Article 23 Allocation of cases to categories

United Kingdom

F1(1)

When the Tribunal receives a notice of appeal, application notice or notice of reference, the Tribunal must give a direction—

(a)

in an MP expenses case F2, a financial restrictions civil penalty case or a CAA case, allocating the case to one of the categories set out in paragraph (2)(c) or (d); and

(b)

in any other case, allocating the case to one of the categories set out in paragraph (2).

(2)

The categories referred to in paragraph (1) are—

(a)

Default Paper cases, which will usually be disposed of without a hearing;

(b)

Basic cases, which will usually be disposed of after a hearing, with minimal exchange of documents before the hearing;

(c)

Standard cases, which will usually be subject to more detailed case management and be disposed of after a hearing; and

(d)

Complex cases, in respect of which see paragraphs (4) and (5) below.

(3)

The Tribunal may give a further direction re-allocating a case to a different category at any time, either on the application of a party or on its own initiative.

(4)

The Tribunal may allocate a case as a Complex case under paragraph (1) or (3) only if the Tribunal considers that the case—

(a)

will require lengthy or complex evidence or a lengthy hearing;

(b)

involves a complex or important principle or issue; or

(c)

involves a large financial sum.

(5)

If a case is allocated as a Complex case—

(a)

rule 10(1)(c) (costs in Complex cases) applies to the case; and

(b)

rule 28 (transfer of Complex cases to the Upper Tribunal) applies to the case.

Annotations

Textual amendments

F1: Rule 23(1) substituted (29.11.2010) by The Tribunal Procedure (Amendment No. 3) Rules 2010 (S.I. 2010/2653), rules 1, 6(6)
F2: Words in rule 23(1)(a) inserted (1.4.2013) by The Tribunal Procedure (Amendment) Rules 2013 (S.I. 2013/477), rules 1(2)(c), 41