Legalize / United Kingdom / Statutory-Instrument

The Civil Procedure Rules 1998

Type Statutory-Instrument

Publication 1998-12-10

Last updated 2026-10-02

State In force

Department Statute Law Database

Source legislation.gov.uk

PDF Download

articles Not indexed

These Rules provide a new code of civil procedure for the civil courts. They replace the Rules of the Supreme Court 1965 and the County Court Rules 1981. As well as the main body of the new rules (Parts 1—48), they also provide for certain specialist proceedings (Part 49) and transitional provisions (Part 51); the details of these are contained in practice directions. Part 50 introduces schedules to the Rules containing those provisions of the former rules of court which for the time being are re-enacted as part of the Civil Procedure Rules but without substantial changes.

Reform history JSON API

(d) be withheld from the defendant and their legal representative, but disclosed to a special advocate.

(3) The court may vary or set aside a direction under paragraph (2) on application or of its own motion.

Relevant material and statement of reasons to be filed

77.24

(1) An application under rule 77.23(1) must—

(a) include the relevant material;

(b) identify the persons from whom the relevant material should be withheld;

(c) set out the reasons for withholding the relevant material and explain why it is a necessary and proportionate measure;

(d) if the claimant proposes disclosure in a summary or redacted version, include a draft of that document; and

(e) state whether the claimant will withdraw and no longer rely on the relevant material in the event of the application being refused.

(2) When an application is made under rule 77.23(1), the application need not be served on the defendant, but the claimant must, at the same time as filing the application—

(a) notify the defendant that an application has been made, whether or not a special advocate has already been appointed;

(b) if the application proposes disclosure to the defendant in a summary or redacted version, include with the notification a draft of that document; and

(c) if one has been appointed in respect of an earlier application under rule 77.23(1), serve on the special advocate the application and accompanying material under paragraph (1).

(3) Where paragraph (2)(c) applies, the special advocate may file and serve on the claimant written submissions regarding the application within 14 days of service of the application.

Consideration of the application

77.25

(1) Where the court considers an application under rule 77.23(1) it may—

(a) determine the application without a hearing; or

(b) direct a hearing of the application.

(2) Rule 23.8(3) is modified to provide that, under this rule and rule 77.29, a party includes a special advocate if one has been appointed.

(3) Where the court makes a direction under rule 77.23(2)(b), within 7 days after the date on which the defendant is notified of the court’s decision or such other period as the court may direct, the legal representative must—

(a) file and serve on the claimant the required undertaking; or

(b) inform both the court and the claimant of their decision not to do so.

(4) Where the legal representative—

(a) gives the required undertaking under paragraph (3), the claimant must, within two days of the date on which it is served on them—

(i) serve on the legal representative the relevant material in full or as directed; or

(ii) inform both the court and the defendant of their decision not to rely on it; or

(b) does not give the required undertaking within the time specified in paragraph (3) or informs the court of their decision not to give undertakings, the claimant must seek further directions from the court.

(5) Where the court does not give permission to withhold relevant material from the defendant, or has made a direction under rule 77.23(2)(c), within seven days after the date on which they are notified of the court’s decision or such other period as the court may direct, the claimant must—

(a) serve on the defendant the relevant material in full, or as directed; or

(b) inform both the court and the defendant of their decision not to rely on it.

(6) Where the claimant has informed the court of their decision not to rely on the relevant material in full or as directed—

(a) the claimant shall not be required to serve the relevant material on the defendant or comply with the direction; but

(b) the court may, at a hearing on notice, if it considers that the relevant material or anything that is required to be summarised or redacted might adversely affect the claimant’s case or support the case of the defendant, direct that the claimant is not to rely on such points, or that the claimant makes such concessions or takes such other steps, as the court may direct.

Hearings

77.26

(1) Where the court considers it necessary to exclude the defendant from any hearing or part of that hearing to ensure that relevant material subject to a direction under rule 77.23(2) is not disclosed to them, the court must direct that the hearing, or that part of it from which the defendant is excluded, be conducted in private.

(2) Unless the court directs otherwise, the court shall serve notice of the date, time and place fixed for a hearing on every party and, if one has been appointed for the purposes of the proceedings, the special advocate or those instructing the special advocate.

Special advocates

77.27

(1) In any proceedings to which this Sub-section applies, the court may at any stage direct the claimant to request the Attorney General to appoint a special advocate to represent the interests of the defendant.

(2) The function of a special advocate is to represent the interests of the defendant by, for example—

(a) making submissions to the court at any hearing from which the party and that party’s legal representative are excluded;

(b) adducing evidence and cross-examining witnesses at such a hearing;

(d) making written submissions to the court, including whether relevant material withheld under rule 77.23(2) should be disclosed in full or in a summary or redacted version.

(3) Where the court makes a direction under paragraph (1), the claimant—

(a) must within seven days of receipt of notification of their appointment, serve on the special advocate, copies of—

(i) the claim form and further material specified in rule 77.19(2), and any further evidence served on the defendant;

(ii) the acknowledgement of service and any further evidence served by the defendant;

(iii) the application under rule 77.23(1) and the relevant material and documents specified in rule 77.24(1); and

(iv) if applicable, the court’s direction under rule 77.23(2); and

(b) may not rely on the relevant material which is the subject of the application under rule 77.23(1) unless a special advocate has been appointed, and the relevant material has been served on them.

Special advocates – communicating about proceedings

77.28

(1) A special advocate may communicate with the defendant, or their legal representative, at any timebeforethe claimant serves the relevant material on the special advocate.

(2) After the relevant material has been served on the special advocate, they must not communicate with any person about any matter connected with the proceedings, except in accordance with paragraphs (3), (4) or (8)(b) or with a direction of the court pursuant to a request under paragraph (5).

(3) The special advocate may, without directions from the court, communicate about the proceedings with—

(a) the court;

(b) the claimant;

(d) any other person, except for the defendant or their legal representative, with whom it is necessary for administrative purposes for the special advocate to communicate about matters not connected with the substance of the proceedings.

(4) The special advocate may communicate with the defendant or their legal representative with the express agreement of the claimant.

(5) The special advocate may request directions from the court authorising them to communicate with—

(a) subject to paragraph (6), the defendant or their legal representative; or

(b) with any other person.

(6) Where the special advocate wishes to communicate with the defendant or their legal representative, the special advocate may not, without good reason, request directions under paragraph (5)(a) unless the claimant has refused their request under paragraph (4).

(7) Where the special advocate requests directions under paragraph (5)—

(a) the special advocate must notify the claimant of the request; and

(b) the claimant must, within two days or such other period as may be directed by the court, file and serve on the special advocate notice of any objection to the proposed communication, or to the form in which it is proposed to be made.

(8) Paragraph (2) does not prohibit the defendant or their legal representative communicating with the special advocate after the claimant has served relevant material on the special advocate, but—

(a) they may only do so in writing; and

(b) the special advocate must not reply to the communication other than in accordance with directions given by the court, except that the special advocate may, under paragraph (4) or without such directions, send a written acknowledgment of receipt.

