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1. Domestic agreements
2. Commercial agreements
3. Collective agreements
4. Is a requirement of intention necessary?
Sources:
1) Eisenberg MA. Relational contracts. – Oxford, 1998.
2) McNeil IR. Relational contract theory: challenges and queries. – Northwestern, 2000.
3) Treitel GH. The Law of Contract. – 11th. – London, 2003.
Keywords: intention to create legal relations, legally binding relations, domestic agreements, commercial agreements, collective agreements, “ex gratia”,presumption of legal binding agreement, “honour clause”.
Questions:
1) What’s the difference between domestic and commercial contracts made between relatives (friends)?
2) What is an “objective” approach for the test of the parties’ intentions to create a legally binding relationship?
3) What is a difference between preliminary contract and contract with “honour clause”.
Documents to be analised:
1) Principles of European Contract Law 1995
2) Trade Union and Labour Relations (Consolidation) Act 1992
3) Case Balfour v Balfour (1919)
4) Case Merritt v Merritt (1970)
5) Case Parker v Clark (1960)
6) Case Robinson v HM Customs & Excise (2000)
Topics for essays:
1) Intention to create legal relations in Ukrainian Civil Legislation.
2) The ways of rebutting the presumption of legal binding in commercial agreements.
3) Separation of agreement from consideration.
Theme 3. Capacity(2 hrs)
1) Reasons for limitations on capacity
2) Minors’ contracts
3) Contracts for necessaries
4) Beneficial contracts of service
5) Contracts related to work
6) Effects of entering into a contract with a minor
7) Void contracts
8) Voidable contracts
9) Enforceable contracts
10) Minors’ liability in tort
11) Mental disability
12) Intoxication
Sources:
1) Richard Stone. The modern Law of Contract. – 6th edition. – London, 2005.
2) Collins H. The Law of contract. – 4th edition. – London, 2003.
Keywords: capacity, lack of capacity, minors, mental disability, intoxication, void contract, voidable contract, contracts for ‘necessaries’, beneficial contracts of service, disadvantage, reasonable price.
Questions:
1) What should do adult party who is unaware that the other contracting party is a minor?
2) What is the difference between the goods or services of a kind which can be put in the category of ‘necessaries’ and ‘mere luxury’?
3) What are the degrees of mental disability?
Documents to be analised:
1) Employers’ Liability Act 1880
2) Law of property Act 1925
3) Minors’ Contracts Act (MCA) 1987
4) Mental Capacity Act 2005
5) Sale of Goods Act (SGA) 1979
6) Case Chappie v Cooper (1844)
7) Case Chaplin v Leslie Frewin (1966)
8) Case Edwards v Carter (1893)
9) Case Mercantile Union Guarantee v Ball (1937)
Topics for essays:
1) The consequences of contracting with legally incapable (incapacitated) person.
2) Types of incapacity under Civil Code of Ukraine
3) The consequences of void and voidable contracts in Contract Law of GB and Ukraine.
Theme 4. The Contents of the Contract(4 hrs)
1) Distinction between representations and terms
2) Remedies for pre-contractual statements
3) Pre-contractual statements under the Principles of European Contract Law
4) The actions for Misrepresentation
5) The actions for breach of a Collateral contract
6) The actions for the tort of Negligent misstatement
7) Conclusion on pre-contractual statements
8) Express terms
9) Incorporation
10) Construction
11) Implied terms
12) Terms implied by the courts
13) Terms implied by custom
14) Terms implied in fact
15) Terms implied by law
16) Terms from the House of Lords’ decision in “ Liverpool City Council v Irwin”.
17) Terms implied by statute
18) Implied terms under the Sale of Goods Act
Sources:
1) Richard Stone. The modern Law of Contract. – 6th edition. – London, 2005.
2) Collins H. The Law of contract. – 4th edition. – London, 2003.
Keywords: contents, representations, terms, conditions, warranties, pre-contractual statements, misrepresentation, collateral contract, negligent misstatement, express terms, implied terms.
Questions:
1) Is it any difference between terms in unilateral and bilateral contracts?
