The Civil Procedure Rules 1998

Admission by notice in writing—application for judgment

Admission of whole of claim for specified amount of money

Admission of part of a claim for a specified amount of money

Admission of liability to pay whole of claim for unspecified amount of money

Admission of liability to pay claim for unspecified amount of money where defendant offers a sum in satisfaction of the claim

Allocation of claims in relation to outstanding matters

Request for time to pay

Determination of rate of payment

Determination of rate of payment by court officer

Determination of rate of payment by judge

Right of re-determination

Interest

Form and content of a Part 36 offer

Part 36 offers – general provisions

Part 36 offers – defendants’ offers

Personal injury claims for future pecuniary loss

Offer to settle a claim for provisional damages

Time when a Part 36 offer is made

Clarification of a Part 36 offer

Acceptance of a Part 36 offer

Costs consequences of acceptance of a Part 36 offer

The effect of acceptance of a Part 36 offer

Acceptance of a Part 36 offer made by one or more, but not all, defendants

Restriction on disclosure of a Part 36 offer

Costs consequences following judgment

Deduction of benefits

Money paid into court where defendant wishes to rely on a defence of tender before claim

Payment out of money paid into court

Payment into court under enactments

41.3A

• (1) Where—

• (a) a claim includes claims arising under—

• (i) the Fatal Accidents Act 1976; and

• (ii) the Law Reform (Miscellaneous Provisions) Act 1934; and

• (b) a single sum of money is ordered or agreed to be paid in satisfaction of the claims,

the court will apportion the money between the different claims.

• (2) Where, in an action in which a claim under the Fatal Accidents Act 1976 is made by or on behalf of more than one person, a single sum of money is ordered or agreed to be paid in satisfaction of the claim, the court will apportion it between the persons entitled to it.

• (3) Unless it has already been apportioned by the court, a jury or agreement between the parties, the court will apportion money under paragraphs (1) and (2)–

• (a) when it gives directions under rule 21.11 (control of money received by a child or patient); or

• (b) if rule 21.11 does not apply, on application by one of the parties in accordance with Part 23.

VI — Drinking Banning Orders under the Violent Crime Reduction Act 2006

Scope of this Section and interpretation

65.31

• (1) This Section applies to applications in proceedings in the County Court under sub-sections (2), (3) or (5) of section 4 of the Violent Crime Reduction Act 2006 by a relevant authority, and to applications for interim orders under section 9 of that Act.

• (2) In this Section—

• (a) “the 2006 Act” means the Violent Crime Reduction Act 2006;

• (b) “relevant authority” has the same meaning as in section 14(1) of the 2006 Act; and

• (c) “the principal proceedings” means any proceedings in the County Court.

Application where the relevant authority is a party in principal proceedings

65.32

• (1) Subject to paragraph (2)—

• (a) where the relevant authority is the claimant in the principal proceedings, an application under section 4(2) of the 2006 Act for an order under section 4(7) of the 2006 Act must be made in the claim form; and

• (b) where the relevant authority is a defendant in the principal proceedings, an application for an order must be made by application notice which must be filed with the defence.

• (2) Where the relevant authority becomes aware of the circumstances that lead it to apply for an order after its claim is issued or its defence filed, the application must be made by application notice as soon as possible thereafter.

• (3) Where the application is made by application notice, it should normally be made on notice to the person against whom the order is sought.

Application where the relevant authority is not a party in principal proceedings

65.33

• (1) Where the relevant authority is not a party to the principal proceedings—

• (a) an application under section 4(3) of the 2006 Act to be made a party must be made in accordance with Section I of Part 19; and

• (b) the application to be made a party and the application for an order under section 4(7) of the 2006 Act must be made in the same application notice.

• (2) The applications—

• (a) must be made as soon as possible after the relevant authority becomes aware of the principal proceedings; and

• (b) should normally be made on notice to the person against whom the order is sought.

Application by a relevant authority to join a person to the principal proceedings

65.34

• (1) An application under section 4(5) of the 2006 Act by a relevant authority which is a party to the principal proceedings to join a person to the principal proceedings must be made—

• (a) in accordance with Section I of Part 19;

• (b) in the same application notice as the application for an order under section 4(7) of the 2006 Act against the person; and

• (c) as soon as possible after the relevant authority considers that the criteria in section 4(4) of the 2006 Act are met.

