Rule 3.3 Court’s power to make order of its own initiativeI1

England and Wales

(1)

Except where a rule or some other enactment provides otherwise, the court may exercise its powers on an application or of its own initiative.

(Part 23 sets out the procedure for making an application)

(2)

Where the court proposes to make an order of its own initiative—

(a)

it may give any person likely to be affected by the order an opportunity to make representations; and

(b)

where it does so it must specify the time by and the manner in which the representations must be made.

(3)

Where the court proposes—

(a)

to make an order of its own initiative; and

(b)

to hold a hearing to decide whether to make the order,

it must give each party likely to be affected by the order at least 3 days' notice of the hearing.

(4)

The court may make an order of its own initiative without hearing the parties or giving them an opportunity to make representations.

(5)

Where the court has made an order under paragraph (4)—

(a)

a party affected by the order may apply to have it set aside^(GL), varied or stayed^(GL); and

(b)

the order must contain a statement of the right to make such an application.

(6)

An application under paragraph (5)(a) must be made—

(a)

within such period as may be specified by the court; or

(b)

if the court does not specify a period, not more than 7 days after the date on which the order was served on the party making the application.

F1(7)

An application under paragraph (5)(a) shall be considered at an oral hearing unless the court decides and states in an order that the application is totally without merit.

(8)

If the court decides under paragraph (7) that the application is totally without merit, an application under paragraph (5)(a) may be made for reconsideration without an oral hearing.

(F2F39)

If the court of its own initiative strikes out a statement of case or dismisses an application F4(including an application for permission to appeal or for permission to apply for judicial review), and it considers that the claim or application is totally without merit—

(a)

the court’s order must record that fact; and

(b)

the court must at the same time consider whether it is appropriate to make a civil restraint order.

Annotations

Textual amendments

F1: Rule 3.3(7)(8) 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), 3(2)(a)
F2: Rule 3.3(7) inserted (1.10.2004) by The Civil Procedure (Amendment No.2) Rules 2004 (S.I. 2004/2072), rules 1(b), 4
F3: Rule 3.3(7) renumbered as rule 3.3(9) (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), 3(2)(b)
F4: Words in rule 3.3(7) inserted (1.10.2005) by The Civil Procedure (Amendment No.3) Rules 2005 (S.I. 2005/2292), rules 1(c), 4

Commencement

I1: Rule 3.3 in force at 26.4.1999, see Signature

Notes on Part 3

Textual amendments

F1: Words in Pt. 3 heading inserted (1.4.2013) by The Civil Procedure (Amendment) Rules 2013 (S.I. 2013/262), rules 2, 5(a) (with rule 22)
F2: Words in Pt. 3 Table of Contents inserted (1.4.2013) by The Civil Procedure (Amendment) Rules 2013 (S.I. 2013/262), rules 2, 5(b)(i) (with rule 22)
F3: Words in Pt. 3 Table of Contents inserted (1.10.2015) by The Civil Procedure (Amendment No. 4) Rules 2015 (S.I. 2015/1569), rules 1(2), 3
F4: Words in Pt. 3 Table of Contents substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 6(b); S.I. 2014/954, art. 2(a)
F5: Words in Pt. 3 Table of Contents substituted (14.8.2023) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(2), 3(1)
F6: Words in Pt. 3 Table of Contents inserted (19.3.2012) by The Civil Procedure (Amendment No.4) Rules 2011 (S.I. 2011/3103), rules 1, 4(a)(ii)
F7: Words in Pt. 3 Table of Contents inserted (6.3.2017) by The Civil Procedure (Amendment) Rules 2017 (S.I. 2017/95), rules 2(b), 5(1)(a) (with rule 13(1)(2))
F8: Words in Pt. 3 Table of Contents inserted (6.3.2017) by The Civil Procedure (Amendment) Rules 2017 (S.I. 2017/95), rules 2(b), 5(1)(b) (with rule 13(1)(2))
F9: Words in Pt. 3 Table of Contents substituted (1.10.2022) by The Civil Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/783), rules 1(1), 4(2)
F10: Words in Pt. 3 Table of Contents inserted (1.4.2013) by The Civil Procedure (Amendment) Rules 2013 (S.I. 2013/262), rules 2, 5(b)(iii) (with rule 22)
F11: Words in Pt. 3 Table of Contents inserted (6.4.2016) by The Civil Procedure (Amendment) Rules 2016 (S.I. 2016/234), rules 2, 4 (with rule 23)

Modifications

C1: Pt. 3 applied (with modifications) (1.10.2007) by The Court of Protection Rules 2007 (S.I. 2007/1744), rules 1, 184(a)

Notes on Case Management

Textual amendments

F1: Pt. 3 Section 1 heading inserted (1.4.2013) by The Civil Procedure (Amendment) Rules 2013 (S.I. 2013/262), rules 2, 5(c) (with rule 22)