Textual Amendments
F1Pt. 79 inserted (4.12.2008) by The Civil Procedure (Amendment No.2) Rules 2008 (S.I. 2008/3085), rule 1, Sch.
F2Words in Pt. 79 heading omitted (1.10.2009) by virtue of The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rules 1(2), 17
F3Words in Pt. 79 heading inserted (17.12.2010) by Terrorist Asset-Freezing etc. Act 2010 (c. 38), s. 55(1), Sch. 1 para. 5(a)
Textual Amendments
F4Pt. 79 Section 2 heading substituted (24.12.2010) by The Civil Procedure (Amendment No.4) Rules 2010 (S.I. 2010/3038), rules 1(2), 3(e)
79.12.—(1) Where the claimant wishes to rely on evidence in support of the application to set aside the financial restrictions decision and—
(a)such evidence was not filed with the court with the claim form; or
(b)such evidence was filed with the court with the claim form but the claimant wishes to rely on further evidence,
the claimant must file and serve that evidence, including any witness statement, on the Treasury and any special advocate.
(2) Where the claimant serves evidence in support of the application, the Treasury must file and serve, subject to paragraph (3), any further evidence, including any witness statement, on the claimant and any special advocate.
(3) Where the Treasury seek to withhold disclosure of any closed material from the claimant and the claimant’s legal representative, the Treasury must make an application in accordance with rule 79.25.
(4) The Treasury must serve any closed material upon the special advocate.
(5) The parties and, where relevant, any special advocate must file and serve any further evidence, including witness statements, written submissions or skeleton arguments as directed by the court.]