23.13 Where the Court does not fix a hearing date when the Abridged Procedure Claim Form is issued, it will give directions for the disposal of the claim as soon as practicable after the Defendant has acknowledged service of the Abridged Procedure Claim Form or, as the case may be, after the period for acknowledging service has expired. 23.14 The Court may convene a directions hearing before giving directions. Filing and serving written evidence23.15 The Claimant shall file any written evidence on which he intends to rely when he files his Abridged Procedure Claim Form. 23.16 The Claimant’s evidence shall be served on the Defendant with the Abridged Procedure Claim Form unless the evidence is contained in the Abridged Procedure Claim Form itself. 23.17 A Defendant who wishes to rely on written evidence shall file it when he files his Acknowledgment of Service (Abridged Procedure). 23.18 If he does so, he shall also, at the same time, serve a copy of his evidence on the other parties. 23.19 The Claimant may, within 14 days of service of the Defendant’s evidence on him, file further written evidence in reply. 23.20 If he does so, he shall also, within the same time limit, serve a copy of his evidence on the other parties. 23.21 The parties may, subject to the following provisions, agree in writing on an extension of time for serving and filing evidence. 23.22 An agreement extending time for a Defendant to file evidence: shall be filed by the Defendant at the same time as he files his Acknowledgement of Service (Abridged Procedure); and shall not extend time by more than 14 days after the Defendant files his acknowledgement of service. 23.23 An agreement extending time for a Claimant to file evidence in reply shall not extend time to more than 28 days after service of the Defendant’s evidence on the Claimant. Evidence at Hearing23.24 No written evidence may be relied on at the hearing of the claim unless: it has been served in accordance with Rules 23.15 to 23.23; or the Court gives permission. 23.25 The Court may require or permit a party to give oral evidence at the hearing. 23.26 The Court may give directions requiring the attendance for cross-examination of a witness who has given written evidence. Additional claims23.27 Where the Abridged Procedure is used, Part 13 (Counterclaims and other Related Claims) applies except that a party may not make an additional claim without the Court’s permission.
Part 24 Judgments and OrdersSECTION I – JUDGMENTS AND ORDERS24.1 This Section sets out Rules about judgments and orders which apply except where any other of these Rules or a Practice Direction makes a different provision in relation to the judgment or order in question. Standard requirements24.2 Every judgment or order shall state the name and judicial title of the person who made it. 24.3 Every judgment or order shall: bear the date on which it is given or made; be sealed by the Court; and; be signed by a Judge or the Registrar or an officer acting with the authority of the Registrar. 24.4 Court orders may be issued and sealed by the Registry electronically. 24.5 It is not necessary for the Judge or Judges to be present in the Court to deliver their judgments. Judgments shall be reduced to writing and shall be made public. Drawing up and filing of orders24.6 Except for orders made by the Court of its own initiative and unless the Court otherwise orders, every order will be drawn up by the parties. 24.7 Where an order is to be drawn up by a party: he shall file it no later than 48 hours after the date on which the Court ordered or permitted him to draw it up so that it can be sealed by the Court; and if he fails to file it within that period, any other party may draw it up and file it. Service of orders24.8 Unless the Court orders otherwise, where an order has been drawn up by a party and is to be served by the Court: the party who drew it up shall file a copy at Court; and once it has been sealed, the Court shall serve a copy of it on each party to the proceedings. 24.9 Unless the Court directs otherwise, any order made otherwise than at trial shall be served on: the applicant and the respondent; and any other person on whom the Court orders it to be served. Power to require judgment or order to be served on a party as well as his legal representative24.10 Where the party on whom a judgment or order is to be served is acting by a legal representative, the Court may order the judgment or order to be served on the party as well as on his legal representative. Agreed orders24.11 An application for an agreed order shall include a draft of the proposed order signed on behalf of all the parties to whom it relates. When judgment or order takes effect24.12 A judgment or order takes immediate effect from the time on the day when it is given or made, or such later time or date as the Court may specify. Time from which interest begins to run24.13 Where interest is payable on a judgment pursuant to Article 37 of the Court Regulations, the interest shall begin to run from the date that judgment is given unless: a Rule in another Part or a Practice Direction makes different provision; or the Court orders otherwise. Who may apply to set aside or vary a judgment or order24.14 A person who is not a party but who is directly affected by a judgment or order may apply to have the judgment or order set aside or varied. Time for complying with a judgment or order24.15 A party shall comply with a judgment or order for the payment of an amount of money (including costs) within 14 days of the date of the judgment or order, unless: the judgment or order specifies a different date for compliance (including specifying payment by instalments); any of these Rules specifies a different date for compliance; or the Court has stayed the proceedings or judgment. Orders requiring an act to be done24.16 An order which requires an act to be done (other than a judgment or order for the payment of an amount of money) shall specify the time within which the act should be done. Correction of errors in judgments and orders24.17 The Court may at any time correct an accidental slip or omission in a judgment or order either upon an application or on its own motion.
