Claims

The Rules of the High Court of Justice 2009, relating to civil procedures (not including Family), came into force on the 1st September 2009. A full version of the Rules and practice directions are available for download here.

Transitional arrangements

The information in the section below explains, in general terms, how the new Rules of the High Court of Justice 2009 (‘the new rules’) will affect any existing claims that have been issued prior to the new rules coming into force. It will also explain what will happen to any claims that are filed using an old style claim process after the new rules are in place. An old style claim may include a summons, i.e. a claim form, or a petition. Part 15 of the new rules gives more information about the transitional arrangements.

In basic terms the general aim is to -

apply the old rules to claims that aren’t defended allowing them to continue until they are at an end, but
apply the new rules to any defended claims so far as it is practical to do so.

However the court will deal with each individual case in its own right so as to ensure that the matter is dealt with in the right way and as fairly as possible.

Initial steps taken in an old style claim

If a matter has begun or has progressed in the style of the old rules, before the new rules are in place, it shall, in the first instance, continue under the old rules. Any response that is required to be done by another party to the claim in that matter shall also continue in accordance with the old rules. Where any step is taken in the matter in accordance with the old rules prior to commencement of the new rules, it shall remain valid on or after commencement of the new rules.

Responding to an old style claim

A party who is served with an old style of claim at or after the new rules are in place shall respond in accordance with the old rules. The party should also respond in accordance with any instructions detailed on any forms that were served with the claim.

Service of old pleadings

Where a claim has begun by an old style claim, whether that claim is served before or after commencement of the new rules, pleadings will continue to be filed and served in accordance with the old rules. Pleadings under the old rules include documents such as a claim form, petition, statement of case, defence, reply or affidavit. Under the new rules pleadings are described together as ‘statements of case’ and include documents such as a claim form, particulars of claim, defence or reply.

Default judgments

Where a party wants to apply for default judgment in a matter that was issued prior to the commencement of the new rules that party must do so in accordance with the old rules.

If, in a matter that has had default judgment entered, there are any outstanding issues to be dealt with, the matter may be referred to a judge. The judge will consider the circumstances of the claim and may make case management directions and decide how the rules will be applied to the matter.

If a party wishes to apply -

for permission to enter default judgment; or
to set aside or vary a judgment entered in default

they must apply in accordance with the new rules.

Court order made prior to the new rules

Any orders that are made prior to the new rules coming into force must still be complied with on or after commencement of the new rules.

Request to issue an old style claim

After the new rules come into force only new claims can be processed and if anyone files an old style claim then it will be returned to them without being issued.

Making an application to the court

A person or party wishing to make an application to the court must make it in accordance with the new rules.

Payments Into/Out of Court

A person or party wishing to make a payment into, or receive a payment out of court must make it in accordance with the new rules and under the procedure issued on 15th January 2010 by the Chief Registrar under the direction of the First Deemster. All requests for payments into/out of court must be made using forms HC90 (Word) & HC91 (Word) respectively.

Courts of Justice