Section 77.25

Where the court considers an application under rule 77.23(1) it may— determine the application without a hearing; or direct a hearing of the application. Rule 23.8(3) is modified to provide that, under this rule and rule 77.29, a party includes a special advocate if one has been appointed. Where the court makes a direction under rule 77.23(2)(b), within 7 days after the date on which the defendant is notified of the court’s decision or such other period as the court may direct, the legal representative must— file and serve on the claimant the required undertaking; or inform both the court and the claimant of their decision not to do so. Where the legal representative— gives the required undertaking under paragraph (3), the claimant must, within two days of the date on which it is served on them— serve on the legal representative the relevant material in full or as directed; or inform both the court and the defendant of their decision not to rely on it; or does not give the required undertaking within the time specified in paragraph (3) or informs the court of their decision not to give undertakings, the claimant must seek further directions from the court. Where the court does not give permission to withhold relevant material from the defendant, or has made a direction under rule 77.23(2)(c), within seven days after the date on which they are notified of the court’s decision or such other period as the court may direct, the claimant must— serve on the defendant the relevant material in full, or as directed; or inform both the court and the defendant of their decision not to rely on it. Where the claimant has informed the court of their decision not to rely on the relevant material in full or as directed— the claimant shall not be required to serve the relevant material on the defendant or comply with the direction; but the court may, at a hearing on notice, if it considers that the relevant material or anything that is required to be summarised or redacted might adversely affect the claimant’s case or support the case of the defendant, direct that the claimant is not to rely on such points, or that the claimant makes such concessions or takes such other steps, as the court may direct.

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