Textual Amendments
F1Pt. 78 inserted (12.12.2008 for specified purposes, 1.1.2009 in so far as not already in force) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rule 1(3), Sch. 2
Textual Amendments
78.24.—(1) Where the parties, or one of them with the explicit consent of the others, wish to apply for a mediation settlement to be made enforceable, the parties or party may apply–
(a)where there are existing proceedings in England and Wales, by an application made in accordance with Part 23; or
(b)where there are no existing proceedings in England and Wales, by the Part 8 procedure as modified by this rule and Practice Direction 78 – European Procedures.
(2) Where rule 78.24(1)(b) applies, rules 8.3 to 8.8 will not apply.
(3) The mediation settlement agreement must be annexed to the application notice or claim form when it is filed.
(4) Except to the extent that paragraph (7) applies, the parties must file any evidence of explicit consent to the application under paragraph (1) when the parties file the application or claim form.
(5) Subject to paragraph (6), where an application is made under paragraph (1), the court will make an order making the mediation settlement enforceable.
(6) The court will not make an order under paragraph (5) unless the court has evidence that each of the parties to the mediation settlement agreement has given explicit consent to the application for the order.
(7) Where a party to the mediation settlement agreement—
(a)has agreed in the mediation settlement agreement that a mediation settlement enforcement order should be made in respect of that mediation settlement;
(b)is a party to the application under paragraph (1); or
(c)has written to the court consenting to the application for the mediation settlement enforcement order,
that party is deemed to have given explicit consent to the application for the mediation settlement enforcement order.
(8) An application under paragraph (1) will be dealt with without a hearing, unless the court otherwise directs.]