(1) This Part contains rules about–

(2) In this Part –

(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 tthe appropriate Minister, whose interests a special advocate represents.

(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.

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.

(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 –

(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–

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

(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.

The court will –

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.

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

(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 –

(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, 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 –

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

(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.

(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 –

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.

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 –

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

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

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

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

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

(2) The appellant must file and serve the following documents with the appellant's notice –

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

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

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

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

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

(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 –

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

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

(2) Paragraph (1) applies unless–

(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.

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

(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 –

(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) –

(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 –

(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 –

(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 –

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

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

(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 –

(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.

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

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

(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 –

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 –

(1) The appropriate Minister –

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

(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 –

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

(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 –

(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 –

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

(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 –

(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 –

(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 –

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

(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.

(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 –

(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 –

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

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

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

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

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

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

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