Rule 15 Lead casesI1

England and Wales

(1)

This rule applies if—

(a)

two or more appeals have been started before the Tribunal;

(b)

in each such appeal the Tribunal has not made a decision finally disposing of all issues in the proceedings; and

(c)

the appeals give rise to common or related issues of fact or law.

(2)

The Tribunal may give a direction—

(a)

specifying one or more appeals falling under paragraph (1) as a lead case or lead cases; and

(b)

staying the other appeals falling under paragraph (1) (“the related cases”).

(3)

When the Tribunal makes a decision in respect of the common or related issues—

(a)

the Tribunal must send or deliver a copy of that decision to each party in each of the related appeals; and

(b)

subject to paragraph (4), that decision shall be binding on each of those parties.

(4)

No later than the date on which expires the period of 28 days beginning with the date on which the Tribunal sent or delivered a copy of the decision to a party under paragraph (3)(a), that party may apply in writing for a direction that the decision does not apply to, and is not binding on the parties to, a particular related appeal.

(5)

The Tribunal must give directions in respect of appeals which are stayed under paragraph (2)(b), providing for the disposal of or further directions in those appeals.

(6)

If the lead case or cases lapse or are withdrawn before the Tribunal makes a decision in respect of the common or related issues, the Tribunal must give directions as to—

(a)

whether another appeal or other appeals are to be specified as a lead case or lead cases; and

(b)

whether any direction affecting the related appeals should be set aside or amended.

Annotations

Commencement

I1: Rule 15 in force at 1.10.2011, see rule 1(1)