# Benefices (Institution Appeals) Rules 1988, Article 10: Amendment, finality of pleadings, withdrawal and dismissal


(1) The registrar may at any time before the hearing of the appeal, and the tribunal may at or before the hearing of the appeal, in each case on the application of either party or of his or its own motion—
(a) permit either party to amend or add to any pleading of his;
(b) order the bishop (in the event of his failing to give the particulars sought under paragraph (1) of rule 6) to serve within a specified period on the appellant a statement of particulars in Form 5 of the Appendix giving particulars or further particulars of the facts on which the bishop intends to rely at the hearing of the appeal, and to lodge a copy with the registrar;
and on giving any such leave or making any such order the registrar or the tribunal shall give such further direction as to further pleadings or otherwise as he or it thinks fit.
(2) Except with the leave of the tribunal at the hearing of the appeal—
(a) the bishop shall not be permitted to rely at the hearing on any grounds for the refusal to institute which are not set out in the statement of refusal;
(b) the appellant shall not be permitted to rely at the hearing on any grounds which are not set out in the grounds of appeal; and
(c) neither party shall be permitted to rely at the hearing on any fact which is not set out in the statement of refusal, in any statement of particulars, in the grounds of appeal or in any bishop’s reply;
and (without prejudice to paragraph (1) of this rule and the preceding provisions of this paragraph) the tribunal may give such leave at the hearing of the appeal on the application of either party or of its own motion.
(3) The registrar may at any time before the hearing of the appeal, and the tribunal may at the hearing of the appeal, in each case on the application of the bishop, permit the bishop to withdraw his refusal to institute and his statement of refusal, and upon such withdrawal the tribunal shall be deemed to have directed the bishop under sub-section (1) of section 3 of the Act to institute the presentee.
(4) The registrar may at any time before the hearing of the appeal, and the tribunal may at the hearing of the appeal, in each case upon the application of the appellant, permit the appellant to withdraw his notice of appeal, and upon such withdrawal the tribunal shall be deemed to have decided under sub-section (1) of section 3 of the Act to uphold the bishop’s refusal to institute the presentee.
(5) If the appellant fails to serve grounds of appeal in accordance with paragraph (1) of rule 7 the registrar shall, on the application of the bishop and after giving notice to the appellant, refer the proceedings to the tribunal, and the tribunal (subject to the granting of any extension of time) shall dismiss the appeal and uphold the bishop’s refusal to institute the presentee.
(6) If the bishop fails to serve a statement of particulars in compliance with an order under paragraph (1)(b) of this rule, the registrar shall, on the application of the appellant and after giving notice to the bishop, refer the proceedings to the tribunal, and the tribunal (subject to the granting of any extension of time) shall uphold the appeal and direct the bishop to institute the presentee.

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Source: https://www.legislation.gov.uk/uksi/1988/1996/article/10 (the official version)
Page: https://openlegislation.uk/benefices-institution-appeals-rules-1988/article-10
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.