2) What is the meaning of essential (material) conditions (terms)?
3) What are the methods of interpretation of express terms of interpretation of express terms?
Documents to be analised:
1) Equal Pay Act 1970
2) Misrepresentation Act 1967
3) Principlesof European Contract Law 1998
4) Sale of Goods Act (SGA) 1893
5) Sale and Supply of Goods to Consumers Regulations 2002
6) Unfair Contract Terms Act 1977
7) Case Caparo v Dickman (1990)
8) Case City of Westminster Properties v Mudd (1934)
9) Case Dick Bentley Productions Ltd v Harold Smith (Motors) Ltd (1965)
10) Case Esso Petroleum Co Ltd v Mardon (1976)
11) Case Interfoto Picture Library v Stiletto Visual Programmes (1987)
12) Case Liverpool City Council v Irwin (1977)
13) Case The Moorcock (1889)
14) Case Oscar Chess Ltd v Williams (1957)
15) Case Parker v South Eastern Railway Co (1877)
16) Case Routledge v McKay (1954)
17) Case Scally v Southern Health and Social Services Board (1991)
18) Case Shell v Lostock Garage (1976)
19) Case Thornton v Shoe Lane Parking (1971)
Topics for essays:
1) The Moorcock test & the “officious bystander” test.
2) Conditions, warranties and innominate terms.
3) Terms’ classification in Civil Law of Ukraine.
Theme 5.Remedies (2 hrs)
1) Damages: purpose and measure
2) Expectation interest
3) Reliance interest
4) Restitution
5) Consequential losses. Supervening events
6) Non-pecuniary losses
7) Limitations on recovery. The rule of remoteness
8) Degree of risk
9) Mitigation
10) Contributory negligence
11) Liquidated damages and penalty clauses
12) Adequacy of damages
Sources:
1) Beale H. Remedies for breach of Contract. – London, 2001.
2) Bridge MG. Expectation damages and uncertain future losses. – Oxford, 1995.
3) Harris D., Campbell D., Halson R. Remedies in contract and Tort. – 2nd edition – London, 2002.
Keywords: remedies, restitution, tort, breach of contract, damages, contractual obligation,compensation, “maximising gain”, expectation interest, the difference in value, the cost of reinstatement.
Questions:
1) What does it mean “ restitutio in integrum”?
2) Which remedies are available for breach of contract?
3) How can the claimant mitigate the damages?
Documents to be analised:
1) Civil Procedure Act 1997
2) Civil Procedure Rules 1998
3) Courts and Legal Services Act 1990
4) Damages Act 1996
5) Defective Premises Act 1972
6) Law Reform (Contributory Negligence) Act 1945
7) Limitation Act 1980
8) Misrepresentation Act 1967
9) Sale of Goods Act 1979
10) Torts (Interference with Goods) Act 1977
11) Unfair Contract Term Act 1977
12) Case Attorney General v Blake (2000)
13) Case Bliss v South East Thames Regional Health Authority (1987)
14) Case Watts v Morrow (1991)
Topics for essays:
1) Distinctive features of remedies available in English and national legislation.
2) Limitation of actions in contracts
3) Damages in national legislation.
