288. Penalty application under Rule 287

(1) A penalty application under Rule 287 is made by an application notice under Part 8 in the proceedings in which the judgment or order was made or the undertaking was given.
(2) Where the penalty application is made against a person who is not an existing party to the proceedings, it is made against that person by an application under Part 8.
(3) The application notice must set out the matters required by the relevant practice direction, be supported by one or more affidavits containing all the evidence relied upon and, subject to paragraph (4), be served, together with the evidence in support, on the respondent.
(4) The Court may dispense with service under paragraph (3) if it considers it just to do so.