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The Civil Procedure Rules 1998

Type Statutory-Instrument

Publication 1998-12-10

Last updated 2026-10-02

State In force

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Source legislation.gov.uk

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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

(b) Section III relates to the procedure for making claims to controlled goods;

(d) Section V relates to the procedure for a debtor making a claim to exempt goods;

(e) Section VI relates to the powers of the court hearing any application under this Part.

(2) The rules in this Part apply where—

(a) a person makes an application to the court claiming that goods of which control has been taken belong to that person and not to the debtor;

(b) a person makes an application to the court claiming that goods, money or chattels taken or intended to be taken under a writ of execution or the proceeds or value of such goods or chattels belong to that person and not to the debtor; and

(c) a debtor, whose goods have been made subject to an enforcement power under an enactment, writ or warrant of control or have been taken or are intended to be taken under a writ of execution, claims that such goods or any of them are exempt goods.

Interpretation

85.2

(1) In this Part—

(a) “the Act” means the Tribunals, Courts and Enforcement Act 2007;

(b) “claim to controlled goods” is a claim made under paragraph 60(1) of Schedule 12;

(c) “a claim to exempt goods” means a claim by a debtor whose goods have been subject to an enforcement power under an enactment, writ or warrant of control or the right to execute conferred by a writ of execution, that such goods are exempt goods;

(d) “claimant to controlled goods” means any person making a claim to controlled goods;

(e) “claimant to executed goods” means any person making a claim to executed goods;

(f) “the court” has the meaning given in paragraph 60(8) of Schedule 12, in respect of a claim to controlled goods;

(g) “debtor’s home court” means the Central Office or District Registry of the High Court or the County Court hearing centre serving the address where the debtor resides or carries on business;

(h) “enforcement agent” has the meaning given in paragraph 2(1) of Schedule 12;

(i) “enforcement officer” means an individual who is authorised to act as an enforcement officer under the Courts Act 2003;

(j) “executed goods” means goods subject to a writ of execution;

(k) “exempt goods” —

(i) in respect of controlled goods has the meaning given in paragraph 3(1) of Schedule 12 and defined in regulations 4 and 5 of the TCG Regulations; and

(ii) in respect of executed goods has the meaning given in paragraph 9(3) of Schedule 7 to the Courts Act 2003;

(l) “goods subject to enforcement” refers to either controlled goods or executed goods;

(m) “relevant enforcement officer” means—

(i) in relation to a writ of execution which is directed to a single enforcement officer, that officer; and

(ii) in relation to a writ of execution which is directed to two or more enforcement officers, the officer to whom the writ is allocated;

(n) “required payments” has the meaning given in paragraph 60(4) of Schedule 12;

(o) “Schedule 12” means Schedule 12 to the Act;

(p) “TCG Regulations” means the Taking Control of Goods Regulations 2013;

(q) “warrant of control” is to be construed in accordance with section 62(4) of the Act;

(r) “writ of control” is to be construed in accordance with section 62(4) of the Act;

(s) “writ of execution” includes—

(i) a writ of possession;

(ii) a writ of delivery;

(iii) a writ of sequestration;

(iv) writs relating to ecclesiastical property, namely—

(aa) a writ of fieri facias de bonis ecclesiasticis;

(bb) a writ of sequestrari de bonis ecclesiasticis,

and any further writ in aid of any such writs, but does not include a writ of control;

(t) the following words or phrases have the meaning given in paragraph 1 of Schedule 12, in respect of a claim to controlled goods—

(i) “creditor”;

(ii) “debt”;

(iii) “debtor”;

(iv) “enforcement power”;

(u) the following words or phrases have the meaning given in paragraph 3(1) of Schedule 12—

(i) “control”;

(ii) “controlled goods”;

(iii) “co-owner”;

(iv) “disposal”;

(v) “interest”;

(vi) “money”;

(vi) “premises”;

(vii) “securities”.

SECTIONII — Mode of Application for Claims under this Part

Mode of application for claims under this Part

85.3

Any claim under this Part must be made by an application in accordance with Part 23.

SECTION III — Procedure for making a claim to controlled goods

Procedure for making a claim to controlled goods

85.4

(1) Any person making a claim under paragraph 60(1) of Schedule 12 must, as soon as practicable but in any event within 7 days of the goods being removed under the exercise of an enforcement power, give notice in writing of their claim to the enforcement agent who has taken control of the goods (“the notice of claim to controlled goods”) and must include in such notice—

(a) their full name and address, and confirmation that such address is their address for service;

(b) a list of all those goods in respect of which they make such a claim; and

(2) On receipt of a notice of claim to controlled goods which complies with paragraph (1) the enforcement agent must within 3 days give notice of such claim to—

(a) the creditor; and

(b) any other person making a claim to the controlled goods under paragraph (1) (“any other claimant to the controlled goods”);

(3) The creditor, and any other claimant to the controlled goods, must, within 7 days after receiving the notice of claim to controlled goods, give notice in writing to the enforcement agent informing them whether the claim to controlled goods is admitted or disputed in whole or in part.

(4) The enforcement agent must notify the claimant to the controlled goods in writing within 3 days of receiving the notice in paragraph (3) whether the claim to controlled goods is admitted or disputed in whole or in part.

(5) A creditor who gives notice in accordance with paragraph (3) admitting a claim to controlled goods is not liable to the enforcement agent for any fees and expenses incurred by the enforcement agent after receipt of that notice by the enforcement agent.

(6) If an enforcement agent receives a notice from a creditor under paragraph (3) admitting a claim to controlled goods the following applies—

(a) the enforcement power ceases to be exercisable in respect of such controlled goods; and

(b) as soon as reasonably practicable the enforcement agent must make the goods available for collection by the claimant to controlled goods if they have been removed from where they were found.

