Rule 80.17 HearingsF1
The following proceedings must be determined at a hearing—
a review hearing under section 9(1) of the F2TPIM Act or section 45(1) of the National Security Act (review hearing);
an appeal to the Court of Appeal from an order of the High Court made in the proceedings mentioned in sub-paragraph (a) or (b) above; and
a hearing under rule 80.25(2) (consideration of the Secretary of State’s objection or application).
Paragraph (1)(a) does not apply where the court discontinues the review hearing in accordance with section 9(3) of the F5TPIM Act or section 45(3) of the National Security Act.
Paragraph (1)(b) does not apply where—
the appeal is withdrawn by the TPIM F6or Part 2 subject;
the Secretary of State consents to the appeal being allowed; or
the TPIM or Part 2 subject is outside the United Kingdom or it is impracticable to give the TPIM or Part 2 subject notice of a hearing and, in either case, the TPIM or Part 2 subject is unrepresented.
Paragraph (1)(c) does not apply where—
the Court of Appeal grants a request by the appellant to dismiss the appeal;
the Court of Appeal allows the appeal with consent; or
the Court of Appeal strikes out the appeal.
Annotations
Textual amendments
- F1
Pt. 80 inserted (15.12.2011) by The Civil Procedure (Amendment No. 3) Rules 2011 (S.I. 2011/2970), rule 1, Sch.
- F2
Words in rule 80.17(1)(a) substituted (20.12.2023) by The Civil Procedure (Amendment No. 4) Rules 2023 (S.I. 2023/1397), rules 1, 21(a)(i)
- F3
Word in rule 80.17(1)(b) inserted (20.12.2023) by The Civil Procedure (Amendment No. 4) Rules 2023 (S.I. 2023/1397), rules 1, 21(a)(ii)(aa)
- F4
Words in rule 80.17(1)(b) inserted (20.12.2023) by The Civil Procedure (Amendment No. 4) Rules 2023 (S.I. 2023/1397), rules 1, 21(a)(ii)(bb)
- F5
Words in rule 80.17(2) substituted (20.12.2023) by The Civil Procedure (Amendment No. 4) Rules 2023 (S.I. 2023/1397), rules 1, 21(b)
- F6
Words in rule 80.17(3) inserted (20.12.2023) by The Civil Procedure (Amendment No. 4) Rules 2023 (S.I. 2023/1397), rules 1, 21(c)
Notes on Part 80
Textual amendments
- F2
Words in Pt. 80 heading inserted (20.12.2023) by The Civil Procedure (Amendment No. 4) Rules 2023 (S.I. 2023/1397), rules 1, 4
- F3
Words in Pt. 80 Table of Contents inserted (20.12.2023) by The Civil Procedure (Amendment No. 4) Rules 2023 (S.I. 2023/1397), rules 1, 5(a)
- F4
Words in Pt. 80 Table of Contents substituted (20.12.2023) by The Civil Procedure (Amendment No. 4) Rules 2023 (S.I. 2023/1397), rules 1, 5(b)