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The Civil Procedure (Amendment) Rules 2004
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Application where the relevant authority is a party in principal proceedings
65.22.—(1) Subject to paragraph (2)—
(a)where the relevant authority is the claimant in the principal proceedings, an application under section 1B(2) of the 1998 Act for an order under section 1B(4) of the 1998 Act must be made in the claim form; and
(b)where the relevant authority is a defendant in the principal proceedings, an application for an order must be made by application notice which must be filed with the defence.
(2) Where the relevant authority becomes aware of the circumstances that lead it to apply for an order after its claim is issued or its defence filed, the application must be made by application notice as soon as possible thereafter.
(3) Where the application is made by application notice, it should normally be made on notice to the person against whom the order is sought.
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