> ### PRACTICE DIRECTION

> ### PART 23 - APPLICATIONS

> ### See also Civil Procedure Rules

> ### PRACTICE DIRECTION - APPLICATIONS

> ### THIS PRACTICE DIRECTION SUPPLEMENTS CPR PART 23

> ### REFERENCE TO A JUDGE

> 1 | A Master or district judge may refer to a judge any matter which he thinks should properly be decided by a judge, and the judge may either dispose of the matter or refer it back to the Master or district judge.

> ### APPLICATION NOTICES

> 2.1 | An application notice must, in addition to the matters set out in rule 23.6, be signed and include: the title of the claim, the reference number of the claim, the full name of the applicant, where the applicant is not already a party, his address for service, and either a request for a hearing or a request that the application be dealt with without a hearing. (Practice Form N244 may be used.)
> 2.2 | On receipt of an application notice containing a request for a hearing the court will notify the applicant of the me and date for the hearing of the application.
> 2.3 | On receipt of an application notice containing a request that the application be dealt with without a hearing, the pplication notice will be sent to a Master or district judge so that he may decide whether the application is uitable for consideration without a hearing.
> 2.4 | Where the Master or district judge agrees that the application is suitable for consideration without a hearing, e court will so inform the applicant and the respondent and may give directions for the filing of evidence. ules 23.9 and 23.10 enable a party to apply for an order made without a hearing to be set aside or varied.)
> 2.5 | Where the Master or district judge does not agree that the application is suitable for consideration without a earing, the court will notify the applicant and the respondent of the time, date and place for the hearing of the pplication and may at the same time give directions as to the filing of evidence.
> 2.6 | If the application is intended to be made to a judge, the application notice should so state. In that case, aragraphs 2.3, 2.4 and 2.5 will apply as though references to the Master or district judge were references to a dge.
> 2.7 | Every application should be made as soon as it becomes apparent that it is necessary or desirable to make it.
> 2.8 | Applications should wherever possible be made so that they can be considered at any other hearing for which a ate has already been fixed or for which a date is about to be fixed. This is particularly so in relation to case anagement conferences, allocation and listing hearings and pre-trial reviews fixed by the court.
> 2.9 | The parties must anticipate that at any hearing the court may wish to review the conduct of the case as a whole nd give any necessary case management directions. They should be ready to assist the court in doing so and to nswer questions the court may ask for this purpose.
> 2.10 | Where a date for a hearing has been fixed and a party wishes to make an application at that hearing but he does ot have sufficient time to serve an application notice he should inform the other party and the court (if possible writing) as soon as he can of the nature of the application and the reason for it. He should then make the pplication orally at the hearing.

> ### APPLICATIONS WITHOUT SERVICE OF APPLICATION NOTICE

> 3 | An application may be made without serving an application notice only: where there is exceptional urgency, where the overriding objective is best furthered by doing so, by consent of all parties, with the permission of the court, where paragraph 2.10 above applies, or where a court order, rule or practice direction permits.

> ### GIVING NOTICE OF AN APPLICATION

> 4.1 | Unless the court otherwise directs or paragraph 3 of this practice direction applies the application notice must e served as soon as practicable after it has been issued and, if there is to be a hearing, at least 3 clear days efore the hearing date (rule 23.7(1)(b)).
> 4.2 | Where an application notice should be served but there is not sufficient time to do so, informal notification of e application should be given unless the circumstances of the application require secrecy.

> ### PRE-ACTION APPLICATIONS

> 5 | All applications made before a claim is commenced should be made nder Part 23 of the Civil Procedure Rules. Attention is drawn in particular to rule 23.2(4).

> ### TELEPHONE HEARINGS

> 6.1 | The court may order than an application or part of an application be dealt with by a telephone hearing.
> 6.1A | The applicant should indicate on his application notice if he seeks a court order under paragraph 6.1. Where he has not done so but nevertheless wishes to seek an order the request should be made as early as possible.
> 6.2 | An order under 6.1 will not normally be made unless every party entitled to be given notice of the application nd to be heard at the hearing has consented to the order.
> 6.3 | Where a party entitled to be heard at the hearing of the application is acting in person, the court - may not make an order under 6.1 except on condition that arrangements will be made for the party acting person to be attended at the telephone hearing by a responsible person to whom the party acting in person is nown and who can confirm to the court the identity of the party; and may not give effect to an order under 6.1 unless the party acting in person is accompanied by a responsible erson who at the commencement of the hearing confirms to the court the identity of the party. The "responsible person" may be a barrister, solicitor, legal executive, doctor, clergyman, police officer, rison officer or other person of comparable status. If the court makes an order under 6.1 it will give any directions necessary for the telephone hearing.
> 6.4 | No representative of a party to an application being heard by telephone may attend the judge in person while e application is being heard unless the other party to the application has agreed that he may do so.
> 6.5 | If an application is to be heard by telephone the following directions will apply, subject to any direction to the ontrary: The applicant's legal representative must arrange the telephone conference by the British Telecom onference call 'call out' system or by some other comparable system for precisely the time fixed by the court. He must tell the operator the telephone numbers of all those participating in the conference call and the equence in which they are to be called. It is the responsibility of the applicant's legal representative to ascertain from all the other parties whether ey have instructed counsel and, if so the identity of counsel, and whether the legal representative and counsel ill be on the same or different telephone numbers. The sequence in which they are to be called will be: the applicant's legal representative and (if on a different number) his counsel, the legal representative (and counsel) for all other parties, and the judge. The applicant's legal representative must arrange for the conference to be recorded on tape by the lecommunications provider whose system is being used and must send the tape to the court. Each speaker is to remain on the line after being called by the operator setting up the conference call. The all may be 2 or 3 minutes before the time fixed for the application. When the judge has been connected the applicant's legal representative (or his counsel) will introduce the arties in the usual way. If the use of a 'speakerphone' by any party causes the judge or any other party any difficulty in hearing hat is said the judge may require that party to use a hand held telephone. The telephone charges debited to the account of the party initiating the conference call will be treated as art of the costs of the application.

