The Civil Procedure (Amendment No. 2) Rules 2001

for the purposes of rules 17 and 18, on 1st June 2001;

for the purposes of rules 13, 14, 15 and 19, on 15th October 2001; and

for all other purposes on 31st May 2001.

a reference to a Part or rule by number alone means the Part or rule so numbered in the Civil Procedure Rules 1998^f1;

a reference to an Order by number and prefixed by “RSC” means the RSC Order so numbered in Schedule 1 to those Rules; and

a reference to an Order by number and prefixed by “CCR” means the CCR Order so numbered in Schedule 2 to those Rules.

in sub-paragraph (b)(i) delete “or”;

sub-paragraph (b)(ii) shall stand as sub-paragraph (b)(iii);

before sub-paragraph (b)(iii), insert—

“(ii)

rule 6.26A (service in accordance with the Service Regulation); or”.

in paragraph (4)—

after paragraph (4), insert—

“(5)

This rule does not apply where service is to be effected in accordance with the Service Regulation.”.

in sub-paragraph (c), delete “and”; and

at the end of sub-paragraph (d), insert—

“; and

(e)

An acknowledgment of service in a claim begun by way of the Part 8 procedure.”.

at the end of paragraph (2)(f), for “; and” substitute “.”; and

omit paragraph (2)(g).

after rule 23, for the heading of Section III substitute “III: TERRORISM ACT 2000^f1”;

in rule 24—

in rule 26(1), for “paragraphs 3 and 4” substitute “paragraph 5”;

in rule 26(2)(a), for “Part III” substitute “any of sections 15 to 18”;

in rule 27(2), after “a restraint order made without notice of” insert “the application for”;

in rule 29—

in rule 32(1), for “Crown Office” substitute “Administrative Court”; and

in rule 35(3)—

for the title substitute “Enforcement of traffic penalties”;

for “parking enforcement centre”, wherever it appears, substitute “traffic enforcement centre”;

in rule 1(1)—

in rule 1(2)—

in sub-paragraph (a) of rule 1(4), after “London authority”, insert “(within the meaning of section 82(1) of the Road Traffic Act 1991^f4)”;

in sub-paragraph (c) of rule 2(3) for “the parking attendant who issued the penalty charge notice believed”, substitute “it is claimed that”;

in rule 4—

in rule 5(7)—

insert “or, as the case may be, paragraph 10(5) of Schedule 1 to the 1996 Act”.

for “parking enforcement centre”, wherever it occurs, substitute “traffic enforcement centre”; and

in rule 1(2), in the definition of “specified debts”, delete “Part II”.

relates to proceedings to which Part 57 would apply if it was issued on or after 15th October 2001, but

is issued before that date,

This Part contains rules about—

In this Part:

“relevant office” means—

“testamentary document” means a will, a draft of a will, written instructions for a will made by or at the request of, or under the instructions of, the testator, and any document purporting to be evidence of the contents, or to be a copy, of a will which is alleged to have been lost or destroyed;

“will” includes a codicil.

This Section contains rules about probate claims.

Probate claims in the High Court are assigned to the Chancery Division.

Probate claims in the county court must only be brought in a county court where there is also a Chancery district registry.

All probate claims are allocated to the multi-track.

in the relevant office; and

using the procedure in Part 7.

A defendant who is served with a claim form must file an acknowledgment of service.

Subject to paragraph (3), the period for filing an acknowledgment of service is—

If the claim form is served out of the jurisdiction under rule 6.19, the period for filing an acknowledgment of service is 14 days longer than the relevant period specified in rule 6.22 or the practice direction supplementing Section 3 of Part 6.

Rule 15(4) (which provides the period for filing a defence) applies as if the words “under Part 10” were omitted from rule 15.4(1)(b).

Any testamentary document of the deceased person in the possession or control of any party must be lodged with the court.

