Rule 77.23 Applications other than under Part 2 of the 2013 ActF1
This rule applies where, on application by the claimant, the court considers that—
the disclosure of any information or any report (“the relevant material”) would adversely affect—
the prevention of disorder or crime; or
the health or welfare of the defendant or any other person; and
withholding the relevant material is a necessary and proportionate measure.
Where this rule applies, the court must direct that the relevant material—
be withheld from the defendant and their legal representative;
be withheld from the defendant, but disclosed to their legal representative, in full or in a summary or redacted version, subject to the legal representative undertaking to the court not to disclose the relevant material or the summary or redacted version (as the case may be) to the defendant, or to any other person except as directed by the court and provided in the undertaking;
be disclosed to the defendant and their legal representative in a summary or redacted version; or
be withheld from the defendant and their legal representative, but disclosed to a special advocate.
The court may vary or set aside a direction under paragraph (2) on application or of its own motion.
Annotations
Textual amendments
- F1
Pt. 77 Section 3 inserted (31.12.2025) by The Civil Procedure (Amendment No. 3) Rules 2025 (S.I. 2025/1229), rules 1(1), 3(3)
Notes on Part 77
Textual amendments
- F1
Pt. 77 inserted (6.4.2008) by The Civil Procedure (Amendment No.2) Rules 2007 (S.I. 2007/3543), rule 1(b), Sch.
- F2
Words in Pt. 77 Table of Contents substituted (1.10.2010) by The Civil Procedure (Amendment No.2) Rules 2010 (S.I. 2010/1953), rules 1(2), 10(a)(i)
- F3
Words in Pt. 77 Table of Contents inserted (1.10.2010) by The Civil Procedure (Amendment No.2) Rules 2010 (S.I. 2010/1953), rules 1(2), 10(a)(ii)
- F4
Words in Pt. 77 Table of Contents inserted (31.12.2025) by The Civil Procedure (Amendment No. 3) Rules 2025 (S.I. 2025/1229), rules 1(1), 3(1)