• (2) The application notice must contain—

• (a) the relevant authority’s reasons for claiming that the person’s conduct is material in relation to the principal proceedings; and

• (b) details of the conduct alleged.

• (3) The application should normally be made on notice to the person against whom the order is sought.

Evidence

65.35

An application for an order under section 4(7) of the 2006 Act must be accompanied by written evidence, which must include evidence that section 4(6) of the 2006 Act has been complied with.

Application for an interim order

65.36

• (1) An application for an interim order under section 9 of the 2006 Act must be made in accordance with Part 25.

• (2) The application should normally be made—

• (a) in the claim form or application notice seeking the order; and

• (b) on notice to the person against whom the order is sought.

• (3) An application for an interim order may be—

• (a) made without a copy of the application notice being served on the person against whom the order is sought;

• (b) heard in the absence of the person against whom the order is sought,

with the permission of the court.

Derivative claims– how started

Derivative claims under Chapter 1 of Part 11 of the Companies Act 2006 – application for permission

19.9A

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

Derivative claims under Chapter 1 of Part 11 of the Companies Act 2006 – members of companies taking over claims by companies or other members

19.9B

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

Derivative claims – other bodies corporate and trade unions

19.9C

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

Derivative claims arising in the course of other proceedings

19.9D

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

Derivative claims – costs

19.9E

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

Derivative claims – discontinuance and settlement

19.9F

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

Requirement for a litigation friend in proceedings by or against children and protected parties

Court’s power to change a litigation friend and to prevent person acting as a litigation friend

Appointment of a litigation friend by court order – supplementary

Procedure where appointment of a litigation friend ceases

Compromise etc. by or on behalf of a child or protected party

Appointment of a guardian of a child’s estate

21.13

• (1) The court may appoint the Official Solicitor to be a guardian of a child’s estate where—

• (a) money is paid into court on behalf of the child in accordance with directions given under rule 21.11 (control of money received by a child or protected party);

• (b) the Criminal Injuries Compensation Authority notifies the court that it has made or intends to make an award to the child;

• (c) a court or tribunal outside England and Wales notifies the court that it has ordered or intends to order that money be paid to the child;

• (d) the child is absolutely entitled to the proceeds of a pension fund; or

• (e) in any other case, such an appointment seems desirable to the court.

• (2) The court may not appoint the Official Solicitor under this rule unless—

• (a) the persons with parental responsibility (within the meaning of section 3 of the Children Act 1989) agree; or

• (b) the court considers that their agreement can be dispensed with.

• (3) The Official Solicitor’s appointment may continue only until the child reaches 18.

IV STATUTORY RIGHTS OF APPEAL

Statutory appeals – court’s power to hear any person

52.12A

• (1) In a statutory appeal, any person may apply for permission—

• (a) to file evidence; or

• (b) to make representations at the appeal hearing.

• (2) An application under paragraph (1) must be made promptly.

IV STATUTORY RIGHTS OF APPEAL

Appeals under the Law of Property Act 1922

52.18

• (1) The appeal court may—

• (a) strike out the whole or part of an appeal notice;

• (b) set aside permission to appeal in whole or in part;

• (c) impose or vary conditions upon which an appeal may be brought.

• (2) The court will only exercise its powers under paragraph (1) where there is a compelling reason for doing so.

• (3) Where a party was present at the hearing at which permission was given, that party may not subsequently apply for an order that the court exercise its powers under sub-paragraphs (1)(b) or (1)(c).

Appeals from certain tribunals

52.19

• (1) Subject to rule 52.19A, in any proceedings in which costs recovery is normally limited or excluded at first instance, an appeal court may make an order that the recoverable costs of an appeal will be limited to the extent which the court specifies.

• (2) In making such an order the court will have regard to—

• (a) the means of both parties;

• (b) all the circumstances of the case; and

• (c) the need to facilitate access to justice.

• (3) If the appeal raises an issue of principle or practice upon which substantial sums may turn, it may not be appropriate to make an order under paragraph (1).

