Rule 23.7 Service of a copy of an application noticeI1

England and Wales

F1(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 F2they file the application notice, file a copy of any F3supporting written evidence.

(3)

When a copy of an application notice is served it must be accompanied by—

(a)

a copy of any F4supporting written evidence; and

(b)

a copy of any draft order which the applicant has attached to F5the 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 F6may 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.

F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1: Rule 23.7(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(7)(a)
F2: Words in rule 23.7(2) 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(7)(b)(i)
F3: Words in rule 23.7(2) 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(7)(b)(ii)
F4: Words in rule 23.7(3)(a) 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(7)(c)(i)
F5: Word in rule 23.7(3)(b) 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(7)(c)(ii)
F6: Word in rule 23.7(4) 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(7)(d)
F7: Words in rule 23.7(5) omitted (1.10.2023 immediately after S.I. 2023/572 comes into force) by virtue of The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 14(7)(e)

Commencement

I1: Rule 23.7 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