OpenLegislation

Rule 3 DirectionsI1

United Kingdom

(1)

The Tribunal may at any time give a direction to—

(a)

deal with any request or application made under these Rules;

(b)

enable the parties to prepare for any hearing;

(c)

assist the Tribunal to determine the issues; and

(d)

ensure the just, expeditious and economical determination of the appeal.

(2)

The Tribunal may give a direction—

(a)

at the request of any party; or

(b)

of its own initiative.

(3)

Where the Tribunal gives a direction of its own initiative under paragraph (2)(b), it may (but need not) give prior notice to the parties of its intention to do so.

(4)

Any request for a direction must include the reasons for making that request.

(5)

Unless the Tribunal directs otherwise or the request is made during the course of a hearing, a request for a direction must be in writing and filed.

(6)

The party making the request must at the same time serve a copy of that request on the other party except where—

(a)

the request is accompanied by the written consent of the other party;

(b)

the request is made during a hearing; or

(c)

the request is made under rule 5(4) (disclosure).

(7)

Where the Tribunal directs that an oral hearing is to be held to consider a request under this rule, the Tribunal must give the parties not less than 14 days notice of the hearing unless the parties consent to shorter notice.

(8)

A direction may be given in writing or orally at a hearing.

(9)

When the Tribunal gives a direction under these Rules containing a requirement, the Tribunal—

(a)

must include a statement of the possible consequences, as set out in rule 7 (failure to comply), of a party’s failure to comply with the requirement; and

(b)

may specify a time limit for complying with the requirement.

(10)

The Tribunal may, of the Tribunal’s own initiative or at the request of a party or a witness, vary or set aside any direction given under these Rules.

(11)

The Tribunal must not vary or set aside a direction without first giving any party who requested the direction an opportunity to oppose that decision.

Annotations

Commencement

I1

Rule 3 in force at 6.4.2008, see rule 1