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The Civil Procedure (Amendment No. 2) Rules 2015

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Amendments to the Civil Procedure Rules 1998

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10.  After rule 54.11, insert—

Permission decision where court requires a hearing

54.11A.(1) This rule applies where the court wishes to hear submissions on—

(a)whether it is highly likely that the outcome for the claimant would not have been substantially different if the conduct complained of had not occurred; and if so

(b)whether there are reasons of exceptional public interest which make it nevertheless appropriate to give permission.

(2) The court may direct a hearing to determine whether to give permission.

(3) The claimant, defendant and any other person who has filed an acknowledgment of service must be given at least 2 days’ notice of the hearing date.

(4) The court may give directions requiring the proceedings to be heard by a Divisional Court.

(5) The court must give its reasons for giving or refusing permission.

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