room E14 for the case file to be compiled and preserved by the court. For more information about provisional damages claims and orders see Part 41 and the Part 41 Practice Direction, and paragraph 9.3 below.
6.8.13 Proceedings may be brought under Part 8 where the parties to a dispute have reached a written agreement before proceedings have been started but have been unable to agree an amount of costs. The costs only proceedings may be started by the issue of a Claim Form in the Supreme Court Costs Office at Clifford's Inn, Fetter Lane, London EC4A 1DQ. The Costs Practice Direction at Section 17 sets out in detail the provisions for issue and proceeding with the claim.
6.9.1 Part 30 and the Part 30 Practice Direction deal with transfer of proceedings, within the High Court, and between county courts. The jurisdiction of the High Court to transfer proceedings to the county courts is contained in s. 40 of the County Courts Act 1984 as substituted by s. 2(1) of the Courts and Legal Services Act 1990. Under that section the court has jurisdiction in certain circumstances to strike out claims which should have been started in a county court.
6.9.2 Rule 30.2 sets out the provisions for the transfer of proceedings between;
(1) county courts,
(2) the Royal Courts of Justice and a district registry of the High Court, and
(3) between district registries.
Rule 30.3 sets out the criteria to which the court will have regard when making an order for transfer. The High Court may order proceedings in any Division of the High Court to be transferred to another Division or to or from a specialist list. An application for the transfer of proceedings to or from a specialist list must be made to a Judge dealing with claims in that list. (See paragraph 6.4 above about automatic transfer.)
6.9.3 A claim with an estimated value of less than £50,000 will generally be transferred to a county court, if the county court has jurisdiction, unless it is to proceed in the High Court under an enactment or in a specialist list
6.9.4 An order for transfer takes effect from the date it is made. When an order for transfer is made the court officer will immediately send notice of the transfer to the receiving court. The notice will contain the title of the proceedings and the claim number. At the same time, the court officer will also notify all parties of the transfer.
6.9.5 Paragraph 5 of the Practice Direction sets out the procedure for appealing an order for transfer. Where an order for transfer is made in the absence of a party, that party may apply to the court which made the order to have it set aside. The transferring court will normally retain the court file until the time for appealing the order or applying to set it aside has expired, whereupon the court officer will send the court file to the Court Manager of the receiving court. If, at the time an order for transfer is made a court file has not been compiled, the court officer will send to the receiving court those documents which have been filed at that time.
6.9.6 Where money has been paid into court before an order for transfer is made, the court may direct transfer of the money to the control of the receiving court.
6.10.1 Part 20 deals with (a) counterclaims and (b) other additional claims, being claims for contribution or indemnity and what were formerly called 'third party' claims. A Part 20 claim is treated as a claim for the purpose of the CPR with certain exceptions, for which see Rule 20.3.
6.10.2 A defendant may make a counterclaim by completing the defence and counterclaim form provided in the Response Pack. If the counterclaim is not filed with the defence, the permission of the court is required. Where a counterclaim brings in a new party, the defendant (Part 20 claimant) must apply to the court for an order in form PF 21A adding the new party as defendant.
6.10.3 A defendant claiming contribution or indemnity from another defendant may do so by filing a notice, in form PF 22, containing a statement of the nature and grounds of his claim and serving the notice on the other defendant.
6.10.4 Any other additional claim may be brought by the issue of a Part 20 Claim Form, N211. If the Part 20 Claim Form is issued at a time other than when the defence is filed, the permission of the court is required. Rule 20.8 deals with service of a Part 20 Claim Form and Rule 20.12 sets out the forms which must accompany the Part 20 Claim Form.
6.11.1 The court may give summary judgment under Part 24 against a claimant or defendant;
(1) if it considers that (a) the claimant has no real prospect of succeeding on the claim or issue, or (b) the defendant has no real prospect of successfully defending the claim, and
(2) there is no other reason why the claim or issue should be disposed of at a trial.
