SCHEDULE 2PROCEDURAL MATTERS IN ENGLAND AND WALES

PART 9General Provision as to Court Procedure and Practice

Filing and service of application33

1

The application shall be filed in court, accompanied by one copy and a number of additional copies equal to the number of persons who are to be served with the application.

2

Subject as follows in this paragraph and in paragraph 34, or unless the court otherwise orders, upon the presentation of the documents mentioned in sub-paragraph (1), the court shall fix a venue for the application to be heard.

3

Unless the court otherwise directs, the applicant shall serve a sealed copy of the application, endorsed with the venue of the hearing, on the respondent named in the application (or on each respondent if more than one).

4

The court may give any of the following directions—

a

that the application be served upon persons other than those specified by the relevant provision of these Regulations;

b

that the giving of notice to any person may be dispensed with;

c

that notice be given in some way other than that specified in sub-paragraph (3).

5

Subject to sub-paragraph (6), the application must be served at least 10 business days before the date fixed for the hearing.

6

Where the case is one of urgency, the court may (without prejudice to its general power to extend or abridge time limits)—

a

hear the application immediately, either with or without notice to, or the attendance of, other parties; or

b

authorise a shorter period of service than that provided for by sub-paragraph (5);

and any such application may be heard on terms providing for the filing or service of documents, or the carrying out of other formalities, as the court thinks fit.