84.—(1) As soon as practicable after any application has been issued the court shall consider how to deal with it.
(2) The court may deal with an application or any part of an application at a hearing or without a hearing.
(3) In considering whether it is necessary to hold a hearing, the court shall, as appropriate, have regard to—
(a)the nature of the proceedings and the orders sought;
(b)whether the application is opposed by a person who appears to the court to have an interest in matters relating to P’s best interests;
(c)whether the application involves a substantial dispute of fact;
(d)the complexity of the facts and the law;
(e)any wider public interest in the proceedings;
(f)the circumstances of P and of any party, in particular as to whether their rights would be adequately protected if a hearing were not held;
(g)whether the parties agree that the court should dispose of the application without a hearing; and
(h)any other matter specified in the relevant practice direction.
(4) Where the court considers that a hearing is necessary, it will—
(a)give notice of the hearing date to the parties and to any other person it directs; and
(b)state whether the hearing is for disposing of the matter or for directions.
(5) Where the court decides that it can deal with the matter without a hearing it will do so and serve a copy of its order on the parties and on any other person it directs.
85.—(1) The court may—
(a)give directions in writing; or
(b)set a date for a directions hearing; and
(c)do anything else that may be set out in a practice direction.
(2) When giving directions, the court may do any of the following—
(a)require a report under section 49 of the Act and give directions as to any such report;
(b)give directions as to any requirements contained in these Rules or a practice direction for the giving of notification to any person or for that person to do anything in response to a notification;
(c)if the court considers that P should be a party to the proceedings, give directions joining him as a party;
(d)if P is joined as a party to proceedings, give directions as to the appointment of a litigation friend;
(e)if the court considers that any other person or persons should be a party to the proceedings, give directions joining them as a party;
(f)if the court considers that any party to the proceedings should not be a party, give directions for that person’s removal as a party;
(g)give directions for the management of the case and set a timetable for the steps to be taken between the giving of directions and the hearing;
(h)subject to rule 86, give directions as to the type of judge who is to hear the case;
(i)give directions as to whether the proceedings or any part of them are to be heard in public, or as to whether any particular person should be permitted to attend the hearing, or as to whether any publication of the proceedings is to be permitted;
(j)give directions as to the disclosure of documents, service of witness statements and any expert evidence;
(k)give directions as to the attendance of witnesses and as to whether, and the extent to which, cross-examination will be permitted at any hearing; and
(l)give such other directions as the court thinks fit.
(3) The court may give directions at any time—
(a)on its own initiative; or
(b)on the application of a party.
(4) Subject to paragraphs (5) and (6) and unless these Rules or a practice direction provide otherwise or the court directs otherwise, the time specified by a rule or by the court for a person to do any act may be varied by the written agreement of the parties.
(5) A party must apply to the court if he wishes to vary –
(a)the date the court has fixed for the final hearing; or
(b)the period within which the final hearing is to take place.
(6) The time specified by a rule or practice direction or by the court may not be varied by the parties if the variation would make it necessary to vary the date the court has fixed for any hearing or the period within which the final hearing is to take place.
86.—(1) The court will consider whether the application is of a type specified in the relevant practice direction as being one which must be dealt with by—
(a)the President;
(b)the Vice-President; or
(c)one of the other judges nominated by virtue of section 46(2)(a) to (c) of the Act.
(2) The practice direction made under this rule shall specify the categories of case which must be dealt with by a judge mentioned in paragraph (1).
(3) Applications in any matter other than those specified in the relevant practice direction may be dealt with by any judge.
87.—(1) A person who wishes to—
(a)dispute the court’s jurisdiction to hear an application; or
(b)argue that the court should not exercise its jurisdiction,
may apply to the court at any time for an order declaring that it has no such jurisdiction or should not exercise any jurisdiction that it may have.
(2) An application under this rule must be—
(a)made by using the form specified in the relevant practice direction; and
(b)supported by evidence.
(3) An order containing a declaration that the court has no jurisdiction or will not exercise its jurisdiction may also make further provision, including—
(a)setting aside the application;
(b)discharging any order made; and
(c)staying the proceedings.
88.—(1) The court may hear P on the question of whether or not an order should be made, whether or not he is a party to the proceedings.
(2) The court may proceed with a hearing in the absence of P if it considers that it would be appropriate to do so.
(3) A person other than P who is served with or notified of the application may only take part in a hearing if—
(a)he files an acknowledgment in accordance with the Rules and is made a party to the proceedings; or
(b)the court permits.
89.—(1) This rule applies where the court makes an order—
(a)without a hearing; or
(b)without notice to any person who is affected by it.
(2) Where this rule applies—
(a)P;
(b)any party to the proceedings; or
(c)any other person affected by the order,
may apply to the court for reconsideration of the order made.
(3) An application under paragraph (2) must be made—
(a)within 21 days of the order being served or such other period as the court may direct; and
(b)in accordance with Part 10.
(4) The court will—
(a)reconsider the order without directing a hearing; or
(b)fix a date for the matter to be heard, and notify all parties to the proceedings and such other persons as the court may direct, of that date.
(5) Where an application is made in accordance with this rule, the court may affirm, set aside or vary any order made.
(6) Reconsideration may be by any judge of the court—
(a)including the judge who made the decision in respect of which the reconsideration is sought; but
(b)may not be by a judge who is not a prescribed higher judge within the meaning of section 53(3) of the Act in relation to the first-mentioned judge.
(7) No application may be made seeking a reconsideration of a decision that has been made under paragraph (5).
(8) An appeal against a decision made under paragraph (5) may be made in accordance with Part 20 (appeals).
(9) Any order made without a hearing or without notice to any person, other than one made under paragraph (5), must contain a statement of the right to apply for a reconsideration of the decision in accordance with this rule.
(10) An application made under this rule may include a request that the court reconsider the matter at a hearing.