The Civil Procedure Rules 1998

[F1 Consideration of [F2 the appropriate Minister’s] objection E+W

79.21.— (1) Where [F3 the appropriate Minister] [F4 objects] under rule 79.20(5)(b) to a proposed communication by the special advocate [F5 or to the form in which it is proposed to be made] the court will fix a hearing for [F3 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) [F3 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 [F3 the appropriate Minister] —

(a) within 14 days after [F3 the appropriate Minister] [F6 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 [F3 the appropriate Minister] a reply to [F7 the appropriate Minister’s] objection;

(b) [F3 the appropriate Minister] may file with the court and serve on the special advocate a response to the special advocate’s reply; and

(c) [F3 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

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 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)

F3 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)

F4 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)

F5 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

F6 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)

F7 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)