Rule 54.11A Permission decision where court requires a hearingF1F2
England and Wales
This rule applies where the court wishes to hear submissions on—
whether it is highly likely that the outcome for the claimant would not have been substantially different if the conduct complained of had not occurred; and if so
whether there are reasons of exceptional public interest which make it nevertheless appropriate to give permission.
The court may direct a hearing to determine whether to give permission.
The claimant, defendant and any other person who has filed an acknowledgment of service must be given at least 2 days’ notice of the hearing date.
The court may give directions requiring the proceedings to be heard by a Divisional Court.
The court must give its reasons for giving or refusing permission.
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 54.11A inserted (13.4.2015) by The Civil Procedure (Amendment No. 2) Rules 2015 (S.I. 2015/670), rules 2(4), 10 (with rule 12(2)); S.I. 2015/778, art. 3, Sch. 1 para. 69
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