Unless the court directs otherwise, the testamentary documents must be lodged in the relevant office—

The claimant and every defendant who acknowledges service of the claim form must in written evidence—

Unless the court directs otherwise, the written evidence required by paragraph (3) must be filed in the relevant office—

Except with the permission of the court, a party shall not be allowed to inspect the testamentary documents or written evidence lodged or filed by any other party until he himself has lodged his testamentary documents and filed his evidence.

The provisions of paragraphs (2) and (4) may be modified by a practice direction under this Part.

In a probate claim which seeks the revocation of a grant of probate or letters of administration every person who is entitled, or claims to be entitled, to administer the estate under that grant must be made a party to the claim.

If the claimant is the person to whom the grant was made, he must lodge the probate or letters of administration in the relevant office when the claim form is issued.

If a defendant has the probate or letters of administration under his control, he must lodge it in the relevant office when he acknowledges service.

Paragraphs (2) and (3) do not apply where the grant has already been lodged at the court, which in this paragraph includes the Principal Registry of the Family Division or a district probate registry.

The claim form must contain a statement of the nature of the interest of the claimant and of each defendant in the estate.

If a party disputes another party’s interest in the estate he must state this in his statement of case and set out his reasons.

Any party who contends that at the time when a will was executed the testator did not know of and approve its contents must give particulars of the facts and matters relied on.

Any party who wishes to contend that—

must set out the contention specifically and give particulars of the facts and matters relied on.

A defendant who contends that he has any claim or is entitled to any remedy relating to the grant of probate of the will, or letters of administration of the estate, of the deceased person must serve a counterclaim making that contention.

If the claimant fails to serve particulars of claim within the time allowed, the defendant may, with the permission of the court, serve a counterclaim and the probate claim shall then proceed as if the counterclaim were the particulars of claim.

In this rule “probate counterclaim” means a counterclaim in any claim other than a probate claim by which the defendant claims any such remedy as is mentioned in rule 57.1(2)(a).

Subject to the following paragraphs of this rule, this Part shall apply with the necessary modifications to a probate counterclaim as it applies to a probate claim.

A probate counterclaim must contain a statement of the nature of the interest of each of the parties in the estate of the deceased to which the probate counterclaim relates.

Unless an application notice is issued within 7 days after the service of a probate counterclaim for an order under rule 3.1(2)(e) or 3.4 for the probate counterclaim to be dealt with in separate proceedings or to be struck out, and the application is granted, the court shall order the transfer of the proceedings to either—

If an order is made that a probate counterclaim be dealt with in separate proceedings, the order shall order the transfer of the probate counterclaim as required under paragraph (4).

A default judgment cannot be obtained in a probate claim and rule 10.2 and Part 12 do not apply.

If any of several defendants fails to acknowledge service the claimant may—

proceed with the probate claim as if that defendant had acknowledged service.

If no defendant acknowledges service or files a defence then, unless on the application of the claimant the court orders the claim to be discontinued, the claimant may, after the time for acknowledging service or for filing a defence (as the case may be) has expired, apply to the court for an order that the claim is to proceed to trial.

When making an application under paragraph (3) the claimant must file written evidence of service of the claim form and (if no particulars of claim were contained in or served with the claim form) the particulars of claim on each of the defendants.

Where the court makes an order under paragraph (3), it may direct that the claim be tried on written evidence.

Part 38 does not apply to probate claims.

At any stage of a probate claim the court, on the application of the claimant or of any defendant who has acknowledged service, may order that—

This Section contains rules about claims for the rectification of a will.

Every personal representative of the estate shall be joined as a party.

The practice direction makes provision for lodging the grant of probate or letters of administration with the will annexed in a claim under this Section.

This Section contains rules about claims and applications for substitution or removal of a personal representative.

Claims under this Section must be brought in the High Court and are assigned to the Chancery Division.

Every personal representative of the estate shall be joined as a party.

The practice direction makes provision for lodging the grant of probate or letters of administration in a claim under this Section.

If substitution or removal of a personal representative is sought by application in existing proceedings, this rule shall apply with references to claims being read as if they referred to applications.