REVIEW SEMINAR QUESTIONS
1. Deeds and other formalities
2. General lack of formal requirement
3. The external signs of agreement
4. Offer
5. Distinction of an Offer from “Invitation to Treat”
6. Self-service displays
7. Shop window displays
8. Advertisements
9. Unilateral and bilateral contracts
10. Acceptance. Methods of acceptance
11. Acceptance by conduct
12. Acceptance by silence
13. Acceptance in bilateral contracts
14. Inertia selling
15. Acceptance by post
16. Acceptance in Internet transactions
17. Acceptance in unilateral contracts. Unilateral contracts and ‘agreement’
18. Position in ‘reward’ contracts
19. Acceptance in ignorance of an offer
20. Domestic agreements
21. Commercial agreements
22. Collective agreements
23. Is a requirement of intention necessary?
24. Reasons for limitations on capacity
25. Minors’ contracts
26. Contracts for necessaries
27. Beneficial contracts of service
28. Contracts related to work
29. Effects of entering into a contract with a minor
30. Void contracts
31. Voidable contracts
32. Enforceable contracts
33. Minors’ liability in tort
34. Mental disability
35. Intoxication
36. Distinction between representations and terms
37. Remedies for pre-contractual statements
38. Pre-contractual statements under the Principles of European Contract Law
39. The actions for Misrepresentation
40. The actions for breach of a Collateral contract
41. The actions for the tort of Negligent misstatement
42. Conclusion on pre-contractual statements
43. Express terms
44. Incorporation
45. Construction
46. Methods of interpretation of express terms
47. Conditions, warranties and innominate terms
48. Implied terms
49. Terms implied by the courts
50. Terms implied by custom
51. Terms implied in fact
52. Terms implied by law
53. Terms from the House of Lords’ decision in “ Liverpool City Council v Irwin”.
54. Terms implied by statute
55. Implied terms under the Sale of Goods Act
56. Damages: purpose and measure
57. Expectation interest
58. Reliance interest
59. Restitution
60. Consequential losses. Supervening events
61. Non-pecuniary losses
62. Limitations on recovery. The rule of remoteness
63. Degree of risk
64. Mitigation
65. Contributory negligence
66. Liquidated damages and penalty clauses
67. Adequacy of damages
List of recommended sources
1. Adams J. and Brownsword R. Contract, Consideration and the critical path. – London, 1990.
2. Beale H. Remedies for breach of Contract. – London, 2001.
3. Bridge MG. Expectation damages and uncertain future losses. – Oxford, 1995.
4. Donald Wilson Jackson, The United Kingdom Confronts the ECHR, University Press of Florida, 1997.
5. Campbell D. and Harris D. Flexibility in long term contractual relationships: the role of cooperation. – London, 2004.
6. Cheshire, Fifoot and Furmston's Law of Contract. –15th edition. – Oxford: Oxford University Press, 2006.
7. Chitty on Contracts. – 29th Edition. – London: Sweet & Maxwell, 2004.
8. Collins H. The Law of contract. – 4th edition. – London, 2003.
9. Eisenberg MA. Relational contracts. – Oxford, 1998.
10. Frances Quinn and Catherine Elliott. Contract Law. – Oxford, 2005.
11. Harris D., Campbell D., Halson R. Remedies in contract and Tort. – 2nd edition. – London, 2002.
12. Kemp and Kemp, Quantum of Damages. – London: Amazon.co.uk, 2007.
13. McNeil IR. Relational contract theory: challenges and queries. – Northwestern, 2000.
14. Treitel GH. The Law of Contract. – 11th. – London, 2003.
15. Phang A. Implied terms revisited. – London, 2002.
16. Poole Jill. Textbook on Contract Law. – 7th edition. – Bristol, 2005.
17. Richard Stone. The modern Law of Contract. – 6th edition. – London, 2005.
LIST OF STATUTES
1. Civil Procedure Rules 1998
2. Companies Act 1985
3. Consumer Credit Act 1974
4. Consumer Protection Act 1987
5. Damages Act 1996
6. Indian Contract Act 1872
7. Late Payment of Commercial Debts (Interest) Act 1998
8. Law of Property Act 1925
9. Law of Property (Miscellaneous Provisions) Act 1989
10. Practice Directions to theCivil Procedure Rules 1998
11. Principles of European Contract Law 1995
12. Sale of Goods Act 1979
13. Social Security (Recovery of Benefits) Act 1997
14. Torts (Interference with Goods) Act 1977
15. Unfair Contract Term Act 1977
LIST OF INTERNET SOURCES
1. The Law Society of England and Wales: http:// www.lawsociety.org.uk. The Law Society of England and Wales represents solicitors in England and Wales. From negotiating with and lobbying regulators, government and others, to offering training and advice, we're here to help, protect and promote solicitors.
