Article 38 Interlocutory applications
Except where these Rules make other provision or the President otherwise orders, an application for directions of an interlocutory nature in connection with any proceedings shall be made to the registrar.
The application shall be made in writing and shall state the title of the proceedings, and the grounds upon which the application is made.
If the application is made with the consent of all parties, it shall be accompanied by consents signed by or on behalf of the parties.
If the application is not made with the consent of every party the applicant shall serve a copy of the proposed application on every other party before it is made and the application shall state that this has been done.
A party who objects to an application may, within 7 days of service of a copy on him, send written notice of his objection to the registrar.
Before making an order on an application the registrar shall consider all the objections that he has received and may allow any party who wishes to appear before him the opportunity to do so.
In dealing with an application the registrar shall have regard to the convenience of all the parties and the desirability of limiting so far as practicable the costs of the proceedings and shall inform the parties in writing of his decision.
The registrar may refer the application to the President for a decision and he shall do so if requested by the applicant or a party objecting to the application.
A party may appeal to the President from a decision of the registrar under this rule by giving written notice to the registrar within 7 days of service of the notice of decision or such further time as the registrar may allow.
An appeal under paragraph (9) shall not act as a stay of proceedings unless the President so orders.
Where an application under this rule is made—
with respect to a case that has been included by the President in a class or group of cases under section 3(2) of the Act, or
with respect to a case for which a member or members of the Lands Tribunal has or have been selected,
the powers and duties of the President under this rule may be exercised and discharged in relation to the application by any member or members of the Lands Tribunal authorised by the President for that purpose.