The Civil Procedure Rules 1998

[F1 SECTION 4 E+W GENERAL PROVISIONS [F2 APPLICABLE TO SECTIONS 2 AND 3 OF THIS PART]

Textual Amendments

F1 Pt. 79 inserted (4.12.2008) by The Civil Procedure (Amendment No.2) Rules 2008 (S.I. 2008/3085), rule 1, Sch.

F2 Words in Pt. 79 Section 4 heading inserted (24.12.2010) by The Civil Procedure (Amendment No.4) Rules 2010 (S.I. 2010/3038), rules 1(2), 3(j)

Scope of this Section E+W

79.15.   This Section applies to all proceedings specified [F3 in Sections 2 and 3 of this Part].

Textual Amendments

F3 Words in rule 79.15 substituted (24.12.2010) by The Civil Procedure (Amendment No.4) Rules 2010 (S.I. 2010/3038), rules 1(2), 3(k)

[F4 Where to make an application E+W

79.15A.   An application under Section 2 and an appeal under Section 3 of this Part must be started and heard in the Administrative Court.]

Textual Amendments

F4 Rule 79.15A inserted (24.12.2010) by The Civil Procedure (Amendment No.4) Rules 2010 (S.I. 2010/3038), rules 1(2), 3(l)

Notification of hearing E+W

79.16.   Unless the court orders otherwise, the court will serve any notice of the date, time and place fixed for a hearing on—

(a) every party, whether or not a party is entitled to attend that hearing; and

(b) if one has been appointed for the purposes of the proceedings, the special advocate or those instructing the special advocate.

Hearings E+W

79.17.— (1) All proceedings to which [F5 Section 2 or 3 of] this Part applies must be determined at a hearing except where—

(a) the claimant withdraws the claim or application;

(b) [F6 the appropriate Minister] [F7 consents] to the claim or application being allowed;

(c) the appellant withdraws the appeal against a decision of [F8 [F6 the appropriate Minister] or] the High Court;

(d) the respondent to the appeal consents to the appeal being allowed; or

(e) the parties agree to a determination without a hearing.

(2) Where the court considers it necessary for a party other than [F6 the appropriate Minister] and that party’s legal representative to be excluded from a hearing or part of a hearing in order to secure that information is not disclosed contrary to the public interest, the court will—

(a) direct accordingly; and

(b) conduct the hearing, or that part of it from which the party and that party’s legal representative are excluded, in private but attended by a special advocate to represent the interests of the excluded party.

Textual Amendments

F5 Words in rule 79.17(1) inserted (1.10.2009) by The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rules 1(2), 18(d)

F6 Words in rule 79.17 substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(12)(a)

F7 Word in rule 79.17(1)(b) substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(12)(b)

F8 Words in rule 79.17(1)(c) inserted (24.12.2010) by The Civil Procedure (Amendment No.4) Rules 2010 (S.I. 2010/3038), rules 1(2), 3(m)

Appointment of a special advocate E+W

79.18.— (1) Subject to paragraph (2), [F9 the appropriate Minister] must immediately give notice of the proceedings to the Attorney General—

(a) upon being served with any claim form, application notice or appeal notice; or

(b) where [F9 the appropriate Minister] [F10 intends] to file an appeal notice,

in proceedings to which [F11 Section 2 or 3 of] this Part applies.

(2) Paragraph (1) applies unless—

(a) [F9 the appropriate Minister] [F12 does] not intend to—

(i) oppose the claim, application or appeal; or

(ii) apply for permission to withhold closed material from a party and that party’s legal representative; or

(b) a special advocate has already been appointed to represent the interests of a party other than [F9 the appropriate Minister] and that special advocate is not prevented from communicating with that party by virtue of rule 79.20.

(3) Where any proceedings to which [F13 Section 2 or 3 of] this Part applies are pending but no special advocate has been appointed, any party may request the Attorney General to appoint a special advocate.

Textual Amendments

F9 Words in rule 79.18 substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(13)(a)

F10 Word in rule 79.18(1)(b) substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(13)(b)

F11 Words in rule 79.18(1) inserted (1.10.2009) by The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rules 1(2), 18(e)(i)

F12 Word in rule 79.18(2)(a) substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(13)(c)

F13 Words in rule 79.18(3) inserted (1.10.2009) by The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rules 1(2), 18(e)(ii)

Function of a special advocate E+W

79.19.   The function of a special advocate is to represent the interests of a party other than [F14 the appropriate Minister] by, for example—

(a) making submissions to the court at any hearing from which the party and that party’s legal representative are excluded;

(b) adducing evidence and cross-examining witnesses at such a hearing;

(c) making applications to the court or seeking directions from the court where necessary; and

(d) making written submissions to the court.

