30. Alternative Procedure for claims — Rule 30 Procedure
(1) This Rule does not apply to a claim filed in the Small Claims Division to which Part 37 applies or to a claim filed in the Employment Division to which Part 38 applies.
(2) A claimant may use a simplified procedure ("the Rule 30 procedure") in accordance with the relevant practice direction where he seeks the Court's decision on a question which is unlikely to involve a substantial dispute of fact.
(3) The Court may at any stage order the claim to continue as if the claimant had not used this procedure and, if it does so, the Court may give any directions it considers appropriate.
(4) Paragraph (1) does not apply if a practice direction provides that the Rule 30 procedure may not be used in relation to the type of claim in question.
(5) Where the claimant uses the Rule 30 procedure, he may not obtain default judgment under Rule 39 without the Court's permission.
(6) A practice direction may require or permit the use of the Rule 30 procedure in relation to a specified type of proceedings, and may disapply or modify any of the rules or practice directions as they apply to those proceedings.
(7) A practice direction may set out the circumstances in which a claim form may be issued under the Rule 30 procedure without naming a defendant.
|Amended on February 15, 2021|