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The Civil Procedure Rules 1998, Section 54.12 is up to date with all changes known to be in force on or before 11 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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54.12—(1) This rule applies where the court, without a hearing—
(a)refuses permission to proceed; or
(b)gives permission to proceed—
(i)subject to conditions; or
(ii)on certain grounds only.
(2) The court will serve its reasons for making the decision when it serves the order giving or refusing permission in accordance with rule 54.11.
(3) [F2Subject to paragraph (7), the] claimant may not appeal but may request the decision to be reconsidered at a hearing.
(4) A request under paragraph (3) must be filed within 7 days after service of the reasons under paragraph (2).
(5) The claimant, defendant and any other person who has filed an acknowledgment of service will be given at least 2 days' notice of the hearing date.
[F3(6) The court may give directions requiring the proceedings to be heard by a Divisional Court.]
[F4(7) Where the court refuses permission to proceed and records the fact that the application is totally without merit in accordance with rule 23.12, the claimant may not request that decision to be reconsidered at a hearing.]]
Textual Amendments
F1Pt. 54 inserted (2.10.2000) by The Civil Procedure (Amendment No. 4) Rules 2000 (S.I. 2000/2092), rule 1, Sch. (with rule 30)
F2Words in rule 54.12(3) substituted (1.7.2013) by The Civil Procedure (Amendment No. 4) Rules 2013 (S.I. 2013/1412), rules 1, 4(b)(i) (with rule 5)
F3Rule 54.12(6) inserted (20.10.2010) by The Civil Procedure (Amendment No.3) Rules 2010 (S.I. 2010/2577), rules 1(2), 4
F4Rule 54.12(7) inserted (1.7.2013) by The Civil Procedure (Amendment No. 4) Rules 2013 (S.I. 2013/1412), rules 1, 4(b)(ii) (with rule 5)
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