The Civil Procedure Rules 1998

[F1 Special advocate: communicating about proceedings E+W

79.20.— (1) The special advocate may communicate with the specially represented party or that party’s legal representative at any time before [F2 the appropriate Minister] [F3 serves] closed material on the special advocate.

(2) After [F2 the appropriate Minister] [F4 serves] closed material on the special advocate, the special advocate must not communicate with any person about any matter connected with the proceedings, except in accordance with paragraph (3) or a direction of the court pursuant to a request under paragraph (4).

(3) The special advocate may, without directions from the court, communicate about the proceedings with—

(a) the court;

(b) [F2 the appropriate Minister] and any persons acting for [F5 the appropriate Minister];

(c) the Attorney General and any persons acting for the Attorney General; and

(d) any other person, except for—

(i) the specially represented party and that party’s legal representative; and

(ii) any other party to the proceedings (other than [F2 the appropriate Minister] ) and that party’s legal representative,

with whom it is necessary for administrative purposes for the special advocate to communicate about matters not connected with the substance of the proceedings.

(4) The special advocate may request directions from the court authorising the special advocate to communicate with the specially represented party or that party’s legal representative or with any other person.

(5) Where the special advocate makes a request for directions under paragraph (4)—

(a) the court will notify [F2 the appropriate Minister] of the request; and

(b) [F2 the appropriate Minister] must, within a period specified by the court, file and serve on the special advocate notice of any objection which [F6 the appropriate Minister has] to the proposed communication, or to the form in which it is proposed to be made.

(6) Paragraph (2) does not prohibit the specially represented party from communicating with the special advocate after [F2 the appropriate Minister] [F7 has] served closed material on the special advocate as mentioned in paragraph (1), but—

(a) that party may only communicate with the special advocate through a legal representative in writing; and

(b) the special advocate must not reply to the communication other than in accordance with directions given by the court, except that the special advocate may without such directions send a written acknowledgment of receipt to the specially represented party’s legal representative.]

Textual Amendments

F1 Pt. 79 inserted (4.12.2008) by The Civil Procedure (Amendment No.2) Rules 2008 (S.I. 2008/3085), rule 1, Sch.

F2 Words in rule 79.20 substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(15)(a)

F3 Word in rule 79.20(1) substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(15)(b)

F4 Word in rule 79.20(2) substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(15)(b)

F5 Words in rule 79.20(3)(b) substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(15)(c)

F6 Words in rule 79.20(5)(b) substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(15)(d)

F7 Word in rule 79.20(6) substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(15)(e)