Rule 44J Application for excepting direction

Northern Ireland

(1)

An application for a direction under section 46(9) of the 1999 Act (“an excepting direction”) may be made at any time after the commencement of the proceedings if a reporting direction has been given by the Court in respect of a witness in those proceedings.

(2)

The application under paragraph (1) may be made by—

(a)

Any party to those proceedings; or

(b)

any person who, although not a party to the proceedings, is directly affected by a reporting direction given in relation to a witness in those proceedings or could be so affected if the Court in determining an application gave a reporting direction.

(3)

An application for an excepting direction may be made—

(a)

orally at the time the reporting direction is given; or

(b)

by giving notice in writing which shall be in Form 7B in the Schedule.

(4)

An applicant for an excepting direction shall state why, in his opinion—

(a)

the effect of the restrictions imposed (or which the applicant for the reporting direction seeks to have imposed) places a substantial and unreasonable restriction on the reporting of the proceedings; and

(b)

it is in public interest to remove or relax those restrictions.

(5)

Where the application for an excepting direction is made in writing, the notice under paragraph (3)(b) shall be served on the chief clerk, and at the same time a copy thereof shall be served, by the applicant, on every other party or, as the case may be, every party to those proceedings.

(6)

Any party who wishes to oppose the application shall, within 7 days of the date that notice of the application was served on him, notify the applicant and the chief clerk, in writing, of his opposition giving reasons for it.