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Venue – general provisions
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| 2.1 |
The claim form in proceedings in the Administrative
Court may be issued at the Administrative Court Office of the High Court at
– |
| | (1)
| the Royal Courts of Justice in
London; or |
|
| | (2)
| at the District Registry of the
High Court at Birmingham, Cardiff, Leeds, or Manchester unless the claim is one
of the excepted classes of claim set out in paragraph 3 of this Practice
Direction which may only be started and determined at the Royal Courts of
Justice in London. |
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| 2.2 |
Any claim started in Birmingham will normally be
determined at a court in the Midland region (geographically covering the area
of the Midland Circuit); in Cardiff in Wales; in Leeds in the North-Eastern
Region (geographically covering the area of the North Eastern Circuit); in
London at the Royal Courts of Justice; and in Manchester, in the North-Western
Region (geographically covering the Northern Circuit). |
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Excepted classes of claim
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| 3.1 |
The excepted classes of claim referred to in paragraph
2.1(2) are – |
| | (1)
| proceedings to which Part 76 or
Part 79 applies, and for the avoidance of doubt –|
| | (a)
| proceedings relating to
control orders (within the meaning of Part 76); |
|
| | (b)
| financial restrictions
proceedings (within the meaning of Part 79); |
|
| | (c)
| proceedings relating to
terrorism or alleged terrorists (where that is a relevant feature of the
claim); and |
|
| | (d)
| proceedings in which a
special advocate is or is to be instructed; |
|
|
| | (3)
| proceedings under the Proceeds
of Crime Act 2002; |
|
| | (4)
| appeals to the Administrative
Court under the Extradition Act 2003; |
|
| | (5)
| proceedings which must be heard
by a Divisional Court; and |
|
| | (6)
| proceedings relating to the
discipline of solicitors. |
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| 3.2 |
If a claim form is issued at an Administrative Court
office other than in London and includes one of the excepted classes of claim,
the proceedings will be transferred to London. |
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Assignment to another venue
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| 5.1 |
The proceedings may be transferred from the office at
which the claim form was issued to another office. Such transfer is a judicial
act. |
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| 5.2 |
The general expectation is that proceedings will be
administered and determined in the region with which the claimant has the
closest connection, subject to the following considerations as applicable
– |
| | (1)
| any reason expressed by any
party for preferring a particular venue; |
|
| | (2)
| the region in which the
defendant, or any relevant office or department of the defendant, is
based; |
|
| | (3)
| the region in which the
claimant’s legal representatives are based; |
|
| | (4)
| the ease and cost of travel to
a hearing; |
|
| | (5)
| the availability and
suitability of alternative means of attending a hearing (for example, by
videolink); |
|
| | (6)
| the extent and nature of media
interest in the proceedings in any particular locality; |
|
| | (7)
| the time within which it is
appropriate for the proceedings to be determined; |
|
| | (8)
| whether it is desirable to
administer or determine the claim in another region in the light of the volume
of claims issued at, and the capacity, resources and workload of, the court at
which it is issued; |
|
| | (9)
| whether the claim raises issues
sufficiently similar to those in another outstanding claim to make it desirable
that it should be determined together with, or immediately following, that
other claim; and |
|
| | (10)
| whether the claim raises
devolution issues and for that reason whether it should more appropriately be
determined in London or Cardiff. |
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| 5.3 |
|
| | (1)
| When an urgent application is
made under paragraph 4.1 or 4.2, this will not by itself decide the venue for
the further administration or determination of the claim. |
|
| | (2)
| The court dealing with the
urgent application may direct that the case be assigned to a particular
venue. |
|
| | (3)
| When an urgent application is
made under paragraph 4.2, and the court does not make a direction under
sub-paragraph (2), the claim will be assigned in the first place to London but
may be reassigned to another venue at a later date. |
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| 5.4 |
The court may on an application by a party or of its
own initiative direct that the claim be determined in a region other than that
of the venue in which the claim is currently assigned. The considerations in
paragraph 5.2 apply. |
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| 5.5 |
Once assigned to a venue, the proceedings will be both
administered from that venue and determined by a judge of the Administrative
Court at a suitable court within that region, or, if the venue is in London, at
the Royal Courts of Justice. The choice of which court (of those within the
region which are identified by the Presiding Judge of the circuit suitable for
such hearing) will be decided, subject to availability, by the considerations
in paragraph 5.2. |
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| 5.6 |
When giving directions under rule 54.10, the court may
direct that proceedings be reassigned to another region for hearing (applying
the considerations in paragraph 5.2). If no such direction is given, the claim
will be heard in the same region as that in which the permission application
was determined (whether on paper or at a hearing). |