• (4) An application for such an order must be made as soon as practicable and will be determined without a hearing unless the court orders otherwise.

Appeals under certain planning legislation

52.20

• (1) In relation to an appeal the appeal court has all the powers of the lower court.

(Rule 52.1(4) provides that this Part is subject to any enactment that sets out special provisions with regard to any particular category of appeal. Where such an enactment gives a statutory power to a tribunal, person or other body, it may be the case that the appeal court may not exercise that power on an appeal.)

• (2) The appeal court has power to—

• (a) affirm, set aside or vary any order or judgment made or given by the lower court;

• (b) refer any claim or issue for determination by the lower court;

• (c) order a new trial or hearing;

• (d) make orders for the payment of interest;

• (e) make a costs order.

• (3) In an appeal from a claim tried with a jury the Court of Appeal may, instead of ordering a new trial—

• (a) make an order for damages; or

• (b) vary an award of damages made by the jury.

• (4) The appeal court may exercise its powers in relation to the whole or part of an order of the lower court.

(Part 3 contains general rules about the court’s case management powers.)

• (5) If the appeal court—

• (a) refuses an application for permission to appeal;

• (b) strikes out an appellant’s notice; or

• (c) dismisses an appeal,

and it considers that the application, the appellant’s notice or the appeal is totally without merit, the provisions of paragraph (6) must be complied with.

• (6) Where paragraph (5) applies—

• (a) the court’s order must record the fact that it considers the application, the appellant’s notice or the appeal to be totally without merit; and

• (b) the court must at the same time consider whether it is appropriate to make a civil restraint order.

VII — Parenting Orders under the Anti-Social Behaviour Act 2003

Scope of this Section and interpretation

65.37

• (1) This Section of this Part applies in relation to applications for parenting orders under sections 26A and 26B of the Anti-social Behaviour Act 2003 by a relevant authority.

• (2) In this Section—

• (a) “the 2003 Act” means the Anti-social Behaviour Act 2003; and

• (b) “relevant authority” has the same meaning as in section 26C of the 2003 Act.

Applications for parenting orders

65.38

• (1) Subject to paragraph (2)—

• (a) where the relevant authority is the claimant in the proceedings, an application for an order under section 26A or 26B of the 2003 Act must be made in the claim form; and

• (b) where the relevant authority is a defendant in the proceedings, an application for such an order must be made by application notice which must be filed with the defence.

• (2) Where the relevant authority becomes aware of the circumstances that lead it to apply for an order after its claim is issued or its defence filed, the application must be made by application notice as soon as possible thereafter.

• (3) Where the application is made by application notice, it must normally be made on notice to the person against whom the order is sought.

Applications by the relevant authority to be joined to proceedings

65.39

• (1) Where the relevant authority is not a party to the proceedings—

• (a) an application under section 26C(2) of the 2003 Act to be made a party must be made in accordance with Section I of Part 19; and

• (b) the application to be made a party and the application for an order under section 26A or 26B of the 2003 Act must be made in the same application notice.

• (2) The applications—

• (a) must be made as soon as possible after the relevant authority becomes aware of the proceedings; and

• (b) must normally be made on notice to the person against whom the order is sought.

Applications by the relevant authority to join a parent to proceedings

65.40

• (1) An application under section 26C(3) of the 2003 Act by a relevant authority which is a party to the proceedings to join a parent to those proceedings must be made—

• (a) in the same application notice as the application for an order under section 26A or 26B of the 2003 Act; and

• (b) as soon as possible after the relevant authority considers that the grounds for the application are met.

• (2) Rule 19.2 does not apply in relation to an application made by a relevant authority under section 26C(3) of the 2003 Act to join a parent to the proceedings.

• (3) The application notice must contain—

• (a) the relevant authority’s reasons for claiming the anti-social behaviour of the child or young person is material in relation to the proceedings; and

• (b) details of the behaviour alleged.

• (4) The application must normally be made on notice to the person against whom the order is sought.

Evidence

65.41

An application under section 26A, 26B or 26C of the 2003 Act must be accompanied by written evidence.

