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Rule 65.51 Applications for a respect order – generalF1F2

(1)

An application for a respect order under Part A1 of the 2014 Act is subject to the Part 8 procedure as modified by this rule and rules 65.52 and 65.53, and Practice Direction 65.

(2)

The application—

(a)

must be made by a claim form in accordance with Practice Direction 65;

(b)

if made in a County Court hearing centre, must be made in the County Court hearing centre which serves the address where the defendant resides or carries on business or the area in which the conduct complained of took place;

(c)

must be supported by a witness statement which must be filed with the claim form;

(d)

must include a statement that the defendant is entitled to a reasonable opportunity to obtain legal representation and to apply for legal aid which may be available; and

(e)

must include a statement that the notification requirements under section K1 of the 2014 Act have been complied with and who has been notified, or that no notice was required.

(3)

The claim form must—

(a)

state the matters required by rule 8.2;

(b)

state the terms of the respect order applied for; and

(c)

be accompanied by a draft of the respect order sought, in accordance with Practice Direction 65.

Annotations

Textual amendments

F1

Pt. 65 inserted (30.6.2004) by The Civil Procedure (Amendment) Rules 2004 (S.I. 2004/1306), rule 1(b), Sch. 2 (with rule 20(2)(a))

F2

Pt. 65 Section 9 inserted (26.10.2026) by The Civil Procedure (Amendment No. 2) Rules 2026 (S.I. 2026/817), rule 1(5), Sch. 2

Notes on Part 65

Textual amendments

F2

Words in Pt. 65 Table of Contents substituted (1.12.2022) by The Civil Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/783), rules 1(2), 29(1)(a)

F3

Words in Pt. 65 Table of Contents inserted (1.12.2022) by The Civil Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/783), rules 1(2), 29(1)(b)

F4

Words in Pt. 65 Table of Contents inserted (1.12.2022) by The Civil Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/783), rules 1(2), 29(1)(c)

F5

Words in Pt. 65 Table of Contents inserted (1.12.2022) by The Civil Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/783), rules 1(2), 29(1)(d)

F6

Words in Pt. 65 Table of Contents inserted (1.12.2022) by The Civil Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/783), rules 1(2), 29(1)(e)

F7

Words in Pt. 65 Table of Contents inserted (31.8.2009) by The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rules 1(3), 13(a)

F8

Words in Pt. 65 Table of Contents inserted (31.1.2011) by The Civil Procedure (Amendment No.2) Rules 2010 (S.I. 2010/1953), rules 1(3), 9(a); S.I. 2010/2988 , art. 2

F9

Words in Pt. 65 Table of Contents inserted (1.10.2014) by The Civil Procedure (Amendment No. 6) Rules 2014 (S.I. 2014/2044), rules 2, 11(a)(i)

F10

Words in Pt. 65 Table of Contents inserted (1.10.2014) by The Civil Procedure (Amendment No. 6) Rules 2014 (S.I. 2014/2044), rules 2, 11(a)(ii)

F11

Words in Pt. 65 Table of Contents inserted (26.10.2026) by The Civil Procedure (Amendment No. 2) Rules 2026 (S.I. 2026/817), rules 1(5), 23(1)