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- Point in Time (06/04/2018)
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Version Superseded: 01/10/2018
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The Civil Procedure Rules 1998, Section 65.3 is up to date with all changes known to be in force on or before 15 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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65.3.—(1) An application for an injunction under [F2Chapter III of Part V] of the 1996 Act shall be subject to the Part 8 procedure as modified by this rule and [F3Practice Direction 65].
(2) The application F4...—
(a)[F5must be] made by a claim form in accordance with [F6Practice Direction 65];
[F7(b)may be made at any County Court hearing centre; and]
(c)supported by [F8a witness statement] which must be filed with the claim form.
[F9(2A) If the application—
(a)is on notice; and
(b)is not made at a County Court hearing centre which serves the address where—
(i)the defendant resides; or
(ii)the conduct complained of occurred,
the application will be issued by the County Court hearing centre where the application is made, and sent to the hearing centre in (i) or (ii) as appropriate.
(Practice Direction 65 makes further provision in respect of claims which are not made at the County Court hearing centre which serves the relevant address.)]
(3) The claim form must state—
(a)the matters required by rule 8.2; and
(b)the terms of the injunction applied for.
(4) An application under this rule may be made without notice and where such an application without notice is made—
[F10(a1)the application may—
(i)be made at any County Court hearing centre;
(ii)be heard at the hearing centre where the application is made; and
(iii)at any stage of the proceedings, be transferred by the court to—
(aa)the hearing centre which serves the address where the defendant resides or where the conduct complained of occurred; or
(bb)another hearing centre as the court considers appropriate;]
(a)the [F11witness statement] in support of the application must state the reasons why notice has not been given; and
(b)the following rules do not apply—
(i)8.3;
(ii)8.4;
(iii)8.5(2) to (6);
(iv)8.6(1);
(v)8.7; and
(vi)8.8.
(5) In every application made on notice, the application notice must be served, together with a copy of the [F12witness statement], by the claimant on the defendant personally.
(6) An application made on notice may be listed for hearing before the expiry of the time for the defendant to file an acknowledgement of service under rule 8.3, and in such a case—
(a)the claimant must serve the application notice and [F13witness statement] on the defendant not less than two days before the hearing; and
(b)the defendant may take part in the hearing whether or not he has filed an acknowledgment of service.]
Textual Amendments
F1Pt. 65 inserted (30.6.2004) by The Civil Procedure (Amendment) Rules 2004 (S.I. 2004/1306), rule 1(b), Sch. 2 (with rule 20(2)(a))
F2Words in rule 65.3(1) substituted (1.9.2004) by The Civil Procedure (Amendment No.2) Rules 2004 (S.I. 2004/2072), rules 1(a), 14(a)
F3Words in rule 65.3(1) substituted (6.4.2010) by The Civil Procedure (Amendment No.2) Rules 2009 (S.I. 2009/3390), rules 1(2), 40(a)
F4Words in rule 65.3(2) omitted (22.4.2014) by virtue of The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 28(a)(i)(aa); S.I. 2014/954, art. 2(a)
F5Words in rule 65.3(2)(a) inserted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 28(a)(i)(bb); S.I. 2014/954, art. 2(a)
F6Words in rule 65.3(2)(a) substituted (6.4.2010) by The Civil Procedure (Amendment No.2) Rules 2009 (S.I. 2009/3390), rules 1(2), 40(a)
F7Rule 65.3(2)(b) substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 28(a)(i)(cc); S.I. 2014/954, art. 2(a)
F8Words in rule 65.3(2)(c) substituted (1.9.2004) by The Civil Procedure (Amendment No.2) Rules 2004 (S.I. 2004/2072), rules 1(a), 14(b)
F9Rule 65.3(2A) inserted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 28(a)(ii); S.I. 2014/954, art. 2(a)
F10Rule 65.3(4)(a1) inserted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 28(a)(iii); S.I. 2014/954, art. 2(a)
F11Words in rule 65.3(4)(a) substituted (1.9.2004) by The Civil Procedure (Amendment No.2) Rules 2004 (S.I. 2004/2072), rules 1(a), 14(c)
F12Words in rule 65.3(5) substituted (1.9.2004) by The Civil Procedure (Amendment No.2) Rules 2004 (S.I. 2004/2072), rules 1(a), 14(d)
F13Words in rule 65.3(6)(a) substituted (1.9.2004) by The Civil Procedure (Amendment No.2) Rules 2004 (S.I. 2004/2072), rules 1(a), 14(e)
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