PART 77 — PROVISIONS IN SUPPORT OF CRIMINAL JUSTICE

Scope of this Part	Rule 77.1
SECTION 1 – SERIOUS CRIME PREVENTION ORDERS
Interpretation	Rule 77.1A
Application for a SCPO	Rule 77.2
Applications by third parties to make representations and applications to vary or discharge a SCPO made by the High Court	Rule 77.3
Application to vary or discharge a SCPO made by the Crown Court	Rule 77.4
Where to make an application	Rule 77.5
SECTION 2 – APPLICATION TO QUASH AN ACQUITTAL
Scope and interpretation	Rule 77.6
Time limit for making the application	Rule 77.7
Where to make the application	Rule 77.8
How to make the application	Rule 77.9
Notice to defendant (acquitted person)	Rule 77.10
Response to the application	Rule 77.11
Further evidence	Rule 77.12
Determination of the application to quash an acquittal (general provisions)	Rule 77.13
Application for a hearing to determine the application to quash an acquittal	Rule 77.14
Hearing to determine the application to quash an acquittal	Rule 77.15
SECTION 3 – REFERRAL OF RELEASE DECISIONS
SUB-SECTION 1 – GENERAL
Scope	Rule 77.16
Part 8 procedure	Rule 77.17
Proceedings under this Section	Rule 77.18
The application	Rule 77.19
Service on the defendant	Rule 77.20
SUB-SECTION 2 – NON-DISCLOSURE
Applications for non-disclosure	Rule 77.21
Applications under Part 2 of the 2013 Act	Rule 77.22
Applications other than under Part 2 of the 2013 Act	Rule 77.23
Relevant material and statement of reasons to be filed	Rule 77.24
Consideration of the application	Rule 77.25
Hearings	Rule 77.26
Special advocates	Rule 77.27
Special advocates – communicating about proceedings	Rule 77.28
Consideration of the claimant’s objection under rule 77.27(7)(b)	Rule 77.29
Failure to comply with directions	Rule 77.30
Orders under the 1997 Act and 2003 Act	Rule 77.31
Supply of court documents	Rule 77.32
Appeals	Rule 77.33

Scope and interpretation

77.1

This Part contains rules about—

• (a) in Section 1, applications for a serious crime prevention order under section 8 of the Serious Crime Act 2007 and related applications under sections 9, 17 and 18 of that Act; ...

• (b) in Section 2, applications under section 54(3) of the Criminal Procedure and Investigations Act 1996 for an order quashing an acquittal ; and

• (c) in Section 3, referrals of release decisions under section 32ZAA of the Crime (Sentences) Act 1997 and section 256AZBA of the Criminal Justice Act 2003.

Application for a SCPO

77.2

An application under section 8 of the 2007 Act for a SCPO must be started in accordance with Part 8 as modified by Practice Direction 77.

Applications by third parties to make representations and applications to vary or discharge a SCPO made by the High Court

77.3

An application under—

• (a) section 9 of the 2007 Act; or

• (b) section 17 or 18 of the 2007 Act to vary or discharge a SCPO made by the High Court,

must be made in accordance with Part 23 as modified by Practice Direction 77.

Application to vary or discharge a SCPO made by the Crown Court

77.4

An application under section 17 or 18 of the 2007 Act to vary or discharge a SCPO made by the Crown Court must be started in accordance with Part 8.

Where to make an application

77.5

Applications under this Part must be made to the Administrative Court in accordance with Practice Direction 77.

I SCOPE OF THIS PART AND INTERPRETATION

Part 6 rules about service apply generally

Interpretation

II SERVICE OF THE CLAIM FORM IN THE JURISDICTION ...

Methods of service

Who is to serve the claim form

Personal service

Where to serve the claim form – general provisions

Service of the claim form on a solicitor within the jurisdiction or in any EEA state

Service of the claim form where the defendant gives an address at which the defendant may be served

Service of the claim form where the defendant does not give an address at which the defendant may be served

Service of the claim form in proceedings against the Crown

Service of the claim form by contractually agreed method

Service of the claim form relating to a contract on an agent of a principal who is out of the jurisdiction

Service of the claim form on children and protected parties

Deemed service

Service of the claim form by an alternative method or at an alternative place

Power of court to dispense with service of the claim form

Notice and certificate of service relating to the claim form

Notification of outcome of postal service by the court

Notice of non-service by bailiff

III SERVICE OF DOCUMENTS OTHER THAN THE CLAIM FORM IN THE UNITED KINGDOM ...

