The Civil Procedure Rules 1998

[F1 [F2 Human Rights E+W

19.5 — (1) The court may not make a declaration of incompatibility in accordance with section 4 of the Human Rights Act 1998 unless 21 days’ notice, or such other period of notice as the court directs, has been given to the Crown by the claimant.

(2) Where a claim is made under section 9 of the Human Rights Act 1998 for damages in respect of a judicial act—

(a) that claim, including details of the judicial act, must be set out in the statement of case or the appeal notice; and

(b) notice must be given to the Crown.

(3) The court may at any time consider whether notice under paragraph (1) or (2) should be given to the Crown and give directions as to the content and service of such notice.

(4) A notice served on the Crown must be served on—

(a) the person named in the list published under section 17 of the Crown Proceedings Act 1947 (which is annexed to Practice Direction 66);

(b) Senedd Cymru, in the circumstances described in the National Assembly for Wales (Transfer of Functions) (No. 2) Order 2000;

(c) the Treasury Solicitor on behalf of the Lord Chancellor, in respect of a claim under section 9 of the Human Rights Act 1998, except where the judicial act is of a Court-Martial when service must be on the Treasury Solicitor on behalf of the Secretary of State for Defence;

(d) all parties.

(5) Where notice has been given to the Crown, a Minister or other person permitted by the Human Rights Act 1998 shall be joined as a party on notifying their consent to the court and all other parties.

(6) Where the Minister has, under section 5(2)(a) of the Human Rights Act 1998, nominated a person to be joined, the notice consenting to be joined must be accompanied by the written nomination.

(7) Where paragraph (2) applies and the appropriate person has not applied to be joined as a party within 21 days, or such other period as the court directs, after the notice is served, the court may join the appropriate person as a party.]]

Textual Amendments

F1 Pt. 19 substituted (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rule 1(b), Sch. 2

F2 Rule 19.4A substituted and renumbered as rule 19.5 (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(6)