Textual Amendments

F14 Words in rule 79.19 substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(14)

Special advocate: communicating about proceedings E+W

79.20.— (1) The special advocate may communicate with the specially represented party or that party’s legal representative at any time before [F15 the appropriate Minister] [F16 serves] closed material on the special advocate.

(2) After [F15 the appropriate Minister] [F17 serves] closed material on the special advocate, the special advocate must not communicate with any person about any matter connected with the proceedings, except in accordance with paragraph (3) or a direction of the court pursuant to a request under paragraph (4).

(3) The special advocate may, without directions from the court, communicate about the proceedings with—

(a) the court;

(b) [F15 the appropriate Minister] and any persons acting for [F18 the appropriate Minister];

(c) the Attorney General and any persons acting for the Attorney General; and

(d) any other person, except for—

(i) the specially represented party and that party’s legal representative; and

(ii) any other party to the proceedings (other than [F15 the appropriate Minister] ) and that party’s legal representative,

with whom it is necessary for administrative purposes for the special advocate to communicate about matters not connected with the substance of the proceedings.

(4) The special advocate may request directions from the court authorising the special advocate to communicate with the specially represented party or that party’s legal representative or with any other person.

(5) Where the special advocate makes a request for directions under paragraph (4)—

(a) the court will notify [F15 the appropriate Minister] of the request; and

(b) [F15 the appropriate Minister] must, within a period specified by the court, file and serve on the special advocate notice of any objection which [F19 the appropriate Minister has] to the proposed communication, or to the form in which it is proposed to be made.

(6) Paragraph (2) does not prohibit the specially represented party from communicating with the special advocate after [F15 the appropriate Minister] [F20 has] served closed material on the special advocate as mentioned in paragraph (1), but—

(a) that party may only communicate with the special advocate through a legal representative in writing; and

(b) the special advocate must not reply to the communication other than in accordance with directions given by the court, except that the special advocate may without such directions send a written acknowledgment of receipt to the specially represented party’s legal representative.

Textual Amendments

F15 Words in rule 79.20 substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(15)(a)

F16 Word in rule 79.20(1) substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(15)(b)

F17 Word in rule 79.20(2) substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(15)(b)

F18 Words in rule 79.20(3)(b) substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(15)(c)

F19 Words in rule 79.20(5)(b) substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(15)(d)

F20 Word in rule 79.20(6) substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(15)(e)

Consideration of [F21 the appropriate Minister’s] objection E+W

79.21.— (1) Where [F22 the appropriate Minister] [F23 objects] under rule 79.20(5)(b) to a proposed communication by the special advocate [F24 or to the form in which it is proposed to be made] the court will fix a hearing for [F22 the appropriate Minister] and the special advocate to make oral representations, unless—

(a) the special advocate gives notice to the court that the special advocate does not challenge the objection;

(b) the court —

(i) has previously considered an objection under rule 79.20(5)(b) to the same or substantially the same communication; and

(ii) is satisfied that it would be just to uphold or dismiss that objection without a hearing; or

(c) [F22 the appropriate Minister] and the special advocate consent to the court deciding the issue without a hearing.

(2) If the special advocate does not challenge the objection, the special advocate must give notice of that fact to the court and to [F22 the appropriate Minister] —

(a) within 14 days after [F22 the appropriate Minister] [F25 serves] on the special advocate a notice under rule 79.20(5)(b); or

(b) within such other period as the court may direct.

(3) Where the court fixes a hearing under paragraph (1)—

(a) the special advocate may file with the court and serve on [F22 the appropriate Minister] a reply to [F26 the appropriate Minister’s] objection;

(b) [F22 the appropriate Minister] may file with the court and serve on the special advocate a response to the special advocate’s reply; and

(c) [F22 the appropriate Minister] and the special advocate must file with the court at least 7 days before the hearing a schedule identifying the issues which cannot be agreed between them and which must—

(i) give brief reasons for their contentions on each issue in dispute; and

(ii) set out any proposals for the court to resolve the issues in dispute.

(4) A hearing under this rule must take place in the absence of the specially represented party and that party’s legal representative.

