Article 38 Directions

(1)

The appellate authority may give directions to the parties relating to the conduct of any appeal or application.

(2)

The power to give directions is to be exercised subject to any specific provision of these Rules and of any other enactment.

(3)

Directions under this rule may be given orally or in writing.

(4)

The appellate authority must serve notice of any written directions on every party.

(5)

Directions given under this rule may, in particular—

(a)

relate to any matter concerning the preparation for a hearing;

(b)

specify the length of time allowed for anything to be done;

(c)

vary any time limit;

(d)

provide for—

(i)

a particular matter to be dealt with as a preliminary issue;

(ii)

a pre-hearing review to be held;

(iii)

a party to provide further details of his case, or any other information which appears to be necessary for the determination of the appeal or application;

(iv)

the witnesses, if any, to be heard; and

(v)

the manner in which any evidence is to be given (for example by directing that witness statements are to stand as evidence in chief);

(e)

require any party to file and serve—

(i)

statements of the evidence which will be called at the hearing;

(ii)

a paginated and indexed bundle of all the documents which will be relied on at the hearing;

(iii)

a skeleton argument which summarises succinctly the submissions which will be made at the hearing and cites all the authorities which will be relied on, identifying any particular passages to be relied on;

(iv)

a time estimate for the hearing;

(v)

a list of witnesses whom any party wishes to call to give evidence;

(vi)

a chronology of events; and

(vii)

details of whether and in what respect an interpreter will be required at a hearing;

(f)

limit—

(i)

the number or length of documents upon which a party may rely at a hearing;

(ii)

the length of oral submissions;

(iii)

the time allowed for the examination and cross-examination of witnesses; and

(iv)

the issues which are to be addressed at a hearing;

(g)

require the parties to take any steps to enable two or more appeals or applications to be heard together under rule 51;

(h)

provide for a hearing to be conducted or evidence given or representations made by video link or by other electronic means; and

(i)

make provision to secure the anonymity of a party or witness.

(6)

The appellate authority must not direct an unrepresented party to do something unless it is satisfied that he is able to comply with the direction.