(7) Where the creditor, or any other claimant to controlled goods to whom a notice of claim to controlled goods was given, fails, within the period mentioned in paragraph (3), to give the required notice, the enforcement agent may seek—

(a) the directions of the court by way of an application; and

(b) an order preventing the bringing of any claim against them for, or in respect of, their having taken control of any of the goods or having failed so to do.

Procedure for making a claim to controlled goods where the claim is disputed

85.5

(1) Where a creditor, or any other claimant to controlled goods to whom a notice of claim to controlled goods was given, gives notice under rule 85.4(3) that the claim to controlled goods, or any part of it, is disputed, and wishes to maintain their claim to the controlled goods, the following procedure will apply.

(2) The claimant to controlled goods must make an application which must be supported by—

(a) a witness statement—

(i) specifying any money;

(ii) describing any goods claimed; and

(iii) setting out the grounds upon which their claim to the controlled goods is based; and

(b) copies of any supporting documents that will assist the court to determine the claim.

(3) In the High Court the claimant to controlled goods must serve the application notice and supporting witness statements and exhibits on—

(a) the creditor;

(b) any other claimant to controlled goods of whom the claimant to controlled goods is aware; and

(4) In the County Court when the application is made the claimant to controlled goods must provide to the court the addresses for service of—

(a) the creditor;

(b) any other claimant to controlled goods of whom the claimant to controlled goods is aware; and

(“the respondents”), and the court will serve the application notice and any supporting witness statement and exhibits on the respondents.

(5) An application under paragraph (2) must be made to the court which issued the writ or warrant conferring power to take control of the controlled goods, or, if the power was conferred under an enactment, to the debtor’s home court.

(6) The claimant to controlled goods must make the required payments on issue of the application in accordance with paragraph 60(4)(a) of Schedule 12, unless such claimant seeks a direction from the court that the required payment be a proportion of the value of the goods, in which case they must seek such a direction immediately after issue of the application, on notice to the creditor and to the enforcement agent.

(7) The application notice will be referred to a Master or District Judge.

(8) On receipt of an application for a claim to controlled goods, the Master or District Judge may—

(a) give directions for further evidence from any party;

(b) list a hearing to give directions;

(d) determine the amount of the required payments, make directions or list a hearing to determine any issue relating to the amount of the required payments or the value of the controlled goods;

(e) stay, or dismiss, the application if the required payments have not been made;

(f) make directions for the retention, sale or disposal of the controlled goods;

(g) give directions for determination of any issue raised by a claim to controlled goods.

SECTIONIV — Procedure for making a Claim against Executed Goods

Procedure for making a claim against executed goods

85.6

(1) A claimant to executed goods must, as soon as practicable but in any event within 7 days of the goods being removed by the enforcement officer, give notice in writing of their claim to the relevant enforcement officer (“the notice of claim to executed goods”) and must include in such notice—

(a) their full name and address, and confirmation that such address is their address for service;

(b) a list of all those goods in respect of which they make such a claim; and

(2) On receipt of a notice of claim to executed goods which complies with paragraph (1) the enforcement officer must within 3 days give notice of such claim to—

(a) the creditor; and

(b) any other person making a claim to the executed goods under paragraph (1) (“any other claimant to the executed goods”).

(3) The creditor, and any other claimant to executed goods, must, within 7 days after receiving the notice of claim to the executed goods, give notice in writing to the enforcement officer informing them whether the claim to the executed goods is admitted or disputed in whole or in part.

(4) The enforcement officer must notify the claimant to executed goods in writing within 3 days of receiving the notice in paragraph (3) whether the claim to executed goods is admitted or disputed in whole or in part.

(5) A creditor who gives notice in accordance with paragraph (3) admitting a claim to executed goods is not liable to the enforcement officer for any fees and expenses incurred by the enforcement officer after receipt of that notice by the enforcement officer.

(6) If an enforcement officer receives a notice from a creditor under paragraph (3) admitting a claim to executed goods the following applies—

(a) the writ of execution ceases to be exercisable in respect of such executed goods; and

(b) as soon as reasonably practicable the enforcement officer must make the goods available for collection by the claimant to executed goods if the enforcement officer has removed the goods from where they were found.

(7) Where the creditor, or any other claimant to executed goods to whom a notice of claim to executed goods was given, fails, within the period mentioned in paragraph (3), to give the required notice, the enforcement officer may seek—

(a) the directions of the court by way of an application; and

(b) an order preventing the bringing of any claim against them for, or in respect of, the seizure of the executed goods or their having failed so to do.

(8) An application under paragraph (7) must be made to the court which issued the writ of execution.

Procedure for making a claim to executed goods where the claim is disputed

85.7

(1) Where a creditor, or any other claimant to executed goods to whom a notice of claim to executed goods was given, gives notice under rule 85.6(3) that the claim to executed goods, or any part of it, is disputed, and wishes to maintain their claim, the following procedure will apply.

(2) The claimant to executed goods must make an application by application notice which must be supported by—

(a) a witness statement—

(i) specifying any money;

(ii) describing any goods claimed; and

(iii) setting out the grounds upon which the claim to the executed goods is based; and

(b) copies of any supporting documents that will assist the court to determine the claim.

(3) The claimant to executed goods must serve the application notice and supporting witness statements and exhibits on—

(a) the creditor;

(b) any other claimant to the executed goods of whom they are aware; and

(4) An application under paragraph (2) must be made to the court which issued the writ of execution.

(5) The application notice will be referred to a Master or District Judge of a District Registry.

(6) On receipt of an application for a claim to executed goods, the Master or District Judge may—

(a) give directions for further evidence from any party;

(b) list a hearing to give directions;

(d) make directions for the retention, sale or disposal of the executed goods; and

(e) give directions for determination of any issue raised by a claim to executed goods.

(Rule 83.3(11) provides that the validity of a writ of execution is automatically extended following an application under paragraph (2) until 12 months from the conclusion of the application proceedings.)

