Rule 82.28 Possible revocation of declaration: court’s own motionF1

(1)

This rule applies if the court at any time considers that a declaration made under section 6 of the Act may no longer be in the interests of the fair and effective administration of justice in the proceedings.

(2)

The court must in writing—

(a)

notify the parties (and the Secretary of State if not a party) and the special advocate that it is considering whether to revoke the declaration; and

(b)

invite them to make submissions.

(3)

Each party (and the Secretary of State if not a party) and the special advocate must within 28 days of the date of notification under paragraph (2) file a response either—

(a)

containing written submissions supporting or opposing revocation of the declaration and giving reasons; or

(b)

confirming that the party (or the Secretary of State, or the special advocate, as appropriate) does not wish to make any submissions.

(4)

The court may, on receipt of the responses under paragraph (3), either—

(a)

give directions—

(i)

for a hearing to determine whether the declaration should be revoked; and

(ii)

specifying a date and time by which the parties (and Secretary of State if not a party) and special advocate must file and serve any written evidence or written submissions; or

(b)

determine the issue without a hearing.

(5)

A hearing under this rule shall take place in the absence of the specially represented party and the specially represented party’s legal representative.

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.

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)