Part 25 Change of Legal RepresentativeLegal representative acting for a party25.1 Where the address for service of a party is the business address of his legal representative, the legal representative will be considered to be acting for that party until the provisions of this Part have been complied with. 25.2 A legal representative appointed to represent a party only as an advocate at a hearing will not be considered to be acting for that party within the meaning of this Part. Change of legal representative — Duty to give notice25.3 Where a party appoints a new legal representative to conduct the claim on his behalf or dismisses his legal representative and intends to act in person, the party or his legal representative (where one is acting) shall: file notice of the change; and serve notice of the change on every other party. 25.4 The notice shall state the party’s new address for service. Order that a legal representative has ceased to act25.5 A legal representative or any party may apply for an order declaring that the legal representative has ceased to act for a party. 25.6 Where an application is made under Rule 25.5, notice of the application shall be given to the party to whose legal representative the application relates, unless the Court directs otherwise. 25.7 Where the Court makes an order that a legal representative has ceased to act: a copy of the order shall be served on every party to the proceedings; if it is served by a party or the legal representative, they shall file a certificate of service; the order takes effect when it is served; and the party for whom the legal representative was acting shall give a new address for service.
Part 26 CostsSECTION I – GENERAL RULES ABOUT COSTSDefinitions and application26.1 In this Part, unless the context otherwise requires: ‘costs’ means the legal fees and associated expenses incurred by a party in conducting its case; ‘receiving party’ means a party entitled to be paid costs; and ‘paying party’ means a party liable to pay costs. ‘immediate assessment’ means the procedure whereby costs are assessed immediately by the Judge who has heard the case or application. ‘detailed assessment’ means the procedure by which the amount of costs is decided by the Court in accordance with any relevant Practice Direction. 26.2 The costs to which this Part applies include the following costs where those costs may be assessed by the Court: costs of proceedings before an arbitrator; and costs which are payable by one party to another party under the terms of a contract, where the Court makes an order for an assessment of those costs. Legal representative’s duty to notify client26.3 Where: the Court makes a costs order against a legally represented party; and the party is not present when the order is made; the party’s legal representative shall notify his client in writing of the costs order no later than 7 days after the legal representative receives notice of the order. Court’s discretion as to costs26.4 The Court has discretion as to: whether costs are payable by one party to another; the amount of those costs; and when they are to be paid. 26.5 If the Court decides to make an order about costs: the general rule is that the unsuccessful party will be ordered to pay the costs of the successful party; but the Court may make a different order. 26.6 The costs orders which the Court may make include an order that a party must pay: a proportion of another party’s costs; and costs relating only to a distinct part of or distinct issues in the proceedings. 26.7 Where the Court has ordered a party to pay costs, it may order an amount to be paid on account before the costs are assessed. 26.8 Where a party entitled to costs is also liable to pay costs the Court may assess the costs which that party is liable to pay and either: set off the amount assessed against the amount the party is entitled to be paid and direct him to pay any balance; or delay the issue of a certificate for the costs to which the party is entitled until he has paid the amount which he is liable to pay. Costs in the Small Claims Court (‘SCC’)26.9 The SCC may not order a party to a small claim to pay a sum to another party in respect of that other party’s costs, fees and expenses, including those relating to an appeal, except: such part of any Court fees paid by that other party as the SCC may consider appropriate; and such further costs as the SCC may assess by the summary procedure and order to be paid by a party who has behaved unreasonably. 26.10 A party’s rejection of an offer in settlement will not of itself constitute unreasonable behaviour under Rule 26.9(2) but the Court may take it into consideration when it is applying the unreasonableness test. Basis of assessment26.11 Where the Court is to assess the amount of costs (whether by immediate or detailed assessment) it will allow costs which were reasonably and necessarily incurred and were proportionate to the matters in issue. 26.12 The Court may order a party which has behaved unreasonably to pay additional costs. Procedure for assessing costs26.13 Where the Court orders a party to pay costs to another party it may either: make an immediate assessment of the costs; or order detailed assessment of the costs; unless any Rule, Practice Direction or other enactment provides otherwise. 