SECTIONV — Procedure for a Debtor making a Claim to Exempt Goods

Procedure for a debtor making a claim to exempt goods

85.8

(1) A debtor making a claim to exempt goods must, as soon as practicable and in any event within 7 days of the removal of the goods, give notice in writing of the claim to exempt goods (“notice of claim to exempt goods”) to the enforcement agent who has taken control of the goods or relevant enforcement officer and must include in such notice—

(a) their full name and address and that address is their address for service;

(b) a list of all those goods in respect of which they make such a claim; and

(2) On receipt of a notice of claim to exempt goods, the enforcement agent or relevant enforcement officer must within 3 days give notice of such claim to—

(a) the creditor; and

(b) any other person making a claim under rule 85.4 or 85.6 to the goods subject to enforcement (“any other claimant to the goods subject to enforcement”).

(3) The creditor, and any other claimant to the goods subject to enforcement, must, within 7 days after receiving the notice of claim to exempt goods, give notice in writing to the enforcement agent or relevant enforcement officer informing them whether the claim to exempt goods is admitted or disputed in whole or in part.

(4) The enforcement agent or relevant enforcement officer must notify the debtor in writing within 3 days of receiving the notice in paragraph (3) whether the claim to exempt goods is admitted or disputed in whole or in part.

(5) A creditor who gives notice in accordance with paragraph (3) admitting a claim to controlled goods or to executed goods is not liable to the enforcement agent or officer for any fees and expenses incurred by the enforcement agent or officer after receipt of that notice by the enforcement agent or officer.

(6) If an enforcement agent or relevant enforcement officer receives a notice from a creditor and from any other claimant to the goods subject to enforcement under paragraph (3) admitting a claim to exempt goods the following applies—

(a) the enforcement power ceases to be exercisable, and the right to execute conferred by any writ of execution ceases to have effect, in respect of such exempt goods;

(b) as soon as reasonably practicable the enforcement agent or relevant enforcement officer must make the goods available for collection by the debtor if the enforcement agent or officer has removed them from where they were found.

(7) Where the creditor, or any other claimant to the goods subject to enforcement to whom notice of claim to exempt goods was given, fails, within the period mentioned in paragraph (3), to give the required notice, the enforcement agent or relevant enforcement officer may seek—

(a) the directions of the court by way of an application; and

(b) an order preventing the bringing of any claim against them for, or in respect of, their having taken control of or seized by execution any of the goods or their having failed to do so.

(8) An application under paragraph (7) must be made to the court which issued the writ or warrant conferring power to take control of controlled goods, or the writ of execution or, if the power to take control of controlled goods was conferred under an enactment, to the County Court hearing centre which is the debtor’s home court.

Procedure for making a claim to exempt goods where the claim is disputed

85.9

(1) Where a creditor, or any other claimant to goods subject to enforcement to whom notice of a claim to exempt goods was given, gives notice under rule 85.8 that the claim to exempt goods, or any part of it, is disputed, and wishes to maintain their claim on the goods subject to enforcement, the following procedure will apply.

(2) The debtor must make an application within 7 days of receiving the notice under rule 85.8(3) which must be supported by—

(a) a witness statement—

(i) describing any goods to which a claim to exempt goods is made; and

(ii) setting out the grounds upon which such claim is based; and

(b) copies of any supporting documents that will assist the court to determine such claim.

(3) In the High Court the debtor must serve the application notice and supporting witness statements and exhibits on—

(a) the creditor;

(b) any other claimant to the goods subject to enforcement of whom they are aware; and

(4) In the County Court the debtor must provide to the court when the application is made the addresses for service of—

(a) the creditor;

(b) any other claimant to controlled goods of whom the debtor is aware; and

(“the respondents”), and the court will serve the application notice and supporting witness statements and exhibits on the respondents.

(5) An application under paragraph (2) must be made to the court which issued the writ or warrant conferring power to take control of controlled goods or the writ of execution or if the power to take control of controlled goods was conferred under an enactment, to the debtor’s home court.

(6) The application notice will be referred to a Master or District Judge.

(7) On receipt of an application for a claim to exempt goods, the Master or District Judge may—

(a) give directions for further evidence;

(b) list a hearing to give directions;

(d) make directions for the retention, sale or disposal of the goods subject to the claim to exempt goods;

(e) give directions for determination of any issue raised by the exempt goods claim.

SECTIONVI — Powers of the Court hearing any application under this Part

Directions and determination of claims

85.10

(1) At any hearing of any application under this Part the court may—

(a) determine an application summarily; or

(b) give directions for the determination of any issue raised by such application;

(c) order that any issue between any parties to a claim to goods subject to enforcement be stated and tried, and give all necessary directions for trial;

(d) give directions for the purpose of determining the amount of the required payments or any underpayment of the required payments pursuant to paragraph 60(5) of Schedule 12 and regulation 49 of the TCG Regulations;

(e) summarily determine the amount of the required payments or any underpayment of the required payments pursuant to paragraph 60(5) of Schedule 12 and regulation 49 of the TCG Regulations;

(f) make directions for the retention, sale or disposal of goods subject to enforcement and for the payment of any proceeds of sale; or

(g) make any order that the court considers appropriate.

(2) Where a claimant to goods subject to enforcement or a debtor making a claim to exempt goods does not appear at any hearing listed on the application or, having appeared, fails or refuses to comply with an order made in the proceedings, the court may make an order declaring such claimant, or the debtor, and all persons claiming under them, for ever barred from prosecuting their claim against the creditor or any other claimant to the goods subject to enforcement, but such an order will not affect the rights of any other claimants to the goods subject to enforcement as between themselves.

(3) Where a claimant to goods subject to enforcement alleges that they are entitled, under a bill of sale or otherwise, to the controlled goods or to the executed goods by way of security for debt, the court may order those goods or any part thereof to be sold and may direct that the proceeds of sale be applied in such manner and on such terms as may be just and as may be specified in the order.

(4) Nothing in this rule limits the court’s case management powers to make any other directions permissible under these Rules.

