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PART 10E+WAPPLICATIONS WITHIN PROCEEDINGS

Types of applications for which the Part 10 procedure may be usedE+W

10.1.—(1) The Part 10 procedure is the procedure set out in this Part.

(2) The Part 10 procedure may be used if the application is made by any person—

(a)in the course of existing proceedings; or

(b)as provided for in a rule or practice direction.

(3) The court may grant an interim remedy before an application form has been issued only if—

(a)the matter is urgent; or

(b)it is otherwise necessary to do so in the interests of justice.

(4) An application made during the course of existing proceedings includes an application made during appeal proceedings.

(5) Where the application seeks solely to withdraw an existing application—

(a)the applicant must file a written request for permission setting out succinctly the reasons for the request;

(b)the request must be in an application notice;

(c)the court may permit an application to be made orally at a hearing or in such alternative written form as it thinks fit.

(6) Where the court deals with a written request under paragraph (5) without a hearing, rule 13.4 applies to any order so made.

(Rule 13.2 requires the court's permission to withdraw proceedings.)