[F1HearingsE+W
79.17.—(1) All proceedings to which [F2Section 2 or 3 of] this Part applies must be determined at a hearing except where—
(a)the claimant withdraws the claim or application;
(b)[F3the appropriate Minister] [F4consents] to the claim or application being allowed;
(c)the appellant withdraws the appeal against a decision of [F5[F3the appropriate Minister] or] the High Court;
(d)the respondent to the appeal consents to the appeal being allowed; or
(e)the parties agree to a determination without a hearing.
(2) Where the court considers it necessary for a party other than [F3the appropriate Minister] and that party’s legal representative to be excluded from a hearing or part of a hearing in order to secure that information is not disclosed contrary to the public interest, the court will—
(a)direct accordingly; and
(b)conduct the hearing, or that part of it from which the party and that party’s legal representative are excluded, in private but attended by a special advocate to represent the interests of the excluded party.]
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 rule 79.17(1) inserted (1.10.2009) by The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rules 1(2), 18(d)
F3Words in rule 79.17 substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(12)(a)
F4Word in rule 79.17(1)(b) substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(12)(b)
F5Words in rule 79.17(1)(c) inserted (24.12.2010) by The Civil Procedure (Amendment No.4) Rules 2010 (S.I. 2010/3038), rules 1(2), 3(m)