Directions14
1
Subject to paragraphs (5) and (6) below, the Tribunal may at any time of its own motion or on the application of any party give such directions as it thinks proper to enable the parties to prepare for the hearing or to assist the Tribunal to determine the issues.
2
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
make provision as to applications for the joinder of other persons to appeals, including giving directions as to the delivery of notices and other documents in such cases;
d
require any party to send to the Tribunal and to any other party—
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; and
vii
a list of the witnesses the party intends to call to give evidence at any hearing;
e
limit the length of oral submissions and the time allowed for examination and cross-examination of witnesses; and
f
limit the number of expert witnesses to be heard on either side.
3
If, following the determination of any matter at a pre-hearing review, 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.
4
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.
5
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.
6
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.
7
The power to give directions may be exercised in the absence of the parties.
8
Notice of any directions given under this rule shall be served on the parties, and the Tribunal may, on the application of any party, set aside or vary such directions.
9
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—
i
a Minister’s or a respondent data controller’s reply, or
ii
a public authority’s or the Commissioner’s notice in reply, and
where appropriate, direct that a Minister, respondent data controller, public authority or the Commissioner shall not contest the appeal.
10
But the Tribunal must not dismiss an appeal, strike out a reply or notice in reply 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 so direct.