1. A judge of the High Court may exercise in chambers all or any part of the jurisdiction vested in the High Court in all such causes and matters and in all such proceedings in any causes or matters as may be directed or authorised by these Rules or by or in pursuance of any statutory provision to be heard in chambers.
2. An application must be made in chambers where—
(a)these Rules or any statutory provision require the application to be made in chambers or by summons; or
(b)the Court directs that the application be made in chambers; or
(c)the application is interlocutory and is not required or authorised by these Rules to be made by motion, except an application for an injunction or an application made in court at the trial or hearing of a cause or matter.
3.—(1) Every application in chambers not made ex parte must be made by summons. A summons, other than an originating summons, shall be in Form No. 28 in Appendix A.
(2) Any application made ex parte may be directed to be made by summons.
[E.r. 1]
4.—(1) Issue of a summons by which an application in chambers is to be made takes place on its being sealed by an officer of the appropriate office.
(2) A summons may not be amended after issue without the leave of the Court.
(3) In this rule “the appropriate office” means—
(a)in relation to a summons in a cause or matter in The Chancery Division, other than a summons in proceedings to which Order 102 applies, the Chancery Office;
(b)in relation to a summons in proceedings to which Order 102 applies, The Bankruptcy and Companies Office;
(c)in relation to a summons in a cause or matter in the Family Division the Probate and Matrimonial Office or the Office of Care and Protection, as the case may be;
(d)in relation to a summons in any other cause or matter, the Central Office.
[E.r. 2]
5. A summons asking only for the extension or abridgment of any period of time may be served on the day before the day specified in the summons for the hearing thereof, but except as aforesaid and unless the Court otherwise orders or any of these Rules otherwise provides, a summons must be served on every other party not less than 2 clear days before the day so specified.
[E.r. 3]
6.—(1) The hearing of a summons may be adjourned from time to time, either generally or to a particular date, as may be appropriate.
(2) If the hearing is adjourned generally, the party by whom the summons was taken out may restore it to the list on 2 clear days' notice to all the other parties on whom the summons was served.
[E.r. 4]
7.—(1) Where any party to a summons fails to attend on the first or any resumed hearing thereof, the Court may proceed in his absence if, having regard to the nature of the application, it thinks it expedient so to do.
(2) Before proceeding in the absence of any party the Court may require to be satisfied that the summons or, as the case may be, notice of the time appointed for the resumed hearing was duly served on that party.
(3) Where the Court hearing a summons proceeded in the absence of a party, then, provided that any order made on the hearing has not been perfected, the Court, if satisfied that it is just to do so, may re-hear the summons.
(4) Where an application made by summons has been dismissed without a hearing by reason of the failure of the party who took out the summons to attend the hearing, the Court, if satisfied that it is just to do so, may allow the summons to be restored to the list.
[E.r. 5]
8. The Court may set aside an order made ex parte.
[E.r. 6]
9.—(1) A writ of subpoena ad testificandum or a writ of subpoena duces tecum to compel the attendance of a witness for the purpose of proceedings in chambers may be issued out of the appropriate office, if the party who desires the attendance of the witness produces a note from a judge or master authorising the issue of the writ.
(2) Any master may give such a note or may direct that the application for it be made to the judge before whom the proceedings are to be heard.
[E.r. 7]
10. An application to make an order of the House of Lords an order of the High Court may be made ex parte by affidavit to a master.
[E.r. 10]
11.—(1) A master shall have power to transact all such business and exercise all such jurisdiction as may be transacted and exercised by a judge in chambers, except in respect of the following matters and proceedings, that is to say—
(a)matters relating to criminal proceedings;
(b)matters relating to the liberty of the subject;
(c)applications to review any taxation of costs.
(d)applications under section 32 of the Act for leave to institute or continue legal proceedings;
(e)applications for approval of transactions under the inherent jurisdiction of the court;
(f)the granting of an injunction, except in the terms agreed by the parties to the proceedings in which the injunction is sought;
(g)application to sanction a compromise, arrangement or transaction on behalf of a person under disability;
(h)applications concerning charities;
(i)applications under section 40 of the Trustee Act (Northern Ireland) 1958(1) for the appointment of a trustee in substitution for an existing trustee without his consent;
(j)applications to authorise transactions relating to trust property under section 56 of the Trustee Act (Northern Ireland) 1958;
(k)applications to vary trusts under section 57 of the Trustee Act (Northern Ireland) 1958;
(l)applications by trustees to be relieved from personal liability under section 61 of the Trustee Act (Northern Ireland) 1958;
(m)applications under section 111(2) of the Mental Health Act (Northern Ireland) 1961(2) to bring proceedings against a person;
(n)any other matter or proceeding which by any of these Rules or under any general or special directions of the Lord Chief Justice or, in the case of the Master (Chancery) or the Master (Bankruptcy), the Chancery Judge, is required to be heard only by a judge.
(2) Where an originating summons raises for the determination of the Court a question as to the construction of a document or a question of law, nothing in paragraph (1) shall authorise a master to determine that question.
[E.rr. 11 & 14]
12.—(1) A master may refer to a judge any matter which he thinks should properly be decided by a judge, and the judge may either dispose of the matter or, after or without hearing the parties, refer it back to the master, with such directions as he thinks fit.
(2) A matter referred under this rule shall, in accordance with the directions of the judge, either be listed for hearing by the judge or restored to the master's list.
[E.r. 12]
13.—(1) The judge in chambers may direct that any summons, application or appeal shall be heard in court or shall be adjourned into court to be so heard if he considers that by reason of its importance or for any other reason it should be so heard.
(2) Any matter heard in court by virtue of a direction under paragraph (1) may be adjourned from court into chambers.
[E.r. 13]
14.—(1) For the purpose of any proceedings before him, a master may
(a)issue a summons requiring any party to the proceedings to attend before him,
(b)at the request of any such party, issue a summons requiring any person to attend him as a witness,
(c)require the production of documents, and
(d)examine any party or witness either orally or on interrogatories.
(2) A summons under paragraph (1)(b) must be served personally on the person against whom it is issued.
(3) If a person refuses or fails to obey a summons duly served on him under this rule the master may make an order requiring that person to attend before him.
[E.r. 15]
15. If the Court thinks it expedient in order to enable it better to determine any matter arising in proceedings in chambers, it may obtain the assistance of any person specially qualified to advise on that matter and may act upon his opinion.
[E.r. 16]
16. The hearing of any summons or other application in chambers may be adjourned from chambers into court and subsequently from court into chambers.
[E.r. 18]
17. The judge may by any judgment or order made in court in any proceedings direct that such matters (if any) in the proceedings as he may specify shall be disposed of in chambers.
[E.r. 19]
18. The original of any document which is to be used in evidence in proceedings in chambers must, if it is available, be brought in, and copies of any such document or of any part thereof shall not be made unless the Court directs that copies of that document or part be supplied for the use of the Court or be given to the other parties to the proceedings.
[E.r. 21]