Trial of issue

85.11

(1) Part 39 will, with the necessary modifications, apply to the trial of an issue in an application under this Part as it applies to the trial of a claim.

(2) The court by which an issue is tried may give such judgment or make such order as finally to dispose of all questions arising in the application.

(3) Practice Direction 2B applies to the trial of an issue in an application under this Part.

Costs

85.12

(1) The court may in or for the purposes of any application under this Part make such order as to costs as it thinks just.

(2) Where a claimant to goods subject to enforcement or a debtor in a claim to exempt goods fails to appear at a hearing, the court may direct that the enforcement agent’s or officer’s costs and creditor’s costs will be assessed by a Master, District Judge, Costs judge or Costs officer.

(3) In a claim to controlled goods a debtor may request the court to assess the costs incurred by an enforcement agent, in which case the court will apply the Taking Control of Goods (Fees) Regulations 2014 to such assessment.

(4) In a claim to executed goods a debtor may request the court to assess the costs incurred by an enforcement officer, in which case the court will apply Schedule 3 of the High Court Enforcement Officers Regulations 2004 to such assessment, save in relation to the costs of execution of writs of sequestration and writs relating to ecclesiastical property.

PART 86 — Stakeholder Claims and Applications

86.1	Scope of this Part and interpretation
86.2	Stakeholder application
86.3	Powers of the court hearing a stakeholder application
86.4	Trial of issue
86.5	Costs

Scope of this Part and interpretation

86.1

(1) This Part contains rules which apply where—

(a) a person is under a liability in respect of a debt or in respect of any money, goods or chattels; and

(b) competing claims are made or expected to be made against that person in respect of that debt or money or for those goods or chattels by two or more persons.

(2) In this Part—

(a) “stakeholder” means any person to whom paragraph (1) applies;

(b) “stakeholder application” means an application made under rule 86.2(1).

Stakeholder application

86.2

(1) A stakeholder may make an application to the court for a direction as to whom the stakeholder should—

(a) pay a debt or money; or

(b) give any goods or chattels.

(2) Such application must be made to the court in which an existing claim is pending against the stakeholder, or, if no claim is pending, to the court in which the stakeholder might be sued.

(3) A stakeholder application must be made by Part 8 claim form unless made in an existing claim, in which case it must be made by application notice in accordance with Part 23.

(4) A claim form or application notice under this rule must be supported by a witness statement stating that the stakeholder—

(a) claims no interest in the subject-matter in dispute other than for charges or costs;

(b) does not collude with any of the claimants to that subject-matter; and

(5) The stakeholder must serve the claim form or application notice on all other persons who, so far as they are aware, asserts a claim to the subject matter of the stakeholder application.

(6) A respondent who is served with a claim form or application notice under this rule must within 14 days file at court and serve on the stakeholder a witness statement specifying any money and describing any goods and chattels claimed and setting out the grounds upon which such claim is based.

(7) The claim form or application notice will be referred to a Master or a District Judge.

Powers of court hearing a stakeholder application

86.3

(1) At any hearing in a stakeholder application, the court may—

(a) order that any stakeholder or any claimant to the subject matter of the application be made a defendant in any claim pending with respect to the subject-matter in dispute;

(b) order that an issue between all parties be stated and tried and may direct which of the parties is to be claimant and which defendant, and give all necessary directions for trial;

(d) give directions for the determination of the application summarily or of any issue on the application; or

(e) give directions for the retention, sale or disposal of the subject matter of the application, and for the payment of any proceeds of sale.

(2) Nothing in this rule limits the court’s case management powers to make any other directions permissible under these Rules.

Trial of issue

86.4

(1) Part 39 will, with the necessary modifications, apply to the trial of a preliminary issue directed to be tried in a stakeholder application as it applies to the trial of a claim.

(2) The court by which an issue is tried may give such judgment or make such order as finally to dispose of all questions arising in the stakeholder application.

Costs

86.5

(1) The court may in or for the purposes of any stakeholder application make such order as to costs or any other matter as it thinks just.

(2) Where a respondent fails to appear at the hearing, the court may direct that the stakeholder’s costs shall be summarily assessed.

PART 87 — APPLICATIONS FOR WRIT OF HABEAS CORPUS

Title	Rule number
SECTION 1 – SCOPE AND INTERPRETATION
Scope and interpretation of this Part	Rule 87.1
SECTION 2 – APPLICATIONS TO THE HIGH COURT FOR A WRIT OF HABEAS CORPUS FOR RELEASE
How to make the application for the writ of habeas corpus for release	Rule 87.2
Initial consideration of the application by a judge	Rule 87.3
Initial consideration of the application on paper	Rule 87.4
Consideration of the application at a hearing	Rule 87.5
Order for release: sufficient authority to release detained person	Rule 87.6
Applications involving protected parties	Rule 87.7
Form and directions as to the return to the writ	Rule 87.8
Service of the writ	Rule 87.9
Return to the writ	Rule 87.10
Procedure at hearing of the writ	Rule 87.11
SECTION 3 – WRIT OF HABEAS CORPUS TO GIVE EVIDENCE OR TO ANSWER A CHARGE
Writ of habeas corpus to give evidence or answer a charge	Rule 87.12

SECTION 1 — SCOPE AND INTERPRETATION

Scope and interpretation of this Part

87.1

This Part contains rules about applications to the court as follows —

(a) Section 2 relates to applications for a writ of habeas corpus for release; and

(b) Section 3 relates to applications for a writ of habeas corpus to give evidence or a writ of habeas corpus to answer a charge.

(The Family Procedure Rules 2010 contain rules about applications for a writ of habeas corpus for release in relation to a minor.)

(2) In Sections 2 and 3—

(a) “judge” means a judge of the High Court; and

(b) “court” means the High Court,

unless otherwise specified.

