West Law Report

Dealing with uncontested administrative law cases

Posted in Times Law Report by mrkooenglish on July 22, 2008

From The TimesJuly 17, 2008

Dealing with uncontested administrative law cases
Queen’s Bench Division
Published July 17, 2008
Practice Direction (Administrative Court: Uncontested proceedings)

Uncontested applications in the Administrative Court would be dealt with under a procedure which replaced that set out in Practice Direction (Crown Office List: Consent orders) ( The Times May 14, 1997; [1997] 1 WLR 825), Mr Justice Collins stated in the Queen’s Bench Division on June 3, 2008.

HIS LORDSHIP said:

1 Determination of proceedings

Where the parties were agreed as to the terms on which proceedings in the Administrative Court could be disposed of and required an order of the court to put those terms into effect, they should lodge with the Administrative Court Office a document (with one copy thereof) signed by the parties setting out the terms of the proposed agreed order and a short statement of the matters relied on as justifying the making of the order, authorities and statutory provisions relied on being quoted.

The Administrative Court Office would then submit the document to the Master or Deputy Master of the Crown Office and, if the court was satisfied that the order should be made, the order would be made without the need for attendance by the parties or their representatives. The making of the order would be publicised on the HMCS website.

If the court was not satisfied on the information originally provided or subsequently provided at the court’s request, that the order could properly be made, the proceedings would be listed for hearing in the normal way.

2 Interim orders

Where the parties sought an interlocutory order and were agreed as to the terms of that proposed order, they should lodge with the Administrative Court Office a document (with one copy thereof) signed by the parties setting out the terms of the proposed agreed order and a short statement of the matters relied on as justifying the making of the order, and, where appropriate, citing authorities and statutory provisions relied on.

The Administrative Court Office would then submit the document to the Master or Deputy Master of the Crown Office and, if the court was satisfied that the order should be made, the order would be made without the need for attendance by the parties or their representatives.

3 Discontinuance/Withdrawal of proceedings (including proceedings for habeas corpus)

(a) Where the parties were agreed that proceedings should be withdrawn but required the leave of the court to do so, or sought an order as to costs in relation to those proceedings, they should lodge with the Administrative Court Office a document (with one copy thereof) signed by the parties, setting out the terms of the proposed withdrawal. The order would be made in accordance with rule 40.6(2) of the Civil Procedure Rules without the need for attendance by the parties or their representatives. The court file would then be closed.

(b) Where leave of the court was not necessary for proceedings to be withdrawn and no order as to costs was sought, the claimant must inform the Administrative Court Office in writing, confirming that all other parties to the proceedings had been notified. The court file would then be closed.

(c) A claimant who filed a notice of discontinuance of a claim under Part 28 of the Civil Procedure Rules must serve a copy of the notice on every other party to the proceedings. Unless the court ordered otherwise, a claimant who discontinued was liable for the costs which a defendant against whom he discontinued incurred on or before the date on which notice of discontinuance was served on him. On receipt of a notice of discontinuance the court file would be closed.

(d) Where an appellant did not wish to pursue an appeal, he might request the court for an order that the appeal be dismissed; the request must contain a statement that the appellant was not a child or protected party. If such a request was granted, it would usually be on the basis that the appellant paid the costs of the appeal. If the appellant wished to have the application or appeal dismissed without costs, the request must be accompanied by a consent signed by the respondent or his legal representative stating that the respondent was not a child or protected party and that he consented to the dismissal of the appeal without costs.

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