OpenLegislation

Rule 43 Duty to manage cases

Original text. Later amendments are not shown.

(1)

The Chair of the tribunal or court to which a complaint of serious misconduct is referred (referred to in this Part as “the Chair”) must further the overriding objective by actively managing the proceedings on the complaint.

(2)

Active management of proceedings includes—

(a)

encouraging the parties to, and any other persons concerned in, the proceedings to co-operate with each other—

(i)

in the conduct of the proceedings, and

(ii)

in resolving, as far as possible, matters that are in dispute between them,

(b)

identifying the issues at an early stage,

(c)

deciding which issues are to be resolved,

(d)

deciding promptly whether any, and if so which, issues require a full hearing in person and, accordingly, disposing of other issues summarily or on consideration of written representations,

(e)

setting timetables or otherwise controlling the progress of the proceedings,

(f)

considering whether the likely benefits of taking a particular step justify the cost of taking it,

(g)

dealing with as many aspects of the complaint as the tribunal or court can on the same occasion,

(h)

dealing with the complaint in a way that minimises the need for parties to attend the tribunal or court in person,

(i)

making effective use of technology, and

(j)

giving directions to ensure that the resolution of a complaint proceeds quickly and efficiently.