SECTION 2 — APPLICATIONS TO THE HIGH COURT FOR A WRIT OF HABEAS CORPUS FOR RELEASE

How to make the application for a writ of habeas corpus for release

87.2

(1) The applicant must make the application by filing—

(a) a claim form under Part 8; and

(b) a witness statement or affidavit.

(2) The witness statement or affidavit must—

(a) state that the application is made at the instance of the person being detained;

(b) set out the nature of the detention; and

(3) If the detained person is unable to make the witness statement or affidavit, the witness statement or affidavit—

(a) may be made by some other person on behalf of the detained person; and

(b) must state the reason why the detained person is unable to make the witness statement or affidavit.

(4) The claim form must be filed in the Administrative Court.

(5) The application may be made without notice.

(6) In cases of urgency, the judge—

(a) may dispense with the requirement that a claim form must be filed; and

(b) must give directions for the conduct of the application.

Initial consideration of the application by a single judge

87.3

(1) A judge may consider an application under rule 87.2 initially on paper.

(2) If an application has not been considered initially on paper, it must be considered—

(a) by a judge sitting in court, unless rule 87.7 applies; or

(b) if no judge is sitting in court, by a judge otherwise than in court.

Initial consideration of the application on paper

87.4

(1) Where the judge considers the application under rule 87.2 on paper, the judge may—

(a) make an order for the issue of the writ;

(b) adjourn the application to a hearing;

(d) direct that the application continues as an application for permission to apply for judicial review;

(e) give such other directions for resolution of the application as may be appropriate; or

(f) dismiss the application.

(2) Where the judge dismisses a paper application, the applicant may request the decision to be reconsidered at a hearing.

(3) A request under paragraph (2) must be filed within 7 days after service of the order dismissing the application.

(4) The applicant and the respondent must be given at least 2 days’ notice of the hearing date.

Consideration of the application at a hearing

87.5

Where the judge considers the application under rule 87.2 at a hearing, including a hearing ordered under rule 87.4(1)(b) or a hearing requested under rule 87.4(2), the judge may—

(a) make an order for the issue of the writ;

(b) adjourn the application to a further hearing;

(d) direct that the application continues as an application for permission to apply for judicial review;

(e) give such other directions for resolution of the application as may be appropriate;

(f) dismiss the application; or

(g) order that the detained person must be released.

Order for release: sufficient authority to release detained person

87.6

An order made under rule 87.5(g) is sufficient authorisation for a governor of a prison, police officer or other person to release the detained person.

Applications involving protected parties

87.7

Any application made on behalf of a protected party must initially be considered by a judge otherwise than in court.

Form and directions as to the return to the writ

87.8

(1) A writ of habeas corpus for release must be in Practice Form No. 89 ....

(2) A court or judge issuing a writ of habeas corpus for release must give directions as to the court or judge before whom, and the date on which, the writ is returnable.

Service of the writ

87.9

(1) Subject to paragraphs (2) and (3), the applicant must serve the writ of habeas corpus for release personally on the respondent.

(2) If it is not practicable to serve the writ personally, or if the respondent is the governor of a prison or other public official, the applicant must serve the writ by leaving it with an employee or agent of the respondent at the place where the detained person is being held.

(3) If there is more than one respondent named in the writ, the original writ must be served according to this rule on the first-named respondent, and copies must be served on the other respondents.

(4) The court must notify all parties–

(a) of the court or judge before whom, and the date on which, the writ is to be returned to the court; and

(b) that in default of obedience, proceedings for committal of the party disobeying may be taken.

Return to the writ

87.10

(1) The return to a writ of habeas corpus for release must—

(a) be indorsed on or annexed to the writ; and

(b) state all the causes of the detention of the detained person.

(2) The return may be amended, or another return substituted for it, by permission of the court or judge before whom the writ is returnable.

(3) The return must be filed and served upon the applicant in accordance with the directions of the court issuing the writ.

Procedure at hearing of the writ

87.11

At the hearing of the writ an application may be made—

(a) to discharge or remand the detained person; or

(b) to amend or quash the return.

SECTION 3 — WRIT OF HABEAS CORPUS TO GIVE EVIDENCE OR TO ANSWER A CHARGE

Writ of habeas corpus to give evidence or to answer a charge

87.12

(1) An application for a writ of habeas corpus to give evidence or a writ of habeas corpus to answer a charge must be made to a judge and be supported by a witness statement or affidavit.

(2) A writ of habeas corpus to give evidence must be in Practice Form No. 91 ....

(3) A writ of habeas corpus to answer a charge must be in Practice Form No. 92 ....

(4) An application for an order to bring up a prisoner otherwise than by writ of habeas corpus, to give evidence in any criminal or civil proceedings before any court, tribunal or judge, must be–

(a) made to a judge or, in the case of an application for an order under section 57 of the County Courts Act 1984, a judge of the County Court; and

(b) supported by a witness statement or affidavit.

PART 88 — PROCEEDINGS UNDER THE COUNTER-TERRORISM AND SECURITY ACT 2015

	SECTION I APPLICATION OF THIS PART

88.1	Scope and interpretation
88.2	Modification to the overriding objective

	SECTION II PERMISSION APPLICATIONS, REVIEWS AND REFERENCES TO THE HIGH COURT RELATING TO TEMPORARY EXCLUSION ORDERS

88.3	Scope of this Section
88.4	Application for permission to impose a TEO
88.5	Reference of TEO imposed without permission
88.6	Application for review under section 11 of the Act
88.7	Applications (general) and modification of Part 8
88.8	Review applications
88.9	Fixing of directions hearing date
88.10	Service of the claim form and accompanying documents
88.11	Acknowledgment of service
88.12	Directions hearing
88.13	Response by the Secretary of State
88.14	Filing and service of evidence

