PART 23 - GENERAL RULES ABOUT APPLICATIONS FOR COURT ORDERS
|Where to make an application
|Application notice to be filed
|Notice of an application
|Time when an application is made
|What an application notice must include
|Service of a copy of an application notice
|Applications which may be decided with without a hearing
|Service of order and application where application made without notice
|Application to set aside or vary order made without notice
|Power of the court to proceed in the absence of a party
|Applications that are totally without merit
23.1 In this Part –
‘application notice’ means a document in which the applicant states their intention to seek a court order;
hearing” means the occasion on which any interim or final decision is or may be made by a judge, at which a person is, or has a right to be, heard in person, by telephone, by video or by any other means which permits simultaneous communication; and
‘respondent’ means –
(a) the person against whom the order is sought; and
(b) such other person as the court may direct.
(1) The general rule is that an application must be made to the court or County Court hearing centre where the claim was started.
(2) If a claim has been transferred to another court, or transferred or sent to another County Court hearing centre since it was started, an application must be made to the court or the County Court hearing centre to which the claim has been transferred or sent, unless there is good reason to make the application to a different court.
(3) If the parties have been notified of a fixed date for the trial, an application must be made to the court where the trial is to take place.
(4) Subject to paragraph (5), if an application is made before a claim has been started, it must be made to the court where the claim is most likely to be started unless there is good reason to make the application to a different court.
(5) An application made in the County Court before a claim has been started may be made at any County Court hearing centre, unless any enactment, rule or practice direction states otherwise.
(6) If an application is made after proceedings to enforce judgment have begun, it must be made to the court or County Court hearing centre which is dealing with the enforcement of the judgment unless any enactment rule or practice direction states otherwise.
An applicant must file an application notice unless—
(a) a rule or practice direction states otherwise; or
(b) the court dispenses with the requirement.
A copy of the application notice must be served on each respondent unless a rule, practice direction or court order permits otherwise.
23.5 Where an application must be made within a specified time, it is made in time if the application notice is received by the court within that time.
23.6 An application notice must state –
(a) what order the applicant is seeking; and
(b) briefly, why the applicant is seeking the order.
(Part 22 requires an application notice to be verified by a statement of truth if the applicant wishes to rely on matters set out in the application notice as evidence)
(1) A copy of the application notice must be served—
(a) as soon as practicable after it is filed; and
(b) at least 3 days before the court is to deal with the application unless a different time limit is stated in a rule, practice direction or court order.
(2) If a copy of the application notice is to be served by the court, the applicant must, when hey file the application notice, file a copy of any supporting written evidence.
(3) When a copy of an application notice is served it must be accompanied by –
(a) a copy of any supporting written evidence; and
(b) a copy of any draft order which the applicant has attached to the application.
(4) If –
(a) an application notice is served; but
(b) the period of notice is shorter than the period required by these Rules or a practice direction,
the court may direct that, in the circumstances of the case, sufficient notice has been given and may hear the application.
(5) This rule does not require written evidence –
(a) to be filed if it has already been filed; or
(b) to be served on a party on whom it has already been served.
(1) The court may deal with an application without a hearing if—
(a) the parties agree the terms of the order sought;
(b) the parties agree to dispense with a hearing; or
(c) the court does not consider that a hearing would be appropriate.
(2) If the parties agree to dispense with a hearing, a party may not without the court’s permission apply to have the order set aside, varied or stayed.
(3) If the court decides the application without a hearing under paragraph (1)(c) and does so without giving the parties an opportunity to make representations—
(a) a party affected by the court’s order may within such period as the court may specify apply to have the order set aside, varied or stayed;
(b) if no period is specified, the application must be made within 7 days after the date the order was served on the party applying; and
(c) the order must contain a statement of the right to make such an application.
(4) An application under paragraph (3) shall be considered at an oral hearing unless the court decides and states in an order that the application is totally without merit.
(5) If the court decides under paragraph (4) that the application is totally without merit, an application under paragraph (3) may be made for reconsideration without an oral hearing.”.
(1) This rule applies where the court has disposed of an application which it permitted to be made without service of a copy of the application notice.
(2) Where the court makes an order, whether granting or dismissing the application, a copy of the application notice and any supporting evidence must, unless the court orders otherwise, be served with the order on any party or other person –
(a) against whom the order was made; and
(b) against whom the order was sought.
(3) The order must contain a statement of the right to make an application to set aside(GL) or vary the order under rule 23.10.
(1) A person who was not served with a copy of the application notice before an order was made under rule 23.9, may apply to have the order set aside(GL) or varied.
(2) An application under this rule must, unless the court directs otherwise, be made within 7 days after the date on which the order was served on the person making the application.
(1) Where the applicant or any respondent fails to attend the hearing of an application, the court may proceed in their absence.
(2) Where –
(a) the applicant or any respondent fails to attend the hearing of an application; and
(b) the court makes an order at the hearing,
the court may, on application or of its own initiative, re-list the application.
(Part 40 deals with service of orders)
23.12 If the court dismisses an application (including an application for permission to appeal or for permission to apply for judicial review) and it considers that the application is totally without merit –
(a) the court’s order must record that fact; and
(b) the court must at the same time consider whether it is appropriate to make a civil restraint order.