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Rule 77.24 Relevant material and statement of reasons to be filedF1

(1)

An application under rule 77.23(1) must—

(a)

include the relevant material;

(b)

identify the persons from whom the relevant material should be withheld;

(c)

set out the reasons for withholding the relevant material and explain why it is a necessary and proportionate measure;

(d)

if the claimant proposes disclosure in a summary or redacted version, include a draft of that document; and

(e)

state whether the claimant will withdraw and no longer rely on the relevant material in the event of the application being refused.

(2)

When an application is made under rule 77.23(1), the application need not be served on the defendant, but the claimant must, at the same time as filing the application—

(a)

notify the defendant that an application has been made, whether or not a special advocate has already been appointed;

(b)

if the application proposes disclosure to the defendant in a summary or redacted version, include with the notification a draft of that document; and

(c)

if one has been appointed in respect of an earlier application under rule 77.23(1), serve on the special advocate the application and accompanying material under paragraph (1).

(3)

Where paragraph (2)(c) applies, the special advocate may file and serve on the claimant written submissions regarding the application within 14 days of service of the application.

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)