Regulation 9 Multiple appealsI1

Northern Ireland

(1)

Subject to paragraphs (2) and (3), where two or more cases relate to the same person, establishment or agency, the Chairman may, on the application of either party or on his own initiative, direct that such cases shall be heard together if he considers it appropriate to do so.

(2)

Where a person (“the applicant”) has by virtue of Article 40 of the 2003 Order, been included in the DWVA (NI) list pursuant to a reference under Articles 4, 5, or 6 of the 2003 Order or as a result of being named in a relevant inquiry under Article 7(2) of the 2003 Order then subject to paragraph (4) any appeal against inclusion in the DWVA (NI) list shall be joined with any appeal against inclusion in the DWC (NI) list and in that event the appeal against inclusion in the DWC (NI) list shall be heard first.

(3)

Where a person (“the applicant”) has by virtue of Article 8 of the 2003 Order been included in the DWC (NI) list pursuant to a reference made under Articles 36, 37 or 38 of the 2003 Order, or as a result of being named in a relevant inquiry under Article 39 of that Order, then subject to paragraph (4) any appeal against inclusion in the DWC (NI) list shall be joined with any appeal against inclusion in the DWCA(NI) list and in that event the appeal against inclusion in the DWVA (NI) list shall be heard first.

(4)

The applicant may request the Chairman in writing to give a direction that the appeals referred to in paragraph (2) or (3) shall be heard separately.

(5)

Before making any direction under paragraph (1) the Chairman shall –

(a)

where the direction which he proposes to give is at the request of either party, give the other party the opportunity to make written representations; or

(b)

where the direction which he proposes to give is on his own initiative, give both parties the opportunity to make written representations.

(6)

In considering whether to give a direction under paragraph (1), the Chairman shall take into account the following matters –

(a)

any written representations made by either party;

(b)

the increased cost of hearing the cases together or separately; and

(c)

any unreasonable delay in hearing any case which would be caused by hearing the appeals together or separately.

(7)

In considering whether to give a direction under paragraph (4) the Chairman shall take into account the following matters –

(a)

any representations from the applicant which show he would be significantly disadvantaged if the appeals were to be heard together;

(b)

the increased cost of hearing the appeals together or separately; and

(c)

any unreasonable delay in hearing either appeal which would be caused by hearing the appeals together or separately,

and shall give a direction that the appeals be heard separately where he is satisfied that it would be unfair in all the circumstances to hear the appeals together.

Annotations

Commencement

I1: Reg. 9 in operation at 1.4.2005, see reg. 1(1)