The Civil Procedure Rules 1998 No. 3132 (L. 17)

[F1 PART 79 E+W F2 ... PROCEEDINGS UNDER THE COUNTER-TERRORISM ACT 2008 [F3 AND PART 1 OF THE TERRORIST ASSET-FREEZING ETC. ACT 2010]

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 heading omitted (1.10.2009) by virtue of The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rules 1(2), 17

F3 Words in Pt. 79 heading inserted (17.12.2010) by Terrorist Asset-Freezing etc. Act 2010 (c. 38), s. 55(1), Sch. 1 para. 5(a)

SECTION 2 E+W [F4 APPLICATION TO SET ASIDE FINANCIAL RESTRICTIONS DECISIONS UNDER THE 2008 ACT OR THE 2010 ACT]

Textual Amendments

F4 Pt. 79 Section 2 heading substituted (24.12.2010) by The Civil Procedure (Amendment No.4) Rules 2010 (S.I. 2010/3038), rules 1(2), 3(e)

Scope of this Section E+W

79.3.   This Section applies to an application to set aside a financial restrictions decision [F5 under section 63(2) of the 2008 Act or section 27(2) of the 2010 Act].

Textual Amendments

F5 Words in rule 79.3 inserted (24.12.2010) by The Civil Procedure (Amendment No.4) Rules 2010 (S.I. 2010/3038), rules 1(2), 3(f)

F6 ... E+W

F6 79.4.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 Rule 79.4 and heading omitted (24.12.2010) by virtue of The Civil Procedure (Amendment No.4) Rules 2010 (S.I. 2010/3038), rules 1(2), 3(g)

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

79.5.— (1) An application to set aside a financial restrictions decision 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 an application under this Section—

(a) rule 8.1(3);

(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).

Application to set aside E+W

79.6.— (1) An application to set aside a financial restrictions decision must be started by a claim form.

(2) The claim form must set out—

(a) the details of the financial restrictions decision;

(b) details of how the claimant is affected by the financial restrictions decision; and

(c) the grounds on which the claimant seeks to set aside the decision.

(3) The claimant must file with the claim form—

(a) a copy of—

(i) the written notice of the relevant financial restrictions decision made by the Treasury; or

(ii) where relevant, any direction, order or licence made under Schedule 7 to the [F7 2008] Act or any freezing order made under Part 2 of the Anti-terrorism, Crime and Security Act 2001; and

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

Textual Amendments

F7 Word in rule 79.6(3)(a)(ii) inserted (17.12.2010) by Terrorist Asset-Freezing etc. Act 2010 (c. 38), s. 55(1), Sch. 1 para. 5(g)

Fixing of directions hearing date E+W

79.7.— (1) When the court issues the claim form it will 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.

Service of the claim form and accompanying documents E+W

79.8.   The court will—

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

(i) the claim form; and

(ii) the documents specified in rule 79.6(3); and

(b) send to all parties and 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

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

Directions hearing E+W

79.10.   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 Treasury under rule 79.11(1), (2) and (4);

(ii) any application to be made under rule 79.11(5);

(iii) any information to be filed and served by the Treasury pursuant to an order under rule 79.11(7);

(iv) any evidence to be filed and served by the claimant under rule 79.12(1);

(v) any evidence to be filed and served by the Treasury under rule 79.12(2);

(vi) any application by the Treasury under rule 79.11(3), 79.11(8) or 79.12(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 Treasury E+W

79.11.— (1) Where the Treasury intend to oppose the application to set aside the financial restrictions decision, they must file with the court —

(a) the grounds for contesting the application; and

(b) any relevant evidence of which they are aware at that stage.

(2) Unless the Treasury object to the grounds and evidence in paragraph (1) being disclosed to the claimant and the claimant’s legal representative, the Treasury must serve a copy of the grounds and evidence on the claimant at the same time as filing the grounds.

(3) Where the Treasury object to the grounds and evidence in paragraph (1) being disclosed to the claimant and the claimant’s legal representative, the Treasury must make an application in accordance with rule 79.25.

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

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

(6) The 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 application to set aside the financial restrictions decision.

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

(a) necessary for the determination of the application to set aside the financial restrictions decision; and

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

(8) Where the Treasury object to serving on the claimant and the claimant’s legal representative the information sought under paragraph (5), the Treasury must make an application in accordance with rule 79.25.

Filing and service of evidence E+W

79.12.— (1) Where the claimant wishes to rely on evidence in support of the application to set aside the financial restrictions decision 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 claimant wishes to rely on further evidence,

the claimant must file and serve that evidence, including any witness statement, on the Treasury and any special advocate.

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

(3) Where the Treasury seek to withhold disclosure of any closed material from the claimant and the claimant’s legal representative, the Treasury must make an application in accordance with rule 79.25.

(4) The Treasury must serve any closed material upon 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.

Modification of Part 52 (appeals) E+W

79.13.   Part 52 (appeals) applies to an appeal to the Court of Appeal against an order of the High Court in financial restrictions proceedings, subject to—

(a) rule 79.2; and

(b) Section 4 of this Part.

Service of appellant’s notice on special advocate E+W

79.14.   The appellant must serve a copy of the appellant’s notice on any special advocate.]