The Queen’s Bench Guide - Judiciary

1 1 The queen s Bench Guide A Guide to the working practices of the queen s Bench Division within the Royal Courts of Justice 2021 2 Dedication Master Graham Rose died on 21 November 2020. He was a much-valued colleague who provided the most dedicated service to the queen s Bench Division over many years. This continued in retirement, with his meticulous assistance in the preparation of the last three editions of the QB Guide . This edition of the QB Guide is dedicated to Graham s memory by his colleagues, with gratitude and affection. 3 Foreword by The Rt Hon. Dame Victoria Sharp, President of the queen s Bench Division As a result of the pandemic, we are now working under conditions that would have been unimaginable a year ago.

2 The speed with which certain changes have been made, the use of remote hearings and the electronic filing of documents for example, has been remarkable. Just as remarkable is the way in which all those involved in the work of the queen s Bench Division have adapted to those changes. I would like to pay tribute to the many individuals who have played their part in ensuring that the work of this largest of the divisions of the High court has continued apace throughout this period. This includes the judges, the Masters, HMCTS staff and professional court users. Against this background, the publication of the seventh edition of this Guide is indeed timely and I am delighted to introduce it. The efficient management of court business has always been important but perhaps never more so than now.

3 It promotes fairness, efficiency and reduces costs. This ultimately serves the interests of litigants, the interests of justice and the public interest. The Guide has been and continues to be an indispensable resource for all those who practise and litigate in the queen s Bench Division and who aspire to do so well. I commend those who have worked so hard to produce it, including Master Fontaine and the individuals she mentions, in particular Master Sullivan who has shouldered the lion s share of the enormous amount of work that revising the Guide has involved. 4 Editorial note by Senior Master Fontaine With the support and encouragement of Dame Victoria Sharp, President of the queen s Bench Division, this Guide has been prepared for the assistance of all who practise or litigate in the queen s Bench Division.

4 This seventh edition of the Guide is a full revision and takes into account the following developments since the last edition of the Guide - The introduction of electronic working and filing in the Central Office of queen s Bench Division of the Royal Courts of Justice, using the CE-File electronic court file and management system; The changes to CPR 53 and the Part 53 Practice Directions concerning the Media and Communications List; The changes consequential upon Brexit and the end of the transition period under the UK Withdrawal Act; Amendments to the Contempt regime; and Changes to the Enforcement regime. I owe a considerable debt to Master Sullivan for her exceptional work in carrying out a complete overhaul of the previous edition of the QB Guide , without which this publication would not have occurred.

5 I also thank Master Cook for his contribution in relation to the section on the operation of CE-File. Without his work on the IT Project Board the pilot scheme introducing the system would not have operated in such an efficient manner, with teething problems able to be picked up and corrected quickly, and both Judiciary and court staff having a good opportunity to become accustomed to working electronically. I am also grateful to those professional court users who participated in the pilot, assisting us in ensuring it work efficiently before it became compulsory, and enabling us to correct any problems before that date. I owe thanks also to Mr Justice Kerr for the revised section on Contempt, to Master Dagnall for his work in relation to Judgments on Land, and to Master Thornett for new content on Change of Solicitor.

6 However, all errors and omissions are mine and I welcome any comments and suggestions from the Profession and all using this Guide for its improvement. Finally users should note that this Guide is subject to any changes imposed by the Covid Regulations. Barbara Fontaine Senior Master 25 January 2021 5 Contents FOREWORD .. 3 EDITORIAL NOTE BY SENIOR MASTER FONTAINE .. 4 1. INTRODUCTION .. 10 THE 10 THE queen S Bench DIVISION .. 10 THE SPECIALIST COURTS .. 12 THE CENTRAL OFFICE .. 13 THE Judiciary .. 14 CONTACT DETAILS .. 15 2. LITIGANTS IN 16 GENERAL .. 16 PRACTICAL ASSISTANCE FOR LITIGANTS IN PERSON .. 17 HEARINGS .. 18 BEFORE THE HEARING .. 18 AT THE HEARING .. 18 MCKENZIE FRIENDS .. 19 3. THE court FILE .. 21 USING CE-FILE .. 21 ISSUING ON CE FILE .. 23 FILING DOCUMENTS ON CE FILE.

7 23 APPLICATIONS .. 24 CONSENT ORDERS .. 24 ORIGINAL DOCUMENTS .. 24 ANONYMITY/CONFIDENTIAL DOCUMENTS .. 25 HEARING/TRIAL 25 PROVISIONAL DAMAGES .. 26 OTHER COMMUNICATIONS WITH THE court .. 26 FEES .. 27 ONLINE PUBLIC SEARCH .. 28 CE FILE PROBLEMS .. 28 4. APPLICATIONS MADE PRE- ISSUE OR AT THE POINT OF ISSUE .. 29 INTERIM REMEDIES .. 29 DISCLOSURE BEFORE PROCEEDINGS ARE STARTED .. 29 DEFAMATION PROCEEDINGS: OFFER OF AMENDS .. 30 PERMISSION TO ISSUE/PERMISSION TO SERVE OUT OF THE JURISDICTION .. 30 APPLICATIONS FOR ANONYMITY .. 30 POSSESSION CLAIMS AGAINST TRESPASSERS .. 30 5. STARTING PROCEEDINGS IN THE queen S Bench DIVISION CENTRAL 32 ISSUING AND SERVING THE CLAIM FORM .. 32 PART 7 CLAIMS .. 32 ASSIGNMENT TO MASTER .. 33 THE CLAIM 33 STATEMENTS OF CASE (PART 7 PROCEDURE).

