Rule 77.27 Special advocatesF1

(1)

In any proceedings to which this Sub-section applies, the court may at any stage direct the claimant to request the Attorney General to appoint a special advocate to represent the interests of the defendant.

(2)

The function of a special advocate is to represent the interests of the defendant by, for example—

(a)

making submissions to the court at any hearing from which the party and that party’s legal representative are excluded;

(b)

adducing evidence and cross-examining witnesses at such a hearing;

(c)

making applications to the court or seeking directions from the court where necessary; and

(d)

making written submissions to the court, including whether relevant material withheld under rule 77.23(2) should be disclosed in full or in a summary or redacted version.

(3)

Where the court makes a direction under paragraph (1), the claimant—

(a)

must within seven days of receipt of notification of their appointment, serve on the special advocate, copies of—

(i)

the claim form and further material specified in rule 77.19(2), and any further evidence served on the defendant;

(ii)

the acknowledgement of service and any further evidence served by the defendant;

(iii)

the application under rule 77.23(1) and the relevant material and documents specified in rule 77.24(1); and

(iv)

if applicable, the court’s direction under rule 77.23(2); and

(b)

may not rely on the relevant material which is the subject of the application under rule 77.23(1) unless a special advocate has been appointed, and the relevant material has been served on them.

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)