--(1) A claim form may be issued and served without the claimant's statement of case only where-
----(a) any of these Rules requires an affidavit to be filed in support of a claim;
----(b) the claimant has included in the claim form all the information required by rules 8.6, 8.7 and 8.8; or
----(c) the court gives permission.
--(2) The court may only give permission if it is satisfied that-
----(a) the claim must be issued as a matter of urgency and that it is not practicable for the claimant to prepare a statement of case; or
----(b) a relevant limitation period is about to expire and the claimant has only obtained legal advice within the 7 days prior to the date that he wishes to file his claim provided that where the claimant at the time of the application for permission has been granted legal aid by the Legal Aid and Advisory Authority the court may grant permission notwithstanding that the claimant is unable to satisfy the court that he has only obtained legal advice within the 7 days prior to the date that he wishes to file his claim.
--(3) An application for permission may be made without notice but must be supported by evidence.
--(4) Any order giving permission for the claim form to be served without a statement of case must state a date by which the statement of case must be served.
--(5) Such date must in no case be more than two months from the date of service of the claim form.
--(6) A copy of the order must be served with the claim form.
Notes
Amended by Legal Notice 261 of 2005.
Amended by Legal Notice 140 of 2000.
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