The Civil Procedure (Amendment No. 2) Rules 2025
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Change 1
11 Amendment of Part 82
(1) In rule 82.11— (a) in paragraph (2), after “paragraph (3)” insert “, (3A)”; (b) after paragraph (3) insert— (3A) The special advocate may communicate with the specially represented party or the specially represented party’s legal representative with the express agreement of the relevant person and (where the relevant person is not the Secretary of State) the Secretary of State. ; and (c) in paragraph (6)(b), after “in accordance with” insert “paragraph (3A) or”. (2) In rule 82.23, after paragraph (1) insert— (1A) If the court considers that it is necessary before it can determine whether to make a declaration under section 6(2) of the Act, it may, on application or of its own motion, direct the relevant person to file— (a) a draft response document, addressing the matters directed by the court (“a draft closed summary”); or (b) having first considered whether a draft closed summary is sufficient to determine the matter, a defence or response, as appropriate, to one or more of the grounds identified in the claim, together with such further directions as to its content as the court considers appropriate (“a draft closed defence”); (1B) A draft closed summary or a draft closed defence— (a) shall be disclosed to— (i) the court; (ii) any person appointed as a special advocate; or (iii) where the Secretary of State is not the relevant person but is a party to the proceedings, the Secretary of State, but must not be disclosed otherwise; and (b) shall not be relied upon other than in determining whether to make a declaration under section 6(2) of the Act. (1C) A draft closed defence is not a statement of case. .
11 Amendment of Part 82
(1) In rule 82.11— (a) in paragraph (2), after “paragraph (3)” insert “, (3A)”; (b) after paragraph (3) insert— (3A) The special advocate may communicate with the specially represented party or the specially represented party’s legal representative with the express agreement of the relevant person and (where the relevant person is not the Secretary of State) the Secretary of State. ; and (c) in paragraph (6)(b), after “in accordance with” insert “paragraph (3A) or”. (2) In rule 82.23, after paragraph (1) insert— (1A) If the court considers that it is necessary before it can determine whether to make a declaration under section 6(2) of the Act, it may, on application or of its own motion, direct the relevant person to file— (a) a draft response document, addressing the matters directed by the court (“a draft closed summary”); or (b) having first considered whether a draft closed summary is sufficient to determine the matter, a defence or response, as appropriate, to one or more of the grounds identified in the claim, together with such further directions as to its content as the court considers appropriate (“a draft closed defence”); (1B) A draft closed summary or a draft closed defence— (a) shall be disclosed to— (i) the court; (ii) any person appointed as a special advocate; or (iii) where the Secretary of State is not the relevant person but is a party to the proceedings, the Secretary of State, but must not be disclosed otherwise; and (b) shall not be relied upon other than in determining whether to make a declaration under section 6(2) of the Act. (1C) A draft closed defence is not a statement of case. .
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