	SECTION III APPEALS TO THE COURT OF APPEAL

88.15	Modification of Part 52 (appeals)

	SECTION IV GENERAL PROVISIONS

88.16	Scope of this Section
88.17	Address for filing proceedings
88.18	Applications for anonymity
88.19	Notification of hearings
88.20	Proceedings which must be determined at a hearing
88.21	Hearings in private
88.22	Appointment of a special advocate
88.23	Functions of a special advocate
88.24	Special advocate: communicating about proceedings
88.25	Modification of the general rules of evidence and disclosure
88.26	Filing and service of relevant material
88.27	Closed material
88.28	Consideration of the Secretary of State’s objection or application
88.29	Order of filing and serving material and written submissions
88.30	Failure to comply with directions
88.31	Judgments
88.32	Application by the Secretary of State or relevant person for reconsideration of decision
88.33	Supply of court documents

SECTION I — Application of this Part

Scope and interpretation

88.1

(1) This Part contains rules about—

(a) TEO 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 this Part—

(a) “the Act” means the Counter-Terrorism and Security Act 2015;

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

(d) “TEO” means a temporary exclusion order (which has the same meaning as in section 2 of the Act);

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

(f) “relevant material” means the material described in paragraph 3(1)(a) to (c) of Schedule 3 to the Act;

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

(h) “special advocate” means a person appointed under paragraph 10(1) of Schedule 3 to the Act;

(i) “TEO proceedings” has the same meaning as in paragraph 1 of Schedule 3 to the Act;

(j) “TEO subject” means an individual on whom the Secretary of State has imposed, or is proposing to impose, a TEO.

(3) 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

88.2

(1) Where any of the rules in this Part applies, the overriding objective in Part 1, and so far as possible 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.

SECTION II — Permission applications, reviews and references to the High Court relating to temporary exclusion orders

Scope of this Section

88.3

This Section contains rules about—

(a) applications under section 3(1)(b) of the Act (application for permission to impose a TEO);

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

(c) applications to the High Court under section 11 of the Act (applications to the court to review decisions of the Secretary of State relating to a TEO).

Application for permission to impose a TEO

88.4

An application under section 3(1)(b) of the Act for permission to impose a TEO 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; and

Reference of TEO imposed without permission

88.5

A reference under paragraph 3(1) of Schedule 2 to the Act of the imposition of a TEO imposed without permission must be made by the Secretary of State filing with the court—

(a) a statement of reasons for imposing the TEO;

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

Application for review under section 11 of the Act

88.6

Rules 88.7 to 88.14 apply to a review under section 11 of the Act.

Applications (general) and modification of Part 8

88.7

(1) An application to the court to review a decision under section 11 of the Act (“a review application”) 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 a review application—

(a) rule 8.1(3) (court may order claim to continue as if claimant had not used Part 8 procedure);

(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).

Review application

88.8

(1) A review application must be started by a claim form.

(2) The claim form must set out—

(a) the details of the decision which it is sought to review;

(b) details of how the TEO subject is affected by the TEO; and

(3) The TEO subject must file with the claim form—

(a) a copy of—

(i) the written notice under section 4 of the Act of the imposition of the TEO; or

(ii) where relevant, any notice under section 9 of the Act imposing any or all of the permitted conditions; and

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

Fixing of directions hearing date

88.9

(1) When the court issues the claim form it must 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

88.10

The court must—

(a) serve on the Secretary of State and any special advocate (if one has been appointed)—

(i) the claim form; and

(ii) the documents specified in rule 88.8(3); and

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

Acknowledgment of service

88.11

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

Directions hearing

88.12

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 Secretary of State under rule 88.13(1), (2) and (4);

(ii) any application to be made under rule 88.13(5);

(iii) any information to be filed and served by the Secretary of State pursuant to an order under rule 88.13(7);

(iv) any evidence to be filed and served by the TEO subject under rule 88.14(1);

(v) any evidence to be filed and served by the Secretary of State under rule 88.14(2);

(vi) any application by the Secretary of State under rule 88.13(3), 88.13(8) or 88.14(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 Secretary of State

88.13

(1) Where the Secretary of State intends to oppose the exercise of any of the court’s powers under section 11(3) or (5) of the Act, the Secretary of State must file with the court—

(a) the grounds for opposing the exercise of those powers; and

(b) any relevant evidence of which the Secretary of State is aware at that stage.

(2) Unless the Secretary of State objects to the grounds and evidence referred to in paragraph (1) being disclosed to the TEO subject and the TEO subject’s legal representative, the Secretary of State must serve a copy of the grounds and evidence on the TEO subject at the same time as filing them.

(3) Where the Secretary of State objects to the grounds and evidence referred to in paragraph (1) being disclosed to the TEO subject and the TEO subject’s legal representative, the Secretary of State must make an application in accordance with rule 88.27.

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

(5) The TEO subject and any special advocate may apply to the court for an order directing the Secretary of State to file and serve further information about the Secretary of State’s grounds filed under paragraph (1)(a).

(6) An 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 review application.

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

(a) is necessary for the determination of the review application; and

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

(8) Where the Secretary of State objects to serving on the TEO subject and the TEO subject’s legal representative the information sought under paragraph (5), the Secretary of State must make an application in accordance with rule 88.27.

Filing and service of evidence

88.14

(1) Where the TEO subject wishes to rely on evidence in support of the review application 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 TEO subject wishes to rely on further evidence,

the TEO subject must file and serve that evidence, including any witness statement, on the Secretary of State and any special advocate.

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

(3) Where the Secretary of State wishes to withhold disclosure of any closed material from the TEO subject and the TEO subject’s legal representative, the Secretary of State must make an application in accordance with rule 88.27.

(4) The Secretary of State must serve any closed material on 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.

SECTION III — Appeals to the Court of Appeal

Modification of Part 52 (appeals)

88.15

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

(a) rule 88.2;

(b) the rules in Section IV 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).

(3) Rule 52.2 (all parties to comply with Practice Directions 52A to 52E) applies, but the parties are not required to comply with paragraphs 3(3), 7.2 and 27 of Practice Direction 52C.

