The Civil Procedure Rules 1998

[F1 Application to withhold closed material E+W

79.25.— (1) [F2 The appropriate Minister]—

(a) must apply to the court for permission to withhold closed material from another party and that party’s legal representative in accordance with this rule; and

(b) may not rely on closed material at a hearing unless a special advocate has been appointed and attends the hearing to represent the interests of that party.

(2) [F2 The appropriate Minister] must file with the court and serve, at such time as the court directs, on the special advocate—

(a) the closed material;

(b) a statement of the reasons for withholding that material from the specially represented party; and

(c) if [F2 the appropriate Minister] [F3 considers] it possible to summarise that material without disclosing information contrary to the public interest, a summary of that material in a form which can be served on the specially represented party or that party’s legal representative.

(3) Where [F2 the appropriate Minister] [F4 serves] on the special advocate any closed material which has been redacted on grounds other than those of legal professional privilege—

(a) [F2 the appropriate Minister] must file with the court the material in an unredacted form together with an explanation of the redactions; and

(b) the court will give a direction to [F2 the appropriate Minister] as to what may be redacted and what, if any, must be served on the special advocate in an [F5 unredacted] form.

(4) [F2 The appropriate Minister] may at any time amend or supplement material filed under this rule, but only with—

(a) the agreement of the special advocate; or

(b) the permission of the court.]

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 79.25 substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(18)(a)

F3 Word in rule 79.25(2)(c) substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(18)(b)

F4 Word in rule 79.25(3) substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(18)(c)

F5 Word in rule 79.25(3)(b) substituted (24.12.2010) by The Civil Procedure (Amendment No.4) Rules 2010 (S.I. 2010/3038), rules 1(2), 3(o)