2. The National Archives: http://www.legislation.gov.uk. The National Archives is a United Kingdom government department and an executive agency of the Ministry of Justice. They are a centre of expertise in every aspect of creating, storing, using and managing official information. As the official government archive for England, Wales and the United Kingdom, they hold over 1,000 years of the nation's records for everyone to discover and use. They preserve the UK public record, and make it accessible. Their expert advice and guidance help members of the public and researchers of all kinds to study the information held in our collection, and to explore the history of our nation and their own ancestors. At the same time, they champion wider access to information generated by the public sector, so that it can be shared and re-used by citizens, community groups and businesses.
Today the National Archives brings together the skills and specialisms needed in our digital world for managing and preserving government information past, present and future – and for making it accessible to its users.
3. The UK Statute Law Database: http://www.statutelaw.gov.uk/Home.aspx. The UK Statute Law Database (SLD) is the official revised edition of the primary legislation of the United Kingdom made available online. The new site brings together legislation from SLD with the 'as enacted' legislation currently published on the website to provide a single legislation service that will replace the current services. The SLD website will remain in place until all content and functionality is available on the new site. There are a few Acts that have not yet been migrated from SLD. These will be loaded onto the new site over the next month. Some functionality currently available on SLD is not yet available on legislation.gov.uk (full content search, 'Geographical Extent' and 'Point in Time' advanced search options, 'Confers Power' and 'Blanket Amendment' information).
4. The Judiciary of England and Wales: http://www.judiciary.gov.uk/. This section tells you how the judiciary is organised and governed, who speaks out for judges and what 'judicial independence' really means. You can also find out more about individual types of judge, including where they sit, the types of cases they hear, how they are appointed and what they wear in court. Lord Judge: “To be the judges and magistrates... we need to be intelligent, knowledgeable about the law, but more importantly perhaps, wise in the ways of the world, sensitive to others from different backgrounds to our own, fair and open-minded and balanced, independent in spirit, courageous to do what is right even when it will be unpopular: perhaps indeed most of all when it will be unpopular, whether with politicians, the executive, or the media.”
5. A weblog of Maxwell S. Kennerly: http://www.litigationandtrial.com. Maxwell S. Kennerly is a civil litigation and trial attorney at The Beasley Firm in Philadelphia, Pennsylvania. It is a website comprised of short entries displayed in chronological order and organized by subject matter. This site is a "legal" weblog. There are about 2,000 active "blawgs" in the United States, listed at places like Blawg.com, Justia.com, and the former 3L Epiphany. As a lawyer he typically represents plaintiffs in civil litigation and at trial, and that's the focus of this weblog. This weblog is geared towards lawyers, law students, and people interested in the law. Most of the posts talk about the details of litigating and trying cases. Non-lawyers may be interested in the posts discussing the law for non-lawyers, in the posts about productivity & office management, and the brain food.
6. Cornell University Law School / Legal Information Institute: http://www.law.cornell.edu. It is a not-for-profit group that believes everyone should be able to read and understand the laws that govern them, without cost. They carry out this vision by:
- Publishing law online, for free.
- Creating materials that help people understand law.
- Exploring new technologies that make it easier for people to find the law.
Legal Information Institute is a small research, engineering, and editorial group housed at the Cornell Law School in Ithaca, NY. Our collaborators include publishers, legal scholars, computer scientists, government agencies, and other groups and individuals that promote open access to law, worldwide.
7. Directgov: http://www.direct.gov.uk. Directgov is the UK government's digital service for people in England and Wales. It delivers information and practical advice about public services, bringing them all together in one place.
8. Court Funds Office, the Official Solicitor and Public Trustee: http://www.courtfunds.gov.uk. The Court Funds Office (CFO) was established in 1726 by an Act of Parliament and the creation of the post of Accountant General of the Court of Chancery (later to become CFO). We administer funds paid 'into court' as a result of civil proceedings in courts in England and Wales, including the High Court. This involves accepting monies in, known as lodgments; investing monies and making payments to claimants. The Official Solicitor is part of the judicial system of England and Wales (excluding Scotland and Northern Ireland), while the Public Trustee is a separate and independent statutory body, and both are appointed by the Lord Chancellor and administered as part of the Ministry of Justice.
