Rule 23.2 Where to make an applicationI1

England and Wales

(1)

The general rule is that an application must be made to the court F1or County Court hearing centre where the claim was started.

F2(2)

If a claim has been transferred to another court, or transferred or sent to another County Court hearing centre since it was started, an application must be made to the court or the County Court hearing centre to which the claim has been transferred or sent, unless there is good reason to make the application to a different court.

(3)

If the parties have been notified of a fixed date for the trial, an application must be made to the court where the trial is to take place.

(4)

F3Subject to F4paragraph (5), if an application is made before a claim has been started, it must be made to the court where F5the claim is most likely to be started unless there is good reason to make the application to a different court.

(F6F75)

An application made in the County Court before a claim has been started may be made at any County Court hearing centre, unless any enactment, rule or practice direction F8states otherwise.

F9(6)

If an application is made after proceedings to enforce judgment have begun, it must be made to F10the court or County Court hearing centre which is dealing with the enforcement of the judgment unless any F11enactment, rule or practice direction F12states otherwise.

Annotations

Textual amendments

F1: Words in rule 23.2(1) inserted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 13(a); S.I. 2014/954, art. 2(a)
F2: Rule 23.2(2) substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 13(b); S.I. 2014/954, art. 2(a)
F3: Words in rule 23.2(4) substituted (19.3.2012) by The Civil Procedure (Amendment No.4) Rules 2011 (S.I. 2011/3103), rules 1, 8(a)(i)
F4: Words in rule 23.2(4) substituted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 14(3)(a)(i)
F5: Words in rule 23.2(4) substituted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 14(3)(a)(ii)
F6: Rule 23.2(4A) substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 13(c); S.I. 2014/954, art. 2(a)
F7: Rule 23.2(4A) renumbered as rule 23.2(5) (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 14(3)(b)
F8: Word in rule 23.2(5) substituted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 14(3)(b)
F9: Rrule 23.2(5) renumbered as rule 23.2(6) (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 14(3)(c)
F10: Words in rule 23.2(5) substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 13(d)(i); S.I. 2014/954, art. 2(a)
F11: Word in rule 23.2(5) inserted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 13(d)(ii); S.I. 2014/954, art. 2(a)
F12: Word in rule 23.2(6) substituted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 14(3)(c)

Commencement

I1: Rule 23.2 in force at 26.4.1999, see Signature

Notes on Part 23

Textual amendments

F1: Word in Pt. 23 Table of Contents substituted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 14(1)(a)
F2: Word in Pt. 23 Table of Contents substituted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 14(1)(b)
F3: Words in Pt. 23 Table of Contents inserted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 14(1)(c)
F4: Words in Pt. 23 Table of Contents substituted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules, 1(1) 14(1)(d