Rule 23.7 Representations in responseI1

England and Wales

(1)

This rule applies where a party wants to make representations about—

(a)

an application under rule 23.4 for a prohibition against cross-examination;

(b)

an application under rule 23.5 for the discharge of such a prohibition; or

(c)

a prohibition or discharge that the court proposes on its own initiative.

(2)

Such a party must—

(a)

serve the representations on—

(i)

the court officer, and

(ii)

each other party;

(b)

do so not more than 10 business days after, as applicable—

(i)

service of the application, or

(ii)

notice of the prohibition or discharge that the court proposes; and

(c)

ask for a hearing, if that party wants one, and explain why it is needed.

(3)

Representations against a prohibition must explain in what respect the conditions for imposing it are not met.

(4)

Representations against the discharge of a prohibition must explain why it should not be discharged.

(5)

Where representations include information that the person making them thinks ought not be revealed to another party, that person must—

(a)

omit that information from the representations served on that other party;

(b)

mark the information to show that, unless the court otherwise directs, it is only for the court; and

(c)

with that information include an explanation of why it has been withheld from that other party.

Annotations