OpenLegislation

Rule 23.11 Power of the court to proceed in the absence of a partyI1

England and Wales

(1)

Where the applicant or any respondent fails to attend the hearing of an application, the court may proceed in F1their 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)

Annotations

Textual amendments

F1

Word in rule 23.11(1) substituted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 14(11)

Commencement

I1

Rule 23.11 in force at 26.4.1999, see Signature

Notes on Part 23

Textual amendments

F1

Word in Pt. 23 Table of Contents substituted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 14(1)(a)

F2

Word in Pt. 23 Table of Contents substituted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 14(1)(b)

F3

Words in Pt. 23 Table of Contents inserted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 14(1)(c)

F4

Words in Pt. 23 Table of Contents substituted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules, 1(1) 14(1)(d