Methods of service

Who is to serve

Personal service

Address for service

Change of address for service

Service on children and protected parties

Deemed Service

Service by an alternative method or at an alternative place

Power to dispense with service

Certificate of service

IV SERVICE OF THE CLAIM FORM AND OTHER DOCUMENTS OUT OF THE JURISDICTION

Scope of this Section

Interpretation

Service of the claim form where the permission of the court is not required - Scotland and Northern Ireland

Service of the claim form where the permission of the court is not required - out of the United Kingdom

Notice of statement of grounds where the permission of the court is not required for service

Period for responding to the claim form where permission was not required for service

Service of the claim form where the permission of the court is required

6.36

In any proceedings to which rule 6.32 or 6.33 does not apply, the claimant may serve a claim form out of the jurisdiction with the permission of the court if any of the grounds set out in paragraph 3.1 of Practice Direction 6B apply.

Application for permission to serve the claim form out of the jurisdiction

6.37

• (1) An application for permission under rule 6.36 must set out—

• (a) which ground in paragraph 3.1 of Practice Direction 6B is relied on;

• (b) that the claimant believes that the claim has a reasonable prospect of success; and

• (c) the defendant’s address or, if not known, in what place the defendant is, or is likely, to be found.

• (2) Where the application is made in respect of a claim referred to in paragraph 3.1(3) of Practice Direction 6B, the application must also state the grounds on which the claimant believes that there is between the claimant and the defendant a real issue which it is reasonable for the court to try.

• (3) The court will not give permission unless satisfied that England and Wales is the proper place in which to bring the claim.

• (4) In particular, where—

• (a) the application is for permission to serve a claim form in Scotland or Northern Ireland; and

• (b) it appears to the court that the claimant may also be entitled to a remedy in Scotland or Northern Ireland, the court, in deciding whether to give permission, will—

• (i) compare the cost and convenience of proceeding there or in the jurisdiction; and

• (ii) (where relevant) have regard to the powers and jurisdiction of the Sheriff court in Scotland or the County Court or courts of summary jurisdiction in Northern Ireland.

• (5) Where the court gives permission to serve a claim form out of the jurisdiction—

• (a) it will specify the periods within which the defendant may—

• (i) file an acknowledgment of service;

• (ii) file or serve an admission;

• (iii) file a defence; or

• (iv) file any other response or document required by a rule in another Part, any other enactment or a practice direction; and

• (b) it may give directions about the method of service.

(The periods referred to in paragraphs (5)(a)(i), (ii) and (iii) are those specified in the Table in Practice Direction 6B.)

Service of documents other than the claim form - permission

6.38

Any application notice issued or order made in any proceedings, or other document which is required to be served in the proceedings, may be served on a defendant out of the jurisdiction without permission where—

• (a) the claim form has been served on the defendant out of the jurisdiction with permission; or

• (b) permission is or was not required to serve the claim form (whether within or out of the jurisdiction).

Service of application notice on a non-party to the proceedings

6.39

• (1) Where an application notice is to be served out of the jurisdiction on a person who is not a party to the proceedings rules 6.35 and 6.37(5)(a)(i), (ii) and (iii) do not apply.

• (2) Where an application is served out of the jurisdiction on a person who is not a party to the proceedings, that person may make an application to the court under Part 11 as if that person were a defendant, but rule 11(2) does not apply.

(Part 11 contains provisions about disputing the court’s jurisdiction.)

Methods of service - general provisions

6.40

• (1) This rule contains general provisions about the method of service of a claim form or other document on a party out of the jurisdiction.

Where service is to be effected on a party in Scotland or Northern Ireland2Where a party serves a claim form or other document on a party in Scotland or Northern Ireland, it must be served by a method permitted by Section II (and references to “jurisdiction” in that Section are modified accordingly) or Section III of this Part and rule 6.23(4) applies.

