The Civil Procedure Rules 1998

[F1Application to withhold closed materialE+W

79.25.—(1) [F2The appropriate Minister]—

(a)must apply to the court for permission to withhold closed material from another party and that party’s legal representative in accordance with this rule; and

(b)may not rely on closed material at a hearing unless a special advocate has been appointed and attends the hearing to represent the interests of that party.

(2) [F2The appropriate Minister] must file with the court and serve, at such time as the court directs, on the special advocate—

(a)the closed material;

(b)a statement of the reasons for withholding that material from the specially represented party; and

(c)if [F2the appropriate Minister] [F3considers] it possible to summarise that material without disclosing information contrary to the public interest, a summary of that material in a form which can be served on the specially represented party or that party’s legal representative.

(3) Where [F2the appropriate Minister] [F4serves] on the special advocate any closed material which has been redacted on grounds other than those of legal professional privilege—

(a)[F2the appropriate Minister] must file with the court the material in an unredacted form together with an explanation of the redactions; and

(b)the court will give a direction to [F2the appropriate Minister] as to what may be redacted and what, if any, must be served on the special advocate in an [F5unredacted] form.

(4) [F2The appropriate Minister] may at any time amend or supplement material filed under this rule, but only with—

(a)the agreement of the special advocate; or

(b)the permission of the court.]

Textual Amendments