Consideration of the claimant’s objection under rule 77.28(7)(b)

77.29

(1) If the claimant objects to a proposed communication under rule 77.28(7)(b)—

(a) the special advocate may file and serve on the claimant a reply to the objection;

(b) the claimant and the special advocate must file with the court a schedule identifying the issues which cannot be agreed between them and which must—

(i) give brief reasons for their contentions on each issue in dispute; and

(ii) set out any proposals for the court to resolve the issues in dispute.

(2) On receipt of the claimant’s objection, the special advocate may give notice that they do not challenge it.

(3) The court may—

(a) consider the claimant’s objection without a hearing; or

(b) if the court considers that it is necessary before it can determine the matter, direct a hearing.

Failure to comply with directions

77.30

(1) Where the clamant or special advocate fails to comply with a direction of the court, the court may serve on the claimant or the special advocate a notice which states—

(a) the respect in which they have failed to comply with the direction;

(b) a time limit for complying with the direction; and

(c) that the court may proceed to determine the proceedings before it, on the material available to it, if they fail to comply with the relevant direction within the time specified.

(2) Where the claimant or special advocate fails to comply with such a notice, the court may proceed in accordance with paragraph (1)(c).

Orders under the 1997 Act and 2003 Act

77.31

(1) Where the court makes an order in any proceedings to which this Sub-section applies, it may withhold any, or any part, of its reasons if and to the extent that it is not possible to give those reasons without disclosing material, the disclosure of which would adversely affect—

(a) the prevention of disorder or crime; or

(b) the health or welfare of the defendant or any other person.

(2) Where the court’s judgment does not include the full reasons for its decision, the court must serve on the claimant, the defendant’s legal representative if appropriate, and, if appointed, the special advocate, a separate written judgment giving those reasons.

Supply of court documents

77.32

Unless the court otherwise directs, rule 5.4B (supply of documents from court records – a party) and rule 5.4C (supply of court documents – a non-party) do not apply to any proceedings to which this Sub-section applies.

Appeals

77.33

(1) Part 52 (appeals) applies to an appeal to the Court of Appeal—

(a) against an order of the High Court on or in relation to an application under rule 77.23(1); and

(b) where the order under appeal was not made on or in relation to a matter within sub-paragraph (a) but the appeal proceedings involve such a matter.

(2) Paragraph (1) is subject to—

(a) this Sub-section; and

(b) paragraph (3) of this rule.

(3) The appellant must serve a copy of the appellant’s notice on any special advocate.

(4) Unless the court directs otherwise, an appeal to the Court of Appeal in proceedings under paragraph (1), must be determined at a hearing.

PART 78 — EUROPEAN ... PROCEDURES

Scope of this Part and interpretation

78.1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SECTION I - EUROPEAN ORDER FOR PAYMENT PROCEDURE

Scope of this Section and interpretation

78.2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application for a European Order for Payment

78.3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Withdrawal of EOP application

78.4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transfer of proceedings where an EOP application has been opposed

78.5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Procedure where EOP application treated as if started as a claim under Part 7

78.5A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Procedure where EOP application treated as if started as a claim under the ESCP Regulation

78.5B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Filing of acknowledgment of service and defence where an EOP application is treated as if started as a claim under Part 7

78.6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Default judgment where an EOP application is treated as if started as a claim under Part 7

78.7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Review in exceptional cases

78.8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enforcement of European orders for payment

78.9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Refusal of enforcement

78.10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Stay of or limitation on enforcement

78.11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SECTION II - EUROPEAN SMALL CLAIMS PROCEDURE

Scope of this Section and interpretation

78.12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Filing an ESCP claim form

78.13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Allocation of ESCP claims

78.14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transfer of proceedings where the claim is outside the scope of the ESCP Regulation – article 4(3) of the ESCP Regulation

78.15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Defendant’s response

78.16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transfer of proceedings where the defendant claims that the non-monetary claim exceeds the limit set in article 2(1) of the ESCP Regulation – article 5(5) of the ESCP Regulation

78.17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transfer of proceedings where the ESCP counterclaim exceeds the limit set in article 2(1) of the ESCP Regulation – article 5(7) of the ESCP Regulation

78.18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Review of judgment

78.19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enforcement of an ESCP judgment

78.20

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Refusal of enforcement

78.21

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Stay of or limitation on enforcement

78.22

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SECTION III — MEDIATION DIRECTIVE

Scope of this Section and interpretation

78.23

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Making a mediation settlement enforceable (mediation settlement enforcement orders)

78.24

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Mediation settlement enforcement orders: foreign currency

78.25

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Mediation evidence: disclosure or inspection

78.26

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Mediation evidence: witnesses and depositions

78.27

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Mediation evidence: small claims

78.28

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART79 — PROCEEDINGS UNDER THE COUNTER-TERRORISM ACT 2008, PART 1 OF THE TERRORIST ASSET-FREEZING ETC. ACT 2010 AND PART 1 OF THE SANCTIONS AND ANTI-MONEY LAUNDERING ACT 2018

1. GENERAL PROVISIONS
Scope and interpretation of this Part	Rule 79.1
Modification to the overriding objective	Rule 79.2
2. APPLICATION TO SET ASIDE FINANCIAL RESTRICTIONS DECISIONS UNDER THE 2008 ACT OR THE 2010 ACT AND SANCTIONS DECISIONS UNDER THE 2018 ACT
Scope of this Section	Rule 79.3
. . .	. . .
Applications (general) and modification of Part 8	Rule 79.5
Application to set aside	Rule 79.6
Fixing of directions hearing date	Rule 79.7
Service of the claim form and accompanying documents	Rule 79.8
Acknowledgment of service	Rule 79.9
Directions hearing	Rule 79.10
Response by the appropriate Minister	Rule 79.11
Filing and service of evidence	Rule 79.12
. . .
Modification of Part 52 (appeals)	Rule 79.13
Service of appellant’s notice on special advocate	Rule 79.14

3. APPEALS IN RELATION TO DESIGNATIONS UNDER THE 2010 ACT
Scope of this Section	Rule 79.14A
Modification of Part 52 (appeals)	Rule 79.14B
Appellant’s notice	Rule 79.14C
Appeals to the Court of Appeal	Rule 79.14D

4. GENERAL PROVISIONS THAT APPLY TO SECTIONS 2 AND 3 OF THIS PART
Scope of this Section	Rule 79.15
Where to make an application	Rule 79.15A
Notification of hearing	Rule 79.16
Hearings	Rule 79.17
Appointment of a special advocate	Rule 79.18
Function of a special advocate	Rule 79.19
Special advocate: communicating about proceedings	Rule 79.20
Consideration of the appropriate Minister’s objection	Rule 79.21
Modification of the general rules of evidence and disclosure	Rule 79.22
Search for, filing of and service of materialRedacted material	Rule 79.23Rule 79.24
Application to withhold closed material	Rule 79.25
Consideration of the appropriate Minister’s application	Rule 79.26
Failure to comply with directions	Rule 79.27
Judgments	Rule 79.28
Application by appropriate Minister for reconsideration of order, direction or judgment	Rule 79.29
Supply of court documents	Rule 79.30
5. NOTIFICATION ORDERS
Application for a notification order	Rule 79.30

