The Family Procedure (Adoption) Rules 2005

PART 3 GENERAL CASE MANAGEMENT POWERS

The court’s general powers of management

12.—(1) The list of powers in this rule is in addition to any powers given to the court by any other rule or practice direction or by any other enactment or any powers it may otherwise have.

(2) Except where these Rules provide otherwise, the court may—

(a) extend or shorten the time for compliance with any rule, practice direction or court direction (even if an application for extension is made after the time for compliance has expired);

(b) adjourn or bring forward a hearing;

(c) require a party or a party’s legal representative to attend the court;

(d) hold a hearing and receive evidence by telephone or by using any other method of direct oral communication;

(e) direct that part of any proceedings be dealt with as separate proceedings;

(f) stay the whole or part of any proceedings or judgment either generally or until a specified date or event;

(g) consolidate proceedings;

(h) hear two or more applications on the same occasion;

(i) direct a separate hearing of any issue;

(j) decide the order in which issues are to be heard;

(k) exclude an issue from consideration;

(l) dismiss or give judgment on an application after a decision on a preliminary issue;

(m) direct any party to file and serve an estimate of costs; and

(n) take any other step or give any other direction for the purpose of managing the case and furthering the overriding objective.

(3) The court may not extend the period within which a section 89 order must be made.

(4) Paragraph (2)(f) does not apply to proceedings in a magistrates' court.

Exercise of powers of court’s own initiative

13.—(1) Except where an enactment provides otherwise, the court may exercise the powers in rule 12 on an application or of its own initiative.

• (Part 9 sets out the procedure for making an application.)

(2) Where the court proposes to exercise its powers of its own initiative—

(a) it may give any person likely to be affected an opportunity to make representations; and

(b) where it does so it must specify the time by and the manner in which the representations must be made.

(3) Where the court proposes to hold a hearing to decide whether to exercise its powers of its own initiative it must give each party likely to be affected at least 3 days' notice of the hearing.

(4) The court may exercise its powers of its own initiative, without hearing the parties or giving them an opportunity to make representations.

(5) Where the court has exercised its powers under paragraph (4)—

(a) a party affected by the direction may apply to have it set aside or varied; and

(b) the direction must contain a statement of the right to make such an application.

(6) An application under paragraph (5)(a) must be made—

(a) within such period as may be specified by the court; or

(b) if the court does not specify a period, within 7 days beginning with the date on which the order was served on the party making the application.

(7) If the High Court or a county court of its own initiative dismisses an application (including an application for permission to appeal) and it considers that the application is totally without merit—

(a) the court’s order must record that fact; and

(b) the court must at the same time consider whether it is appropriate to make a civil restraint order.

Court officer’s power to refer to the court

14.  Where these Rules require a step to be taken by a court officer—

(a) the court officer may consult the court before taking that step;

(b) the step may be taken by the court instead of the court officer.

General power of the court to rectify matters where there has been an error of procedure

15.  Where there has been an error of procedure such as a failure to comply with a rule or practice direction—

(a) the error does not invalidate any step taken in the proceedings unless the court so orders; and

(b) the court may make an order to remedy the error.

Power of the court to make civil restraint orders

16.  The relevant practice direction sets out—

(a) the circumstances in which the High Court or a county court has the power to make a civil restraint order against a party to proceedings;

(b) the procedure where a party applies for a civil restraint order against another party; and

(c) the consequences of the court making a civil restraint order.