Rule 91 Determination of application for permission to appeal etc.
The person who, under section 53 (2) of the CCM, is to hear the application for permission under section 53 (1) (b) of the CCM (“the judge”) must give written notice of the hearing to—
each person who, if permission were given for an appeal or review, would be a party to it, and
any other person whom the judge considers appropriate.
A hearing is to be held in public except in circumstances in which the judge is satisfied that it is in the interests of justice to sit in private.
Where a hearing is held in public, the judge may exclude such persons as the judge decides from the whole or part of the hearing.
Before determining the application, the judge must give each person referred to in paragraph (1)(a) 14 days within which to make written representations in response to the application; and each of those persons—
must give any such representations to the registrar of tribunals, and
must give copies of them to the applicant.
The judge may give permission to the applicant only if satisfied—
that there would be a real prospect of success on the appeal or review, or
that there is another compelling reason why the appeal or review should be heard.
The determination of the application must be recorded in writing and sent to the parties.
Where the judge grants the application for permission, the judge may direct that the issues to be heard on the appeal or review are to be limited in the way specified.