9.The Ministry of Justice: http://www.justice.gov.uk. The Ministry of Justice is one of the largest government departments, with around 95,000 people (including probation services) and a budget of £9.2 billion. Its work spans criminal, civil and family justice, democracy, rights and the constitution. The Ministry of Justice works to protect the public and reduce reoffending, and to provide a more effective, transparent and responsive criminal justice system for victims and the public. It also provides fair and simple routes to civil and family justice. The Ministry of Justice has responsibility for different parts of the justice system – the courts, prisons, probation services and attendance centres. It works in partnership with the other government departments and agencies to reform the criminal justice system, to serve the public and support the victims of crime. It also is responsible for making new laws, strengthening democracy, modernising the constitution and safeguarding human rights.
GLOSSARY
Acceptance – agreement to the terms of an offer that, provided certain other requirements are fulfilled, converts the offer into a legally binding contract
Bargain – an agreement between parties fixing obligations that each promises to carry out
Bribe – something, such as money or a favour, offered or given to induce or influence a person to act dishonestly
Capacity – competence to enter into a legally binding agreement
Cohabitation – living together as husband and wife
Collateral contract – asubsidiary contract that provides a person to enter into a main contract
Commission – authority to exercise a power or direction to perform a duty
Consideration – an act or promise by one party to a contract that constitutes an agreement with other party; recompense
Deed – a written document that must make it clear on its face that it is intended to be a deed and validly executed as a deed
Duress – illegal coercion or confinement
Estoppel – a rule of evidence or a rule of law that prevents a person from denying the truth of a statement he has made or from denying facts that he has alleged to exist
Fraud – a person who cheats, who assumes a false pose; an impostor
Freedom of contract – 1. It is the individual’s choice whether or not to enter into a contract, and if so with whom - in other words, the freedom to contract, or “party freedom”. 2. It is the freedom to decide on the content of the contractual obligations undertaken, or “term freedom”. This allows parties to make unwise, and even unfair, bargains - it is their decision, and the courts will not generally intervene to protect them from their own foolishness.
Injunction – a court order that prohibits a party from doing something (restrictive injunction) or compels them to do something (mandatory injunction).
Joinder of documents – the connecting together of two or more documents so that, jointly, they fulfill statutory requirements when one of the documents alone would be insufficient.
Misrepresentation – an untrue statement of fact, made by one party to the other in the course of negotiating a contract that induces the other party to enter into the contract
Negligence – 1. Carelessness amounting to the culpable breach of a duty: failure to do something that a reasonable man would do or not do. 2. A tort consisting of the breach of a duty of care resulting in damage to the claimant
Offer – an indication of willingness to do or refrain from doing something that is capable of being converted by acceptance into a legally binding contract
Prima facie – (Latin) a legal presumption which means “on the face of it” or “at first sight”. Law-makers will often use this device to establish that if a certain set of facts are proven, then another fact is established prima facie. For example, proof of mailing a letter is prima facie proof that it was received by the person to whom it was addressed and will be accepted as such by a court unless proven otherwise. Other situations may require a prima facie case before proceeding to another step in the judicial process so that you would have to at least prove then that at first glance, there appears to be a case.
Remedy – any of the methods available at law for the enforcement, protection, or recovery of rights or for obtaining redress for their infringement
Restitution – the return of property to the owner or person entitled to possession
Tort – a wrongful act or omission for which damages can be obtained in a civil court by the person wronged, other than a wrong that is only a breach of contract
Trial – the hearing of a civil or criminal case before a court of competent jurisdiction. Trials must, with rare exceptions be held in public. At the trial all issues of law and fact arising in the case will be determined.
Trial at bar – trial on indictment before three or more judges of the Queen's Bench Division and a jury: formerly used for the trial of criminal cases of exceptional public importance. The last such trial was that of Sir Roger Casement for treason in 1916 and the procedure was abolished by the Courts Act 1971.
