The Civil Procedure Rules 1998

PART 23 E+W GENERAL RULES ABOUT APPLICATIONS FOR COURT ORDERS

Contents of this Part

[F1 Definitions]	Rule 23.1
Where to make an application	Rule 23.2
Application notice to be filed	Rule 23.3
Notice of an application	Rule 23.4
Time when an application is made	Rule 23.5
What an application notice must include	Rule 23.6
Service of a copy of an application notice	Rule 23.7
Applications which may be [F2 decided] without a hearing	Rule 23.8
Service of [F3 order and] application where application made without notice	Rule 23.9
Application to set aside or vary order made without notice	Rule 23.10
Power of the court to proceed in the absence of a party	Rule 23.11
[F4 Applications that are totally without merit]	Rule 23.12

Textual Amendments

F1 Word in Pt. 23 Table of Contents substituted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 14(1)(a)

F2 Word in Pt. 23 Table of Contents substituted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 14(1)(b)

F3 Words in Pt. 23 Table of Contents inserted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 14(1)(c)

F4 Words in Pt. 23 Table of Contents substituted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules, 1(1) 14(1)(d

[F5 Definitions] E+W

23.1  In this Part—

“application notice” means a document in which the applicant states [F6 their] intention to seek a court order; F7 ...

[F8 “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]

“respondent” means—

(a)

the person against whom the order is sought; and

(b)

such other person as the court may direct.

Textual Amendments

F5 Word in rule 23.1 heading substituted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 14(2)(a)

F6 Word in rule 23.1 substituted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 14(2)(b)(i)

F7 Word in rule 23.1 omitted (1.10.2023 immediately after S.I. 2023/572 comes into force) by virtue of The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 14(2)(b)(ii)

F8 Words in rule 23.1 inserted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 14(2)(c)

Commencement Information

I1 Rule 23.1 in force at 26.4.1999, see Signature

Where to make an application E+W

23.2—(1) The general rule is that an application must be made to the court [F9 or County Court hearing centre] where the claim was started.

[F10 (2) If a claim has been transferred to another court, or transferred or sent to another County Court hearing centre since it was started, an application must be made to the court or the County Court hearing centre to which the claim has been transferred or sent, unless there is good reason to make the application to a different court.]

(3) If the parties have been notified of a fixed date for the trial, an application must be made to the court where the trial is to take place.

(4) [F11 Subject to [F12 paragraph (5)], if] an application is made before a claim has been started, it must be made to the court where [F13 the claim is most likely to be] started unless there is good reason to make the application to a different court.

[F14 [F15 (5)]  An application made in the County Court before a claim has been started may be made at any County Court hearing centre, unless any enactment, rule or practice direction [F16 states] otherwise.]

[F17 (6)]  If an application is made after proceedings to enforce judgment have begun, it must be made to [F18 the court or County Court hearing centre] which is dealing with the enforcement of the judgment unless any [F19 enactment,] rule or practice direction [F20 states] otherwise.

Textual Amendments

F9 Words in rule 23.2(1) inserted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 13(a); S.I. 2014/954, art. 2(a)

F10 Rule 23.2(2) substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 13(b); S.I. 2014/954, art. 2(a)

F11 Words in rule 23.2(4) substituted (19.3.2012) by The Civil Procedure (Amendment No.4) Rules 2011 (S.I. 2011/3103), rules 1, 8(a)(i)

F12 Words in rule 23.2(4) substituted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 14(3)(a)(i)

F13 Words in rule 23.2(4) substituted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 14(3)(a)(ii)

F14 Rule 23.2(4A) substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 13(c); S.I. 2014/954, art. 2(a)

F15 Rule 23.2(4A) renumbered as rule 23.2(5) (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 14(3)(b)

F16 Word in rule 23.2(5) substituted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 14(3)(b)

F17 Rrule 23.2(5) renumbered as rule 23.2(6) (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 14(3)(c)

F18 Words in rule 23.2(5) substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 13(d)(i); S.I. 2014/954, art. 2(a)

F19 Word in rule 23.2(5) inserted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 13(d)(ii); S.I. 2014/954, art. 2(a)

F20 Word in rule 23.2(6) substituted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 14(3)(c)

Commencement Information

I2 Rule 23.2 in force at 26.4.1999, see Signature

[F21 Application notice to be filed E+W

23.3   An applicant must file an application notice unless—

(a) a rule or practice direction states otherwise; or

(b) the court dispenses with the requirement.]

Textual Amendments

F21 Rule 23.3 substituted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 14(4)

[F22 Notice of an application E+W

23.4   A copy of the application notice must be served on each respondent unless a rule, practice direction or court order permits otherwise.]

Textual Amendments

F22 Rule 23.4 substituted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 14(4)

Time when an application is made E+W

23.5  Where an application must be made within a specified time, it is [F23 made in time] if the application notice is received by the court within that time.