26.14 Each party who intends to claim immediate assessment of costs or an interim payment on account of costs shall prepare a written statement of the costs he intends to claim. 26.15 The statement of costs shall be filed at Court and copies of it shall be served on any party against whom an order for payment of those costs is intended to be sought. The statement of costs should be filed and the copies of it should be served as soon as possible and in any event not less than 24 hours before the date fixed for the hearing. 26.16 Where the Court orders the detailed assessment of costs, the parties may apply for those to be assessed. The Court may issue a Practice Direction relating to the detailed assessment of costs. Time for complying with an order for costs26.17 A party shall comply with an order for the payment of costs within 14 days of: the date of the judgment or order if it states the amount of those costs; if the amount of those costs (or part of them) is decided later, the date on which the costs are assessed; or in either case, such later date as the Court may specify. Special situations26.18 Where the Court makes an order which does not mention costs: subject to Rule 26.19, the general rule is that no party is entitled to costs in relation to that order; but this does not affect any entitlement of a party to recover costs out of a fund held by him as trustee or personal representative, or pursuant to any lease, mortgage or other security. 26.19 Where the Court makes: an order granting permission to appeal; or any other order or direction sought by a party on an application without notice; and its order does not mention costs, it will be considered to include an order for the applicant’s costs in the case. 26.20 Any party affected by an order for costs under Rule 26.19 may apply at any time to vary the order. 26.21 The Court hearing an appeal may, unless it dismisses the appeal, make orders about the costs of the proceedings giving rise to the appeal as well as the costs of the appeal. Court’s powers in relation to misconduct26.22 The Court may, in connection with an immediate or detailed assessment, make an order under Rule 26.23 where: a party or his legal representative fails to comply with a Rule, Practice Direction or Court order; or it appears to the Court that the conduct of a party or his legal representative, before or during the proceedings which gave rise to the assessment proceedings, was unreasonable or improper. 26.23 Where Rule 26.22 applies, the Court may: disallow all or part of the costs which are being assessed; or order the party at fault or his legal representative to pay costs which he has caused any other party to incur. 26.24 Where: the Court makes an order under Rule 26.23 against a legally represented party; and the party is not present when the order is made; the party’s legal representative shall notify his client in writing of the order no later than 7 days after the legal representative receives notice of the order. 26.25 Before making an order under Rule 26.23 the Court shall give the party or legal representative in question a reasonable opportunity to give reasons why it should not make such an order. Costs orders in favour of or against non-parties26.26 Where the Court is considering whether to exercise its power to make a costs order in favour of or against a person who is not a party to proceedings: that person shall be added as a party to the proceedings for the purposes of costs only; and he shall be given a reasonable opportunity to attend a hearing at which the Court will consider the matter further. 26.27 Rule 26.26 does not apply where the Court is considering whether to make a wasted costs order. Personal liability of legal representative for costs — Wasted costs orders26.28 The Court shall have power to disallow or, (as the case may be) order the legal or other representative concerned to meet, the whole of any wasted costs or such part of them as may be determined. 26.29 The Court shall give the legal representative a reasonable opportunity to give reasons why it should not make such an order. 26.30 When the Court makes a wasted costs order, it shall: specify the amount to be disallowed or paid; or direct the Registrar to decide the amount of costs to be disallowed or paid. 26.31 The Court may direct that notice shall be given to the legal representative’s client, in such manner as the Court may direct: of any hearing under Rule 26.29; or of any order made against his legal representative. 26.32 The Court may refer the question of wasted costs to the Registrar instead of making a wasted costs order. Costs order in favour of a party represented pro bono26.33 Where a party («the claiming party») is represented by a law firm acting pro bono, the law firm may apply for an order that the other party («the paying party») make a payment in respect of the costs of legal services provided to the pro bono litigant at no charge («a pro bono costs order»). The Court shall consider the application and assess the costs as if the claiming party were obliged to pay the fees of the law firm at the normal commercial rates charged by the law firm. 26.34 Where the Court makes a pro bono costs order, such costs shall be subject to immediate assessment. 26.35 Any costs payable pursuant to a pro bono costs order shall be paid into Court and applied in accordance with any relevant Practice Direction.
