PART 23GENERAL RULES ABOUT APPLICATIONS FOR COURT ORDERS

Service of a copy of an application noticeI123.7

1

A copy of the application notice—

a

must be served as soon as practicable after it is filed; and

b

except where another time limit is specified in these Rules or a practice direction, must in any event be served at least 3 days before the court is to deal with the application.

2

If a copy of the application notice is to be served by the court, the applicant must, when he files the application notice, file a copy of any written evidence in support.

3

When a copy of an application notice is served it must be accompanied by—

a

a copy of any written evidence in support; and

b

a copy of any draft order which the applicant has attached to his 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 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.

(Part 6 contains the general rules about service of documents including who must serve a copy of the application notice)