Trial on indictment – the trial of a person charged with an indictable offence, which is conducted by jury in the Crown Court. The indictment is read out to the accused at the start of the trial. There are a number of differences between trial on indictment and summary trial (i.e. by magistrates). The courts have power to impose greater penalties on indictment and there is no time limit before which indictable offences must be tried (most summary offences must be tried within six months).
Trier of fact – a member of a court who has the duty to decide questions of fact. In criminal trials on indictment and civil trials with a jury, the jury is the trier of fact; in civil trials by judge alone and in summary trials, the judge and magistrates, respectively, decide all issues both of law and fact.
Unilateral contracts – a contract in which one party (the promisor) undertakes to do or refrain from doing something if the other party (the pкomisee) does or refrains from doing something, but the promise does not undertake to do or refrain from doing that thing.
Voidable contracts – a contract that, though valid when made, is liable to be subsequently set aside
Wagering contracts – A sort of gaming contract -a contract involving the playing of a game of chance by any number of people for money or money's worth. A wagering contract is one involving two parties only, each of whom stands to win or lose something of value according to the result of some future event (e.g. a horse race) or to which of them is correct about some past or present fact: neither party can have any interest in the contract except his stake. In general, gaming and wagering contracts are by statute null and void and no action can be brought to recover any money paid or won under them.
Warranty – a term or promise in a contract, breach of which will entitle the innocent party to damages but not to treat the contract as discharged by breach
Annexes
Principles of European Contract Law
[Part 1, 1995]
Part I - Performance, Non-performance, Remedies.
Chapter 1 - General Provisions
Article 1.104 - Interpretation and Supplementation
17 (1) These Principles should be interpreted and developed in accordance with their purposes. In particular, regard should be had to the need to promote good faith and fair dealing, certainty in contractual relationships and uniformity of application.
18 (2) Issues within the scope of these Principles but not expressly settled by them are so far as possible to be settled in accordance with the ideas underlying the Principles. Failing this, the legal system applicable by virtue of the rules of private international law is to be applied.
Article 1.105 - Meaning of Terms
20 In these Principles, except where the context otherwise requires:
21 (1) "act" includes omission;
22 (2) "court" includes arbitral tribunal;
23 (3) an "intentional" act includes an act done recklessly;
24 (4) "non-performance" denotes any failure to perform an obligation under the contract, whether or not excused, and includes delayed performance, defective performance and failure to co-operate in order to give full effect to the contract.
Article 1.106 - Good Faith and Fair Dealing
26 (1) In exercising his rights and performing his duties each party must act in accordance with good faith and fair dealing.
27 (2) The parties may not exclude or limit this duty.
…
Article 1.108 - Reasonableness
31 Under these Principles reasonableness is to be judged by what persons acting in good faith and in the same situation as the parties would consider to be reasonable. In particular, in assessing what is reasonable in the nature and purpose of the contract, the circumstances of the case, and the usages and practices of the trades or professions involved should be taken into account..
Article 1.109 - Imputed Knowledge and Intention
33 (1) A part is to be treated as having known or foreseen a fact, or as being in a position where he should have known or foreseen it, if any person for whom he was responsible know or foresaw the fact, or should have known or foreseen it, unless that person was not involved in the making or performance of the contract.
34 (2) A party is to be treated as having acted intentionally or with gross negligence or not in accordance with good faith and fair dealing if a person to whom he entrusted performance or who performed with his assent so acted.
…
Chapter 2 - Terms and Performance of the Contract
Article 2.101 - Determination of Price or other Contractual Terms
42 Where the contract does not fix the price or the method of determining it, the parties are to be treated as having agreed on a reasonable price. The same rule applies to any other contractual term.
Civil Procedure Act 1997
[27th February 1997]
An Act to amend the law about civil procedure in England and Wales; and for connected purposes.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Rules and directions
Civil Procedure Rules.
(1)There are to be rules of court (to be called “Civil Procedure Rules”) governing the practice and procedure to be followed in—
(a)the civil division of the Court of Appeal,
(b)the High Court, and
(c)county courts.
