The Civil Procedure Rules 1998

[F1Directions for hearing of an applicationE+W

82.23.—(1) When a party to relevant civil proceedings or (if the Secretary of State is not a party) the Secretary of State makes an application under section 6(2) of the Act for a declaration, the court must serve notice of the application on—

(a)all other parties and (if the Secretary of State is neither a party nor the applicant) the Secretary of State;

(b)the legal representatives of all other parties and (where relevant) the Secretary of State; and

(c)the special advocate,

and must give directions for a directions hearing unless it considers that the application can be determined on the papers, in which case it must give directions as it considers appropriate.

(2) Any directions hearing shall take place in the absence of the specially represented party and the specially represented party’s legal representative.

(3) At the directions hearing the court must give directions—

(a)for the hearing of the application; and

(b)specifying a date and time by which the parties and the special advocate must file and serve any written evidence or written submissions.

(3) The hearing of the application shall take place in the absence of the specially represented party and the specially represented party’s legal representative.]

Textual Amendments