SECTION IV — General provisions

Scope of this Section

88.16

This Section applies to

(a) TEO 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

88.17

(1) Any TEO 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 TEO proceedings must be filed at the Civil Appeals Office, Room E307, Royal Courts of Justice, Strand, London WC2A 2LL.

Applications for anonymity

88.18

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

(2) An application under paragraph (1) may be made at any time, irrespective of whether any TEO 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 TEO subject is to be construed in accordance with paragraph 6(3) of Schedule 3 to the Act.

Notification of hearings

88.19

Unless the court directs otherwise, it must 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.

Proceedings which must be determined at a hearing

88.20

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

(a) a review application under section 11 of the Act (review of decisions relating to temporary exclusion orders);

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

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

(a) the appeal is withdrawn by the appellant;

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

Hearings in private

88.21

(1) If the court considers it necessary for any party and that party’s legal representative to be excluded from any hearing or part of a hearing in order to secure that information is not disclosed contrary to the public interest, it must—

(a) direct accordingly; and

(b) conduct the hearing, or that part of it from which that 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.

(2) The court may conduct a hearing or part of a hearing in private for any other good reason.

Appointment of a special advocate

88.22

(1) Subject to paragraph (2), the Secretary of State must immediately give notice of the proceedings to the Attorney General (who, under paragraph 10(1) of Schedule 3 to the Act, has the power to appoint a special advocate), on—

(a) making an application under section 3(1)(b) of the Act (application for permission to impose a TEO);

(b) making a reference under paragraph 3(1) of Schedule 2 to the Act (reference of urgent TEO imposed without permission); or

(2) Paragraph (1) applies unless—

(a) the Secretary of State does not intend to—

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

(ii) withhold closed material from a relevant party; or

(b) a special advocate has already been appointed to represent the interests of the relevant party in the proceedings and that special advocate is not prevented from communicating with that party by virtue of rule 88.24 (special advocate: communicating about proceedings).

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

Functions of a special advocate

88.23

The functions of a special advocate are to represent the interests of a relevant party by—

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

(b) adducing evidence and cross-examining witnesses at any such hearing or part of a hearing;

(d) making written submissions to the court.

Special advocate: communicating about proceedings

88.24

(1) The special advocate may communicate with the relevant party or the relevant party’s legal representative at any time before the Secretary of State serves closed material on the special advocate.

(2) After the Secretary of State 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 (6)(b) or with 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 Secretary of State or any person acting for the Secretary of State;

(d) any other person, except the relevant party or the relevant 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 relevant party or the relevant 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 must notify the Secretary of State of the request and of the content of the proposed communication and the form in which it is proposed to be made; and

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

(6) Paragraph (2) does not prohibit the relevant party from communicating with the special advocate after the Secretary of State has served material on the special advocate, but—

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

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

Modification of the general rules of evidence and disclosure

88.25

(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 this Part applies.

(2) Subject to the other rules in this Part, the evidence of a witness may be given either—

(a) orally before the court; or

(b) in writing, in which case it must be given in such manner and at such time as the court directs.

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

(4) The court may receive evidence that would not, but for this rule, be admissible in a court of law.

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

(6) A special advocate is entitled to adduce evidence and to cross-examine a witness only during a hearing or part of a hearing from which the relevant party and the relevant party’s legal representatives are excluded.

(7) The court may require a witness to give evidence on oath.

Filing and service of relevant material

88.26

The Secretary of State must—

(a) make a reasonable search for relevant material; and

(b) file and serve that material in accordance with the rules in this Part.

Closed material

88.27

(1) The Secretary of State—

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

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

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

(a) the closed material;

(b) a statement of the Secretary of State’s reasons for withholding that material from the relevant party and the relevant party’s legal representatives; and

(c) if the Secretary of State considers it possible to provide a summary of that material without disclosing information contrary to the public interest, a summary of that material in a form which can be served on the relevant party.

(3) The Secretary of State 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 Secretary of State’s objection or application

88.28

(1) This rule applies where the Secretary of State has—

(a) objected under rule 88.24(5)(b) (special advocate: communicating about proceedings) to a proposed communication by the special advocate or to the form in which it is proposed to be made; or

(b) applied under rule 88.27 (closed material) for permission to withhold closed material.

(2) The court must fix a hearing for the Secretary of State and the special advocate to make oral representations, unless—

(a) the special advocate gives notice that he or she does not challenge the application or objection;

(b) the court has previously considered—

(i) an objection under rule 88.24(5)(b) to the same or substantially the same proposed communication; or

(ii) an application under rule 88.27(1) for permission to withhold the same or substantially the same material; and

is satisfied that it would be just to give permission or uphold the objection without a hearing; or

(c) the Secretary of State and the special advocate consent to the court deciding the objection or application without a hearing.

(3) If the special advocate does not challenge the objection or the application, he or she must give notice of that fact to the court and the Secretary of State no later than the end of—

(a) 14 days after the date on which ... the Secretary of State serves on the special advocate the notice under rule 88.24(5)(b) or the material under rule 88.27(2); or

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

(4) Where the court fixes a hearing under this rule, the Secretary of State and the special advocate must before the hearing file with the court a schedule identifying the issues which cannot be agreed between them, which must also—

(a) give brief reasons for their contentions in relation to each issue; and

(b) set out any proposals for the court to resolve those issues.

(5) A hearing under this rule shall take place in the absence of the relevant party and the relevant party’s legal representative.

(6) Where the court gives permission to the Secretary of State to withhold sensitive material, the court must—

(a) consider whether to direct the Secretary of State to serve a summary of that material on the relevant party and the relevant party’s legal representative; but

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

(7) Where the court has not given permission to the Secretary of State to withhold sensitive material from, or has directed the Secretary of State to serve a summary of that material on, the relevant party and the relevant party’s legal representative—

(a) the Secretary of State shall not be required to serve that material or summary; but

(b) if the Secretary of State does not do so, at a hearing on notice the court may—

(i) if it considers that the material or anything that is required to be summarised might be of assistance to the relevant party in relation to a matter under consideration by the court, direct that the matter is withdrawn from its consideration or that the Secretary of State makes such concessions or takes such other steps as the court may direct; and

(ii) in any other case, direct that the Secretary of State must not rely in the proceedings on that material or (as the case may be) on what is required to be summarised.

