Amendment of Part 2314
1
In the Table of Contents to the Part—
a
in the entry for rule 23.1, for “Meaning of “application notice” and “respondent”” substitute “Definitions”
;
b
in the entry for rule 23.8, for “dealt with” substitute “decided”
;
c
in the entry for rule 23.9, after “of” insert “order and”
; and
d
in the entry for rule 23.12, for “Dismissal of totally without merit applications” substitute “Applications that are totally without merit”
.
2
In rule 23.1—
a
in the heading, for “Meaning of “application notice” and “respondent”” substitute “Definitions”
;
b
in the definition of “application notice”—
i
for “his” substitute “their”
; and
ii
omit “and” at the end of the definition; and
c
after the definition of “application notice” insert—
“hearing” means the occasion on which any interim or final decision is or may be made by a judge, at which a person is, or has a right to be, heard in person, by telephone, by video or by any other means which permits simultaneous communication; and
3
In rule 23.2—
a
in paragraph (4)—
i
for “paragraph (4A)” substitute “paragraph (5)”
;
ii
for “it is likely” to “will be” substitute “the claim is most likely to be”
;
b
paragraph (4A) is renumbered as paragraph (5), and in paragraph (5) as so renumbered, for “provides” substitute “states”
; and
c
paragraph (5) is renumbered as paragraph (6), and in paragraph (6) as so renumbered, for “provides” substitute “states”
.
4
For rules 23.3 and 23.4 substitute—
Application notice to be filed23.3
An applicant must file an application notice unless—
a
a rule or practice direction states otherwise; or
b
the court dispenses with the requirement.
Notice of an application23.4
A copy of the application notice must be served on each respondent unless a rule, practice direction or court order permits otherwise.
5
In rule 23.5, for “so made” substitute “made in time”
.
6
In rule 23.6, in the words in parentheses at the end of the rule, for “his” substitute “the”
.
7
In rule 23.7—
a
for paragraph (1) substitute—
1
A copy of the application notice must be served—
a
as soon as practicable after it is filed; and
b
at least 3 days before the court is to deal with the application unless a different time limit is stated in a rule, practice direction or court order.
b
in paragraph (2)—
i
for “he files” substitute “they file”
; and
ii
for “written evidence in support” substitute “supporting written evidence”
;
c
in paragraph (3)—
i
in sub-paragraph (a), for “written evidence in support” substitute “supporting written evidence”
; and
ii
in sub-paragraph (b), for “his” substitute “the”
;
d
in paragraph (4), before “hear” insert “may”
; and
e
in paragraph (5), omit the words in parentheses at the end of the paragraph.
8
For rule 23.8 substitute—
Applications which may be decided without a hearing23.8
1
The court may deal with an application without a hearing if—
a
the parties agree the terms of the order sought;
b
the parties agree to dispense with a hearing; or
c
the court does not consider that a hearing would be appropriate.
2
If the parties agree to dispense with a hearing, a party may not without the court’s permission apply to have the order set aside, varied or stayed.
3
If the court decides the application without a hearing under paragraph (1)(c) and does so without giving the parties an opportunity to make representations—
a
a party affected by the court’s order may within such period as the court may specify apply to have the order set aside, varied or stayed;
b
if no period is specified, the application must be made within 7 days after the date the order was served on the party applying; and
c
the order must contain a statement of the right to make such an application.
4
An application under paragraph (3) shall be considered at an oral hearing unless the court decides and states in an order that the application is totally without merit.
5
If the court decides under paragraph (4) that the application is totally without merit, an application under paragraph (3) may be made for reconsideration without an oral hearing.
9
In rule 23.9—
a
in the heading, after “of” insert “order and”
; and
b
in paragraph (2), for “evidence in support” substitute “supporting evidence”
.
10
In rule 23.10, in paragraph (2), after “must” insert “, unless the court directs otherwise,”
.
11
In rule 23.11, in paragraph (1), for “his” substitute “their”
.
12
In rule 23.12, in the heading, for “Dismissal of totally without merit applications” substitute “Applications that are totally without merit”
.