The Claims Management Services Tribunal Rules 2007

Withdrawal of appeal and unopposed appeals

22.—(1) The appellant may withdraw the appeal—

(a) at any time before the hearing of the appeal, without permission, by filing a notice in writing to that effect; or

(b) at the hearing of the appeal, with the Tribunal’s permission,

and the Tribunal must dismiss any appeal that is so withdrawn.

(2) The Regulator may state that he does not oppose the appeal or that he is withdrawing his opposition to it—

(a) at any time before the hearing of the appeal, without permission, by filing a notice to that effect; or

(b) at the hearing of the appeal, with the Tribunal’s permission,

and the Tribunal must allow the appeal.

(3) In any case where—

(a) the Regulator files a notice in accordance with paragraph (2)(a); or

(b) the Regulator does not file a statement of case within the time limit imposed by rule 5(1) (or any such time limit as varied under rule 12 (e)); or

(c) the appellant does not file a reply within any time limit imposed by rule 6(1) (or any such time limit as varied under rule 12(e)),

the Tribunal may (subject to its power to give a direction under rule 15(7)) determine the appeal without an oral hearing in accordance with rule 23.

(4) Where the Tribunal determines the appeal without an oral hearing under paragraph (3), it must not dismiss the appeal without notifying the appellant that it is minded to do so and giving him an opportunity to make representations.