Rules of the Superior Courts (Section 40, Civil Liability and Courts Act 2004) 2005
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Rules shall come into operation on the 2nd day of June 2005.
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paragraphs: These Rules shall be construed together with the Rules of the Superior Courts 1986 to 2005 and may be cited as the Rules of the Superior Courts (section 40, Civil Liability and Courts Act 2004) 2005.
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paragraphs: Order 70A of the Rules of the Superior Courts and the Schedule thereto are hereby amended by:
(i) the insertion immediately following rule 28 of that Order, of the following:
“Admission to proceedings for the purposes of section 40 of the Civil Liability and Courts Act 2004
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paragraphs: (1) A person referred to in section 40(3)(a) of the Civil Liability and Courts Act 2004 intending to attend any proceedings to which a relevant enactment (as defined in section 40(2) of the said Act) relates for the purpose of the preparation and publication of a report of such proceedings in accordance with section 40(3) shall, prior to or at the commencement of the hearing of the proceedings, identify himself or herself to the Court and apply for such directions as the Court may give under section 40(3) of the said Act.
(2) On any such application, the Court
(a) if satisfied that the applicant is a person referred to in section 40(3)(a) of the Civil Liability and Courts Act 2004 and that the applicant intends to attend the proceedings for the purpose of the preparation and publication of a report of proceedings to which a relevant enactment relates, and
(b) having heard any submission made by or on behalf of any party to the proceedings,
may allow the applicant to attend the proceedings subject to such directions as the Court may give in that regard.
(3) Where a party (in this sub-rule referred to as the “applicant”) wishes to be accompanied in court in any proceedings to which a relevant enactment relates by another person (in this sub-rule referred to as “the other person”) in accordance with section 40(5) of the Civil Liability and Courts Act 2004 , the applicant shall complete Form No. 8 and
(a) where the other party or parties have agreed to the accompanying of the applicant by the other person, the applicant shall lodge Form No. 8, duly completed, with the Registrar of the Court prior to or at the commencement of the hearing in the proceedings, and shall apply to the Court at that hearing to approve the accompanying of the applicant by the other person and for such directions as the Court may give under section 40(5) of the said Act, or
(b) where the other party or parties have not agreed to the accompanying of the applicant by the other person, the applicant shall, by motion (to which Form No. 8, duly completed, shall be appended) on notice to the other party or parties returnable not later than seven days prior to the date fixed for the hearing in such proceedings, unless the Court otherwise directs apply to the Court to approve the accompanying of the party by the other person and for such directions as the Court may give under section 40(5) of the said Act.
On any such application, the Court may approve the accompaniment of the applicant at the proceedings by the other person, subject to such directions as the Court may give, or may refuse such approval.
(4) The Court may, of its own motion or on the application of any party or person vary or modify any directions given under sub-rule (2) or sub-rule (3) during the course of any proceedings.
Disclosure of documents, information or evidence for the purposes of section 40 of the Civil Liability and Courts Act 2004
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paragraphs: An application by a party for an order for the disclosure to any third party of documents, information or evidence connected with or arising in the course of proceedings under a relevant enactment (as defined in section 40(2) of the Civil Liability and Courts Act 2004 ) for the purposes set out in section 40(8 of the said Act of 2004 shall be made by motion to the Court on notice to the opposing party or parties, grounded upon an affidavit sworn by or on behalf of the moving party.”, and