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The Competition Appeal Tribunal Rules 2003
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- UK Statutory Instruments
- 2003 No. 1372
- PART V
- THE HEARING
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THE HEARING
Hearing to be in public
50. The hearing of any appeal, review or claim for damages shall be in public except as to any part where the Tribunal is satisfied that it will be considering information which is, in its opinion, information of the kind referred to in paragraph 1(2) of Schedule 4 to the 2002 Act.
Procedure at the hearing
51.—(1) The proceedings shall be opened and directed by the President or the chairman who shall be responsible for the proper conduct of the hearing.
(2) The Tribunal shall, so far as it appears to it appropriate, seek to avoid formality in its proceedings and shall conduct the hearing in such manner as it considers most appropriate for the clarification of the issues before it and generally to the just, expeditious and economical handling of the proceedings.
(3) Unless the Tribunal otherwise directs, no witness of fact or expert shall be heard unless the relevant witness statement or expert report has been submitted in advance of the hearing and in accordance with any directions of the Tribunal.
(4) The Tribunal may limit cross-examination of witnesses to any extent or in any manner it deems appropriate.
Quorum
52.—(1) If, after the commencement of any hearing, the chairman is unable to continue the President may appoint either of the remaining two members to chair the Tribunal; and in that case the Tribunal shall consist of the remaining two members for the rest of the proceedings.
(2) If the person appointed under paragraph (1) is not a member of the panel of chairmen, the President may appoint himself or some other suitably qualified person to attend the proceedings and advise the remaining members on any questions of law arising.
(3) For the purposes of paragraph (2), a person is “suitably qualified” if he is, or is qualified for appointment as, a member of the panel of chairmen.
(4) If, after the commencement of any hearing, a member of the Tribunal (other than its chairman) is unable to continue, the President may decide that the Tribunal shall consist of the remaining two members for the rest of the proceedings.
(5) Where in pursuance of this rule the Tribunal consists of two members, a decision of the Tribunal must be unanimous.
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