The Civil Procedure Rules 1998

[F1 SECTION 2 E+W Permission Applications, References and Appeals to the High Court Relating to TPIM Notices

Textual Amendments

F1 Pt. 80 inserted (15.12.2011) by The Civil Procedure (Amendment No. 3) Rules 2011 (S.I. 2011/2970), rule 1, Sch.

Scope of this section E+W

80.3.   This section contains rules about—

(a) applications under section 6(1)(b) of the Act (application for permission to impose measures);

(b) references under paragraph 3(1) of Schedule 2 to the Act (reference of the imposition of measures imposed without permission); and

(c) appeals to the High Court under section 16 of the Act (appeals relating to a TPIM notice).

Application for permission to impose measures E+W

80.4.   An application under section 6(1)(b) of the Act for permission to impose measures must be made by the Secretary of State filing with the court—

(a) a statement of reasons to support the application;

(b) any relevant material of which the Secretary of State is aware at that stage;

(c) any written submissions; and

(d) the proposed TPIM notice.

Reference of measures imposed without permission E+W

80.5.   A reference under paragraph 3(1) of Schedule 2 to the Act of the imposition of measures imposed without permission is made by the Secretary of State filing with the court—

(a) a statement of reasons for imposing measures and for imposing the measures specified in the TPIM notice;

(b) any relevant material of which the Secretary of State is aware at that stage;

(c) any written submissions; and

(d) the TPIM notice.

Directions for hearing on an application for permission or on a reference E+W

80.6.— (1) If the court gives permission on an application under section 6(1)(b) of the Act or confirms a TPIM notice on a reference under paragraph 3(1) of Schedule 2 to the Act, the court must give directions for a directions hearing at which the TPIM subject, the TPIM subject’s legal representative, the special advocate (if one has been appointed) and the Secretary of State’s legal representative may be present.

(2) In a case where permission is given (following an application under section 6(1)(b) of the Act), the date to be fixed for the directions hearing must, unless the court otherwise directs, be no later than 7 days after the date on which the TPIM notice is served on the TPIM subject.

(3) In a case where the TPIM notice is confirmed (following a reference under paragraph 3(1) of Schedule 2 to the Act), the date to be fixed for the directions hearing must, unless the court otherwise directs, be no later than 7 days after the date on which the court confirms the TPIM notice.

(4) At the directions hearing, the court must give directions—

(a) for a review hearing under section 9(1) of the Act; and

(b) specifying a date and time by which the parties and special advocate must file and serve any written evidence or written submissions in accordance with rule 80.26.

(5) When giving directions under paragraph (4), the court must have regard to the need to expedite the review hearing.

(Rules 80.24 and 80.25 will apply where any closed material is filed by the Secretary of State).

Appeals under section 16 of the Act E+W

80.7.   Rules 80.8 to 80.11 apply to an appeal under section 16 of the Act (appeals relating to a TPIM notice).

Modification of Part 52 (appeals) E+W

80.8.— (1) Part 52 (appeals) applies to an appeal under section 16 of the Act, subject to—

(a) rule 80.2;

(b) the rules in section 4 of this Part; and

(c) paragraphs (2) and (3).

(2) The following rules do not apply to appeals under section 16 of the Act—

(a) [F2 rules 52.3, 52.4 and 52.6] (permission);

(b) rule [F3 52.12] (appellant’s notice);

(c) rule [F4 52.13] (respondent’s notice); and

(d) rule [F5 52.21] (hearing of appeals).

(3) Rule 52.2 (all parties to comply with [F6 Practice Directions 52A to 52E) apply], but the parties shall not be required to comply with [F7 paragraphs 5.1 to 5.3 of Practice Direction 52A and paragraphs 6.3 to 6.6 of Practice Direction 52B].

Textual Amendments

F2 Words in rule 80.8(2)(a) substituted (3.10.2016) by The Civil Procedure (Amendment No. 3) Rules 2016 (S.I. 2016/788), rules 2, 14(1)(a)

F3 Word in rule 80.8(2)(b) substituted (3.10.2016) by The Civil Procedure (Amendment No. 3) Rules 2016 (S.I. 2016/788), rules 2, 14(1)(b)

F4 Word in rule 80.8(2)(c) substituted (3.10.2016) by The Civil Procedure (Amendment No. 3) Rules 2016 (S.I. 2016/788), rules 2, 14(1)(c)

F5 Word in rule 80.8(2)(d) substituted (3.10.2016) by The Civil Procedure (Amendment No. 3) Rules 2016 (S.I. 2016/788), rules 2, 14(1)(d)

F6 Words in rule 80.8(3) substituted (1.10.2012) by The Civil Procedure (Amendment No.2) Rules 2012 (S.I. 2012/2208), rules 1, 15(a)(i)

F7 Words in rule 80.8(3) substituted (1.10.2012) by The Civil Procedure (Amendment No.2) Rules 2012 (S.I. 2012/2208), rules 1, 15(a)(ii)

Notice of appeal E+W

80.9.— (1) The TPIM subject must give notice of appeal by—

(a) filing a notice of appeal with the court; and

(b) serving a copy of that notice and any accompanying documents on the Secretary of State.

(2) The notice of appeal must—

(a) set out the grounds of the appeal; and

(b) state the name and address of—

(i) the TPIM subject, and

(ii) the TPIM subject’s legal representative (if any).

(3) A notice of appeal may include an application under rule 80.15 for an order requiring anonymity for the TPIM subject.

(4) The notice of appeal must be filed with a copy of the TPIM notice imposing measures on the TPIM subject and (as relevant)—

(a) a copy of the extension notice, revival notice or variation notice that is the subject of the appeal;

(b) a copy of the application to the Secretary of State—

(i) for permission in connection with a measure specified in the TPIM notice,

(ii) for the revocation of the TPIM notice, or

(iii) for the variation of a measure specified in the TPIM notice;

(c) a copy of the Secretary of State’s decision on such an application.

(Attention is drawn to rule 80.14(1) relating to the address for issuing proceedings in the High Court).

Time limit for appealing E+W

80.10.— (1) Subject to paragraph (2), the TPIM subject must give notice of appeal no later than 28 days after receiving—

(a) the extension notice, revival notice or variation notice that is the subject of the appeal; or

(b) notice of the Secretary of State’s decision on an application for permission in connection with a measure specified in the TPIM notice, for the revocation of the TPIM notice or for the variation of a measure specified in the TPIM notice.

(2) In a case where the Secretary of State has failed to determine an application for permission in connection with a measure specified in the TPIM notice, for the revocation of the TPIM notice or for the variation of a measure specified in the TPIM notice, the TPIM subject must file the notice of appeal—

(a) no earlier than 28 days, and

(b) no later than 42 days,

after the date on which the Secretary of State received the application.

Secretary of State’s reply E+W

80.11.   If the Secretary of State wishes to oppose an appeal, the Secretary of State must, no later than 14 days after being served with the notice of appeal—

(a) file with the court—

(i) any relevant material of which the Secretary of State is aware at that stage; and

(ii) any written submissions; and

(b) serve on the TPIM subject any open material.]