PART 10APPLICATIONS WITHIN PROCEEDINGS
Types of applications for which the Part 10 procedure may be used10
1
The Part 10 procedure is the procedure set out in this Part.
2
The Part 10 procedure may be used if the application is made by any person—
a
in the course of existing proceedings; or
b
as provided for in a rule or practice direction.
3
The court may grant an interim remedy before an application form has been issued only if—
a
the matter is urgent; or
b
it is otherwise necessary to do so in the interests of justice.
4
An application made during the course of existing proceedings includes an application made during appeal proceedings.
5
Where the application seeks solely to withdraw an existing application—
a
the applicant must file a written request for permission setting out succinctly the reasons for the request;
b
the request must be in an application notice;
c
the court may permit an application to be made orally at a hearing or in such alternative written form as it thinks fit.
6
Where the court deals with a written request under paragraph (5) without a hearing, rule 13.4 applies to any order so made.
(Rule 13.2 requires the court's permission to withdraw proceedings.)