Rule 15 Defence

(1)

The respondent shall file a defence in the form required by this rule within six weeks (or such further time as the Tribunal may allow) of the date on which the respondent received a copy of the notice of appeal in accordance with rule 14(1)(b).

(2)

The defence shall state—

(a)

the name and address of the respondent;

(b)

the name and address of the respondent's legal representative, if any;

(c)

an address for service in the United Kingdom,

and shall be signed and dated by the respondent, or on its behalf by its duly authorised officer or legal representative.

(3)

The defence shall contain—

(a)

observations on the question in which part of the United Kingdom the proceedings of the Tribunal are to be treated as taking place under rule 18;

(b)

a succinct presentation of the arguments of fact and law upon which the respondent will rely;

(c)

details of any objection to the admission of evidence put forward by the appellant;

(d)

the relief sought by the respondent and any directions sought under rule 19;

(e)

a schedule listing all the documents annexed to the defence; and

(f)

a statement identifying the evidence (whether witness statements or other documents annexed to the defence) the substance of which, so far as the respondent is aware, was not referred to in the disputed decision or disclosed to the appellant before that decision was made.

(4)

In proceedings under the 2003 Act, the defence shall include a statement indicating the extent to which the appeal relates to price control or a specified price control matter arises in the appeal, including (where applicable) a statement in rebuttal of a statement under rule 9(5).

(5)

As far as practicable, there shall be annexed to the defence a copy of every document (or part of a document) upon which the respondent relies including the written statements of all witnesses of fact and expert witnesses, if any, but excluding any document (or part of a document) annexed to the notice of appeal.

(6)

The signed original of the defence shall be accompanied by ten copies of the defence and its annexes certified by the respondent or its duly authorised officer or legal representative as conforming to the original.

(7)

Rules 10(1), 11 (except paragraph (1)(a), (c) and (d)) and 12 apply to a defence as if—

(a)

references to “notice of appeal” were references to “defence”;

(b)

references to “an appeal” or “the appeal” were references to “a defence” or “the defence”;

(c)

references to “ground of appeal” were references to “ground of defence”;

(d)

references to “the appellant” were references to “the respondent”; and

(e)

in rule 10(1), the reference to rule 9 were a reference to rule 15.

(8)

The respondent shall send a copy of the defence and any accompanying documents to each other party at the same time as it files the defence.