OpenLegislation

Rule 9 Time and manner of commencing appeals

(1)

An appeal to the Tribunal shall be made by filing a notice of appeal within two months of the date upon which the appellant was notified of the disputed decision or the date of publication of the decision, whichever is the earlier.

(2)

The Tribunal may not extend the time limit provided under paragraph (1) unless it is satisfied that the circumstances are exceptional.

(3)

The notice of appeal shall state—

(a)

the name and address of the appellant;

(b)

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

(c)

an address for service in the United Kingdom;

(d)

the name and address of the respondent to the proceedings,

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

(4)

The notice of appeal shall contain—

(a)

a concise statement of the facts;

(b)

details of the decision to which the proceedings relate;

(c)

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;

(d)

a summary of the grounds for contesting the decision, identifying in particular—

(i)

under which statutory provision the appeal is brought;

(ii)

to what extent (if any) the appellant contends that the disputed decision was based on an error of fact or was wrong in law;

(iii)

to what extent (if any) the appellant is appealing against the respondent's exercise of its discretion in making the disputed decision;

(e)

a succinct presentation of the arguments supporting each of the grounds of appeal;

(f)

the relief sought by the appellant, and any directions sought in accordance with rule 19;

(g)

a schedule listing all the documents annexed to the notice of appeal; and

(h)

a statement identifying the evidence (whether witness statements or other documents annexed to the notice of appeal) the substance of which, so far as the appellant is aware, was not before the maker of the disputed decision.

(5)

In proceedings under the 2003 Act, the notice of appeal 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.

(6)

There shall be annexed to the notice of appeal—

(a)

a copy of the disputed decision; and

(b)

as far as practicable, a copy of every document (or part of a document) on which the appellant relies, including the written statements of all witnesses of fact and expert witnesses, if any.

(7)

Unless the Tribunal otherwise directs, the signed original of the notice of appeal shall be accompanied by ten copies of the notice of appeal and its annexes certified by the appellant or its legal representative as conforming to the original.