Section 23.8

The court may deal with an application without a hearing if— the parties agree the terms of the order sought; the parties agree to dispense with a hearing; or the court does not consider that a hearing would be appropriate. If the parties agree to dispense with a hearing, a party may not without the court’s permission apply to have the order set aside, varied or stayed. If the court decides the application without a hearing under paragraph (1)(c) and does so in circumstances where the parties affected by the application have not had an opportunity to make representations about the substance of the application— a party affected by the court’s order may within such period as the court may specify apply to have the order set aside, varied or stayed; if no period is specified, the application must be made within 7 days after the date the order was served on the party applying; and the order must contain a statement of the right to make such an application. An application under paragraph (3) shall be considered at an oral hearing unless the court decides and states in an order that the application is totally without merit. If the court decides under paragraph (4) that the application is totally without merit, an application under paragraph (3) may be made for reconsideration without an oral hearing.

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Source: legislation.gov.uk · retrieved 2026-08-15