SECTION1 — GENERAL PROVISIONS

Scope and interpretation of this Part

79.1

(1) This Part contains rules about—

(a) in Section 1, interpretation and modification of the overriding objective;

(b) in Section 2, financial restrictions proceedings under the Counter-Terrorism Act 2008 and the Terrorist Asset-Freezing etc Act 2010 , and sanctions proceedings under the Sanctions and Anti-Money Laundering Act 2018;

(d) in Section 4, general provisions applicable to proceedings within Sections 2 and 3; and

(e) in Section 5, applications for a notification order under Schedule 4 to the Counter-Terrorism Act 2008.

(2) In this Part—

(a) “the 2008 Act” means the Counter-Terrorism Act 2008;

(aa) the 2010 Act” means the Terrorist Asset-Freezing etc. Act 2010;

(ab) “the 2018 Act” means the Sanctions and Anti-Money Laundering Act 2018;

(ac) “appropriate Minister” means—

(i) in relation to a challenge to a decision of the Secretary of State, the Secretary of State;

(ii) in relation to a challenge to a decision of the Treasury, the Treasury;

(b) “financial restrictions decision” means a decision to which section 63(1) of the 2008 Act or section 27 of the 2010 Act applies;

(ba) “sanctions decision” means a decision to which section 38 of the 2018 Act (court review of decisions) applies;

(i) financial restrictions proceedings within the meaning of section 65 of the 2008 Act; and

(ii) proceedings in the High Court on an application under section 27 of the 2010 Act, or on a claim arising from any matter to which such an application relates;

(cza) “sanctions proceedings” means proceedings—

(i) on an application under section 38 of the 2018 Act, or

(ii) on a claim arising from any matter to which such an application relates;

(ca) “designation” means a designation in accordance with Chapter 1 of Part 1 of the 2010 Act.

(d) “closed material” means—

(i) material, evidence or submissions to the court upon which the appropriate Minister wishes to rely in proceedings;

(ii) material which adversely affects the appropriate Minister’s case or supports another party’s case; or

(iii) information which the appropriate Minister is required to file pursuant to an order under rule 79.11(7),

but which the appropriate Minister objects to disclosing to another party and that party’s legal representative;

(e) “legal representative” in relation to a party to proceedings other than the appropriate Minister does not include a special advocate;

(f) “material” means anything in which information of any description is recorded;

(g) “party” includes the appropriate Minister unless otherwise stated or unless the context otherwise requires;

(h) “special advocate” means a person appointed under section 68 of the 2008 Act (including that section as applied by section 28(4) of the 2010 Act and section 40(1) of the 2018 Act); and

(i) “specially represented party” means a party, other than the appropriate Minister, whose interests a special advocate represents.

Modification to the overriding objective

79.2

(1) Where this Part applies, the overriding objective in Part 1, and so far as relevant any other rule, must be read and given effect in a way which is compatible with the duty set out in paragraph (2).

(2) The court will ensure that information is not disclosed contrary to the public interest.

(3) Without prejudice to paragraph (2), the court will satisfy itself that the material available to it enables it properly to determine the proceedings.

SECTION2 — APPLICATION TO SET ASIDE FINANCIAL RESTRICTIONS DECISIONS UNDER THE 2008 ACT OR THE 2010 ACT AND SANCTIONS DECISIONS UNDER THE 2018 ACT.

Scope of this Section

79.3

This Section applies to an application to set aside a financial restrictions decision under section 63(2) of the 2008 Act or section 27(2) of the 2010 Act or a sanctions decision under section 38(2) of the 2018 Act.

...

79.4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Applications (general) and modification of Part 8

79.5

(1) An application to set aside a financial restrictions decision or sanctions decision must be made pursuant to Part 8, as modified by this Part, and subject to paragraph (2).

(2) The following rules do not apply to an application under this Section—

(a) rule 8.1(3);

(b) rule 8.2A (issue of claim form without naming defendants);

(d) rule 8.5 (filing and serving written evidence);

(e) rule 8.6 (evidence – general); and

(f) rule 8.8 (defendant objects to use of Part 8).

Application to set aside

79.6

(1) An application to set aside a financial restrictions decision or sanctions decision must be started by a claim form.

(2) The claim form must set out—

(a) the details of the financial restrictions decision or sanctions decision;

(b) details of how the claimant is affected by the financial restrictions decision or sanctions decision; and

(3) The claimant must file with the claim form—

(a) a copy of—

(i) the written notice of the relevant financial restrictions decision or sanctions decision made by the appropriate Minister; or

(ii) where relevant, any direction, order or licence made under Schedule 7 to the 2008 Act or any freezing order made under Part 2 of the Anti-terrorism, Crime and Security Act 2001; and

(b) any evidence, including witness statements, on which the claimant relies at that stage.

Fixing of directions hearing date

79.7

(1) When the court issues the claim form it will fix a date for a directions hearing.

(2) Unless the court directs otherwise, the directions hearing will be not less than 14 days but not more than 28 days after the date of issue of the claim form.

Service of the claim form and accompanying documents

79.8

The court will—

(a) serve on the appropriate Minister and any special advocate (if one has been appointed)—

(i) the claim form; and

(ii) the documents specified in rule 79.6(3); and

(b) send to all parties and any special advocate a notice of the directions hearing date (where such date is not endorsed on the claim form).

Acknowledgment of service

79.9

Where a special advocate has been appointed, the appropriate Minister must serve on that special advocate a copy of the acknowledgment of service filed under rule 8.3.

Directions hearing

79.10

At the directions hearing the court may give case management directions, in particular—

(a) for the holding of a further hearing to determine the application;

(b) fixing a date, time and place for the further hearing at which the parties, their legal representatives (if any) and any special advocate can be present; and

(i) any response to the application to be filed and served by the appropriate Minister under rule 79.11(1), (2) and (4);

(ii) any application to be made under rule 79.11(5);

(iii) any information to be filed and served by the appropriate Minister pursuant to an order under rule 79.11(7);

(iv) any evidence to be filed and served by the claimant under rule 79.12(1);

(v) any evidence to be filed and served by the appropriate Minister under rule 79.12(2);

(vi) any application by the appropriate Minister under rule 79.11(3), 79.11(8) or 79.12(3); and

(vii) any further evidence, including witness statements, written submissions or skeleton arguments, to be filed and served by the parties and any special advocate.

