Article 7 Amendment to the Civil Procedure Rules 1998

In Part 52—

(1)

in rule 52.3—

(a)

at the beginning of paragraph (4), for “Where” substitute “Subject to paragraph (4A), where”; and

(b)

after paragraph (4), insert—

“(4A)

Where the Court of Appeal refuses permission to appeal without a hearing, it may, if it considers that the application is totally without merit, make an order that the person seeking permission may not request the decision to be reconsidered at a hearing. The court may not make such an order in family proceedings.

(“Family proceedings” is defined by section 32 of the Matrimonial and Family Proceedings Act 1984)

(4B)

°Rule 3.3(5) will not apply to an order that the person seeking permission may not request the decision to be reconsidered at a hearing made under paragraph (4A).”; and

(2)

in rule 52.7, sub-section (b), for “Immigration Appeal Tribunal” substitute “Asylum and Immigration Tribunal”.