Where service is to be effected on a party out of the United Kingdom3Where a party wishes to serve a claim form or ... other document on a party out of the United Kingdom, it may be served—aby any method provided for by—i. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .iirule 6.42 (service through foreign governments, judicial authorities and British Consular authorities); oriiirule 6.44 (service of claim form or other document on a State);bby any method permitted by a Civil Procedure Convention or Treaty; orcby any other method permitted by the law of the country in which it is to be served.4Nothing in paragraph (3) or in any court order authorises or requires any person to do anything which is contrary to the law of the country where the claim form or other document is to be served.

(The texts of the Civil Procedure Treaties which the United Kingdom has entered into may be found on the Foreign and Commonwealth Office website at http://www.fco.gov.uk/en/publications-and-documents/treaties/lists-treaties/bilateral-civil-procedure.)

Service in accordance with the Service Regulation

6.41

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

Service through foreign governments, judicial authorities and British Consular authorities

6.42

• (1) Where a party wishes to serve a claim form or any other document ... in any country which is a party to a Civil Procedure Convention or Treaty providing for service in that country, it may be served—

• (a) through the authority designated under the Hague Convention or any other Civil Procedure Convention or Treaty (where relevant) in respect of that country; or

• (b) if the law of that country permits—

• (i) through the judicial authorities of that country, or

• (ii) through a British Consular authority in that country (subject to any provisions of the applicable convention about the nationality of persons who may be served by such a method).

• (2) Where a party wishes to serve a claim form or any other document ... in any country with respect to which there is no Civil Procedure Convention or Treaty providing for service in that country, the claim form or other document may be served, if the law of that country so permits—

• (a) through the government of that country, where that government is willing to serve it; or

• (b) through a British Consular authority in that country.

• (3) Where a party wishes to serve the claim form or other document in—

• (a) any Commonwealth State which is not a party to the Hague Convention or is such a party but HM Government has not declared acceptance of its accession to the Convention;

• (b) the Isle of Man or the Channel Islands; or

• (c) any British overseas territory,

the methods of service permitted by paragraphs (1)(b) and (2) are not available and the party or the party’s agent must effect service direct, unless Practice Direction 6B provides otherwise.

(A list of British overseas territories is reproduced in paragraph 5.2 of Practice Direction 6B.)

Procedure where service is to be through foreign governments, judicial authorities and British Consular authorities

6.43

• (1) This rule applies where a party wishes to serve a claim form or any other document under rule 6.42(1) or 6.42(2).

• (2) Where this rule applies, that party must file—

• (a) a request for service of the claim form or other document specifying one or more of the methods in rule 6.42(1) or 6.42(2);

• (b) a copy of the claim form or other document;

• (c) any other documents or copies of documents required by Practice Direction 6B; and

• (d) any translation required under rule 6.45.

• (3) Where a party files the documents specified in paragraph (2), the court officer will—

• (a) seal (GL) the copy of the claim form or other document; and

• (b) forward the documents to the Senior Master.

• (4) The Senior Master will send documents forwarded under this rule—

• (a) where the claim form or other document is being served through the authority designated under the Hague Convention or any other Civil Procedure Convention or Treaty, to that authority; or

• (b) in any other case, to the Foreign, Commonwealth and Development Office with a request that it arranges for the claim form or other document to be served.

• (5) An official certificate which—

• (a) states that the method requested under paragraph (2)(a) has been performed and the date of such performance;

• (b) states, where more than one method is requested under paragraph (2)(a), which method was used; and

• (c) is made by—

• (i) a British Consular authority in the country where the method requested under paragraph (2)(a) was performed;

• (ii) the government or judicial authorities in that country; or

• (iii) the authority designated in respect of that country under the Hague Convention a Civil Procedure Convention or Treaty,

is evidence of the facts stated in the certificate.

• (6) A document purporting to be an official certificate under paragraph (5) is to be treated as such a certificate, unless it is proved not to be.

Service of claim form or other document on a State

6.44

• (1) This rule applies where a party wishes to serve the claim form or other document on a State.

• (2) In this rule, “State” has the meaning given by section 14 of the State Immunity Act 1978.

