Article 44 Case management generally

(1)

In determining claims for damages the Tribunal shall actively exercise the Tribunal’s powers set out in rules 17 (Consolidation), 18 (Forum), 19 (Directions), 20 (Case management conference etc.), 21 (Timetable for the oral hearing), 22 (Evidence), 23 (Summoning or citing of witnesses) and 24 (Failure to comply with directions) with a view to ensuring that the case is dealt with justly.

(2)

Dealing with a case justly includes, so far as is practicable—

(a)

ensuring that the parties are on an equal footing;

(b)

saving expense;

(c)

dealing with the case in ways which are proportionate—

(i)

to the amount of money involved;

(ii)

to the importance of the case;

(iii)

to the complexity of the issues; and

(iv)

to the financial position of each party;

(d)

ensuring that it is dealt with expeditiously and fairly; and

(e)

allotting to it an appropriate share of the Tribunal’s resources, while taking into account the need to allot resources to other cases.

(3)

The Tribunal may in particular—

(a)

encourage and facilitate the use of an alternative dispute resolution procedure if the Tribunal considers that appropriate;

(b)

dispense with the need for the parties to attend any hearing;

(c)

use technology actively to manage cases.