Article 17 Insertion of new rule 12.42B

After rule 12.42A (application for a writ of habeas corpus for release in relation to a minor) insert–

“Application to set aside an inherent jurisdiction order

12.42B.

(1)

In this rule—

• “inherent jurisdiction order” means an order, declaration or judgment made under the inherent jurisdiction, and includes—

  1. (a)

     a part of such an order, declaration or judgment; or

  2. (b)

     a consent order; and

• “set aside” means to set aside pursuant to section 17(2) of the Senior Courts Act 1981 and this rule.

(2)

A party may apply under this rule to set aside an inherent jurisdiction order where no error of the court is alleged.

(3)

An application under this rule must be made within the proceedings in which the inherent jurisdiction order was made.

(4)

An application under this rule must be made in accordance with the Part 18 procedure, subject to the modifications contained in this rule.

(5)

Where the court decides to set aside an inherent jurisdiction order, it shall give directions for a rehearing or make such other orders as may be appropriate to dispose of the application.

(6)

This rule is without prejudice to any power the High Court has to vary, revoke, discharge or set aside other orders, declarations or judgments where no error of the court is alleged.”.