OpenLegislation

Rule 54.12 Permission decision without a hearingF1

(1)

This rule applies where the court, without a hearing—

(a)

refuses permission to proceed; or

(b)

gives permission to proceed—

(i)

subject to conditions; or

(ii)

on certain grounds only.

(2)

The court will serve its reasons for making the decision when it serves the order giving or refusing permission in accordance with rule 54.11.

(3)

F2Subject to paragraph (7), the claimant may not appeal but may request the decision to be reconsidered at a hearing.

(4)

A request under paragraph (3) must be filed within 7 days after service of the reasons under paragraph (2).

(5)

The claimant, defendant and any other person who has filed an acknowledgment of service will be given at least 2 days' notice of the hearing date.

(F36)

The court may give directions requiring the proceedings to be heard by a Divisional Court.

(F47)

Where the court refuses permission to proceed and records the fact that the application is totally without merit in accordance with rule 23.12, the claimant may not request that decision to be reconsidered at a hearing.

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

Words in rule 54.12(3) substituted (1.7.2013) by The Civil Procedure (Amendment No. 4) Rules 2013 (S.I. 2013/1412), rules 1, 4(b)(i) (with rule 5)

F3

Rule 54.12(6) inserted (20.10.2010) by The Civil Procedure (Amendment No.3) Rules 2010 (S.I. 2010/2577), rules 1(2), 4

F4

Rule 54.12(7) inserted (1.7.2013) by The Civil Procedure (Amendment No. 4) Rules 2013 (S.I. 2013/1412), rules 1, 4(b)(ii) (with rule 5)

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