OpenLegislation

Article 8 Statement of case

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

A person giving notice of intention to respond is, in this rule, called a “respondent”.

(2)

Within 28 days of service of a notice of intention to respond, the appellant shall serve on the respondent from whom it is received, a statement of his case, including full particulars of the facts relied upon and any points of law on which he intends to rely at the hearing.

(3)

Within 28 days of service of the appellant’s statement, a respondent shall serve on the appellant a reply stating his case including full particulars of the facts relied upon and any points of law on which he intends to rely at the hearing.

(4)

Where a party receives from the registrar a copy of a notice of intention to respond from another party in accordance with rule 7(3), he shall, within 28 days of service of such notice on him, send to that other party a copy of the reply referred to in paragraph (3).

(5)

Where a party serves a statement or reply in accordance with paragraphs (2) or (3), he shall at the same time send a copy to the registrar with confirmation that the statement or reply has been served in accordance with this rule.

(6)

A statement or reply served in accordance with this rule shall be accompanied by—

(a)

every valuation which the party proposes to put in evidence (which shall include all particulars and computations in support of the valuation), or a statement of the value or values which the parties have agreed, and

(b)

either—

(i)

full particulars of any comparable properties and transactions to which the party intends to refer at the hearing in support of his case and a statement of the purpose for which the comparison is made; or

(ii)

a statement that no comparable properties or transactions will be referred to.

(7)

If at the hearing of an appeal a party seeks to rely upon any valuation or other document which appears to the Tribunal not to have been served in accordance with this rule, it may adjourn the hearing on such terms as to costs or otherwise as it thinks fit.