Rule 18.3 Court’s power to make order of its own initiativeI1

England

(1)

Except where a rule or some other enactment provides otherwise, the court may exercise its powers (under this or any other Part) on an application or of its own initiative.

(2)

Where the court proposes to make an order of its own initiative—

(a)

it may give any person likely to be affected by the order an opportunity to make representations; and

(b)

where it does so it must specify the time by and the manner in which the representations must be made.

(3)

Where the court proposes—

(a)

to make an order of its own initiative; and

(b)

to hold a hearing to decide whether to make the order,

it must give each party likely to be affected by the order at least 3 days’ notice of the hearing.

(4)

The court may make an order of its own initiative, without hearing the parties or giving them an opportunity to make representations.

(5)

Where the court has made an order under paragraph (4)–

(a)

a party affected by the order may apply to have it set aside, varied or stayed; and

(b)

the order must contain a statement of the right to make such an application.

(6)

An application under paragraph (5)(a) must be made–

(a)

within such period as may be specified by the court; or

(b)

if the court does not specify a period, not more than 7 days after the date on which the order was served on the party making the application.

(7)

Paragraphs (3) to (6) do not apply where the court makes, or proposes to make, an order of its own initiative under rule 3.7(4) (determination of question whether a particular matter may be undertaken without a faculty) or rule 16.7 (injunction or restoration order issued of court’s own initiative).

Annotations

Commencement

I1: Rule 18.3 in force at 1.1.2016, see rule 28.1(2)