The Land Registration (Hearings Procedure) Rules 2000

PART III PREPARATION FOR A HEARING

Addition and substitution of parties

5.—(1) If it appears to the Registrar, whether on the application of a party or otherwise, that it is desirable that any person be made a party to the proceedings, the Registrar may direct that such person be added as a new party and may give consequential directions, including directions as to the delivery and service of documents.

(2) The Registrar may direct that any person cease to be a party if it is not desirable for that person to be a party to the proceedings.

(3) The Registrar may direct that a new party be substituted for an existing one if the existing party’s interest or liability has passed to the new party and it is desirable to substitute the new party so that the Registrar can resolve the matters in dispute in the proceedings.

Directions in preparation for a hearing

6.—(1) The Registrar may at any time, on the application of a party or otherwise, give such directions as are provided in this part of these rules (including the issue of a witness summons) to enable the parties to prepare for the hearing or to assist the Registrar to determine the issues.

(2) An application by a party for directions must be in writing addressed to the Registrar and, unless accompanied by the written consent of all the parties, must first be served by that applicant on any other party who might be affected by such directions. If a party objects to the directions sought, the Registrar must consider the objection and, if he considers it necessary for the determination of the application, must give the parties an opportunity of appearing before him.

(3) Directions containing a requirement under this part of these rules must include a statement of the possible consequences for the application or the objection as provided by rule 12 of these rules, of a party’s failure to comply with the requirement within any time limit imposed by the Registrar.

Facts and issues to be decided

7.  The Registrar may give directions requiring a party to provide a statement of the facts in dispute or issues to be decided or a summary of the arguments upon which a party intends to rely.

Further information and supplementary statements

8.  The Registrar may give directions requiring a party to provide such further information or supplementary statements as may be reasonably required for the determination of the matters in issue in the proceedings.

Disclosure and inspection of documents

9.—(1) The Registrar may give directions:

(a) requiring a party to deliver to the Registrar any document or other material which the Registrar may require and which is in the control of that party, and the Registrar may make such provision as he thinks necessary to supply copies of any document obtained under this rule to other parties to the proceedings;

(b) requiring a party to permit another party to inspect and take copies of any document or other material which is in his control;

(c) specifying the time and place for disclosure and inspection.

(2) For the purpose of this rule a party has a document or other material in his control if:

(a) it is in his physical possession;

(b) he has a right to possession of it; or

(c) he has a right to inspect or take copies of it.

(3) It will be a condition of the supply of any document or other material under this rule that a party may only use the document or material supplied for the purpose of the proceedings in which it was disclosed.

Witness summonses

10.—(1) The Registrar may by summons under the seal of the Land Registry require any persons in England and Wales to attend as a witness at any hearing at the date, time and place specified in the summons to answer any questions which relate to any matter in question.

(2) The witness summons will be binding only if, when it is served:

(a) the witness is given at least seven days' notice of the hearing, or shorter notice if he has informed the Registrar that he will accept such notice as he has been given; and

(b) the witness is paid or offered the necessary payment of his expenses.

(3) A witness summons must normally be served by the person on whose behalf it is issued but if, exceptionally, the Registrar agrees to effect service the person issuing the summons must deposit with the Registrar payment of the witness’s expenses.

(4) A witness summons must be in the form appearing in the Schedule to these rules.

Experts

11.  No party may call an expert or put in evidence an expert’s report without the Registrar’s permission.

Failure to comply with directions

12.—(1) Where a party has failed to comply with a direction under these rules given by the Registrar, any affected party may apply to the Registrar for a sanction to be imposed on the defaulting party.

(2) A sanction imposed under paragraph (1) may include the following:

(a) if the defaulting party is an applicant: cancellation of his application in whole or part;

(b) if the defaulting party is a person who has objected to an application: giving effect to the application in whole or in part as if the objection, or part of the objection, had not been made;

(c) if the defaulting party has lodged any caution or is the personal representative of such a person: cancellation of the caution.

(3) A party who intends to apply for such a sanction must do so without delay but must first notify the defaulting party of his intention to do so.

Application to set aside or vary directions made without notice

13.—(1) Any party served with directions made on application but on whom a copy of the application made in support of the directions was not served may apply to the Registrar to have it set aside or varied.

(2) Any application under this rule must be made within 7 days after the date on which the directions were served on the person making the application.

Publication of hearings

14.  The Registrar must publish details of all listed hearings at the Headquarters office of Her Majesty’s Land Registry at 32 Lincoln’s Inn Fields London WC2A 3PH.