Textual Amendments

F21 Words in rule 79.21 heading substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(16)(a)

F22 Words in rule 79.21 substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(16)(b)

F23 Word in rule 79.21(1) substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(16)(c)

F24 Words in rule 79.21(1) inserted (17.4.2015) by The Civil Procedure (Amendment No. 3) Rules 2015 (S.I. 2015/877), rules 2, 6

F25 Word in rule 79.21(2)(a) substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(16)(d)

F26 Words in rule 79.21(3)(a) substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(16)(e)

Modification of the general rules of evidence and disclosure E+W

79.22.— (1) Part 31 (disclosure and inspection of documents), Part 32 (evidence) and Part 33 (miscellaneous rules about evidence) do not apply to any proceedings to which [F27 Section 2 or 3 of] this Part applies.

(2) Subject to the other rules in [F28 Section 2, 3 and this Section of] this Part and to any directions of the court, the evidence of a witness may be given either—

(a) orally before the court; or

(b) in a witness statement.

(3) The court may also receive evidence in documentary or any other form.

(4) A party is entitled to adduce evidence and to cross-examine witnesses during any part of a hearing from which a party and that party’s legal representative are not excluded.

[F29 (4A) A special advocate is entitled to adduce evidence and to cross-examine witnesses.]

(5) The court may require a witness to give evidence on oath or by affirmation.

Textual Amendments

F27 Words in rule 79.22(1) inserted (1.10.2009) by The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rules 1(2), 18(f)(i)

F28 Words in rule 79.22(2) inserted (1.10.2009) by The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rules 1(2), 18(f)(ii)

F29 Rule 79.22(4A) inserted (1.10.2009) by The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rules 1(2), 18(f)(iii)

Search for, filing of and service of material E+W

79.23.— (1) A party (the disclosing party) must—

(a) make a reasonable search for material relevant to the matters under consideration in the proceedings to which [F30 Section 2 or 3 of] this Part applies; and

(b) file and serve on the other party and any special advocate material other than closed material—

(i) on which the disclosing party relies;

(ii) which adversely affects the disclosing party’s case; [F31 or]

F32 (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iv) which supports the other party’s case.

F33 (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The factors relevant in deciding the reasonableness of a search under paragraph (1)(a) include—

(a) the amount of material involved;

(b) the nature and complexity of the proceedings;

(c) whether the material is in the control of the party making the search;

(d) the ease and expense of retrieval of any material; and

(e) the significance of any material which is likely to be located during the search.

(3) The duty to search for, file and serve material under paragraph (1) continues until the proceedings to which [F34 Section 2 or 3 of] this Part applies have been determined.

(4) Where material, other than closed material, to which the duty under paragraph (1) extends comes to a party’s attention before the proceedings to which [F35 Section 2 or 3 of] this Part applies have been determined, that party must immediately—

(a) file it with the court;

(b) serve it on the other party; and

(c) serve it on any special advocate.

Textual Amendments

F30 Words in rule 79.23(1)(a) inserted (1.10.2009) by The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rules 1(2), 18(g)(i)

F31 Word in rule 79.23(1)(b)(ii) inserted (1.10.2011) by The Civil Procedure (Amendment No.2) Rules 2011 (S.I. 2011/1979), rules 1(3), 5(b)(i)

F32 Rule 79.23(1)(b)(iii) omitted (1.10.2011) by virtue of The Civil Procedure (Amendment No.2) Rules 2011 (S.I. 2011/1979), rules 1(3), 5(b)(ii)

F33 Rule 79.23(1A) omitted (1.10.2011) by virtue of The Civil Procedure (Amendment No.2) Rules 2011 (S.I. 2011/1979), rules 1(3), 5(c)

F34 Words in rule 79.23(3) inserted (1.10.2009) by The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rules 1(2), 18(g)(ii)

F35 Words in rule 79.23(4) inserted (1.10.2009) by The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rules 1(2), 18(g)(iii)

Redacted material E+W

79.24.   Where [F36 the appropriate Minister] [F37 serves] on another party any evidence (including a witness statement) or material which has been redacted on grounds other than those of legal professional privilege, [F36 the appropriate Minister] must—

(a) notify the party that the evidence or material has been redacted and on what grounds it has been redacted;

(b) file the evidence or material with the court in an unredacted form together with an explanation of the redaction.

Textual Amendments

F36 Words in rule 79.24 substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(17)(a)

F37 Word in rule 79.24 substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(17)(b)

Application to withhold closed material E+W

79.25.— (1) [F38 The appropriate Minister]—

(a) must apply to the court for permission to withhold closed material from another party and that party’s legal representative in accordance with this rule; and

(b) may not rely on closed material at a hearing unless a special advocate has been appointed and attends the hearing to represent the interests of that party.

