Rule 79.18 Appointment of a special advocateF1

(1)

Subject to paragraph (2), F2the appropriate Minister must immediately give notice of the proceedings to the Attorney General—

(a)

upon being served with any claim form, application notice or appeal notice; or

(b)

where the appropriate Minister F3intends to file an appeal notice,

in proceedings to which F4Section 2 or 3 of this Part applies.

(2)

Paragraph (1) applies unless—

(a)

the appropriate Minister F5does not intend to—

(i)

oppose the claim, application or appeal; or

(ii)

apply for permission to withhold closed material from a party and that party’s legal representative; or

(b)

a special advocate has already been appointed to represent the interests of a party other than the appropriate Minister and that special advocate is not prevented from communicating with that party by virtue of rule 79.20.

(3)

Where any proceedings to which F6Section 2 or 3 of this Part applies are pending but no special advocate has been appointed, any party may request the Attorney General to appoint a special advocate.

Annotations

Textual amendments

F1: Pt. 79 inserted (4.12.2008) by The Civil Procedure (Amendment No.2) Rules 2008 (S.I. 2008/3085), rule 1, Sch.
F2: Words in rule 79.18 substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(13)(a)
F3: Word in rule 79.18(1)(b) substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(13)(b)
F4: Words in rule 79.18(1) inserted (1.10.2009) by The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rules 1(2), 18(e)(i)
F5: Word in rule 79.18(2)(a) substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(13)(c)
F6: Words in rule 79.18(3) inserted (1.10.2009) by The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rules 1(2), 18(e)(ii)

Notes on Part 79

Textual amendments

F2: Pt. 79 heading substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(3)(a)
F3: Words in Pt. 79 Table of Contents substituted (24.12.2010) by The Civil Procedure (Amendment No.4) Rules 2010 (S.I. 2010/3038), rules 1(2), 3(a)(i)
F4: Words in Pt. 79 Table of Contents inserted (24.12.2010) by The Civil Procedure (Amendment No.4) Rules 2010 (S.I. 2010/3038), rules 1(2), 3(a)(ii)
F5: Words in Pt. 79 Table of Contents substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(3)(a)
F6: Words in Pt. 79 Table of Contents omitted (24.12.2010) by virtue of The Civil Procedure (Amendment No.4) Rules 2010 (S.I. 2010/3038), rules 1(2), 3(a)(iv)
F7: Words in Pt. 79 Table of Contents substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(3)(b)
F8: Words in Pt. 79 Table of Contents omitted (24.12.2010) by virtue of The Civil Procedure (Amendment No.4) Rules 2010 (S.I. 2010/3038), rules 1(2), 3(a)(v)
F9: Words in Pt. 79 Table of Contents inserted (24.12.2010) by The Civil Procedure (Amendment No.4) Rules 2010 (S.I. 2010/3038), rules 1(2), 3(a)(vi)
F10: Words in Pt. 79 Table of Contents inserted (24.12.2010) by The Civil Procedure (Amendment No.4) Rules 2010 (S.I. 2010/3038), rules 1(2), 3(a)(vii)
F11: Words in Pt. 79 Table of Contents inserted (24.12.2010) by The Civil Procedure (Amendment No.4) Rules 2010 (S.I. 2010/3038), rules 1(2), 3(a)(viii)
F12: Words in Pt. 79 Table of Contents substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(3)(c)
F13: Words in Pt. 79 Table of Contents substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(3)(d)
F14: Words in Pt. 79 Table of Contents substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(3)(e)
F15: Words in Pt. 79 Table of Contents inserted (1.10.2009) by The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rules 1(2), 18(a)

Notes on GENERAL PROVISIONS APPLICABLE TO SECTIONS 2 AND 3 OF THIS PART

Textual amendments

F2: Words in Pt. 79 Section 4 heading inserted (24.12.2010) by The Civil Procedure (Amendment No.4) Rules 2010 (S.I. 2010/3038), rules 1(2), 3(j)