Part 3 THE COURT'S CASE AND COSTS MANAGEMENT POWERSC1F1
England and Wales
Contents of this Part
| F2SECTION I – CASE MANAGEMENT | |
| The court’s general powers of management | Rule 3.1 |
| F3Case management – unrepresented parties | Rule 3.1A |
| Court officer’s power to refer to a judge | Rule 3.2 |
| Court’s power to make order of its own initiative | Rule 3.3 |
| Power to strike out a statement of case | Rule 3.4 |
| Judgment without trial after striking out | Rule 3.5 |
| F4Judgment without trial after striking out a claim in the F5Civil National Business Centre | F6Rule 3.5A |
| Setting aside judgment entered after striking out | Rule 3.6 |
| Sanctions for non-payment of certain fees F7by the claimant | Rule 3.7 |
| F8Sanctions for non-payment of the trial fee by the claimant | Rule 3.7A1 |
| Sanctions for non-payment of certain fees by the defendant | Rule 3.7A |
| Sanctions for non-payment of the trial fee by the defendant, where proceedings continue on the counterclaim alone | Rule 3.7AA |
| Sanctions for dishonouring cheque | Rule 3.7B |
| Sanctions have effect unless defaulting party obtains relief | Rule 3.8 |
| Relief from sanctions | Rule 3.9 |
| General power of the court to rectify matters where there has been an error of procedure | Rule 3.10 |
| F9Orders restraining civil proceedings | Rule 3.11 |
| F10SECTION II – COSTS MANAGEMENT | |
| Application of this Section and the purpose of costs management | Rule 3.12 |
| Filing and exchanging budgets F11and budget discussion reports | Rule 3.13 |
| Failure to file a budget | Rule 3.14 |
| Costs management orders | Rule 3.15 |
| Costs management conferences | Rule 3.16 |
| Court to have regard to budgets and to take account of costs | Rule 3.17 |
| Assessing costs on the standard basis where a costs management order has been made | Rule 3.18 |
| SECTION III – COSTS CAPPING | |
| Costs capping orders - General | Rule 3.19 |
| Application for a costs capping order | Rule 3.20 |
| Application to vary a costs capping order | Rule 3.21 |
Annotations
Textual amendments
- F1
Words in Pt. 3 heading inserted (1.4.2013) by The Civil Procedure (Amendment) Rules 2013 (S.I. 2013/262), rules 2, 5(a) (with rule 22)
- F2
Words in Pt. 3 Table of Contents inserted (1.4.2013) by The Civil Procedure (Amendment) Rules 2013 (S.I. 2013/262), rules 2, 5(b)(i) (with rule 22)
- F3
Words in Pt. 3 Table of Contents inserted (1.10.2015) by The Civil Procedure (Amendment No. 4) Rules 2015 (S.I. 2015/1569), rules 1(2), 3
- F4
Words in Pt. 3 Table of Contents substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 6(b); S.I. 2014/954, art. 2(a)
- F5
Words in Pt. 3 Table of Contents substituted (14.8.2023) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(2), 3(1)
- F6
Words in Pt. 3 Table of Contents inserted (19.3.2012) by The Civil Procedure (Amendment No.4) Rules 2011 (S.I. 2011/3103), rules 1, 4(a)(ii)
- F7
Words in Pt. 3 Table of Contents inserted (6.3.2017) by The Civil Procedure (Amendment) Rules 2017 (S.I. 2017/95), rules 2(b), 5(1)(a) (with rule 13(1)(2))
- F8
Words in Pt. 3 Table of Contents inserted (6.3.2017) by The Civil Procedure (Amendment) Rules 2017 (S.I. 2017/95), rules 2(b), 5(1)(b) (with rule 13(1)(2))
- F9
Words in Pt. 3 Table of Contents substituted (1.10.2022) by The Civil Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/783), rules 1(1), 4(2)
- F10
Words in Pt. 3 Table of Contents inserted (1.4.2013) by The Civil Procedure (Amendment) Rules 2013 (S.I. 2013/262), rules 2, 5(b)(iii) (with rule 22)
- F11
Words in Pt. 3 Table of Contents inserted (6.4.2016) by The Civil Procedure (Amendment) Rules 2016 (S.I. 2016/234), rules 2, 4 (with rule 23)
Modifications
- C1
Pt. 3 applied (with modifications) (1.10.2007) by The Court of Protection Rules 2007 (S.I. 2007/1744), rules 1, 184(a)