Response by the appropriate Minister

79.11

(1) Where the appropriate Minister intends to oppose the application to set aside the financial restrictions decision or sanctions decision, the appropriate Minister must file with the court —

(a) the grounds for contesting the application; and

(b) any relevant evidence of which the appropriate Minister is aware at that stage.

(2) Unless the appropriate Minister objects to the grounds and evidence in paragraph (1) being disclosed to the claimant and the claimant’s legal representative, the appropriate Minister must serve a copy of the grounds and evidence on the claimant at the same time as filing the grounds.

(3) Where the appropriate Minister objects to the grounds and evidence in paragraph (1) being disclosed to the claimant and the claimant’s legal representative, the appropriate Minister must make an application in accordance with rule 79.25.

(4) Where a special advocate has been appointed, the appropriate Minister must serve on that special advocate a copy of the grounds and evidence filed under paragraph (1).

(5) The claimant and any special advocate may apply to the court for an order directing the appropriate Minister to file and serve further information about the appropriate Minister’s grounds filed under paragraph (1)(a).

(6) The application under paragraph (5) must set out—

(a) what information is sought; and

(b) why the information sought is necessary for the determination of the application to set aside the financial restrictions decision or sanctions decision.

(7) The court may make an order on an application under paragraph (5) where it considers that the information sought is—

(a) necessary for the determination of the application to set aside the financial restrictions decision or sanctions decision; and

(b) may be provided without disproportionate cost, time or effort.

(8) Where the appropriate Minister objects to serving on the claimant and the claimant’s legal representative the information sought under paragraph (5), the appropriate Minister must make an application in accordance with rule 79.25.

Filing and service of evidence

79.12

(1) Where the claimant wishes to rely on evidence in support of the application to set aside the financial restrictions decision or sanctions decision and—

(a) such evidence was not filed with the court with the claim form; or

(b) such evidence was filed with the court with the claim form but the claimant wishes to rely on further evidence,

the claimant must file and serve that evidence, including any witness statement, on the appropriate Minister and any special advocate.

(2) Where the claimant serves evidence in support of the application, the appropriate Minister must file and serve, subject to paragraph (3), any further evidence, including any witness statement, on the claimant and any special advocate.

(3) Where the appropriate Minister seeks to withhold disclosure of any closed material from the claimant and the claimant’s legal representative, the appropriate Minister must make an application in accordance with rule 79.25.

(4) the appropriate Minister must serve any closed material upon the special advocate.

(5) The parties and, where relevant, any special advocate must file and serve any further evidence, including witness statements, written submissions or skeleton arguments as directed by the court.

Modification of Part 52 (appeals)

79.13

Part 52 (appeals) applies to an appeal to the Court of Appeal against an order of the High Court in financial restrictions proceedings and sanctions proceedings, subject to—

(a) rule 79.2; and

(b) Section 4 of this Part.

Service of appellant’s notice on special advocate

79.14

The appellant must serve a copy of the appellant’s notice on any special advocate.

SECTION 3 — APPEALS IN RELATION TO DESIGNATIONS UNDER THE 2010 ACT

Scope of this Section

79.14A

This section applies to an appeal under section 26 of the 2010 Act (appeals to the court in relation to designations) in relation to designations and variations, revocation and renewal, of those designations.

Modification of Part 52 (appeals)

79.14B

(1) Part 52 (appeals) applies to an appeal under section 26 of the 2010 Act subject to—

(a) rule 79.2;

(b) Section 4 of this Part; and

(2) Rule 52.2 (parties to comply with Practice Directions 52A to 52E) apply, but the parties are not required to comply with paragraphs 5.1 to 5.3 of Practice Direction 52A and paragraphs 6.3 to 6.6 of Practice Direction 52B.

Appellant’s notice

79.14C

(1) The appellant’s notice must set out the details of—

(a) the interim or final designation;

(b) how the appellant is affected by the interim or final designation; and

(2) The appellant must file and serve the following documents with the appellant’s notice—

(a) a copy of the written notice of the interim or final designation; and

(b) any evidence, including witness statements in support of the appeal.

(Practice Direction 52 contains details about the filing and service of the appellant’s notice for statutory appeals.)

Appeals to the Court of Appeal

79.14D

(1) Part 52 (appeals) applies to an appeal to the Court of Appeal against an order of the High Court under this Section subject to—

(a) rule 79.2;

(b) Section 4 of this Part; and

(2) The appellant must serve a copy of the appellant’s notice on any special advocate.

SECTION4 — GENERAL PROVISIONS APPLICABLE TO SECTIONS 2 AND 3 OF THIS PART

Scope of this Section

79.15

This Section applies to all proceedings specified in Sections 2 and 3 of this Part.

Where to make an application

79.15A

An application under Section 2 and an appeal under Section 3 of this Part must be started and heard in the Administrative Court.

Notification of hearing

79.16

Unless the court orders otherwise, the court will serve any notice of the date, time and place fixed for a hearing on—

(a) every party, whether or not a party is entitled to attend that hearing; and

(b) if one has been appointed for the purposes of the proceedings, the special advocate or those instructing the special advocate.

Hearings

79.17

(1) All proceedings to which Section 2 or 3 of this Part applies must be determined at a hearing except where—

(a) the claimant withdraws the claim or application;

(b) the appropriate Minister consents to the claim or application being allowed;

(d) the respondent to the appeal consents to the appeal being allowed; or

(e) the parties agree to a determination without a hearing.

(2) Where the court considers it necessary for a party other than the appropriate Minister and that party’s legal representative to be excluded from a hearing or part of a hearing in order to secure that information is not disclosed contrary to the public interest, the court will—

(a) direct accordingly; and

(b) conduct the hearing, or that part of it from which the party and that party’s legal representative are excluded, in private but attended by a special advocate to represent the interests of the excluded party.

Appointment of a special advocate

79.18

(1) Subject to paragraph (2), the appropriate Minister must immediately give notice of the proceedings to the Attorney General—

(a) upon being served with any claim form, application notice or appeal notice; or

(b) where the appropriate Minister intends to file an appeal notice,

in proceedings to which Section 2 or 3 of this Part applies.

(2) Paragraph (1) applies unless—

(a) the appropriate Minister does not intend to—

(i) oppose the claim, application or appeal; or

(ii) apply for permission to withhold closed material from a party and that party’s legal representative; or

(b) a special advocate has already been appointed to represent the interests of a party other than the appropriate Minister and that special advocate is not prevented from communicating with that party by virtue of rule 79.20.

(3) Where any proceedings to which Section 2 or 3 of this Part applies are pending but no special advocate has been appointed, any party may request the Attorney General to appoint a special advocate.

Function of a special advocate

79.19

The function of a special advocate is to represent the interests of a party other than the appropriate Minister by, for example—

(a) making submissions to the court at any hearing from which the party and that party’s legal representative are excluded;

(b) adducing evidence and cross-examining witnesses at such a hearing;

(d) making written submissions to the court.

