The Information Tribunal (National Security Appeals) Rules 2005

Directions

16.—(1) This rule is subject to rule 17 below.

(2) In this rule, references to a “party” include the relevant Minister notwithstanding that he may not be a party to an appeal under section 28(6) of the 1998 Act.

(3) Subject to paragraphs (7) and (8) below, the Tribunal may at any time of its own motion or on the application of any party give such direction as it thinks proper to enable the parties to prepare for the hearing of the appeal or to assist the Tribunal to determine the issues.

(4) Such directions may in particular–

(a) provide for a particular matter to be dealt with as a preliminary issue and for a pre-hearing review to be held;

(b) provide for–

(i) the exchange between the parties of lists of documents held by them which are relevant to the appeal,

(ii) the inspection by the parties of the documents so listed,

(iii) the exchange between the parties of statements of evidence, and

(iv) the provision by the parties to the Tribunal of statements or lists of agreed matters;

(c) require any party to send to the Tribunal and to the other parties–

(i) statements of facts and statements of the evidence which will be adduced, including such statements provided in modified or edited form;

(ii) a skeleton argument which summarises the submissions which will be made and cites the authorities which will be relied upon, identifying any particular passages to be relied upon;

(iii) a chronology of events;

(iv) any other particulars or supplementary statements which may reasonably be required for the determination of the appeal;

(v) any document or other material which the Tribunal may require and which it is in the power of that party to deliver;

(vi) an estimate of the time which will be needed for any hearing;

(vii) by a specified date, any written submissions on which the party intends to rely at a hearing that he does not intend to attend or at which he does not intend to be represented; and

(viii) a list of the witnesses he intends to call to give evidence at any hearing;

(d) limit the length of oral submissions and the time allowed for the examination and cross-examination of witnesses; and

(e) limit the number of expert witnesses to be heard on either side.

(5) If, following the determination of any matter at a pre-hearing review directed in accordance with paragraph (4)(a) above, the Tribunal is of the opinion that its decision as to that matter substantially disposes of the whole appeal, the Tribunal may treat the pre-hearing review as the hearing of the appeal and may give such direction as it thinks fit to dispose of the appeal.

(6) The Tribunal may, subject to any specific provision in these Rules, specify time limits for steps to be taken in the proceedings and may extend any time limit.

(7) Nothing in this rule may require the production of any document or other material which the party could not be compelled to produce on the trial of an action in a court of law in that part of the United Kingdom where the appeal is to be determined.

(8) It shall be a condition of the supply of any information or material provided under this rule that any recipient of that information or material may use it only for the purposes of the appeal.

(9) The power to give directions may be exercised in the absence of the parties.

(10) Notice of any directions given under this rule shall be served on all the parties, and the Tribunal may, on the application of any party, set aside or vary such direction.

(11) If a party does not comply with any direction given under these Rules, the Tribunal may–

(a) dismiss the whole or part of the appeal or application; or

(b) strike out the whole or part of a Minister’s or a respondent data controller’s reply or notice in reply and, where appropriate, direct that a Minister or a respondent data controller shall not contest the appeal.

(12) But the Tribunal must not dismiss, strike out or give a direction unless it has sent a notice to the party who has not complied giving that party the opportunity to comply within such period as the Tribunal may specify in the notice or to show cause why the Tribunal should not dismiss, strike out or give such a direction.