Jurisdiction(s):
United Kingdom

Determining applications without a hearing: CPR 23.8 (from 1 October 2023) - preparation, procedure, and challenging or varying paper orders in England and Wales

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Practice notes

This Practice Note considers how applications are determined when the court concludes they can be resolved without a hearing (commonly referred to as determination on the papers). For guidance on which applications are appropriate for a paper determination and how to request one, see Practice Note: Applications without a hearing (paper applications). For general advice on making applications, see Practice Note: How to make an application for a court order (CPR 23).

Rule change as of 1 October 2023

Previously, decisions on the papers—and especially the setting aside of applications decided without a hearing—were governed by CPR 23.8 read with CPR PD 23A, para 11.2, and a substantial body of caselaw developed on their interpretation. From 1 October 2023, CPR PD 23A, para 11.2 is removed and CPR 23.8 is replaced by a new, self-contained regime for paper applications. Existing authorities should therefore be approached cautiously and may have limited relevance. This Practice Note addresses the rules in force from 1 October 2023...

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Web page updated on 21/05/2026

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