6.11.2 The court may give summary judgment against a claimant in any type of proceedings, and against a defendant in any type of proceedings except (a) proceedings for possession of residential premises against a mortgagor, or a tenant or person holding over after the end of his tenancy where occupancy is protected within the meaning of the Rent Act 1977 or the Housing Act 1988, (b) proceedings for an Admiralty claim in Rem, and (c) contentious probate proceedings. For information about summary disposal of defamation claims see Part 53, the Part 53 Practice Direction and paragraph 12.7 below.
6.11.3 An application for summary judgment should be made in accordance with Part 23 and the application notice should contain the information set out in paragraph 2 of the Part 24 Practice Direction (parties may use forms PF 11 and PF 12 as precedents). The application notice should be filed and served on the respondent giving at least 14 days notice of the date fixed for the hearing and the issues to be decided at the hearing. Unless the application notice contains all the evidence on which the applicant relies, the application notice should identify that evidence. In claims which include a claim for;
(1) specific performance of an agreement,
(2) rescission of such an agreement, or
(3) forfeiture or return of a deposit made under such an agreement,
the application notice and any evidence in support must be served on the defendant not less than 4 days before the hearing.
6.11.4 The application will normally be listed before a Master unless for example, an injunction is also sought. In that case the application notice should state that the application is intended to be made to a Judge.
6.11.5 Where an order made on an application for summary judgment does not dispose of the claim or issue, the court will give case management directions in respect of the claim or issue.
6.12.1 A party may offer to settle a claim at any time. Part 36 deals with offers to settle and payments into court. An offer to settle made in accordance with Part 36 will have the costs and other consequences specified in that Part and may be made at any time after proceedings have started. Paragraph 1 of the Part 36 Practice Direction defines an offer made in accordance with Part 36. See also paragraph 5 of the Part 36 Practice Direction which contains general provisions concerning Part 36 offers and Part 36 payments.
6.12.2 A Part 36 offer may be made by any party, but to comply with Part 36 a defendant who makes an offer to settle for a specified sum must do so by way of a Part 36 payment into court. Paragraph 4.1(2) of the Part 36 Practice Direction sets out the requirements for making a Part 36 payment in respect of a claim proceeding in the Royal Courts of Justice. If a defendant has made a pre-action offer to settle and proceedings are then started, in order for the court to take account of his offer he must make a Part 36 payment of not less than the amount offered within 14 days of service of the Claim Form. See also paragraph 10 of the Part 36 Practice Direction which deals with compensation recovery in respect of Part 36 payments.
6.12.3 The times for accepting a Part 36 offer or Part 36 payment are set out in Rules 36.11 and 36.12; the general rule is that a Part 36 offer or Part 36 payment made more than 21 days before the start of the trial may be accepted without the permission of the court, within 21 days after it was made. Otherwise, the permission of the court must be obtained. A Part 36 offer is made when received by the offeree. A Part 36 payment is made when the Part 36 payment notice (form N242A) is served on the claimant.
6.12.4 A party may accept a Part 36 offer or Part 36 payment by serving on the offeror a notice of acceptance (form N243 may be used to accept a Part 36 payment) within the times set out in Rules 36.11 and 36.12. When a Part 36 offer or Part 36 payment is accepted within those times, the general rule is that the claimant will be entitled to his costs up to the date of service of the notice of acceptance.
6.12.5 To obtain money out of court on acceptance of a Part 36 payment, the claimant should file a request for payment (form N243) in the Action Department of the Central Office, and file a completed Court Funds Office form 201 in the Court Funds Office. See paragraph 8 of the Part 36 Practice Direction for more information about obtaining payment out of court.
6.12.6 The court's permission is required for acceptance of a Part 36 offer or Part 36 payment;
(1) which is not made or accepted within the times set out in Rules 36.11 and 36.12,
(2) where acceptance is by or on behalf of a child or patient, or
(3) where a defence of tender has been put forward, or
(4) otherwise as mentioned in Rule 36.17.
6.12.7 Where a Part 36 offer or Part 36 payment is not accepted and a trial of the claim takes place, Rule 36.20 sets out the costs consequences where a claimant fails to do better than the Part 36 offer or Part 36 payment, and Rule 36.21 sets out the costs and other consequences where a claimant does better than he proposed in his Part 36 offer.
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