Part 27 Arbitration ClaimsSECTION I – ARBITRATION CLAIMSInterpretation27.1 In this Part: ‘the Arbitration Regulations’ mean the AIFC Arbitration Regulations 2017; ‘arbitration claim’ means: (a) any application to the Court under the Arbitration Regulations; (b) any other application affecting: (і) arbitration proceedings (whether started or not); or (ii) an arbitration agreement. Starting the claim27.2 Except where Rule 27.3 or Rule 27.4 applies an arbitration claim shall be started by the issue of an arbitration claim form in accordance with the Abridged Procedure. 27.3 An application under Article 16 of the Arbitration Regulations to stay legal proceedings shall be made by application under Part 6 in the proceedings. 27.4 An application under Article 37 of the Arbitration Regulations to secure the attendance of a witness should be made in accordance with Part 18, Section VI. Arbitration Claim Form27.5 An Arbitration Claim Form shall: include a concise statement of the remedy claimed; give details of any arbitration award challenged, identifying which part or parts of the award are challenged and specifying the grounds for the challenge; show that any statutory requirements have been met; specify under which Article of the Arbitration Regulations the claim is made; identify against which (if any) defendants a Costs Order is sought; and specify either: (a) the persons on whom the Arbitration Claim Form will be served, stating their role in the arbitration and whether they are defendants; or (b) that the claim is made without notice and the grounds relied on. Service27.6 An Arbitration Claim Form shall be served by the claimant. 27.7 Unless: the Court orders otherwise; or the Arbitration Claim Form seeks enforcement or recognition of an award under Part 3 of the Arbitration Regulations an Arbitration Claim Form shall be served on the defendant within 30 days from the date of issue. 27.8 The claimant shall file a Certificate of Service within 7 days of serving the Arbitration Claim Form. Notice27.9 Where an arbitration claim is made under Article 22(3) (challenging an Arbitrator), Article 23(1) (terminating an Arbitrator’s mandate) or Article 42(5) of the Arbitration Regulations (determination of fees and expenses payable to the arbitral tribunal), each Arbitrator shall be a defendant. 27.10 Where notice shall be given to an Arbitrator or any other person it may be given by sending him a copy of — the Arbitration Claim Form; and any written evidence in support. 27.11 Save where Rule 27.12 applies, where a party makes an Arbitration Claim, each of the other parties to the arbitration shall be made a defendant to the Arbitration Claim. 27.12 Where a party makes an Arbitration Claim for recognition or enforcement of an award under Part 3 of the Arbitration Regulations: only the party against whom such an order is sought need be made a defendant to the Arbitration Claim; and the Arbitration Claim may be made without notice. Representations by an arbitrator27.13 Where an Arbitrator is sent a copy of an Arbitration Claim Form (including an Arbitration Claim Form sent under Rule 27.10), that arbitrator may: apply to be made defendant; or apply to make representations to the Court under Rule 27.14. 27.14 An application under Rule 27.13(1) to be made a defendant: shall be served on the Arbitral Tribunal; but need not be served on any other party. 27.15 An Arbitrator may make representations by filing written evidence or in writing to the Court. 27.16 Any Arbitrator filing written evidence or making representations to the Court may not be called to give oral evidence without the permission of the Court. Supply of documents from Court records27.17 An Arbitration Claim Form may only be inspected with the permission of the Court. Case progression27.18 Part 16 does not apply. 27.19 The claimant should apply for a hearing date as soon as possible after issuing an Arbitration Claim Form. 27.20 Where a claimant in an arbitration claim seeks to rely on written evidence, a copy of that evidence shall be filed and served with the Arbitration Claim Form. 27.21 A defendant who wishes to rely on evidence before the Court shall file and serve his written evidence within 21 days after the date by which he was required to acknowledge service. 27.22 A claimant who wishes to rely on evidence in reply to written evidence filed under Rule 27.21 shall file and serve his written evidence within 7 days after service of the defendant’s evidence. Hearings27.23 The Court may order that an arbitration claim be heard either in public or in private. 