Article 7 Amendment of the 1986 Rules

Rule 5 of the 1986 Rules is amended as follows.

Renumber rule 5 as rule 5(1).

After “hearing of an application” insert “or a determination on the papers under rule 19A”.

After “tribunal” in the third place where it occurs insert “as the case may be,”.

Before “6” insert “3A(4), 3B(4),” and after “10,” insert “11,” and after “19,” insert “19A(4), 19A(5),”.

After rule 5(1) insert:—

“(2)

At any time up to the hearing of an application or a determination on the papers under rule 19A by the tribunal, a president of a tribunal sitting alone or any member so directed by the chairman for the purpose may:—

(a)

deal with an issue in the proceedings as a preliminary issue, including a case management issue;

(b)

decide any question of whether proceedings are to be dealt with by way of an oral hearing or by a determination on the papers;

(c)

permit or require a party to amend a document;

(d)

require a party to produce a bundle of documents relevant to the proceedings; or

(e)

stay or dismiss proceedings:—

(i)

because of a change in circumstances since the proceedings were started the tribunal no longer has jurisdiction in relation to the proceedings; or

(ii)

it is considered that another court or tribunal is a more appropriate forum for the determination of the case.”.