Rule 87.4 Initial consideration of the application on paperF1

(1)

Where the judge considers the application under rule 87.2 on paper, the judge may—

(a)

make an order for the issue of the writ;

(b)

adjourn the application to a hearing;

(c)

direct that the application be considered by a Divisional Court of the F2King’s Bench Division;

(d)

direct that the application continues as an application for permission to apply for judicial review;

(e)

give such other directions for resolution of the application as may be appropriate; or

(f)

dismiss the application.

(2)

Where the judge dismisses a paper application, the applicant may request the decision to be reconsidered at a hearing.

(3)

A request under paragraph (2) must be filed within 7 days after service of the order dismissing the application.

(4)

The applicant and the respondent must be given at least 2 days’ notice of the hearing date.

Annotations

F1: Pt. 87 inserted (6.4.2015) by The Civil Procedure (Amendment No. 8) Rules 2014 (S.I. 2014/3299), rule 2(c), Sch. 2
F2: Word in rule 87.4(1)(c) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 40(1)