27.24 The general rule is that arbitration claims are to be heard in private. The Court may order those proceedings to be heard in open court — on the application of any party; or if, in any particular case, the court is satisfied that those proceedings ought to be heard in open court. 27.25 The Court may direct that any judgment in respect of any arbitration claim be published and that the judgment be redacted or anonymised to conceal any matter. Stay or dismissal of legal proceedings27.26 An application notice seeking a stay or dismissal of legal proceedings under Article 16 of the Arbitration Regulations shall be served on all parties to those proceedings. 27.27 Where a question arises as to whether: an arbitration agreement has been concluded; or the dispute which is the subject-matter of the proceedings falls within the terms of such an agreement; the Court may decide that question or give directions to enable it to be decided and may order the proceedings to be stayed pending its decision. Challenging an Arbitrator27.28 An application to challenge an Arbitrator under Article 22(3) of the Arbitration Regulations shall be made within 30 days after receipt of notice of the ruling by the Arbitral Tribunal rejecting the party’s challenge. Applications to determine the jurisdiction of the Arbitral Tribunal27.29 An arbitration claim for the determination of a preliminary question as to the substantive jurisdiction of the Arbitral Tribunal under Article 26(3) of the Arbitration Regulations shall be made within 30 days after receipt of notice of the ruling by the Arbitral Tribunal as a preliminary question that it has jurisdiction. Interim measures27.30 An application to the Court to enforce an interim measure made by an Arbitral Tribunal or for an order from the Court issuing an interim measure under Article 27 of the Arbitration Regulations shall be made in an Arbitration Claim Form in accordance with Part 15. 27.31 An application to enforce an interim measure made by an Arbitral Tribunal will not be granted unless the applicant files written evidence showing that the application is made with the written permission of the Arbitral Tribunal. Court assistance in taking evidence27.32 An Arbitral Tribunal or a party to arbitral proceedings being conducted in the AIFC who wishes to rely on Article 37 of the Arbitration Regulations to secure the attendance of a witness shall apply for a witness summons in accordance with Part 18, Section VI. 27.33 A witness summons will not be issued on the application of a party to arbitral proceedings unless the applicant files written evidence showing that the application is made with the approval of the tribunal. 27.34 Any other application made under Article 37 of the Arbitration Regulations for the assistance of the Court in taking evidence shall be made in an Arbitration Claim Form. Applications to set aside an award27.35 An application under Article 44 of the Arbitration Regulations to set aside an arbitral award shall be made: within 3 months from the date on which the party making the application received the award; or if a request had been made under Article 43 of the Arbitration Regulations, within 3 months from the date on which that request was disposed of by the Arbitral Tribunal; or within such longer period as the parties to the arbitration agree in writing. 27.36 Where a party applies to set aside an arbitral award, the arbitration claim form shall state: the grounds under Article 43(2) of the Arbitration Regulations on which the party alleges that the award should be set aside; and whether the Arbitral Tribunal requests that the setting aside proceedings be suspended under Article 43(4) of the Arbitration Regulations in order to give the Arbitral Tribunal an opportunity to resume the arbitral proceedings or to take such other action as may eliminate the grounds for setting aside. 27.37 The written evidence in support of the application shall set out any evidence relied on by the party for the purpose of satisfying the Court: of the matters referred to in Article 43(2) of the Arbitration Regulations; and that the award should be set aside. 27.38 The written evidence filed by the respondent to the application shall: state the grounds on which the Respondent opposes the award being set aside;
Appeals
state whether the Respondent requests that the setting aside proceedings be suspended under Article 43(4) of the Arbitration Regulations in order to give the Arbitral Tribunal an opportunity to resume the arbitral proceedings or to take such other action as may eliminate the grounds for setting aside; and set out any evidence relied on by him relating to the matters mentioned in Article 43(2) of the Arbitration Regulations.
