Rule 79.25 Application to withhold closed materialF1
F2The appropriate Minister—
must apply to the court for permission to withhold closed material from another party and that party’s legal representative in accordance with this rule; and
may not rely on closed material at a hearing unless a special advocate has been appointed and attends the hearing to represent the interests of that party.
The appropriate Minister must file with the court and serve, at such time as the court directs, on the special advocate—
the closed material;
a statement of the reasons for withholding that material from the specially represented party; and
if the appropriate Minister F3considers it possible to summarise that material without disclosing information contrary to the public interest, a summary of that material in a form which can be served on the specially represented party or that party’s legal representative.
Where the appropriate Minister F4serves on the special advocate any closed material which has been redacted on grounds other than those of legal professional privilege—
the appropriate Minister must file with the court the material in an unredacted form together with an explanation of the redactions; and
the court will give a direction to the appropriate Minister as to what may be redacted and what, if any, must be served on the special advocate in an F5unredacted form.
The appropriate Minister may at any time amend or supplement material filed under this rule, but only with—
the agreement of the special advocate; or
the permission of the court.
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 79.25 substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(18)(a)
- F3
Word in rule 79.25(2)(c) substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(18)(b)
- F4
Word in rule 79.25(3) substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(18)(c)
- F5
Word in rule 79.25(3)(b) substituted (24.12.2010) by The Civil Procedure (Amendment No.4) Rules 2010 (S.I. 2010/3038), rules 1(2), 3(o)
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)