Kamila Obrochta
28/11/2014
Part A ( Explain the Application of The Civil Procedure Rules)
The Civil Procedure Rules are the rules of civil procedure used by the Court of Appeal, High Court of Justice, and County Courts in civil cases in England and Wales. They apply to all cases commenced after 26 April 1999 (that is also when they were first introduced), and largely replace the Rules of the Supreme Court and the County Court Rules. The Civil Procedure Rules govern the way in which a case in court is conducted in England and Wales.
The Rules apply to these cases.. criminal cases; tribunals; probation proceedings; proceedings before the Court of Protection; family proceedings; adoption proceedings; election proceedings; proceedings in the High Court
The Civil Procedure Rules are divided into numbered parts which are divided into "rules".
Parts 1-6: General rules
Parts 1-6 contain some important general rules. Part 1 explains how the court guides in everything it does. It states that the courts must deal with cases justly, in a way which is even to the amount of money involved and the importance of the issues involved in that certain type of case.
You and your opponent are expected to get along with each other and with the court to further the objective. The Rules also encourage settlement of arguments without resorting to going to court. The Court may even suspend the proceedings for a period to allow the parties to hold discussions to settle or pursue alternative dispute resolution.
Parts 7-20: Pre-action protocol which means starting a case
The CPR also sets out what you should do before you start a claim. This means you must comply with the applicable pre-action protocol. There are also practice directions to help you with this.
Part 7 and Part 8 explain how to start a case by filing a claim form and that certain claims require different forms.
Parts 9-11 explain how the defendant will need to respond to the claim form.
Part 12 deals with default judgments -- this is where the defence has failed to file an acknowledgment of service.
Part 13 deals with setting aside default judgments.
Part 14 deals with admissions (e.g of liability, guilt, etc.).
Part 15 explains how the defendant should file and serve a defence and how the claimant should file and serve a response.
Part 16 explains the rules governing the "statements of case", which includes the claim form, the particulars of claim, the defence and maybe a reply.
Part 17 explains how to correct mistakes made with documents in the statements of case.
If either party wants to make a request for further information they must follow the rules set out in Part
18.
Part 19 explains when and how you can bring additional parties into the case.
Part 20 deals with counterclaims
Parts 21-22: Prosecuting the case
Part 21 provides general information about children and protected parties.
Part 22 deals with the statement of truth and lists the documents that must contain a statement of truth when filed with the Court.
Part 23 deals with general rules about how and when to file applications for a court order.
Part 24 deals with summary judgment, this is where a party asks the judge to make a decision where they believe the other party has not has no real prospect of succeeding on or defending the claim or issue.
Part 25 provides information on interim decisions and how to secure your costs.
