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The Civil Procedure Rules 1998, PART 23 is up to date with all changes known to be in force on or before 16 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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[F1Definitions] | 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 [F2decided] without a hearing | Rule 23.8 |
Service of [F3order 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 |
[F4Applications that are totally without merit] | Rule 23.12 |
Textual Amendments
F1Word 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)
F2Word 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)
F3Words 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)
F4Words 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
23.1 In this Part—
“application notice” means a document in which the applicant states [F6their] 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—
the person against whom the order is sought; and
such other person as the court may direct.
Textual Amendments
F5Word 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)
F6Word 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)
F7Word 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)
F8Words 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
I1Rule 23.1 in force at 26.4.1999, see Signature
23.2—(1) The general rule is that an application must be made to the court [F9or 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) [F11Subject to [F12paragraph (5)], if] an application is made before a claim has been started, it must be made to the court where [F13the 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 [F16states] otherwise.]
[F17(6)] If an application is made after proceedings to enforce judgment have begun, it must be made to [F18the court or County Court hearing centre] which is dealing with the enforcement of the judgment unless any [F19enactment,] rule or practice direction [F20states] otherwise.
Textual Amendments
F9Words 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)
F10Rule 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)
F11Words 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)
F12Words 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)
F13Words 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)
F14Rule 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)
F15Rule 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)
F16Word 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)
F17Rrule 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)
F18Words 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)
F19Word 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)
F20Word 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
I2Rule 23.2 in force at 26.4.1999, see Signature
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
F21Rule 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)
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
F22Rule 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)
23.5 Where an application must be made within a specified time, it is [F23made in time] if the application notice is received by the court within that time.
Textual Amendments
F23Words 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
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 [F24the] application notice as evidence)
Textual Amendments
F24Word 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
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 [F26they file] the application notice, file a copy of any [F27supporting written evidence].
(3) When a copy of an application notice is served it must be accompanied by—
(a)a copy of any [F28supporting written evidence]; and
(b)a copy of any draft order which the applicant has attached to [F29the] 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 [F30may] 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
F25Rule 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)
F26Words 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)
F27Words 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)
F28Words 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)
F29Word 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)
F30Word 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)
F31Words 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
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
F32Rule 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)
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 [F34supporting 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
F33Words 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)
F34Words 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
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
F35Rule 23.10(1) substituted (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rules 1(b), 11
F36Words 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
I7Rule 23.10 in force at 26.4.1999, see Signature
23.11—(1) Where the applicant or any respondent fails to attend the hearing of an application, the court may proceed in [F37their] 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
F37Word 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
I8Rule 23.11 in force at 26.4.1999, see Signature
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
F38Rule 23.12 inserted (1.10.2004) by The Civil Procedure (Amendment No.2) Rules 2004 (S.I. 2004/2072), rules 1(b), 9
F39Rule 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)
F40Words 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
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