8 34 6 PARTICULARS OF CLAIM (PART 7 PROCEDURE) .. 35 TITLES OF CLAIMS .. 36 STRIKING OUT OF A CLAIM .. 36 TOTALLY WITHOUT MERIT ORDER .. 37 PART 8 PROCEDURE .. 37 6. SERVICE OF DOCUMENTS .. 39 INTRODUCTION .. 39 SERVICE OF THE CLAIM FORM WITHIN THE JURISDICTION .. 39 SERVICE OF THE CLAIM FORM OUT OF THE JURISDICTION .. 40 SERVICE WITHOUT PERMISSION .. 40 SERVICE WITH PERMISSION .. 40 METHODS OF SERVICE OUT OF THE JURISDICTION .. 41 DOCUMENTS OTHER THAN THE CLAIM FORM .. 41 SERVICE OF APPLICATION NOTICES AND court ORDERS .. 42 SERVICE OF DOCUMENTS FROM FOREIGN COURTS OR TRIBUNALS .. 42 SERVICE WHERE SOLICITORS ARE ACTING FOR A PARTY .. 42 7. PART 7 PROCEDURE FOLLOWING SERVICE OF THE CLAIM FORM .. 44 RESPONDING TO A PART 7 CLAIM .. 44 DEFENCE .. 44 STRIKING OUT OF A DEFENCE .. 45 JUDGMENT IN DEFAULT OR ON ADMISSIONS.

9 45 REPLY AND FURTHER STATEMENTS OF CASE .. 47 PART 20 PROCEEDINGS: COUNTERCLAIMS AND OTHER ADDITIONAL CLAIMS .. 47 NOTICE OF ALLOCATION AND DIRECTION QUESTIONNAIRES .. 47 8. PART 8 - ALTERNATIVE PROCEDURE FOR CLAIMS .. 48 GENERAL .. 48 SETTLEMENT OF A PROVISIONAL DAMAGES CLAIM .. 49 9. HEARINGS .. 50 OPEN JUSTICE .. 50 LISTING IN TERM AND VACATION .. 50 LISTING OF HEARINGS BEFORE THE MASTERS .. 51 THE URGENT AND SHORT APPLICATIONS LIST .. 52 MASTER S APPOINTMENTS .. 53 COSTS AND CASE MANAGEMENT LIST .. 55 THE ASBESTOS LIST .. 55 TRIALS BEFORE THE MASTERS .. 56 ADJUSTMENTS OR SPECIAL MEASURES FOR APPLICATIONS .. 57 LISTING BEFORE HIGH court JUDGES .. 57 THE LISTS .. 57 INTERIM HEARINGS .. 57 THE TRIAL LIST .. 58 THE MEDIA AND COMMUNICATIONS LIST .. 59 APPLICATIONS TO VARY THE TRIAL WINDOW.

10 60 APPLICATIONS TO VARY TRIAL DATES .. 60 LISTING TARGETS .. 61 ATTENDANCE AT HEARINGS .. 61 ADJUSTMENTS OR SPECIAL MEASURES FOR TRIALS .. 62 VIDEO CONFERENCING AND TELEPHONE HEARINGS (REMOTE HEARINGS) .. 62 PREPARATION FOR HEARINGS INCLUDING SKELETON ARGUMENTS .. 63 7 RECORDING OF PROCEEDINGS .. 65 10. CASE MANAGEMENT .. 67 ORDERS MADE OF THE court S OWN INITIATIVE .. 67 ALLOCATION AND 67 ALTERNATIVE DISPUTE RESOLUTION ( ADR ) .. 67 EARLY NEUTRAL EVALUATION .. 67 COSTS AND CASE MANAGEMENT HEARINGS .. 69 PRELIMINARY ISSUES .. 71 DISCLOSURE AND INSPECTION OF DOCUMENTS .. 72 EXPERTS AND ASSESSORS .. 72 EVIDENCE .. 75 RELIEF FROM SANCTIONS .. 78 PRE-TRIAL REVIEW .. 78 TRIAL DIRECTIONS AND TRIAL TIMETABLE .. 79 11. APPLICATIONS .. 81 PROCEDURE 81 APPLICATIONS WITHOUT NOTICE .. 82 APPLICATIONS ON NOTICE.