Special advocate: communicating about proceedings

79.20

(1) The special advocate may communicate with the specially represented party or that party’s legal representative at any time before the appropriate Minister serves closed material on the special advocate.

(2) After the appropriate Minister serves closed material on the special advocate, the special advocate must not communicate with any person about any matter connected with the proceedings, except in accordance with paragraph (3) or a direction of the court pursuant to a request under paragraph (4).

(3) The special advocate may, without directions from the court, communicate about the proceedings with—

(a) the court;

(b) the appropriate Minister and any persons acting for the appropriate Minister;

(d) any other person, except for—

(i) the specially represented party and that party’s legal representative; and

(ii) any other party to the proceedings (other than the appropriate Minister ) and that party’s legal representative,

with whom it is necessary for administrative purposes for the special advocate to communicate about matters not connected with the substance of the proceedings.

(4) The special advocate may request directions from the court authorising the special advocate to communicate with the specially represented party or that party’s legal representative or with any other person.

(5) Where the special advocate makes a request for directions under paragraph (4)—

(a) the court will notify the appropriate Minister of the request; and

(b) the appropriate Minister must, within a period specified by the court, file and serve on the special advocate notice of any objection which the appropriate Minister has to the proposed communication, or to the form in which it is proposed to be made.

(6) Paragraph (2) does not prohibit the specially represented party from communicating with the special advocate after the appropriate Minister has served closed material on the special advocate as mentioned in paragraph (1), but—

(a) that party may only communicate with the special advocate through a legal representative in writing; and

(b) the special advocate must not reply to the communication other than in accordance with directions given by the court, except that the special advocate may without such directions send a written acknowledgment of receipt to the specially represented party’s legal representative.

Consideration of the appropriate Minister’s objection

79.21

(1) Where the appropriate Minister objects under rule 79.20(5)(b) to a proposed communication by the special advocate or to the form in which it is proposed to be made the court will fix a hearing for the appropriate Minister and the special advocate to make oral representations, unless—

(a) the special advocate gives notice to the court that the special advocate does not challenge the objection;

(b) the court —

(i) has previously considered an objection under rule 79.20(5)(b) to the same or substantially the same communication; and

(ii) is satisfied that it would be just to uphold or dismiss that objection without a hearing; or

(2) If the special advocate does not challenge the objection, the special advocate must give notice of that fact to the court and to the appropriate Minister —

(a) within 14 days after the appropriate Minister serves on the special advocate a notice under rule 79.20(5)(b); or

(b) within such other period as the court may direct.

(3) Where the court fixes a hearing under paragraph (1)—

(a) the special advocate may file with the court and serve on the appropriate Minister a reply to the appropriate Minister’s objection;

(b) the appropriate Minister may file with the court and serve on the special advocate a response to the special advocate’s reply; and

(c) the appropriate Minister and the special advocate must file with the court at least 7 days before the hearing a schedule identifying the issues which cannot be agreed between them and which must—

(i) give brief reasons for their contentions on each issue in dispute; and

(ii) set out any proposals for the court to resolve the issues in dispute.

(4) A hearing under this rule must take place in the absence of the specially represented party and that party’s legal representative.

Modification of the general rules of evidence and disclosure

79.22

(1) Part 31 (disclosure and inspection of documents), Part 32 (evidence) and Part 33 (miscellaneous rules about evidence) do not apply to any proceedings to which Section 2 or 3 of this Part applies.

(2) Subject to the other rules in Section 2, 3 and this Section of this Part and to any directions of the court, the evidence of a witness may be given either—

(a) orally before the court; or

(b) in a witness statement.

(3) The court may also receive evidence in documentary or any other form.

(4) A party is entitled to adduce evidence and to cross-examine witnesses during any part of a hearing from which a party and that party’s legal representative are not excluded.

(4A) A special advocate is entitled to adduce evidence and to cross-examine witnesses.

(5) The court may require a witness to give evidence on oath or by affirmation.

Search for, filing of and service of material

79.23

(1) A party (the disclosing party) must—

(a) make a reasonable search for material relevant to the matters under consideration in the proceedings to which Section 2 or 3 of this Part applies; and

(b) file and serve on the other party and any special advocate material other than closed material—

(i) on which the disclosing party relies;

(ii) which adversely affects the disclosing party’s case; or

(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iv) which supports the other party’s case.

(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The factors relevant in deciding the reasonableness of a search under paragraph (1)(a) include—

(a) the amount of material involved;

(b) the nature and complexity of the proceedings;

(d) the ease and expense of retrieval of any material; and

(e) the significance of any material which is likely to be located during the search.

(3) The duty to search for, file and serve material under paragraph (1) continues until the proceedings to which Section 2 or 3 of this Part applies have been determined.

(4) Where material, other than closed material, to which the duty under paragraph (1) extends comes to a party’s attention before the proceedings to which Section 2 or 3 of this Part applies have been determined, that party must immediately—

(a) file it with the court;

(b) serve it on the other party; and

Redacted material

79.24

Where the appropriate Minister serves on another party any evidence (including a witness statement) or material which has been redacted on grounds other than those of legal professional privilege, the appropriate Minister must—

(a) notify the party that the evidence or material has been redacted and on what grounds it has been redacted;

(b) file the evidence or material with the court in an unredacted form together with an explanation of the redaction.

Application to withhold closed material

79.25

(1) The appropriate Minister—

(a) must apply to the court for permission to withhold closed material from another party and that party’s legal representative in accordance with this rule; and

(b) may not rely on closed material at a hearing unless a special advocate has been appointed and attends the hearing to represent the interests of that party.

(2) The appropriate Minister must file with the court and serve, at such time as the court directs, on the special advocate—

(a) the closed material;

(b) a statement of the reasons for withholding that material from the specially represented party; and

(c) if the appropriate Minister considers it possible to summarise that material without disclosing information contrary to the public interest, a summary of that material in a form which can be served on the specially represented party or that party’s legal representative.

(3) Where the appropriate Minister serves on the special advocate any closed material which has been redacted on grounds other than those of legal professional privilege—

(a) the appropriate Minister must file with the court the material in an unredacted form together with an explanation of the redactions; and

(b) the court will give a direction to the appropriate Minister as to what may be redacted and what, if any, must be served on the special advocate in an unredacted form.

(4) The appropriate Minister may at any time amend or supplement material filed under this rule, but only with—

(a) the agreement of the special advocate; or

(b) the permission of the court.

Consideration of the appropriate Minister’s application

79.26

(1) Where the appropriate Minister applies in accordance with rule 79.25 for permission to withhold closed material the court will fix a hearing for the appropriate Minister and the special advocate to make oral representations, unless—

(a) the special advocate gives notice to the court that the special advocate does not challenge the application;

(b) the court—

(i) has previously considered an application for permission to withhold the same or substantially the same material; and

(ii) is satisfied that it would be just to give permission without a hearing; or

(2) If the special advocate does not challenge the application, the special advocate must give notice of that fact to the court and to the appropriate Minister—

(a) within 14 days after the appropriate Minister serves on the special advocate the material under rule 79.25(2); or

(b) within such other period as the court may direct.