• (3) The party must file in the Central Office of the Royal Courts of Justice—

• (a) a request for service to be arranged by the Foreign, Commonwealth and Development Office;

• (b) a copy of the claim form or other document; and

• (c) any translation required under rule 6.45.

• (4) The Senior Master will send the documents filed under this rule to the Foreign, Commonwealth and Development Office with a request that it arranges for them to be served.

• (5) An official certificate by the Foreign, Commonwealth and Development Office stating that a claim form or other document has been duly served on a specified date in accordance with a request made under this rule is evidence of that fact.

• (6) A document purporting to be such a certificate is to be treated as such a certificate, unless it is proved not to be.

• (7) Where—

• (a) section 12(6) of the State Immunity Act 1978 applies; and

• (b) the State has agreed to a method of service other than through the Foreign, Commonwealth and Development Office,

the claim form or other document may be served either by the method agreed or in accordance with this rule.

(Section 12(6) of the State Immunity Act 1978 provides that section 12(1) enables the service of a claim form or other document in a manner to which the State has agreed.)

Translation of claim form or other document

6.45

• (1) Except where paragraph (4) or (5) applies, every copy of the claim form or other document filed under rule 6.43 (service through foreign governments, judicial authorities etc.) or 6.44 (service of claim form or other document on a State) must be accompanied by a translation of the claim form or other document.

• (2) The translation must be—

• (a) in the official language of the country in which it is to be served; or

• (b) if there is more than one official language of that country, in any official language which is appropriate to the place in the country where the claim form or other document is to be served.

• (3) Every translation filed under this rule must be accompanied by a statement by the person making it that it is a correct translation, and the statement must include that person’s name, address and qualifications for making the translation.

• (4) A party is not required to file a translation of a claim form or other document filed under rule 6.43 (service through foreign governments, judicial authorities etc.) where the claim form or other document is to be served—

• (a) in a country of which English is an official language; or

• (b) on a British citizen (within the meaning of the British Nationality Act 1981),

unless a Civil Procedure Convention or Treaty requires a translation.

• (5) A party is not required to file a translation of a claim form or other document filed under rule 6.44 (service of claim form or other document on a State) where English is an official language of the State in which the claim form or other document is to be served.

...

Undertaking to be responsible for expenses

6.46

Every request for service filed under rule 6.43 (service through foreign governments, judicial authorities etc.) or rule 6.44 (service of claim form or other document on a State) must contain an undertaking by the person making the request—

• (a) to be responsible for all expenses incurred by the Foreign, Commonwealth and Development Office or foreign judicial authority; and

• (b) to pay those expenses to the Foreign, Commonwealth and Development Office or foreign judicial authority on being informed of the amount.

Proof of service before obtaining judgment

6.47

Where—

• (a) a hearing is fixed when the claim form is issued;

• (b) the claim form is served on a defendant out of the jurisdiction; and

• (c) that defendant does not appear at the hearing,

the claimant may not obtain judgment against the defendant until the claimant files written evidence that the claim form has been duly served in accordance with this Part.

V SERVICE OF DOCUMENTS FROM FOREIGN COURTS OR TRIBUNALS

Scope of this Section

6.48

This Section—

• (a) applies to the service in England and Wales of any document in connection with civil or commercial proceedings in a foreign court or tribunal;...

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation

6.49

In this Section—

• (a) “convention country” means a country in relation to which there is a Civil Procedure Convention (which has the same meaning as in rule 6.31(c));

• (b) “foreign court or tribunal” means a court or tribunal in a country outside of the United Kingdom; and

• (c) “process server” means—

• (i) a process server appointed by the Lord Chancellor to serve documents to which this Section applies, or

• (ii) the process server’s agent.

Request for service

6.50

The Senior Master will serve a document to which this Section applies upon receipt of—

• (a) a written request for service—

• (i) where the foreign court or tribunal is in a convention country, from a consular or other authority of that country; or

• (ii) from the Secretary of State for Foreign, Commonwealth and Development Affairs, with a recommendation that service should be effected;

• (b) a translation of that request into English;

• (c) two copies of the document to be served; and

• (d) unless the foreign court or tribunal certifies that the person to be served understands the language of the document, two copies of a translation of it into English.

