The Civil Procedure Rules 1998

[F1 SECTION II E+W Permission applications, reviews and references to the High Court relating to temporary exclusion orders

Textual Amendments

F1 Pt. 88 inserted (27.2.2015) by The Civil Procedure (Amendment) Rules 2015 (S.I. 2015/406), rule 1, Sch.

Scope of this Section E+W

88.3.   This Section contains rules about—

(a) applications under section 3(1)(b) of the Act (application for permission to impose a TEO);

(b) references under paragraph 3(1) of Schedule 2 to the Act (reference of the imposition of measures imposed without permission); and

(c) applications to the High Court under section 11 of the Act (applications to the court to review decisions of the Secretary of State relating to a TEO).

Application for permission to impose a TEO E+W

88.4.   An application under section 3(1)(b) of the Act for permission to impose a TEO must be made by the Secretary of State filing with the court—

(a) a statement of reasons to support the application;

(b) any relevant material of which the Secretary of State is aware at that stage; and

(c) any written submissions.

Reference of TEO imposed without permission E+W

88.5.   A reference under paragraph 3(1) of Schedule 2 to the Act of the imposition of a TEO imposed without permission must be made by the Secretary of State filing with the court—

(a) a statement of reasons for imposing the TEO;

(b) any relevant material of which the Secretary of State is aware at that stage; and

(c) any written submissions.

Application for review under section 11 of the Act E+W

88.6.   Rules 88.7 to 88.14 apply to a review under section 11 of the Act.

Applications (general) and modification of Part 8 E+W

88.7.— (1) An application to the court to review a decision under section 11 of the Act (“a review application”) must be made pursuant to Part 8, as modified by this Part, and subject to paragraph (2).

(2) The following rules do not apply to a review application—

(a) rule 8.1(3) (court may order claim to continue as if claimant had not used Part 8 procedure);

(b) rule 8.2A (issue of claim form without naming defendants);

(c) rule 8.4 (consequence of not filing an acknowledgment of service);

(d) rule 8.5 (filing and serving written evidence);

(e) rule 8.6 (evidence – general); and

(f) rule 8.8 (defendant objects to use of Part 8).

Review application E+W

88.8.— (1) A review application must be started by a claim form.

(2) The claim form must set out—

(a) the details of the decision which it is sought to review;

(b) details of how the TEO subject is affected by the TEO; and

(c) the grounds on which the TEO subject seeks to review the decision.

(3) The TEO subject must file with the claim form—

(a) a copy of—

(i) the written notice under section 4 of the Act of the imposition of the TEO; or

(ii) where relevant, any notice under section 9 of the Act imposing any or all of the permitted conditions; and

(b) any evidence, including witness statements, on which the TEO subject relies at that stage.

Fixing of directions hearing date E+W

88.9.— (1) When the court issues the claim form it [F2 must] fix a date for a directions hearing.

(2) Unless the court directs otherwise, the directions hearing will be not less than 14 days but not more than 28 days after the date of issue of the claim form.

Textual Amendments

F2 Word in rule 88.9(1) substituted (17.4.2015) by The Civil Procedure (Amendment No. 3) Rules 2015 (S.I. 2015/877), rules 2, 9(b)

Service of the claim form and accompanying documents E+W

88.10.   The court must—

(a) serve on the Secretary of State and any special advocate (if one has been appointed)—

(i) the claim form; and

(ii) the documents specified in rule 88.8(3); and

(b) send to all parties and to any special advocate a notice of the directions hearing date (where such date is not endorsed on the claim form).

Acknowledgment of service E+W

88.11.   Where a special advocate has been appointed, the Secretary of State must serve on that special advocate a copy of the acknowledgment of service filed under rule 8.3.

Directions hearing E+W

88.12.   At the directions hearing the court may give case management directions, in particular—

(a) for the holding of a further hearing to determine the application;

(b) fixing a date, time and place for the further hearing at which the parties, their legal representatives (if any) and any special advocate can be present; and

(c) as to the order in which, and the time within which, the following are to be filed and served—

(i) any response to the application to be filed and served by the Secretary of State under rule 88.13(1), (2) and (4);

(ii) any application to be made under rule 88.13(5);

(iii) any information to be filed and served by the Secretary of State pursuant to an order under rule 88.13(7);

(iv) any evidence to be filed and served by the TEO subject under rule 88.14(1);

(v) any evidence to be filed and served by the Secretary of State under rule 88.14(2);

(vi) any application by the Secretary of State under rule 88.13(3), 88.13(8) or 88.14(3); and

(vii) any further evidence, including witness statements, written submissions or skeleton arguments, to be filed and served by the parties and any special advocate.

Response by the Secretary of State E+W

88.13.— (1) Where the Secretary of State intends to oppose the exercise of any of the court’s powers under section 11(3) or (5) of the Act, the Secretary of State must file with the court—

(a) the grounds for opposing the exercise of those powers; and

(b) any relevant evidence of which the Secretary of State is aware at that stage.

(2) Unless the Secretary of State objects to the grounds and evidence referred to in paragraph (1) being disclosed to the TEO subject and the TEO subject’s legal representative, the Secretary of State must serve a copy of the grounds and evidence on the TEO subject at the same time as filing them.

(3) Where the Secretary of State objects to the grounds and evidence referred to in paragraph (1) being disclosed to the TEO subject and the TEO subject’s legal representative, the Secretary of State must make an application in accordance with rule 88.27.

(4) Where a special advocate has been appointed, the Secretary of State must serve on the special advocate a copy of the grounds and evidence filed under paragraph (1).

(5) The TEO subject and any special advocate may apply to the court for an order directing the Secretary of State to file and serve further information about the Secretary of State’s grounds filed under paragraph (1)(a).

(6) An application under paragraph (5) must set out—

(a) what information is sought; and

(b) why the information sought is necessary for the determination of the review application.

(7) The court may make an order on an application under paragraph (5) where it considers that the information sought—

(a) is necessary for the determination of the review application; and

(b) may be provided without disproportionate cost, time or effort.

(8) Where the Secretary of State objects to serving on the TEO subject and the TEO subject’s legal representative the information sought under paragraph (5), the Secretary of State must make an application in accordance with rule 88.27.

Filing and service of evidence E+W

88.14.— (1) Where the TEO subject wishes to rely on evidence in support of the review application and—

(a) such evidence was not filed with the court with the claim form; or

(b) such evidence was filed with the court with the claim form but the TEO subject wishes to rely on further evidence,

the TEO subject must file and serve that evidence, including any witness statement, on the Secretary of State and any special advocate.

(2) Where the TEO subject serves evidence in support of the application, the Secretary of State must file and serve, subject to paragraph (3), any further evidence, including any witness statement, on the TEO subject and any special advocate.

(3) Where the Secretary of State wishes to withhold disclosure of any closed material from the TEO subject and the TEO subject’s legal representative, the Secretary of State must make an application in accordance with rule 88.27.

(4) The Secretary of State must serve any closed material on the special advocate.

(5) The parties and, where relevant, any special advocate must file and serve any further evidence, including witness statements, written submissions or skeleton arguments, as directed by the court.]