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4.—(1) Notwithstanding the requirements of rule 2 above—
(a)an application may be made for a special measures direction orally at the trial; or
(b)the court may of its own motion raise the issue whether a special measures direction should be given.
(2) Where an application is made in accordance with rule 4(1)(a) above—
(a)the applicant must state the reasons for the late application; and
(b)the court must be satisfied that the applicant was unable to make the application in accordance with rule 2 above.
(3) The court shall determine before making a special measures direction—
(a)whether to allow other parties to the proceedings to make representations on the question;
(b)the time allowed for making such representations (if any); and
(c)whether the question should be determined following a hearing at which the parties to the proceedings may be heard.
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