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The Claims Management Services Tribunal Rules 2007

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This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Particular types of direction

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12.  Directions given by the Tribunal may in particular—

(a)permit the appellant to make an appeal after the expiry of the time limit under rule 4(2);

(b)fix the time and place of any hearing and alter any time and place so fixed;

(c)provide for an oral hearing, upon such notice as the Tribunal may determine, in connection with any matter arising under the appeal;

(d)adjourn any oral hearing;

(e)vary any time limit for anything to be done under these Rules;

(f)permit or require any party to provide further information or supplementary statements or to amend a response document or a supplementary statement;

(g)require any party to file any document—

(i)that is in the custody or under the control of that party;

(ii)that the Tribunal considers is or may be relevant to the determination of the appeal and which is to be used only for the purposes of determining the appeal; and

(iii)that has neither been exempted from disclosure on the basis of a ground in rule 8(3) nor been made available under rule 9;

and may also direct that a copy of any such document be sent to the other party or require that it is made available to the other party for inspection and copying;

(h)require any party to provide a statement of relevant issues and facts, and to identify those which are, and are not, agreed by the other party;

(i)require any party to file documents for any hearing under these Rules unless the parties reach an agreement as to the documents to be filed;

(j)require any party to file—

(i)a list of the witnesses whom the party wishes to call to give evidence at the hearing of the appeal; and

(ii)statements of the evidence which those witnesses intend to give, if called;

(k)make provision as to any expert witness to be called including provision—

(i)for the number of such witnesses; and

(ii)the evidence to be given by such witnesses or any documents to be provided by them;

(l)provide for the manner in which any evidence may be given;

(m)provide for the use of languages in addition to English, including provision—

(i)as to the place of any hearing under these Rules so as to ensure the availability of simultaneous interpretation facilities; and

(ii)for the translation of any document.

(n)require that the register must include no, or limited particulars, about the appeal; and

(o)where two or more appeal notices have been filed—

(i)in respect of the same matter;

(ii)in respect of separate interests in the same matter; or

(iii)which involve the same issues,

provide that the appeals or any particular issue or matter raised in the appeals be consolidated or heard together.

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