(3) Where the court fixes a hearing under paragraph (1)—

(a) the special advocate may file with the court and serve on the appropriate Minister a reply to the appropriate Minister’s application;

(b) the appropriate Minister may file with the court and serve on the special advocate a response to the special advocate’s reply; and

(c) the appropriate Minister and the special advocate must file with the court at least 7 days before the hearing a schedule identifying the issues which cannot be agreed between them and which must—

(i) give brief reasons for their contentions on each issue in dispute; and

(ii) set out any proposals for the court to resolve the issues in dispute.

(4) A hearing under this rule must take place in the absence of the specially represented party and that party’s legal representative.

(5) The court will give permission to the appropriate Minister to withhold closed material where it considers that disclosure of that material would be contrary to the public interest.

(6) Where the court gives permission to the appropriate Minister to withhold closed material, the court will—

(a) consider whether to direct the appropriate Minister to serve a summary of that material on the specially represented party or that party’s legal representative; but

(b) ensure that such a summary does not contain material, the disclosure of which would be contrary to the public interest.

(7) Where the court does not give permission to the appropriate Minister to withhold closed material from, or directs the appropriate Minister to serve a summary of that material on, the specially represented party or that party’s legal representative—

(a) the appropriate Minister is not required to serve that material or summary; but

(b) if the appropriate Minister does not do so, at a hearing on notice, the court may—

(i) where it considers that the material or anything that is required to be summarised might adversely affect the appropriate Minister’s case or supports the case of the specially represented party, direct that the appropriate Minister must not rely on such material in the appropriate Minister’s case, or must make such concessions or take such other steps, as the court may specify; or

(ii) in any other case, direct that the appropriate Minister does not rely on the material or (as the case may be) on that which is required to be summarised.

Failure to comply with directions

79.27

(1) Where a party or special advocate fails to comply with a direction of the court, the court may serve on that party or the special advocate a notice which states—

(a) the respect in which that party or special advocate has failed to comply with the direction;

(b) a time limit for complying with the direction; and

(c) that the court may proceed to determine the proceedings before it, on the material available to it, if the party or special advocate fails to comply with the relevant direction within the time specified.

(2) Where a party or special advocate fails to comply with such a notice, the court may proceed in accordance with paragraph (1)(c).

Judgments

79.28

(1) When the court gives judgment in any proceedings to which Section 2 or 3 of this Part applies, it may withhold all or some of its reasons if and to the extent that it is not possible to give reasons without disclosing information contrary to the public interest.

(2) Where the judgment of the court does not include the full reasons for its decision, the court will serve on the appropriate Minister and the special advocate a separate written judgment including those reasons.

(3) Where the court serves a separate written judgment under paragraph (2), the special advocate may apply to the court to amend that judgment and the judgment under paragraph (1) on the grounds that the separate written judgment under paragraph (2) contains material not in the judgment under paragraph (1) the disclosure of which would not be contrary to the public interest.

(4) The special advocate must serve a copy of the application under paragraph (3) on the appropriate Minister.

(5) The court will give the special advocate and the appropriate Minister an opportunity to file written submissions and may determine the application with or without a hearing.

Application by appropriate Minister for reconsideration of order, direction or judgment

79.29

(1) This rule applies where the court proposes, in any proceedings to which Section 2 or 3 of this Part applies, to serve on a party other than the appropriate Minister —

(a) notice of any order or direction made or given in the absence of the appropriate Minister; or

(b) any written judgment.

(2) Before the court serves any such notice or judgment on a party other than the appropriate Minister, it will first serve notice on the appropriate Minister of its intention to do so.

(3) the appropriate Minister may, within 5 days of being served with notice under paragraph (2), apply to the court to reconsider the terms of the order or direction or to review the terms of the proposed judgment if the appropriate Minister considers—

(a) the appropriate Minister’s compliance with the order or direction; or

(b) the notification to another party of any matter contained in the judgment, order or direction,

would cause information to be disclosed contrary to the public interest.

(4) Where the appropriate Minister makes an application under paragraph (3), the appropriate Minister must at the same time serve on a special advocate, if one has been appointed—

(a) a copy of the application;

(b) a copy of the relevant document referred to in paragraph (1)(a) or (b); and

(5) If a special advocate has been appointed, rule 79.26 (except for paragraphs (6) and (7)) will apply with any necessary modifications to the consideration of an application under paragraph (3) of this rule.

(6) The court will not serve notice on a party other than the appropriate Minister as mentioned in paragraph (1) before the time for the appropriate Minister to make an application under paragraph (3) has expired.

Supply of court documents

79.30

Unless the court directs otherwise, rule 5.4 (Register of Claims), rule 5.4B (Supply of documents from court records – a party) and rule 5.4C (Supply of documents from court records – a non-party) do not apply to any proceedings to which Section 2 or 3 of this Part applies or to any document relating to such proceedings.

SECTION5 — NOTIFICATION ORDERS

Applications for a notification order

79.31

(1) An application for a notification order under Schedule 4 to the 2008 Act must be made in accordance with Part 8.

(2) Where the defendant wishes to serve a notice under paragraph 2(4) of Schedule 4 to the 2008 Act, the defendant must file and serve the notice with an acknowledgment of service not more than 14 days after service of the claim form.

Part 80 — Proceedings under the Terrorism Prevention and Investigation Measures Act 2011and Part 2 of the National Security Act 2023

Contents of this Part
1 APPLICATION OF THIS PART
Scope and interpretation	80.1
Modification to the overriding objective	80.2

2 PERMISSION APPLICATIONS, REFERENCES AND APPEALS TO THE HIGH COURT RELATING TO TPIM NOTICES AND PART 2 NOTICES
Scope of this section	80.3
Application for permission to impose measures	80.4
Reference of measures imposed without permission	80.5
Directions for hearing on an application for permission or on a reference	80.6
Appeals under section 16 of the TPIM Act or section 53 of the National Security Act	80.7
Modification of Part 52 (appeals)	80.8
Notice of appeal	80.9
Time limit for appealing	80.10
Secretary of State’s reply	80.11

3 APPEALS TO THE COURT OF APPEAL
Modification of Part 52 (appeals)	80.12

4 GENERAL PROVISIONS
Scope of this section	80.13
Address for filing proceedings	80.14
Applications for anonymity	80.15
Notification of hearing	80.16
Hearings	80.17
Hearings in private	80.18
Appointment of a special advocate	80.19
Functions of a special advocate	80.20
Special advocate: communicating about proceedings	80.21
Modification of the general rules of evidence and disclosure	80.22
Filing and service of relevant material	80.23
Closed material	80.24
Consideration of Secretary of State’s objection or application	80.25
Order of filing and serving material and written submissions	80.26
Failure to comply with directions	80.27
Judgments	80.28
Application by Secretary of State for reconsideration of decision	80.29
Supply of court documents	80.30

SECTION1 — Application of this Part

Scope and interpretation

80.1

(1) This Part contains rules about—

(a) TPIM proceedings and relevant proceedings in the High Court, and

(b) appeals to the Court of Appeal against an order of the High Court in such proceedings.