Textual Amendments

F23 Words in rule 23.5 substituted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 14(5)

Commencement Information

I3 Rule 23.5 in force at 26.4.1999, see Signature

What an application notice must include E+W

23.6  An application notice must state—

(a) what order the applicant is seeking; and

(b) briefly, why the applicant is seeking the order.

(Part 22 requires an application notice to be verified by a statement of truth if the applicant wishes to rely on matters set out in [F24 the] application notice as evidence)

Textual Amendments

F24 Word in rule 23.6 substituted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 14(6)

Commencement Information

I4 Rule 23.6 in force at 26.4.1999, see Signature

Service of a copy of an application notice E+W

23.7— [F25 (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.]

(2) If a copy of the application notice is to be served by the court, the applicant must, when [F26 they file] the application notice, file a copy of any [F27 supporting written evidence].

(3) When a copy of an application notice is served it must be accompanied by—

(a) a copy of any [F28 supporting written evidence]; and

(b) a copy of any draft order which the applicant has attached to [F29 the] application.

(4) If—

(a) an application notice is served; but

(b) the period of notice is shorter than the period required by these Rules or a practice direction,

the court may direct that, in the circumstances of the case, sufficient notice has been given and [F30 may] hear the application.

(5) This rule does not require written evidence—

(a) to be filed if it has already been filed; or

(b) to be served on a party on whom it has already been served.

F31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F25 Rule 23.7(1) substituted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 14(7)(a)

F26 Words in rule 23.7(2) substituted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 14(7)(b)(i)

F27 Words in rule 23.7(2) substituted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 14(7)(b)(ii)

F28 Words in rule 23.7(3)(a) substituted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 14(7)(c)(i)

F29 Word in rule 23.7(3)(b) substituted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 14(7)(c)(ii)

F30 Word in rule 23.7(4) inserted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 14(7)(d)

F31 Words in rule 23.7(5) omitted (1.10.2023 immediately after S.I. 2023/572 comes into force) by virtue of The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 14(7)(e)

Commencement Information

I5 Rule 23.7 in force at 26.4.1999, see Signature

[F32 Applications which may be dealt with without a hearing E+W

23.8— (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.]

Textual Amendments

F32 Rule 23.8 substituted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 14(8)

Service of [F33 order and] application where application made without notice E+W

23.9—(1) This rule applies where the court has disposed of an application which it permitted to be made without service of a copy of the application notice.

(2) Where the court makes an order, whether granting or dismissing the application, a copy of the application notice and any [F34 supporting evidence] must, unless the court orders otherwise, be served with the order on any party or other person—

(a) against whom the order was made; and

(b) against whom the order was sought.

(3) The order must contain a statement of the right to make an application to set aside^(GL) or vary the order under rule 23.10.

Textual Amendments

F33 Words in rule 23.9 heading inserted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 14(9)(a)

F34 Words in rule 23.9(2) substituted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 14(9)(b)

Commencement Information

I6 Rule 23.9 in force at 26.4.1999, see Signature

Application to set aside or vary order made without notice E+W

23.10— [F35 (1) A person who was not served with a copy of the application notice before an order was made under rule 23.9 may apply to have the order set aside ^(gl) or varied.]

(2) An application under this rule must [F36 , unless the court directs otherwise,] be made within 7 days after the date on which the order was served on the person making the application.

Textual Amendments

F35 Rule 23.10(1) substituted (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rules 1(b), 11

F36 Words in rule 23.10(2) inserted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 14(10)

Commencement Information

I7 Rule 23.10 in force at 26.4.1999, see Signature

Power of the court to proceed in the absence of a party E+W

23.11—(1) Where the applicant or any respondent fails to attend the hearing of an application, the court may proceed in [F37 their] absence.

(2) Where—

(a) the applicant or any respondent fails to attend the hearing of an application; and

(b) the court makes an order at the hearing,

the court may, on application or of its own initiative, re-list the application.

(Part 40 deals with service of orders)

Textual Amendments

F37 Word in rule 23.11(1) substituted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 14(11)

Commencement Information

I8 Rule 23.11 in force at 26.4.1999, see Signature

[F38 [F39 Applications that are totally without merit] E+W

23.12.   If the court dismisses an application [F40 (including an application for permission to appeal or for permission to apply for judicial review)] and it considers that the application is totally without merit—

(a) the court’s order must record that fact; and

(b) the court must at the same time consider whether it is appropriate to make a civil restraint order.]

Textual Amendments

F38 Rule 23.12 inserted (1.10.2004) by The Civil Procedure (Amendment No.2) Rules 2004 (S.I. 2004/2072), rules 1(b), 9

F39 Rule 23.12 heading substituted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 14(12)

F40 Words in rule 23.12 inserted (1.10.2005) by The Civil Procedure (Amendment No.3) Rules 2005 (S.I. 2005/2292), rules 1(c), 26