The Civil Procedure Rules 1998

[F1 Application by Treasury for reconsideration of order, direction or judgment E+W

79.29.— (1) This rule applies where the court proposes, in any proceedings to which [F2 Section 2 or 3 of] this Part applies, to serve on a party other than the Treasury—

(a) notice of any order or direction made or given in the absence of the Treasury; or

(b) any written judgment.

(2) Before the court serves any such notice or judgment on a party other than the Treasury, it will first serve notice on the Treasury of its intention to do so.

(3) The Treasury may, within 5 days of being served with notice under paragraph (2), apply to the court to reconsider the terms of the order or direction or to review the terms of the proposed judgment if they consider—

(a) their compliance with the order or direction; or

(b) the notification to another party of any matter contained in the judgment, order or direction,

would cause information to be disclosed contrary to the public interest.

(4) Where the Treasury make an application under paragraph (3), they must at the same time serve on a special advocate, if one has been appointed—

(a) a copy of the application;

(b) a copy of the relevant document referred to in paragraph (1)(a) or (b); and

(c) a copy of the notice served on the Treasury pursuant to paragraph (2).

(5) If a special advocate has been appointed, rule 79.26 (except for paragraphs (6) and (7)) will apply with any necessary modifications to the consideration of an application under paragraph (3) of this rule.

(6) The court will not serve notice on a party other than the Treasury as mentioned in paragraph (1) before the time for the Treasury to make an application under paragraph (3) has expired.]

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.

F2 Words in rule 79.29(1) inserted (1.10.2009) by The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rules 1(2), 18(i)