27.39 No appeal lies from a decision of the Court under Articles 20(3), 20(4), 20(5), 22(3), 23(1), 24(2) or 26(3) of the Arbitration Regulations. SECTION II – RECOGNITION AND ENFORCEMENT OF ARBITRAL AWARDS27.40 An application under Article 44(1) of the Arbitration Regulations to enforce an award or under Article 45 of the Arbitration Regulations for recognition of an award may be made without notice in an Arbitration Claim Form. 27.41 The application shall be supported by written evidence: exhibiting: (a) the original award; and (b) the original arbitration agreement; or copies of those documents certified in accordance with Article 44(3) of the Arbitration Regulations; (if the award or agreement is not made in English), producing a translation of the award or agreement certified in accordance with Article 44(3) of the Arbitration Regulations; stating the name and the usual or last known place of residence or business of the parties or, if a party is a body corporate, its registered or principal address; (in the case of an application to enforce an award) stating either: (a) that the award has not been complied with; or (b) the extent to which it has not been complied with at the date of the application. 27.42 A draft order in both English and Kazakh or Russian shall accompany the application unless the Court orders otherwise. 27.43 The Order enforcing or recognising the award shall be served on the defendant, unless the Court orders otherwise. 27.44 Within 14 days after service of an Order made without notice or within such other period as the Court may set: the defendant may apply to set aside the Order; and the award shall not be enforced until after: (a) the end of that period; or (b) any application made by the defendant within that period has been finally disposed of. 27.45 An Order made without notice shall contain a statement of the right to make an application to set the Order aside; and the restrictions on enforcement under Rule 27.44(2). 27.46 An application under Rule 27.44(1) shall: be made in accordance with Part 6; set out the grounds under Article 46(1) of the Arbitration Regulations on which the applicant alleges that the Order should be set aside; set out any grounds under Article 46(2) of the Arbitration Regulations on which the applicant alleges that the decision to set aside the Order should be adjourned; be accompanied by written evidence setting out any evidence relied on by the party for the purpose of satisfying the Court: (a) of the matters referred to in Article 46 of the Arbitration Regulations; and (b) that the Order should be set aside. 27.47 If the Respondent to the application wishes to rely on evidence in reply to written evidence filed under Rule 27.46(4) he shall file and serve his written evidence within 7 days after service of the Applicant’s evidence. 27.48 The written evidence filed by the Respondent to the application shall: state the grounds on which the Respondent opposes the recognition or enforcement of the award being set aside; and set out any evidence relied on by him relating to: (a) the matters referred to in Article 46(1) of the Arbitration Regulations; and (b) the provision by the applicant of appropriate security in accordance with Article 46(2) of the Arbitration Regulations. 27.49 After conclusion of the period referred to Rule 27.44(2), in relation to any award in respect of which the Court has made an Order enforcing the award: the award may be enforced within the Republic of Kazakhstan in the same manner as a Judgment or Order of the Court to the same effect; and the Court may enter Judgment in the terms of the award. Interest on Awards27.50 Where an applicant seeks to enforce an award of interest the whole or any part of which relates to a period after the date of the award, he shall file a statement giving the following particulars: whether simple or compound interest was awarded; the date from which interest was awarded; where rests were provided for, specifying them; the rate of interest awarded; and a calculation showing: (a) the total amount claimed up to the date of the statement; and (b) any sum which will become due on a daily basis. 27.51 A statement under Rule 27.50 shall be filed whenever the amount of interest has to be quantified for the purpose of: obtaining a Judgment or Order under Rule 27.49; or enforcing such a Judgment or Order.