(2) [F38 The appropriate Minister] must file with the court and serve, at such time as the court directs, on the special advocate—

(a) the closed material;

(b) a statement of the reasons for withholding that material from the specially represented party; and

(c) if [F38 the appropriate Minister] [F39 considers] it possible to summarise that material without disclosing information contrary to the public interest, a summary of that material in a form which can be served on the specially represented party or that party’s legal representative.

(3) Where [F38 the appropriate Minister] [F40 serves] on the special advocate any closed material which has been redacted on grounds other than those of legal professional privilege—

(a) [F38 the appropriate Minister] must file with the court the material in an unredacted form together with an explanation of the redactions; and

(b) the court will give a direction to [F38 the appropriate Minister] as to what may be redacted and what, if any, must be served on the special advocate in an [F41 unredacted] form.

(4) [F38 The appropriate Minister] may at any time amend or supplement material filed under this rule, but only with—

(a) the agreement of the special advocate; or

(b) the permission of the court.

Textual Amendments

F38 Words in rule 79.25 substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(18)(a)

F39 Word in rule 79.25(2)(c) substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(18)(b)

F40 Word in rule 79.25(3) substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(18)(c)

F41 Word in rule 79.25(3)(b) substituted (24.12.2010) by The Civil Procedure (Amendment No.4) Rules 2010 (S.I. 2010/3038), rules 1(2), 3(o)

Consideration of [F42 the appropriate Minister’s] application E+W

79.26.— (1) Where [F43 the appropriate Minister] [F44 applies] in accordance with rule 79.25 for permission to withhold closed material the court will fix a hearing for [F43 the appropriate Minister] and the special advocate to make oral representations, unless—

(a) the special advocate gives notice to the court that the special advocate does not challenge the application;

(b) the court—

(i) has previously considered an application for permission to withhold the same or substantially the same material; and

(ii) is satisfied that it would be just to give permission without a hearing; or

(c) [F43 the appropriate Minister] and the special advocate consent to the court deciding the issue without a hearing.

(2) If the special advocate does not challenge the application, the special advocate must give notice of that fact to the court and to [F43 the appropriate Minister]—

(a) within 14 days after [F43 the appropriate Minister] [F45 serves] on the special advocate the material under rule 79.25(2); or

(b) within such other period as the court may direct.

(3) Where the court fixes a hearing under paragraph (1)—

(a) the special advocate may file with the court and serve on [F43 the appropriate Minister] a reply to [F46 the appropriate Minister’s] application;

(b) [F43 the appropriate Minister] may file with the court and serve on the special advocate a response to the special advocate’s reply; and

(c) [F43 the appropriate Minister] and the special advocate must file with the court at least 7 days before the hearing a schedule identifying the issues which cannot be agreed between them and which must—

(i) give brief reasons for their contentions on each issue in dispute; and

(ii) set out any proposals for the court to resolve the issues in dispute.

(4) A hearing under this rule must take place in the absence of the specially represented party and that party’s legal representative.

(5) The court will give permission to [F43 the appropriate Minister] to withhold closed material where it considers that disclosure of that material would be contrary to the public interest.

(6) Where the court gives permission to [F43 the appropriate Minister] to withhold closed material, the court will—

(a) consider whether to direct [F43 the appropriate Minister] to serve a summary of that material on the specially represented party or that party’s legal representative; but

(b) ensure that such a summary does not contain material, the disclosure of which would be contrary to the public interest.

(7) Where the court does not give permission to [F43 the appropriate Minister] to withhold closed material from, or directs [F43 the appropriate Minister] to serve a summary of that material on, the specially represented party or that party’s legal representative—

(a) [F43 the appropriate Minister] [F47 is] not required to serve that material or summary; but

(b) if [F48 the appropriate Minister does] not do so, at a hearing on notice, the court may—

(i) where it considers that the material or anything that is required to be summarised might adversely affect [F49 the appropriate Minister’s] case or supports the case of the specially represented party, direct that [F43 the appropriate Minister] must not rely on such material in [F50 the appropriate Minister’s] case, or must make such concessions or take such other steps, as the court may specify; or

(ii) in any other case, direct that [F43 the appropriate Minister] [F51 does] not rely on the material or (as the case may be) on that which is required to be summarised.