(2) In the case of proceedings brought by virtue of section 17(2) of the TPIM Act or section 53(2) of the National Security Act, the rules in this Part shall apply with any modification the court considers necessary.

(3) In this Part—

(a) “the TPIM Act” means the Terrorism, Prevention and Investigation Measures Act 2011 and “the National Security Act” means the National Security Act 2023;

(b) “closed material” means any relevant material that the Secretary of State objects to disclosing to a relevant party on the grounds that it is contrary to the public interest;

(c) “extension notice” means a notice issued under section 5(2) of the TPIM Act, extending a TPIM notice , or (as the case may be) section 41(2) of the National Security Act extending a Part 2 notice;

(d) “legal representative” is to be construed in accordance with paragraph 4(4)(b) of Schedule 4 to the TPIM Act or (as the case may be) of Schedule 10 to the National Security Act;

(e) “measures” means terrorism prevention and investigation measures (which has the same meaning as in section 2 of the TPIM Act) or (as the case may be) prevention and investigation measures (which has the same meaning as in section 39(2) of the National Security Act);

(f) “open material” means any relevant material that the Secretary of State does not object to disclosing to a relevant party on the grounds that it is contrary to the public interest;

(fa) “Part 2 notice” has the same meaning as in section 39(1) of the National Security Act;

(fb) “Part 2 subject” means an individual on whom the Secretary of State has imposed, or is proposing to impose, measures by means of a Part 2 notice;

(g) “relevant material” means the material described in paragraph 3(1)(a) to (c) of Schedule 4 to the TPIM Act or (as the case may be) of Schedule 10 to the National Security Act;

(h) “relevant party” means any party to the proceedings other than the Secretary of State;

(ha) “relevant proceedings” has the same meaning as in section 62(1) of the National Security Act;

(i) “revival notice” means a notice issued under section 13(6) of the TPIM Act, reviving a TPIM notice , or (as the case may be) under section 49(6) of the National Security Act, reviving a Part 2 notice;

(j) “special advocate” means a person appointed under paragraph 10(1) of Schedule 4 to the TPIM Act or of Schedule 10 to the National Security Act;

(k) “TPIM notice” has the same meaning as in section 2(1) of the TPIM Act;

(l) “TPIM proceedings” has the same meaning as in section 30(1) of the TPIM Act;

(m) “TPIM subject” means an individual on whom the Secretary of State has imposed, or is proposing to impose, measures by means of a TPIM notice;

(n) “variation notice” means a notice issued under section 12(1)(c) of the TPIM Act, varying the TPIM notice without the individual’s consent , or (as the case may be) under section 48(1)(c) of the National Security Act, varying the Part 2 notice without the individual’s consent.

(4) For the purposes of this Part, disclosure is contrary to the public interest if it is made contrary to the interests of national security, the international relations of the United Kingdom or the detection and prevention of crime, or in any other circumstances where disclosure is likely to harm the public interest.

Modification to the overriding objective

80.2

(1) Where this Part applies, the overriding objective in Part 1, and so far as relevant any other rule, must be read and given effect in a way which is compatible with the duty set out in paragraph (2).

(2) The court must ensure that information is not disclosed contrary to the public interest.

(3) Subject to paragraph (2), the court must satisfy itself that the material available to it enables it properly to determine proceedings.

SECTION2 — Permission Applications, References and Appeals to the High Court Relating to TPIM Notices and Part 2 Notices

Scope of this section

80.3

This section contains rules about—

(a) applications under section 6(1)(b) of the TPIM Act or section 42(1)(b) of the National Security Act (application for permission to impose measures);

(b) references under paragraph 3(1) of Schedule 2 to the TPIM Act or of Schedule 8 to the National Security Act (reference of the imposition of measures imposed without permission); and

(c) appeals to the High Court under section 16 of the TPIM Act (appeals relating to a TPIM notice) or section 52 of the National Security Act (appeals relating to a Part 2 notice).

Application for permission to impose measures

80.4

An application under section 6(1)(b) of the TPIM Act or section 42(1)(b) of the National Security Act for permission to impose measures must be made by the Secretary of State filing with the court—

(a) a statement of reasons to support the application;

(b) any relevant material of which the Secretary of State is aware at that stage;

(d) the proposed TPIM or Part 2 notice.

Reference of measures imposed without permission

80.5

A reference under paragraph 3(1) of Schedule 2 to the TPIM Act or of Schedule 8 to the National Security Act of the imposition of measures imposed without permission is made by the Secretary of State filing with the court—

(a) a statement of reasons for imposing measures and for imposing the measures specified in the TPIM notice or Part 2 notice;

(b) any relevant material of which the Secretary of State is aware at that stage;

(d) the TPIM notice or Part 2 notice.

Directions for hearing on an application for permission or on a reference

80.6

(1) If the court gives permission on an application under section 6(1)(b) of the TPIM Act or section 42(1)(b) of the National Security Act, or confirms a TPIM notice on a reference under paragraph 3(1) of Schedule 2 to the TPIM Act or a Part 2 notice on a reference under paragraph 3(1) of Schedule 8 to the National Security Act, the court must give directions for a directions hearing at which the TPIM subject or Part 2 subject, the TPIM subject’s or Part 2 subject’s legal representative, the special advocate (if one has been appointed) and the Secretary of State’s legal representative may be present.

(2) In a case where permission is given (following an application under section 6(1)(b) of the TPIM Act or section 42(1)(b) of the National Security Act), the date to be fixed for the directions hearing must, unless the court otherwise directs, be no later than 7 days after the date on which the TPIM notice is served on the TPIM subject or the Part 2 notice is served on the Part 2 subject.

(3) In a case where the TPIM notice or Part 2 notice is confirmed (following a reference under paragraph 3(1) of Schedule 2 to the TPIM Act or paragraph 3(1) of Schedule 8 to the National Security Act), the date to be fixed for the directions hearing must, unless the court otherwise directs, be no later than 7 days after the date on which the court confirms the TPIM notice or Part 2 notice.

(4) At the directions hearing, the court must give directions—

(a) for a review hearing under section 9(1) of the TPIM Act or (as the case may be) section 45(1) of the National Security Act; and

(b) specifying a date and time by which the parties and special advocate must file and serve any written evidence or written submissions in accordance with rule 80.26.

(5) When giving directions under paragraph (4), the court must have regard to the need to expedite the review hearing.

(Rules 80.24 and 80.25 will apply where any closed material is filed by the Secretary of State).

