Article 48 Interlocutory applications in the Divisional Court

Order 56 shall be further amended by inserting, after rule 12, the following new rule—

“Interlocutory applications

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(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 case stated and is to be heard by a Divisional Court.

In this paragraph “interlocutory application” includes an application for an order extending the time for entry of the appeal or for service of notice of entry of the appeal.

(2)

In relation to an order made by a Master or Registrar pursuant to paragraph (1), Order 58, rule 1 shall, where the application 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.”.