Applications without hearings
Applications without hearings

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Applications without hearings
  • Does an application need to be determined at a hearing?
  • Advantages and disadvantages of applications without hearings
  • When can a matter be disposed of on the papers?
  • How to request a paper determination
  • How will a request for a paper determination be dealt with?
  • Court agrees the application is suitable for determination without a hearing
  • Court disagrees the application is suitable for paper determination
  • Can you vary, set aside or stay an order made without a hearing?
  • How to make the application
  • More...

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.

Where an application is to be determined at an oral hearing (whether in court or via telephone or video conference), see Practice Note: Application hearings.

In the event that you wish to avoid an oral hearing for reasons other than time and/or cost (ie privacy), refer also to Practice Note: Public and private hearings.

Does an application need to be determined at a hearing?

The general rule is that matters should be disposed of in oral hearings in public (CPR 39.2(1)).

However, not every application needs to be determined at an oral hearing in court, for example:

  1. CPR 23.8, CPR PD 23A, paras 2.3–2.5 and 11 make provision for dealing with applications without a hearing. These applications can be referred to variously as 'determining an application on the papers', 'application on the papers', ‘applications on documents’, ‘orders without hearings', 'disposing of applications without hearings', 'dispensing with hearings', 'boxwork' etc

  2. consent orders—see Practice Note: Consent orders and judgments

  3. telephone hearings and/or video conferencing. Under CPR PD 23A, para 6.2, certain hearings, including interim applications, case management conferences and pre-trial reviews with a time estimate of not more than one hour will (subject

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