Rule 82.23 Directions for hearing of an applicationF1

(1)

When a party to relevant civil proceedings or (if the Secretary of State is not a party) the Secretary of State makes an application under section 6(2) of the Act for a declaration, the court must serve notice of the application on—

(a)

all other parties and (if the Secretary of State is neither a party nor the applicant) the Secretary of State;

(b)

the legal representatives of all other parties and (where relevant) the Secretary of State; and

(c)

the special advocate,

(F21A)

If the court considers that it is necessary before it can determine whether to make a declaration under section 6(2) of the Act, it may, on application or of its own motion, direct the relevant person to file—

(a)

a draft response document, addressing the matters directed by the court (“a draft closed summary”); or

(b)

having first considered whether a draft closed summary is sufficient to determine the matter, a defence or response, as appropriate, to one or more of the grounds identified in the claim, together with such further directions as to its content as the court considers appropriate (“a draft closed defence”);

(1B)

A draft closed summary or a draft closed defence—

(a)

shall be disclosed to—

(i)

the court;

(ii)

any person appointed as a special advocate; or

(iii)

where the Secretary of State is not the relevant person but is a party to the proceedings, the Secretary of State,

but must not be disclosed otherwise; and

(b)

shall not be relied upon other than in determining whether to make a declaration under section 6(2) of the Act.

F3(Rule 82.18 provides that rules 5.4B and 5.4C do not apply to proceedings under this rule unless the court directs otherwise.)

(1C)

A draft closed defence is not a statement of case.

and must give directions for a directions hearing unless it considers that the application can be determined on the papers, in which case it must give directions as it considers appropriate.

(F42)

At the directions hearing the court must give directions—

(a)

for the hearing of the application; and

(b)

specifying a date and time by which the parties and the special advocate must file and serve any written evidence or written submissions.

F5(Rule 82.6 makes provision for hearings to be conducted in private.)

F6(3)

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Annotations

Textual amendments

F1: Pt. 82 inserted (27.6.2013) by The Civil Procedure (Amendment No. 5) Rules 2013 (S.I. 2013/1571), rule 1, Sch.
F2: Rules 82.23(1A)-(1C) inserted (12.9.2025) by The Civil Procedure (Amendment No. 2) Rules 2025 (S.I. 2025/893), rules 1(2)(a), 11(2)
F3: Words in rule 82.23 inserted (6.4.2026) by The Civil Procedure (Amendment) Rules 2026 (S.I. 2026/97), rules 1(2)(a), 8(2)
F4: First occurrence of rule 83.23(3) renumbered as rule 83.23(2) (6.4.2025) by The Civil Procedure (Amendment) Rules 2025 (S.I. 2025/106), rules 1(1), 17(2)(b)
F5: Words in rule 82.23 inserted (6.4.2025) by The Civil Procedure (Amendment) Rules 2025 (S.I. 2025/106), rules 1(1), 17(2)(d)
F6: Second occurrence of rule 83.23(3) omitted (6.4.2025) by virtue of The Civil Procedure (Amendment) Rules 2025 (S.I. 2025/106), rules 1(1), 17(2)(c)

Notes on Part 82

Textual amendments

F2: Words in Pt. 82 Table of Contents inserted (6.4.2026) by The Civil Procedure (Amendment) Rules 2026 (S.I. 2026/97), rules 1(2)(a), 8(1)