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Permission
 
PermissionPermissionApplications in health and welfare cases:permissionApplications in health and welfare cases
9.50Although there is no longer a separate permission stage, the court must, as part of its initial consideration of how to deal with the application – decide whether not permission should be granted in any case where it is required.1COPR r84(1A). Although this is not expressly referred to as part of the court’s initial case management obligations under the Case Management Pilot PD,2Case Management Pilot PD para 4.4(1). it would undoubtedly fall as one of the issues to be considered by the court on the papers at that stage (ie without a hearing). Where permission is required, then the court must considered whether or not it should be granted whether or not permission has been applied for.3COPR r84(1A). The court may grant or refuse permission on the papers, or in some – unusual – cases the court will direct a permission hearing.4COPR r84(1A). The court will send the applicant the order granting or refusing permission, together with reasons if permission has been refused.5COPR r59. This provision is only really of relevance where permission has been refused without a hearing. If permission has been refused following a hearing, the expectation would be that the reasons would be delivered at that hearing or in the judgment provided after the hearing. See further in relation to judgments, paras 15.60–15.62.
 
1     COPR r84(1A). »
2     Case Management Pilot PD para 4.4(1). »
3     COPR r84(1A). »
4     COPR r84(1A). »
5     COPR r59. »
Permission
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