OpenLegislation

Rule 28 RepresentativesI1

England and Wales

(1)

A party may appoint a representative (whether a legal representative or not) to represent that party in the proceedings.

(2)

If a party appoints a representative, that party (or the representative if the representative is a legal representative) must send or deliver to the Tribunal written notice of the representative’s name and address, together with a copy of the notice.

(3)

A party who sends or delivers a notice under paragraph (2) must, at the same time, send or deliver a copy of the notice to the other party.

(4)

Anything permitted or required to be done by a party under these Rules, a practice direction or a direction given under these Rules may be done by the representative of that party, except signing a witness statement.

(5)

A person who receives due notice of the appointment of a representative—

(a)

must send or deliver to the representative any document which, at any time after the appointment, is required to be sent or delivered to the represented party, and need not send or deliver that document to the represented party; and

(b)

may assume that the representative is and remains authorised as such until they receive written notification that this is not so from the representative or the represented party.

(6)

At a hearing a party may be accompanied by another person whose name and address has not been notified under paragraph (2) but who, with the permission of the Tribunal, may act as a representative or otherwise assist in presenting the party’s case at the hearing.

(7)

Paragraphs (2) to (5) do not apply to a person who accompanies a party under paragraph (6).

(8)

In this rule “legal representative” means a person who, for the purposes of the 2007 Act, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation within the meaning of that Act, an advocate or solicitor in Scotland or a barrister or solicitor in Northern Ireland.

Annotations

Commencement

I1

Rule 28 in force at 1.10.2011, see rule 1(1)