The Civil Procedure Rules 1998

[F1 Special advocate: communicating about proceedings E+W

80.21.— (1) The special advocate may communicate with the relevant party or the relevant party’s legal representative at any time before the Secretary of State serves closed material on the special advocate.

(2) After the Secretary of State 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 (6)(b) or with 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) the Secretary of State or any person acting for the Secretary of State;

(c) the Attorney General or any person acting for the Attorney General; or

(d) any other person, except the relevant party or the relevant 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 him or her to communicate with the relevant party or the relevant 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 must notify the Secretary of State of the request; and

(b) the Secretary of State must, within a period specified by the court, file with the court and serve on the special advocate notice of any objection which the Secretary of State has to the proposed communication, or to the form in which it is proposed to be made.

(6) Paragraph (2) does not prohibit the relevant party from communicating with the special advocate after the Secretary of State has served closed material on the special advocate, but—

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

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

Textual Amendments

F1 Pt. 80 inserted (15.12.2011) by The Civil Procedure (Amendment No. 3) Rules 2011 (S.I. 2011/2970), rule 1, Sch.