Appeals under section 16 of the TPIM Act or section 52 of the National Security Act

80.7

Rules 80.8 to 80.11 apply to an appeal under section 16 of the Act (appeals relating to a TPIM notice) or section 52 of the National Security Act (appeals relating to a Part 2 notice).

Modification of Part 52 (appeals)

80.8

(1) Part 52 (appeals) applies to an appeal under section 16 of the TPIM Act or section 52 of the National Security Act, subject to—

(a) rule 80.2;

(b) the rules in section 4 of this Part; and

(2) The following rules do not apply to appeals under section 16 of the TPIM Act or section 52 of the National Security Act—

(a) rules 52.3, 52.4 and 52.6 (permission);

(b) rule 52.12 (appellant’s notice);

(d) rule 52.21 (hearing of appeals).

(3) Rule 52.2 (all parties to comply with Practice Directions 52A to 52E) apply, but the parties shall not be required to comply with paragraphs 5.1 to 5.3 of Practice Direction 52A and paragraphs 6.3 to 6.6 of Practice Direction 52B.

Notice of appeal

80.9

(1) The TPIM or Part 2 subject must give notice of appeal by—

(a) filing a notice of appeal with the court; and

(b) serving a copy of that notice and any accompanying documents on the Secretary of State.

(2) The notice of appeal must—

(a) set out the grounds of the appeal; and

(b) state the name and address of—

(i) the TPIM or Part 2 subject, and

(ii) the TPIM or Part 2 subject’s legal representative (if any).

(3) A notice of appeal may include an application under rule 80.15 for an order requiring anonymity for the TPIM or Part 2 subject.

(4) The notice of appeal must be filed with a copy of the TPIM or Part 2 notice imposing measures on the TPIM or Part 2 subject and (as relevant)—

(a) a copy of the extension notice, revival notice or variation notice that is the subject of the appeal;

(b) a copy of the application to the Secretary of State—

(i) for permission in connection with a measure specified in the TPIM or Part 2 notice,

(ii) for the revocation of the TPIM or Part 2 notice, or

(iii) for the variation of a measure specified in the TPIM or Part 2 notice;

(Attention is drawn to rule 80.14(1) relating to the address for issuing proceedings in the High Court).

Time limit for appealing

80.10

(1) Subject to paragraph (2), the TPIM or Part 2 subject must give notice of appeal no later than 28 days after receiving—

(a) the extension notice, revival notice or variation notice that is the subject of the appeal; or

(b) notice of the Secretary of State’s decision on an application for permission in connection with a measure specified in the TPIM or Part 2 notice, for the revocation of the TPIM or Part 2 notice or for the variation of a measure specified in the TPIM or Part 2 notice.

(2) In a case where the Secretary of State has failed to determine an application for permission in connection with a measure specified in the TPIM or Part 2 notice, for the revocation of the TPIM or Part 2 notice or for the variation of a measure specified in the TPIM or Part 2 notice, the TPIM or Part 2 subject must file the notice of appeal—

(a) no earlier than 28 days, and

(b) no later than 42 days,

after the date on which the Secretary of State received the application.

Secretary of State’s reply

80.11

If the Secretary of State wishes to oppose an appeal, the Secretary of State must, no later than 14 days after being served with the notice of appeal—

(a) file with the court—

(i) any relevant material of which the Secretary of State is aware at that stage; and

(ii) any written submissions; and

(b) serve on the TPIM or Part 2 subject any open material.

SECTION3 — Appeals to the Court of Appeal

Modification of Part 52 (appeals)

80.12

(1) Part 52 (appeals) applies to an appeal to the Court of Appeal against an order of the High Court in TPIM proceedings or relevant proceedings, subject to—

(a) rule 80.2;

(b) the rules in section 4 of this Part; and

(2) The following rules do not apply to appeals to the Court of Appeal—

(a) rule 52.12(1) (appellant’s notice); and

(b) rule 52.13 (respondent’s notice), but

the provisions of rules 80.9 and 80.11 shall apply with appropriate modifications.

(3) Rule 52.2 (all parties to comply with Practice Directions 52A to 52E) apply, but the parties shall not be required to comply with paragraphs 6.3 to 6.6 of Practice Direction 52B and paragraph 28 of Practice Direction 52C.

SECTION 4 — General Provisions

Scope of this section

80.13

This section applies to—

(a) TPIM proceedings or relevant proceedings in the High Court; and

(b) appeals to the Court of Appeal against an order of the High Court in such proceedings.

Address for filing proceedings

80.14

(1) Any TPIM proceedings or relevant proceedings must be filed at the Administrative Court Office, Room C315, Royal Courts of Justice, Strand, London, WC2A 2LL.

(2) Any appeals to the Court of Appeal against an order of the High Court in such proceedings must be filed at the Civil Appeals Office, Room E307, Royal Courts of Justice, Strand, London, WC2A 2LL.

Applications for anonymity

80.15

(1) The TPIM or Part 2 subject or the Secretary of State may apply for an order requiring anonymity for the TPIM or Part 2 subject.

(2) An application under paragraph (1) may be made at any time, irrespective of whether any TPIM proceedings or relevant proceedings have been commenced.

(3) An application may be made without notice to the other party.

(4) The reference in this rule to an order requiring anonymity for the TPIM or Part 2 subject is to be construed in accordance with paragraph 6(3) of Schedule 4 to the TPIM Act or of Schedule 10 to the National Security Act.

Notification of hearing

80.16

Unless the court directs otherwise, it will serve notice of the date, time and place fixed for any hearing on—

(a) every party, whether or not entitled to attend that hearing; and

(b) if one has been appointed for the purposes of the hearing, the special advocate or those instructing the special advocate.

Hearings

80.17

(1) The following proceedings must be determined at a hearing—

(a) a review hearing under section 9(1) of the TPIM Act or section 45(1) of the National Security Act (review hearing);

(b) an appeal under section 16 of the TPIM Act (appeals relating to a TPIM notice) or section 52 of the National Security Act (appeals relating to a Part 2 notice);

(c) an appeal to the Court of Appeal from an order of the High Court made in the proceedings mentioned in sub-paragraph (a) or (b) above; and

(d) a hearing under rule 80.25(2) (consideration of the Secretary of State’s objection or application).

(2) Paragraph (1)(a) does not apply where the court discontinues the review hearing in accordance with section 9(3) of the TPIM Act or section 45(3) of the National Security Act.

(3) Paragraph (1)(b) does not apply where—

(a) the appeal is withdrawn by the TPIM or Part 2 subject;

(b) the Secretary of State consents to the appeal being allowed; or

(c) the TPIM or Part 2 subject is outside the United Kingdom or it is impracticable to give the TPIM or Part 2 subject notice of a hearing and, in either case, the TPIM or Part 2 subject is unrepresented.

(4) Paragraph (1)(c) does not apply where—

(a) the Court of Appeal grants a request by the appellant to dismiss the appeal;

(b) the Court of Appeal allows the appeal with consent; or

Hearings in private

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.