Paragraph 11 Procedural decisions

(1)

Any procedural question arising in the course of a hearing before the Judicial Committee will be determined by the Judicial Committee.

(2)

Subject to paragraph (3), the powers under the following rules may be exercised by a single member or by the Registrar without an oral hearing—

(a)

rule 6 (time limits);

(b)

rule 10 (non-compliance with Rules);

(c)

rule 37 (withdrawal etc of application or appeal);

(d)

rule 39 (change of interest);

(e)

rule 40 (advocates to the Judicial Committee and assessors);

(f)

rule 41 (security for costs);

(g)

rule 43 (stay of execution);

(h)

rule 45(4) (redaction of material from published documents).

(3)

Any contested application—

(a)

alleging contempt of the Judicial Committee;

(b)

in respect of a direction under rule 10 dismissing an appeal or debarring a respondent from resisting an appeal; or

(c)

for security for costs,

shall be referred to a panel of three or more members who shall, in a case of alleged contempt, and may, in any other case, hold an oral hearing.

(4)

Where under these Rules any matter falls to be decided by a single member, that member may, where it appears appropriate, direct an oral hearing or may refer the matter to a panel of three or more members to be decided with or without an oral hearing.

(5)

Where under these Rules any matter falls to be decided by the Registrar, the Registrar may—

(a)

direct an oral hearing;

(b)

refer the matter to a single member (and paragraphs (2) and (4) shall then apply in relation to the member);

(c)

refer the matter to a panel of three or more members to be decided with or without an oral hearing.

(6)

A party may apply for any decision of the Registrar under these Rules to be reviewed by a single member (in which case paragraphs (2) and (4) apply in relation to the member) and any application under this rule must be filed within 14 days of the Registrar’s decision.

(7)

Subject to rule 32, oral hearings on procedural matters must be heard in open court or in a place to which the public are admitted.

(8)

If any procedural question arises which is not dealt with by these Rules, the Judicial Committee or the Registrar may adopt any procedure that is consistent with the overriding objective and these Rules.