Textual Amendments

F42 Words in rule 79.26 heading substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(19)(a)

F43 Words in rule 79.26 substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(19)(b)

F44 Word in rule 79.26(1) substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(19)(c)

F45 Word in rule 79.26(2)(a) substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(19)(d)

F46 Words in rule 79.26(3)(a) substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(19)(e)

F47 Word in rule 79.26(7)(a) substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(19)(f)(i)

F48 Words in rule 79.26(7)(b) substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(19)(f)(ii)(aa)

F49 Words in rule 79.26(7)(b) substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(19)(f)(ii)(bb)

F50 Words in rule 79.26(7)(b) substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(19)(f)(ii)(cc)

F51 Word in rule 79.26(7)(b) substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(19)(f)(ii)(dd)

Failure to comply with directions E+W

79.27.— (1) Where a party or special advocate fails to comply with a direction of the court, the court may serve on that party or the special advocate a notice which states—

(a) the respect in which that party or special advocate has failed to comply with the direction;

(b) a time limit for complying with the direction; and

(c) that the court may proceed to determine the proceedings before it, on the material available to it, if the party or special advocate fails to comply with the relevant direction within the time specified.

(2) Where a party or special advocate fails to comply with such a notice, the court may proceed in accordance with paragraph (1)(c).

Judgments E+W

79.28.— (1) When the court gives judgment in any proceedings to which [F52 Section 2 or 3 of] this Part applies, it may withhold all or some of its reasons if and to the extent that it is not possible to give reasons without disclosing information contrary to the public interest.

(2) Where the judgment of the court does not include the full reasons for its decision, the court will serve on [F53 the appropriate Minister] and the special advocate a separate written judgment including those reasons.

(3) Where the court serves a separate written judgment under paragraph (2), the special advocate may apply to the court to amend that judgment and the judgment under paragraph (1) on the grounds that the separate written judgment under paragraph (2) contains material not in the judgment under paragraph (1) the disclosure of which would not be contrary to the public interest.

(4) The special advocate must serve a copy of the application under paragraph (3) on [F53 the appropriate Minister].

(5) The court will give the special advocate and [F53 the appropriate Minister] an opportunity to file written submissions and may determine the application with or without a hearing.

Textual Amendments

F52 Words in rule 79.28(1) inserted (1.10.2009) by The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rules 1(2), 18(h)

F53 Words in rule 79.28 substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(20)

Application by [F54 appropriate Minister] for reconsideration of order, direction or judgment E+W

79.29.— (1) This rule applies where the court proposes, in any proceedings to which [F55 Section 2 or 3 of] this Part applies, to serve on a party other than [F56 the appropriate Minister] —

(a) notice of any order or direction made or given in the absence of [F56 the appropriate Minister]; or

(b) any written judgment.

(2) Before the court serves any such notice or judgment on a party other than [F56 the appropriate Minister], it will first serve notice on [F56 the appropriate Minister] of its intention to do so.

(3) [F56 the appropriate Minister] may, within 5 days of being served with notice under paragraph (2), apply to the court to reconsider the terms of the order or direction or to review the terms of the proposed judgment if [F57 the appropriate Minister considers]—

(a) [F58 the appropriate Minister’s] compliance with the order or direction; or

(b) the notification to another party of any matter contained in the judgment, order or direction,

would cause information to be disclosed contrary to the public interest.

(4) Where [F56 the appropriate Minister] [F59 makes] an application under paragraph (3), [F60 the appropriate Minister] must at the same time serve on a special advocate, if one has been appointed—

(a) a copy of the application;

(b) a copy of the relevant document referred to in paragraph (1)(a) or (b); and

(c) a copy of the notice served on [F56 the appropriate Minister] pursuant to paragraph (2).

(5) If a special advocate has been appointed, rule 79.26 (except for paragraphs (6) and (7)) will apply with any necessary modifications to the consideration of an application under paragraph (3) of this rule.

(6) The court will not serve notice on a party other than [F56 the appropriate Minister] as mentioned in paragraph (1) before the time for [F56 the appropriate Minister] to make an application under paragraph (3) has expired.

Textual Amendments

F54 Words in rule 79.29 heading substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(21)(a)

F55 Words in rule 79.29(1) inserted (1.10.2009) by The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rules 1(2), 18(i)

F56 Words in rule 79.29 substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(21)(b)

F57 Words in rule 79.29(3) substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(21)(c)(i)

F58 Words in rule 79.29(3) substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(21)(c)(ii)

F59 Word in rule 79.29(4) substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(21)(d)(i)

F60 Words in rule 79.29(4) substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(21)(d)(ii)

Supply of court documents E+W

79.30.   Unless the court directs otherwise, rule 5.4 (Register of Claims), rule 5.4B (Supply of documents from court records – a party) and rule 5.4C (Supply of documents from court records – a non-party) do not apply to any proceedings to which [F61 Section 2 or 3 of] this Part applies or to any document relating to such proceedings.]

Textual Amendments

F61 Words in rule 79.30 inserted (1.10.2009) by The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rules 1(2), 18(j)