Rule 23.8 Applications which may be dealt with without a hearingF1

The court may deal with an application without a hearing if—

If the parties agree to dispense with a hearing, a party may not without the court’s permission apply to have the order set aside, varied or stayed.

F2If the court decides the application without a hearing under paragraph (1)(c) and does so in circumstances where the parties affected by the application have not had an opportunity to make representations about the substance of the application—

An application under paragraph (3) shall be considered at an oral hearing unless the court decides and states in an order that the application F3under paragraph (1) is totally without merit.

If the court decides under paragraph (4) that the application F4under paragraph (1) is totally without merit, an application under paragraph (3) may be made for reconsideration without an oral hearing.