(2)Schedule 1 (which makes further provision about the extent of the power to make Civil Procedure Rules) is to have effect.
(3)The power to make Civil Procedure Rules is to be exercised with a view to securing that the civil justice system is accessible, fair and efficient.
Rule Committee.
(1)Civil Procedure Rules are to be made by a committee known as the Civil Procedure Rule Committee, which is to consist of—
(a)the Master of the Rolls,
(b)the Vice-Chancellor, and
(c)the persons currently appointed by the Lord Chancellor under subsection (2).
(2)The Lord Chancellor must appoint—
(a)one judge of the Supreme Court,
(b)one Circuit judge,
(c)one district judge,
(d)one person who is a Master referred to in Part II of Schedule 2 to the Supreme Court Act 1981,
(e)three persons who have a Supreme Court qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990), including at least one with particular experience of practice in county courts,
(f)three persons who have been granted by an authorised body, under Part II of that Act, the right to conduct litigation in relation to all proceedings in the Supreme Court, including at least one with particular experience of practice in county courts,
(g)one person with experience in and knowledge of consumer affairs, and
(h)one person with experience in and knowledge of the lay advice sector.
(3)Before appointing a judge of the Supreme Court under subsection (2)(a), the Lord Chancellor must consult the Lord Chief Justice.
(4)Before appointing a person under paragraph (e) or (f) of subsection (2), the Lord Chancellor must consult any body which—
(a)has members who are eligible for appointment under that paragraph, and
(b)is an authorised body for the purposes of section 27 or 28 of the Courts and Legal Services Act 1990.
(5)The Lord Chancellor may reimburse the members of the Civil Procedure Rule Committee their travelling and out-of-pocket expenses.
(6)The Civil Procedure Rule Committee must, before making or amending Civil Procedure Rules—
(a)consult such persons as they consider appropriate, and
(b)meet (unless it is inexpedient to do so).
(7)The Civil Procedure Rule Committee must, when making Civil Procedure Rules, try to make rules which are both simple and simply expressed.
(8)Rules made by the Civil Procedure Rule Committee must be signed by at least eight members of the Committee and be submitted to the Lord Chancellor, who may allow or disallow them.
Section 2: supplementary.
(1)Rules made and allowed under section 2 are to—
(a)come into force on such day as the Lord Chancellor may direct, and
(b)be contained in a statutory instrument to which the Statutory Instruments Act 1946 is to apply as if it contained rules made by a Minister of the Crown.
(2)A statutory instrument containing Civil Procedure Rules shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Power to make consequential amendments.
(1)The Lord Chancellor may by order amend, repeal or revoke any enactment to the extent he considers necessary or desirable in consequence of—
(a)section 1 or 2, or
(b)Civil Procedure Rules.
(2)The Lord Chancellor may by order amend, repeal or revoke any enactment passed or made before the commencement of this section to the extent he considers necessary or desirable in order to facilitate the making of Civil Procedure Rules.
(3)Any power to make an order under this section is exercisable by statutory instrument.
(4)A statutory instrument containing an order under subsection (1) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(5)No order may be made under subsection (2) unless a draft of it has been laid before and approved by resolution of each House of Parliament.
Practice directions.
(1)Practice directions may provide for any matter which, by virtue of paragraph 3 of Schedule 1, may be provided for by Civil Procedure Rules.
(2)After section 74 of the County Courts Act 1984 there is inserted—
Practice directions
APractice directions.
(1)Directions as to the practice and procedure of county courts may be made by the Lord Chancellor.
(2)Directions as to the practice and procedure of county courts may not be made by any other person without the approval of the Lord Chancellor.
(3)The power of the Lord Chancellor to make directions under subsection (1) includes power—
(a)to vary or revoke directions made by him or any other person, and
(b)to make different provision for different cases or different areas, including different provision—
(i)for a specific court, or
(ii)for specific proceedings, or a specific jurisdiction, specified in the directions.
(4)References in this section to the Lord Chancellor include any person authorised by him to act on his behalf.”
Civil Justice Council
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