Method of service

6.51

The Senior Master will determine the method of service.

After service

6.52

• (1) Where service of a document has been effected by a process server, the process server must—

• (a) send to the Senior Master a copy of the document, and

• (i) proof of service; or

• (ii) a statement why the document could not be served; and

• (b) if the Senior Master directs, specify the costs incurred in serving or attempting to serve the document.

• (2) The Senior Master will send to the person who requested service—

• (a) a certificate, sealed with the seal of the Senior Courts for use out of the jurisdiction, stating—

• (i) when and how the document was served or the reason why it has not been served; and

• (ii) where appropriate, an amount certified by a costs judge to be the costs of serving or attempting to serve the document; and

• (b) a copy of the document.

Deduction of benefits and lump sum payments

Orders in respect of pro bono representation

44.3C

• (1) In this rule, “the 2007 Act” means the Legal Services Act 2007.

• (2) Where the court makes an order under section 194(3) of the 2007 Act—

• (a) the court may order the payment to the prescribed charity of a sum no greater than the costs specified in Part 45 to which the party with pro bono representation would have been entitled in accordance with that Part and in respect of that representation had it not been provided free of charge; or

• (b) where Part 45 does not apply, the court may determine the amount of the payment (other than a sum equivalent to fixed costs) to be made by the paying party to the prescribed charity by—

• (i) making a summary assessment; or

• (ii) making an order for detailed assessment,

of a sum equivalent to all or part of the costs the paying party would have been ordered to pay to the party with pro bono representation in respect of that representation had it not been provided free of charge.

• (3) Where the court makes an order under section 194(3) of the 2007 Act, the order must specify that the payment by the paying party must be made to the prescribed charity.

• (4) The receiving party must send a copy of the order to the prescribed charity within 7 days of receipt of the order.

• (5) Where the court considers making or makes an order under section 194(3) of the 2007 Act, Parts 43 to 48 apply, where appropriate, with the following modifications—

• (a) references to “costs orders”, “orders about costs” or “orders for the payment of costs” are to be read, unless otherwise stated, as if they refer to an order under section 194(3);

• (b) references to “costs” are to be read, as if they referred to a sum equivalent to the costs that would have been claimed by, incurred by or awarded to the party with pro bono representation in respect of that representation had it not been provided free of charge; and

• (c) references to “receiving party” are to be read, as meaning a party who has pro bono representation and who would have been entitled to be paid costs in respect of that representation had it not been provided free of charge.

Basis of assessment

Factors to be taken into account in deciding the amount of costs

Fixed costs

Procedure for assessing costs

Time for complying with an order for costs

Costs on the small claims track and fast track

Limitation on amount court may allow where a claim allocated to the fast track settles before trial

Costs following allocation and re-allocation

Cases where costs orders deemed to have been made

Costs-only proceedings

Special situations

Court’s powers in relation to misconduct

Providing information about funding arrangements

Adjournment where legal representative seeks to challenge disallowance of any amount of percentage increase

Application of costs rules

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

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;

• (c) in Section 3, appeals relating to designations under the Terrorist Asset-Freezing etc Act 2010;

• (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;

• (c) “financial restrictions proceedings” means—

• (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.

Where to make an application

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);

• (c) rule 8.4 (consequence of not filing an acknowledgment of service);

• (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

• (c) the grounds on which the claimant seeks to set aside the decision.

• (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

• (c) as to the order in which, and the time within which, the following are to be filed and served—

• (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 Treasury

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.

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

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.

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.

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;

• (c) the appellant withdraws the appeal against a decision of the appropriate Minister or the High Court;

• (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;

• (c) making applications to the court or seeking directions from the court where necessary; and

• (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;

• (c) the Attorney General and any persons acting for the Attorney General; and

• (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 Treasury’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

• (c) the appropriate Minister and the special advocate consent to the court deciding the issue without a hearing.

• (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;

• (c) whether the material is in the control of the party making the search;

• (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

• (c) serve it on any special advocate.

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 Treasury’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

• (c) the appropriate Minister and the special advocate consent to the court deciding the issue without a hearing.

• (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 Treasury 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