The Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013

Lead cases E+W

23.—(1) This rule applies if—

(a) two or more cases have been started before the Tribunal;

(b) in each such case the Tribunal has not made a decision disposing of the proceedings; and

(c) the cases give rise to common or related issues.

(2) The Tribunal may direct that one or more such cases be specified as a lead case, and stay the other cases (“the related cases”).

(3) The Tribunal must send a copy of any direction given under paragraph (2) to each party in a lead case and in the related cases.

(4) A party in a related case referred to in paragraph (3) may apply for the related case to be substituted as the lead case (or added as a lead case) within 28 days after the date of receipt of notification from the Tribunal of a direction made under paragraph (2).

(5) Where the Tribunal makes a decision in a lead case or cases in respect of the common or related issues—

(a) the Tribunal must send a copy of the decision to each party in each of the related cases; and

(b) subject to paragraph (6), the decision will be binding on each of those parties in relation to the common or related issues.

(6) Within 28 days after the date on which the Tribunal sent a copy of the decision to a party under paragraph (5)(a), that party may apply in writing for a direction that the decision is not binding on the parties to a particular related case.

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

(8) If a lead case is withdrawn before the Tribunal makes a decision in respect of the common or related issues, the Tribunal must give directions as to—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 case or other cases are to be specified as a lead case or lead cases; and

(b) whether any direction affecting the related cases should be set aside or amended.