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65.9.—(1) An application under section 91(3) of the 2003 Act [F3or section 27(3) of the 2006 Act] for a power of arrest to be attached to any provision of an injunction must be made in the proceedings seeking the injunction by—
(a)the claim form;
(b)the acknowledgment of service;
(c)the defence or counterclaim in a Part 7 claim; or
(d)application under Part 23.
(2) Every application must be supported by written evidence.
(3) Every application made on notice must be served personally, together with a copy of the written evidence, by the local authority on the person against whom the injunction is sought not less than 2 days before the hearing.
(Attention is drawn to rule 25.3(3)–applications without notice)]
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 65.9 heading inserted (1.10.2007) by The Civil Procedure (Amendment) Rules 2007 (S.I. 2007/2204), rules 1, 19(e)(i)
F3Words in rule 65.9(1) inserted (1.10.2007) by The Civil Procedure (Amendment) Rules 2007 (S.I. 2007/2204), rules 1, 19(e)(ii)
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