> ### VIDEO CONFERENCING

> 7 | Where the parties to a matter wish to use video conferencing facilities, nd those facilities are available in the relevant court, they should apply to the Master or district judge for irections.

> ### NOTE OF PROCEEDINGS

> 8 | The procedural judge should keep, either by way of a note or a tape cording, brief details of all proceedings before him, including the dates of the proceedings and a short atement of the decision taken at each hearing.

> ### EVIDENCE

> 9.1 | The requirement for evidence in certain types of applications is set out in some of the rules and practice irections. Where there is no specific requirement to provide evidence it should be borne in mind that, as a ractical matter, the court will often need to be satisfied by evidence of the facts that are relied on in support of r for opposing the application.
> 9.2 | The court may give directions for the filing of evidence in support of or opposing a particular application. The ourt may also give directions for the filing of evidence in relation to any hearing that it fixes on its own itiative. The directions may specify the form that evidence is to take and when it is to be served.
> 9.3 | Where it is intended to rely on evidence which is not contained in the application itself, the evidence, if it has ot already been served, should be served with the application.
> 9.4 | Where a respondent to an application wishes to rely on evidence which has not yet been served he should serve as soon as possible and in any event in accordance with any directions the court may have given.
> 9.5 | If it is necessary for the applicant to serve any evidence in reply it should be served as soon as possible and in ny event in accordance with any directions the court may have given.
> 9.6 | Evidence must be filed with the court as well as served on the parties. Exhibits should not be filed unless the ourt otherwise directs.
> 9.7 | The contents of an application notice may be used as evidence (otherwise than at trial) provided the contents ave been verified by a statement of truth1 .

> ### CONSENT ORDERS

> 10.1 | Rule 40.6 sets out the circumstances where an agreed judgment or order may be entered and sealed.
> 10.2 | Where all parties affected by an order have written to the court consenting to the making of the order a draft of hich has been filed with the court, the court will treat the draft as having been signed in accordance with rule 0.6(7).
> 10.3 | Where a consent order must be made by a judge (i.e. rule 40.6(2) does not apply) the order must be drawn so at the judge's name and judicial title can be inserted.
> 10.4 | The parties to an application for a consent order must ensure that they provide the court with any material it eeds to be satisfied that it is appropriate to make the order. Subject to any rule or practice direction a letter will enerally be acceptable for this purpose.
> 10.5 | Where a judgment or order has been agreed in respect of an application or claim where a hearing date has been xed, the parties must inform the court immediately. (note that parties are reminded that under rules 28.4 and 9.5 the case management timetable cannot be varied by written agreement of the parties.)

> ### OTHER APPLICATIONS CONSIDERED WITHOUT A HEARING

> 11.1 | Where rule 23.8(b) applies the parties should so inform the court in writing and each should confirm that all vidence and other material on which he relies has been disclosed to the other parties to the application.
> 11.2 | Where rule 23.8(c) applies the court will treat the application as if it were proposing to make an order on its wn initiative.

> ### MISCELLANEOUS

> 12.1 | Except in the most simple application the applicant should bring to any earing a draft of the order sought. If the case is proceeding in the Royal Courts of Justice and the order is nusually long or complex it should also be supplied on disk for use by the court office [The current word rocessing system to be used is WordPerfect 5.1].
> 12.2 | Where rule 23.11 applies, the power to re-list the application in rule 3.11(2) is in addition to any other powers of the court with regard to the order (for example to set aside, vary, ischarge or suspend the order). /font>

> ### COSTS

> 13.1 | Attention is drawn to the costs practice direction and, in particular, to the court's power to make a summary ssessment of costs.
> 13.2 | Attention is also drawn to rule 44.13(i) which provides that if an order makes no mention of costs, none are ayable in respect of the proceedings to which it relates.

> ### Endnote:

> 1 | see Part 22

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