Section 79.11

Where the appropriate Minister intends to oppose the application to set aside the financial restrictions decision or sanctions decision, the appropriate Minister must file with the court — the grounds for contesting the application; and any relevant evidence of which the appropriate Minister is aware at that stage. Unless the appropriate Minister objects to the grounds and evidence in paragraph (1) being disclosed to the claimant and the claimant’s legal representative, the appropriate Minister must serve a copy of the grounds and evidence on the claimant at the same time as filing the grounds. Where the appropriate Minister objects to the grounds and evidence in paragraph (1) being disclosed to the claimant and the claimant’s legal representative, the appropriate Minister must make an application in accordance with rule 79.25. Where a special advocate has been appointed, the appropriate Minister must serve on that special advocate a copy of the grounds and evidence filed under paragraph (1). The claimant and any special advocate may apply to the court for an order directing the appropriate Minister to file and serve further information about the appropriate Minister’s grounds filed under paragraph (1)(a). The application under paragraph (5) must set out— what information is sought; and why the information sought is necessary for the determination of the application to set aside the financial restrictions decision or sanctions decision. The court may make an order on an application under paragraph (5) where it considers that the information sought is— necessary for the determination of the application to set aside the financial restrictions decision or sanctions decision; and may be provided without disproportionate cost, time or effort. Where the appropriate Minister objects to serving on the claimant and the claimant’s legal representative the information sought under paragraph (5), the appropriate Minister must make an application in accordance with rule 79.25.

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