General Rules about Applications

Application Notice

A document in which the applicant states their intention to seek a court order

Where to make an application

CPR 23.2 :

• General rule is that application is made to court where the claim was started

• If claim has been transferred to another court, then application is made to that court

• If parties have been given a fixed date for the trial, application is made to court where trial is to take place

Applications without service of application notice

PR23A.3 : Application may be made without notice only -

• Where there is exceptional urgency;

• Where the overriding objective is best furthered by doing so

• By consent of all parties

• With permission of the court

• Where an application is seeking a direction that their address not be provided to a party

• Where a Court order, rule or PD permits

Time when an application is made

CPR 23.5 : Where an application must be made within a specified time, it is made in time if the application notice is received by the court within that time

Applications decided without a hearing

CPR 23.8 : Court may deal with an application without a hearing if -

• The parties have agreed to the terms of the order sought;

• The parties agree to dispense with a hearing; or

  • Party will then have to apply for permission to apply to have order set aside, varied or stayed

• Court does not consider that a heating would be appropriate

  • Party can apply to have order set aside, varied or stayed within such period

    • If no period is specified, application must be made within 7 days AND

    • Order must contain statement of right to make such an application

Telephone Hearings

PD23A.6 : A telephone conference enabled court the following hearings will be conducted by telephone unless the court otherwise orders— 

(a) allocation hearings; 

(b) listing hearings; and 

(c) interim applications, case management conferences and pre-trial reviews with a time estimate of no more than one hour.

A telephone hearing does not apply where— 

(a) the hearing is of an application made without notice to the other party; 

(b) all the parties are unrepresented; or 

(c) more than four parties wish to make representations at the hearing (for this purpose where two or more parties are represented by the same person, they are to be treated as one party).

Telephone Hearing - Designated Legal Representative

PD23A.6 : designated legal representative means the applicant’s legal representative (if any), or the legal representative of such other party as the court directs to arrange the telephone hearing

Directions of a telephone hearing

PD23A.6 :

• Designated legal representative is responsible for arranging telephone conference for time fixed by court

• Designated legal representative must tell operator the number of all those participating and order in which they are to be called

• Responsibility of the designated legal representative to ascertain whether other parties have instructed counsel, and if so, identity of counsel

• Sequenced to be called -

  • Designated legal representative and counsel

  • Legal representative and counsel for other parties

  • Judge

• Each speaker is to remain on the line after being called by operating

• When judge had been connected, designated legal representative will introduce parties the usual way

• Telephone charged debited to the account of the party initiating the conference call will be treated as part of costs

Telephone Hearing - Documents

PD23A.6 :

• Case summary and draft Order must be filed and served in multi track cases

  • Small and fast cases only if court directs

• Where document is required to be filed and served, must do so no later than 4pm at least 2 days before the hearing

  • This includes any documents parties seek to rely on

Service of order and application (where made without notice)

CPR 23.9 : Where the court makes an order, whether granting or dismissing the application, a copy of the application notice and any supporting evidence must, unless the court orders otherwise, be served with the order on any party or other person –
(a) against whom the order was made; and
(b) against whom the order was sought. 

Application to set aside or vary order made without notice

CPR 23.10 :

(1) A person who was not served with a copy of the application notice before an order was made under rule 23.9, may apply to have the order set aside or varied. 

(2) An application under this rule must, unless the court directs otherwise, be made within 7 days after the date on which the order was served on the person making the application.

Power of Court to proceed in absence of a party

CPR 23.11 : (1) Where the applicant or any respondent fails to attend the hearing of an application, the court may proceed in their absence. 

(2) Where –
(a) the applicant or any respondent fails to attend the hearing of an application; and
(b) the court makes an order at the hearing, the court may, on application or of its own initiative, re-list the application. 

Applications that are totally without merit

CPR 23.12 : If the court dismisses an application (including an application for permission to appeal or for permission to apply for judicial review) and it considers that the application is totally without merit – 

(a) the court’s order must record that fact; and 

(b) the court must at the same time consider whether it is appropriate to make a civil restraint order. 

Video Conferencing

PD23A.7 : Where the parties to a matter wish to use video conferencing facilities, and those facilities are available in the relevant court, they should apply to the Master or District Judge for directions.