Ms Rachel Minch:

It will depend on how it operates in practice. At the moment, leave is still ex parteand so cannot be opposed unless the leave application is put on notice of the court. The courts generally have a good sense of what ought to be put on notice. Here we are back into putting on notice that there is a deemed leave unless somebody decides to step in. In our experience, it is unlikely that decision-makers will oppose leave, other than in clear cases where they are out of time or sometimes a case can be very poorly pleaded if it is by a lay litigant. Questions have been raised about reopening the possibility of opposing leave, with suggestions that it could lead to applicants for permission or certain parties opposing leave and then we are back into duplicated hearings, delay and cost. We think there is some merit to the deemed leave aspect unless somebody comes in, but if many people start coming in, we are back to the on-notice position we had before, its difficulties and why it was got rid of.