Article 46 Interlocutory applications in the Divisional Court

Order 55 shall be amended by inserting, after rule 6, the following new rule—

“Interlocutory applications

6A

(1)

Unless the Court otherwise directs, any interlocutory application in proceedings to which this Order applies may be made to any Judge or a Master of the Queen’s Bench Division or, as the case may be, any Judge or a Registrar of the Family Division, notwithstanding that the appeal has been brought by motion and is to be heard by a Divisional Court.

In this paragraph “interlocutory application” includes an application for the extension of time for the service of the notice of motion or the entry of the appeal or for the amendment of the notice of motion.

(2)

In relation to an order made by a Master or Registrar pursuant to paragraph (1), Order 58, rule 1 shall, where the appeal is to be heard by a Divisional Court, have effect as if a reference to that Court were substituted for the reference to a Judge in chambers.

(3)

This rule is without prejudice to any statutory provision or rule of law restricting the making of an order against the Crown.”.