# The Company Names Adjudicator Rules 2008, Rule 5: Decision of adjudicator and hearings


(1) Where the applicant files no evidence in support of its application the adjudicator may treat it as having withdrawn its application.
(2) The adjudicator may strike out the application or any defence in whole or in part if it is vexatious, has no reasonable prospect of success or is otherwise misconceived.
(3) Any party may, by filing the appropriate form, request to be heard in person before a decision is made by the adjudicator under the Act or these Rules.
(4) Following a request under rule 5(3) the adjudicator shall decide whether a decision can be made without an oral hearing in circumstances where—
(a) the primary respondent files no evidence; or
(b) the applicant files no evidence in reply to the respondent’s evidence; or
(c) the decision will not terminate the proceedings.
(5) Where the adjudicator decides that a decision can be made without an oral hearing the adjudicator will specify a period for the parties to submit written submissions before making a decision.
(6) Where the adjudicator decides that a hearing is necessary he shall require the parties or their legal representatives to attend a hearing and shall give the parties at least 14 days’ notice of the hearing.
(7) When the adjudicator has made a decision on the application under section 69(2) he shall send to the parties written notice of it, stating the reasons for his decision.
(8) The date on which the decision was sent to the parties shall be taken to be the date of the decision for the purposes of any appeal.

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Source: https://www.legislation.gov.uk/uksi/2008/1738/rule/5 (the official version)
Page: https://openlegislation.uk/company-names-adjudicator-rules-2008/rule-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

