see also Practice Direction 10
Title | Number |
---|---|
Types of application for which Part 10 procedure may be followed | Rule 97 |
Contents of the application | Rule 98 |
Issue of application without naming respondents | Rule 99 |
Acknowledgement of service | Rule 100 |
Consequence of not filing an acknowledgement of service | Rule 101 |
Filing and serving written evidence | Rule 102 |
Evidence – general | Rule 103 |
Procedure where respondent objects to use of the Part 10 procedure | Rule 104 |
Applications under section 60(3) and 79(4) or rule 108 | Rule 105 |
(1) The Part 10 procedure is the procedure set out in this Part.
(2) An applicant may use the Part 10 procedure where the procedure set out in Part 9 does not apply and –
(a) there is no form prescribed by a rule or practice direction in which to make the application;
(b) he seeks the court's decision on a question which is unlikely to involve a substantial dispute of fact; or
(c) paragraph (5) applies.
(3) The court may at any stage direct that the application is to continue as if the applicant had not used the Part 10 procedure and, if it does so, the court may give any directions it considers appropriate.
(4) Paragraph (2) does not apply –
(a) to applications made in accordance with –
(i) rule 27 (request to dispense with consent);
(ii) rule 59(2) (appointment of children's guardian);
(iii) rule 84 (disclosure of information to adopted adult);
(iv) rule 106 (withdrawal of application); or
(v) rule 107 (recovery orders); or
(b) if a practice direction provides that the Part 10 procedure may not be used in relation to the type of application in question.
(1) In this Part ‘application’ means an application made under this Part.
(2) Where the applicant uses the Part 10 procedure the application must state –
(a) that this Part applies;
(b)
(i) the question which the applicant wants the court to decide; or
(ii) the order which the applicant is seeking and the legal basis of the application for that order;
(c) if the application is being made under an enactment, what that enactment is;
(d) if the applicant is applying in a representative capacity, what that capacity is; and
(e) if the respondent appears or is to appear in a representative capacity, what that capacity is.
(1) A practice direction may set out circumstances in which an application may be issued under this Part without naming a respondent.
(2) The practice direction may set out those cases in which an application for permission must be made before the application is issued.
(3) The application for permission –
(a) need not be served on any other person; and
(b) must be accompanied by a copy of the application that the applicant proposes to issue.
(1) Subject to paragraph (2), each respondent must file an acknowledgement of service within 14 days beginning with the date on which the application is served.
(2) If the application is to be served out of the jurisdiction the respondent must file an acknowledgement of service within the period set out in the practice direction supplementing Part 6, section 2.
(3) A court officer will serve the acknowledgement of service on the applicant and any other party.
(1) This rule applies where –
(a) the respondent has failed to file an acknowledgement of service; and
(b) the time period for doing so has expired.
(1) The applicant must file written evidence on which he intends to rely when he files his application.
(3) A respondent who wishes to rely on written evidence must file it when he files his acknowledgement of service.
(4) A court officer will serve the respondent's evidence, if any, on the other parties with the acknowledgement of service.
(5) The applicant may, within 14 days beginning with the date on which a respondent's evidence was served on him, file further written evidence in reply.
(6) If he does so, a court officer will serve a copy of that evidence on the other parties.
(1) No written evidence may be relied on at the hearing of the application unless –
(a) it has been served in accordance with rule 102; or
(b) the court gives permission.
(1) Where a respondent contends that the Part 10 procedure should not be used because –
(a) there is a substantial dispute of fact; and
(b) the use of the Part 10 procedure is not required or permitted by a rule or practice direction,
he must state his reasons when he files his acknowledgement of service.
(1) The Part 10 procedure must be used in an application made in accordance with –
(a) section 60(3) (order to prevent disclosure of information to an adopted person);
(b) section 79(4) (order for Registrar General to give any information referred to in section 79(3)); and
(c) rule 108 (directions of High Court regarding fathers without parental responsibility).