Rule 65.18 The hearingF1

(1)

At the hearing fixed in accordance with rule 65.16(1) or at any adjournment of that hearing the court F2shall take appropriate steps to ensure that the respondent is aware of their entitlement to a reasonable opportunity to obtain legal representation and to apply for legal aid which may be available without any means test, and may—

(a)

F3decide the claim; or

(b)

give case management directions.

(2)

Where F4the claim is genuinely disputed on grounds which appear to be substantial, case management directions given under paragraph (1)(b) will include the allocation of the claim to a track or directions to enable it to be allocated.

(3)

Except where—

(a)

F5the claim is allocated to the fast track F6, intermediate track or the multi-track; or

(b)

the court directs otherwise,

any fact that needs to be proved by the evidence of witnesses at a hearing referred to in paragraph (1) may be proved by evidence in writing.

(Rule 32.2(1) sets out the general rule about evidence. Rule 32.2(2) provides that rule 32.2(1) is subject to any provision to the contrary)

(4)

All witness statements must be filed and served at least two days before the hearing.

(5)

Where the claimant serves the claim form and particulars of claim, F7the claimant must produce at the hearing a certificate of service of those documents and rule F86.17(2)(a) does not apply.

Annotations

Textual amendments

F1: Pt. 65 inserted (30.6.2004) by The Civil Procedure (Amendment) Rules 2004 (S.I. 2004/1306), rule 1(b), Sch. 2 (with rule 20(2)(a))
F2: Words in rule 65.18(1) inserted (6.4.2022) by The Civil Procedure (Amendment) Rules 2022 (S.I. 2022/101), rules 1(1), 17(1)
F3: Words in rule 65.18(1)(a) substituted (1.10.2005) by The Civil Procedure (Amendment No.3) Rules 2005 (S.I. 2005/2292), rules 1(c), 48(h)(i)
F4: Words in rule 65.18(2) substituted (1.10.2005) by The Civil Procedure (Amendment No.3) Rules 2005 (S.I. 2005/2292), rules 1(c), 48(h)(ii)
F5: Words in rule 65.18(3)(a) substituted (1.10.2005) by The Civil Procedure (Amendment No.3) Rules 2005 (S.I. 2005/2292), rules 1(c), 48(h)(iii)
F6: Words in rule 65.18(3)(a) inserted (1.10.2023) by The Civil Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/572), rules 1(1), 21(1) (with rule 2)
F7: Words in rule 65.18(5) substituted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 36(c)(i)
F8: Word in rule 65.18(5) substituted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 36(c)(ii)

Notes on Part 65

Textual amendments

F2: Words in Pt. 65 Table of Contents substituted (1.12.2022) by The Civil Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/783), rules 1(2), 29(1)(a)
F3: Words in Pt. 65 Table of Contents inserted (1.12.2022) by The Civil Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/783), rules 1(2), 29(1)(b)
F4: Words in Pt. 65 Table of Contents inserted (1.12.2022) by The Civil Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/783), rules 1(2), 29(1)(c)
F5: Words in Pt. 65 Table of Contents inserted (1.12.2022) by The Civil Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/783), rules 1(2), 29(1)(d)
F6: Words in Pt. 65 Table of Contents inserted (1.12.2022) by The Civil Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/783), rules 1(2), 29(1)(e)
F7: Words in Pt. 65 Table of Contents inserted (31.8.2009) by The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rules 1(3), 13(a)
F8: Words in Pt. 65 Table of Contents inserted (31.1.2011) by The Civil Procedure (Amendment No.2) Rules 2010 (S.I. 2010/1953), rules 1(3), 9(a); S.I. 2010/2988 , art. 2
F9: Words in Pt. 65 Table of Contents inserted (1.10.2014) by The Civil Procedure (Amendment No. 6) Rules 2014 (S.I. 2014/2044), rules 2, 11(a)(i)
F10: Words in Pt. 65 Table of Contents inserted (1.10.2014) by The Civil Procedure (Amendment No. 6) Rules 2014 (S.I. 2014/2044), rules 2, 11(a)(ii)
F11: Words in Pt. 65 Table of Contents inserted (26.10.2026) by The Civil Procedure (Amendment No. 2) Rules 2026 (S.I. 2026/817), rules 1(5), 23(1)

Notes on

Textual amendments

F2: Pt. 65 Section 3 heading substituted (1.12.2022) by The Civil Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/783), rules 1(2), 29(3)