1.—(1) These Rules may be cited as the Tribunal Procedure (First-tier Tribunal) (War Pensions and Armed Forces Compensation Chamber) Rules 2008 and come into force on 3rd November 2008.
(2) These Rules apply to proceedings before the Tribunal which have been assigned to the War Pensions and Armed Forces Compensation Chamber by the First-tier Tribunal and Upper Tribunal (Chambers) Order 2008(1).
(3) In these Rules—
“the 2007 Act” means the Tribunals, Courts and Enforcement Act 2007;
“appellant” means a person who makes an appeal to the Tribunal, or a person substituted as an appellant under rule 9(1) (substitution of parties);
“decision maker” means the maker of a decision against which an appeal has been brought;
“dispose of proceedings” includes, unless indicated otherwise, disposing of a part of the proceedings;
“document” means anything in which information is recorded in any form, and an obligation under these Rules to provide or allow access to a document or a copy of a document for any purpose means, unless the Tribunal directs otherwise, an obligation to provide or allow access to such document or copy in a legible form or in a form which can be readily made into a legible form;
“hearing” means an oral hearing and includes a hearing conducted in whole or in part by video link, telephone or other means of instantaneous two-way electronic communication;
“legal representative” means an authorised advocate or authorised litigator as defined by section 119(1) of the Courts and Legal Services Act 1990(2);
“party” means a person who is an appellant or respondent in proceedings before the Tribunal or, if the proceedings have been concluded, a person who was an appellant or respondent when the Tribunal finally disposed of all issues in the proceedings;
“practice direction” means a direction given under section 23 of the 2007 Act;
“respondent” means—
in an appeal against a decision, the decision maker and any person other than the appellant who had a right of appeal against the decision; or
a person substituted or added as a respondent under rule 9 (substitution and addition of parties);
“Tribunal” means the First-tier Tribunal.
2.—(1) The overriding objective of these Rules is to enable the Tribunal to deal with cases fairly and justly.
(2) Dealing with a case fairly and justly includes—
(a)dealing with the case in ways which are proportionate to the importance of the case, the complexity of the issues, the anticipated costs and the resources of the parties;
(b)avoiding unnecessary formality and seeking flexibility in the proceedings;
(c)ensuring, so far as practicable, that the parties are able to participate fully in the proceedings;
(d)using any special expertise of the Tribunal effectively; and
(e)avoiding delay, so far as compatible with proper consideration of the issues.
(3) The Tribunal must seek to give effect to the overriding objective when it—
(a)exercises any power under these Rules; or
(b)interprets any rule or practice direction.
(4) Parties must—
(a)help the Tribunal to further the overriding objective; and
(b)co-operate with the Tribunal generally.
3.—(1) The Tribunal should seek, where appropriate,—
(a)to bring to the attention of the parties the availability of any appropriate alternative procedure for the resolution of the dispute; and
(b)if the parties wish and provided that it is compatible with the overriding objective, to facilitate the use of the procedure.
(2) Part 1 of the Arbitration Act 1996(3) does not apply to proceedings before the Tribunal.