OpenLegislation

Paragraph 54.1A Who may exercise the powers of the High CourtF1F2

(1)

A court officer assigned to the Administrative Court office who is—

(a)

a barrister; F3...

(b)

a solicitor F4; or

(F5c)

a Fellow of the Chartered Institute of Legal Executives F6or a CILEX lawyer,

may exercise the jurisdiction of the High Court with regard to the matters set out in paragraph (2) with the consent of the President of the F7King’s Bench Division.

(2)

The matters referred to in paragraph (1) are—

(a)

any matter incidental to any proceedings in the High Court;

(b)

any other matter where there is no substantial dispute between the parties; and

(c)

the dismissal of an appeal or application where a party has failed to comply with any order, rule or practice direction.

(3)

A court officer may not decide an application for—

(a)

permission to bring judicial review proceedings;

(b)

an injunction;

(c)

a stay of any proceedings, other than a temporary stay of any order or decision of the lower court over a period when the High Court is not sitting or cannot conveniently be convened, unless the parties seek a stay by consent.

(4)

Decisions of a court officer may be made without a hearing.

(5)

A party may request any decision of a court officer to be reviewed by a judge of the High Court.

(6)

At the request of a party, a hearing will be held to reconsider a decision of a court officer, made without a hearing.

(7)

A request under paragraph (5) or (6) must be filed within 7 days after the party is served with notice of the decision.

Annotations

Textual amendments

F1

Pt. 54 inserted (2.10.2000) by The Civil Procedure (Amendment No. 4) Rules 2000 (S.I. 2000/2092), rule 1, Sch. (with rule 30)

F2

Rule 54.1A inserted (1.10.2012) by The Civil Procedure (Amendment No.2) Rules 2012 (S.I. 2012/2208), rules 1, 9(b)

F3

Word in rule 54.1A(1)(a) omitted (6.4.2020) by virtue of The Civil Procedure (Amendment) Rules 2020 (S.I. 2020/82), rules 1(1), 7(a)

F4

Word in rule 54.1A(1)(b) substituted (6.4.2020) by The Civil Procedure (Amendment) Rules 2020 (S.I. 2020/82), rules 1(1), 7(b)

F5

Rule 54.1A(1)(c) inserted (6.4.2020) by The Civil Procedure (Amendment) Rules 2020 (S.I. 2020/82), rules 1(1), 7(c)

F6

Words in rule 54.1A(1)(c) inserted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 28(1)(a)

F7

Word in rule 54.1A(1) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 28(1)(b)

Notes on Part 54

Textual amendments

F2

Pt. 54 heading substituted (1.4.2003) by The Civil Procedure (Amendment) Rules 2003 (S.I. 2003/364), rules 1, 3

F3

Pt. 54 Table of Contents substituted (1.4.2003) by The Civil Procedure (Amendment) Rules 2003 (S.I. 2003/364), rule 1, Sch. Pt. 1

F4

Words in Pt. 54 Table of Contents inserted (1.10.2012) by The Civil Procedure (Amendment No.2) Rules 2012 (S.I. 2012/2208), rules 1, 9(a)(i)

F5

Words in Pt. 54 Table of Contents inserted (1.10.2012) by The Civil Procedure (Amendment No.2) Rules 2012 (S.I. 2012/2208), rules 1, 9(a)(ii)

F6

Words in Pt. 54 Table of Contents inserted (6.4.2014) by virtue of The Civil Procedure (Amendment No. 3) Rules 2014 (S.I. 2014/610), rules 2, 3 (with rule 4)

F7

Words in Pt. 54 Table of Contents inserted (1.10.2022) by The Civil Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/783), rules 1(1), 21(1)(b)

Notes on JUDICIAL REVIEW

Textual amendments

F2

Pt. 54 Section 1 heading inserted (1.4.2003) by The Civil Procedure (Amendment) Rules 2003 (S.I. 2003/364), rule 1, Sch. Pt. 1