The Civil Procedure Rules 1998

[F1 Response by the Treasury E+W

79.11.— (1) Where the Treasury intend to oppose the application to set aside the financial restrictions decision, they must file with the court —

(a) the grounds for contesting the application; and

(b) any relevant evidence of which they are aware at that stage.

(2) Unless the Treasury object to the grounds and evidence in paragraph (1) being disclosed to the claimant and the claimant’s legal representative, the Treasury must serve a copy of the grounds and evidence on the claimant at the same time as filing the grounds.

(3) Where the Treasury object to the grounds and evidence in paragraph (1) being disclosed to the claimant and the claimant’s legal representative, the Treasury must make an application in accordance with rule 79.25.

(4) Where a special advocate has been appointed, the Treasury must serve on that special advocate a copy of the grounds and evidence filed under paragraph (1).

(5) The claimant and any special advocate may apply to the court for an order directing the Treasury to file and serve further information about the Treasury’s grounds filed under paragraph (1)(a).

(6) The application under paragraph (5) must set out—

(a) what information is sought; and

(b) why the information sought is necessary for the determination of the application to set aside the financial restrictions decision.

(7) The court may make an order on an application under paragraph (5) where it considers that the information sought is—

(a) necessary for the determination of the application to set aside the financial restrictions decision; and

(b) may be provided without disproportionate cost, time or effort.

(8) Where the Treasury object to serving on the claimant and the claimant’s legal representative the information sought under paragraph (5), the Treasury must make an application in accordance with rule 79.25.]

Textual Amendments

F1 Pt. 79 inserted (4.12.2008) by The Civil Procedure (Amendment No.2) Rules 2008 (S.I. 2008/3085), rule 1, Sch.