PART 8PROCEDURE FOR MISCELLANEOUS APPLICATIONS

CHAPTER 6APPLICATION FOR PERMISSION TO APPLY FOR A FINANCIAL REMEDY AFTER OVERSEAS PROCEEDINGS

Scope of this Chapter8

Subject to rule9.26(6), the rules in this Chapter apply to an application for permission to apply for a financial remedy under section 13 of the 1984 Act and paragraph 4 of Schedule 7 to the 2004 Act. (Rule 9.26(6) enables the application for permission to apply for a financial remedy under section 13 of the 1984 Act or paragraph 4 of Schedule 7 to the 2004 Act to be heard at the same time as the application for a financial remedy under Part 3 of the 1984 Act or Schedule 7 to the 2004 Act where that application is an application for a consent order.)

F1How to start proceedings8

The application must be made in accordance with the Part 18 procedure.

Application F3... without notice8

1

The court may grant an application made without notice if it appears to the court that there are good reasons for not giving notice.

2

If the applicant makes an application without giving notice, the applicant must state the reasons why notice has not been given.

Notification of hearing date8

The court officer must—

a

fix a date, time and place for the hearing of the application F4...; and

b

give notice of the date of the hearing to the applicant.

Hearings to be in private unless the court directs otherwise8

An application under this Chapter must be heard in private unless the court directs otherwise.

Direction that application be dealt with by a district judge of the principal registry8

F2In the High Court, if the application is granted, the judge may direct that the application for a financial remedy under Part 3 of the 1984 Act or Schedule 7 to the 2004 Act may be heard by a district judge of the principal registry.