Part 28 The Small Claims Court 28.1 This Part: sets out the special procedure for dealing with claims («small claims») which are issued in or have been transferred to the Small Claims Court («the SCC»); and limits the amount of costs that can be recovered in respect of a small claim. 28.2 The SCC will hear and determine claims within the jurisdiction of the Court: where the amount of the claim or the value of the subject matter of the claim does not exceed USD 150,000; where the amount of the claim or the value of the subject matter of the claim does not exceed USD 300,000 and all parties to the claim elect in writing that it be heard by the SCC; where the claim relates to the employment or former employment of a party and all parties elect in writing that it be heard by the SCC; and such other claims as may be ordered or directed by the Chief Justice to be heard by the SCC from time to time. 28.3 Where a claimant issues multiple claims against the same defendant, the SCC Judge may, where appropriate, treat those claims as a single consolidated claim for the purposes of deciding whether the amount in dispute exceeds the limits of the SCC’s jurisdiction. 28.4 Reference in this Part to «claims» shall include reference to counterclaims, save that, where a counterclaim would not otherwise be within the SCC’s jurisdiction, a SCC Judge may direct that the proceedings be transferred to the Court of First Instance Re-allocation28.5 The Court may order that a small claim be transferred to the Court of First Instance. SCC Judge’s power to grant a final remedy28.6 A SCC Judge may grant any final remedy in relation to a small claim which a Judge of the Court of First Instance could grant if the proceedings were before that Court. Extent to which other Parts apply28.7 The following provisions of these Rules shall apply to small claims except to the extent that a Rule limits such application or the SCC Judge orders otherwise: Part 1 to Part 3; Part 5 (service of documents); Part 6 (making applications) Part 8 (disputing jurisdiction); Part 10 (admissions); Rules 18.1 and 18.6 (power to control evidence); Rules 19.3 to 19.9 (experts— overriding duty to the court and power to restrict expert evidence) and Rules 19.18 to 19.22 (single joint experts); Rules 21.1 to 21.13 (discontinuance); Part 23 (judgments and orders); Rules 26.9 and 26.10 (costs in the SCC); and Part 29 to Part 30. Commencement of a small claim28.8 A small claim shall be started by a Small Claim Form. 28.9 The claimant shall set out in or attach to the Small Claim Form a statement summarising the remedy sought and the claimant’s reasons for claiming that he is entitled to that remedy. The claimant shall include on the face of the Claim Form a statement of the monetary value of the small claim. 28.10 The claimant shall include in the Claim Form the name and email address for service and residential address of the claimant and (if known) the defendant. Where the claimant or defendant is not an individual, the claimant shall state the address where they carry on business. 28.11 The SCC will serve the claim form on the defendant, unless otherwise directed by the Registry. Responding to a small claim28.12 Within 14 days after he is served with a Small Claim Form, a defendant shall: Admit the claim by filing and serving on the claimant an admission in accordance with Part 10; File a Small Claim Defence to the claim setting out: (a) which parts of the claim are admitted; (b) which parts are denied and his reasons for denying those parts; and (c) the details of any counterclaim; or Make an application to dispute the jurisdiction of the SCC in accordance with Part 6 and in every case shall provide an email address for service and state his residential address. Where the defendant is not an individual, he shall state the address at which he carries on business.
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Содержание Part 1 The Overriding ObjectivePart 2 Interpretation, Court Documents and FormsPart 3 Case Management Powers of the CourtPart 4 Commencing a ClaimPart 5 Service of DocumentsPart 6 Making ApplicationsPart 7 Responding to a claimPart 8 Disputing jurisdictionPart 9 Default JudgmentPart 10 AdmissionsPart 11 Statements of Case and Further InformationPart 12 PartiesPart 13 Counterclaims and other Related ClaimsPart 14 Immediate JudgmentPart 15 Interim RemediesPart 16 Case ProgressionPart 17 Production of DocumentsPart 18 EvidencePart 19 ExpertsPart 20 Offers to Settle and Payments into CourtPart 21 Discontinuing a ClaimPart 22 HearingsPart 23 Abridged Procedure for ClaimsPart 24 Judgments and OrdersPart 25 Change of Legal RepresentativePart 26 CostsPart 27 Arbitration ClaimsPart 28 The Small Claims CourtPart 29 AppealsPart 30 Enforcement |