(8) The court must give permission to the Secretary of State to withhold sensitive material where it considers that disclosure of that material would be contrary to the public interest.

Order of filing and serving material and written submissions

88.29

Subject to any directions given by the court, the parties must file and serve any material and written submissions, and the special advocate must file and serve any written submissions, in the following order—

(a) the Secretary of State must file with the court any relevant material of which the Secretary of State is aware;

(b) the Secretary of State must serve on—

(i) the relevant party or the relevant party’s legal representative; and

(ii) the special advocate (as soon as one is appointed) or those instructing the special advocate,

any open material;

(c) the relevant party must file with the court and serve on the Secretary of State and special advocate (if one is appointed) or those instructing the special advocate any written evidence which the relevant party wishes the court to take into account at the hearing;

(d) the Secretary of State must file with the court any further relevant material;

(e) the Secretary of State must serve on—

(i) the relevant party or the relevant party’s legal representative; and

(ii) the special advocate (as soon as one is appointed) or those instructing the special advocate,

any open material filed with the court under sub-paragraph (d);

(f) the Secretary of State must serve on the special advocate (if one has been appointed) any closed material;

(g) the parties and the special advocate (if one has been appointed) must file and serve any written submissions as directed by the court.

(Rules 88.27 and 88.28 will apply where any closed material is filed by the Secretary of State.)

Failure to comply with directions

88.30

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

(a) the respect in which that person 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 before it if that person fails to comply with the direction within that time limit.

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

Judgments

88.31

(1) Where the court gives judgment in any proceedings to which this Part 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 information contrary to the public interest.

(2) Where the judgment of the court does not include the full reasons for its decision, the court must serve on the Secretary of State and the special advocate a separate written judgment giving those reasons.

Application by the Secretary of State for reconsideration of decision

88.32

(1) If the court proposes, in any proceedings to which this Part applies, to serve on a relevant party—

(a) notice of any order or direction made or given in the absence of the Secretary of State; or

(b) any written judgment;

then before the court serves any such notice or judgment on the relevant party, it must first serve notice on the Secretary of State of its intention to do so.

(2) The Secretary of State may, within 5 days of being served with notice under paragraph (1), apply to the court to reconsider the terms of the order or direction or to review the terms of the proposed judgment if the Secretary of State considers that—

(a) the Secretary of State’s compliance with the order or direction; or

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

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

(3) Where the Secretary of State makes an application under paragraph (2), the Secretary of State must at the same time serve on the special advocate (if one has been appointed)—

(a) a copy of the application; and

(b) a copy of the notice served on the Secretary of State pursuant to paragraph (1).

(4) Rule 88.28 (consideration of Secretary of State’s objection or application), except for paragraphs (6) and (7) of that rule, applies where a special advocate has been appointed and with any necessary modifications to the consideration of an application under paragraph (2) of this rule.

(5) The court must not serve notice or a written judgment on the relevant party as mentioned in paragraph (1) before the time for the Secretary of State or relevant person to make an application under paragraph (2) has expired.

Supply of court documents

88.33

Unless the court otherwise directs, rule 5.4 (Register of Claims), 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 Part applies.

PART 89 — ATTACHMENT OF EARNINGS

Rule	Rule number
Section 1 – General
Scope and Interpretation	89.1
Search of court records	89.2
Section 2 – Applications for attachment of earnings orders
Where to make applications	89.3
Mode of applying	89.4
Service and reply	89.5
Notice to debtor’s employer	89.6
Attachment of earnings order	89.7
Failure by debtor	89.8
Suspended committal order	89.9
Costs	89.10
Contents and service of order	89.11
Application to determine whether particular payments are earnings	89.12
Notice of order having ceased to have effect	89.13
Variation and discharge by court of own initiative	89.14
Transfer of attachment order	89.15
Exercise of power to obtain statement of earnings etc.	89.16
Offences	89.17
Section 3 – Consolidated attachment orders
Cases in which consolidated attachments orders may be made	89.18
Application for consolidated attachment order	89.19
Making of consolidated attachment order by court of its own initiative	89.20
Extension of consolidated attachment order	89.21
Payments under consolidated attachment order	89.22

SECTION 1 - GENERAL

Scope and Interpretation

89.1

(1) Part 81 does not apply to proceedings under this Part.

(2) In this Part—

(a) “the 1971 Act” means the Attachment of Earnings Act 1971 and unless the context otherwise requires or this Part otherwise provides, expressions used in that Act have the same meanings as in that Act;

(b) “creditor” means the person who has obtained or is entitled to enforce a judgment or order;

(d) “debtor’s employer” means any person appearing to be the debtor’s employer;

(e) “debtor’s home court” means the County Court hearing centre for the district in which the debtor resides or carries on business.

Search of court records

89.2

If requested to do so by any person having a judgment or order against a debtor, the court officer must –

(a) cause a search to be made in the court records to determine whether there is an attachment of earnings order in force in relation to that debtor; and

issue a certificate of the result of the search.

SECTION 2 – APPLICATIONS FOR ATTACHMENT OF EARNINGS ORDERS

Where to make applications

89.3

An application to the County Court for an attachment of earnings order must be made to the Civil National Business Centre.

Mode of applying

89.4

(1) An application for an attachment of earnings order must include a certificate of the amount of money remaining due under the judgment or order and that the whole or part of any instalment due remains unpaid.

(2) Where an attachment of earnings order is sought to enforce an order of a magistrates’ court, the applicant must also file with the application—

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