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[F1SCHEDULE 3Procedure in financial services cases [F2and Wholesale Energy Cases]

Applicant’s reply

5.(1) The applicant must send or deliver a written reply so that it is received by the Upper Tribunal no later than 28 days after—

[F3(a)in a single regulator case, on the date on which the applicant received a copy of the statement of case;]

[F3(aa)in a multiple regulator case, on the first date on which the applicant was in receipt of all the statements and, where relevant, notifications required under paragraphs 4A(2) and 4A(4); or]

(b)if [F4a respondent] amends its statement of case, the date on which the applicant received a copy of the amended statement of case.

(2) The reply must—

(a)state the grounds on which the applicant relies in the reference;

(b)identify all matters contained in [F5the respondent’s statement of case (or, where applicable, respondents’ statements of case)] which are disputed by the applicant; F6...

(c)state the applicant’s reasons for disputing them.

(3) The applicant must send with the reply a list of all the documents on which the applicant relies in support of his case.

(4) At the same time the applicant must send to [F7all other parties] a copy of the reply and of the list referred to in sub-paragraph (3).

[F8(5) Where the primary regulator has provided a written notification under paragraph 4A(2)(b), if the applicant wishes the Tribunal to direct that further steps in the proceedings be taken by the primary regulator, an application must be made at the time of sending the reply.]]

Textual Amendments

F3Sch. 3 para. 5(1)(a)(aa) substituted for Sch. 3 para. 5(1)(a) (1.4.2013) by The Tribunal Procedure (Amendment No. 2) Rules 2013 (S.I. 2013/606), rules 1, 2(9)(a)(i)

F4Words in Sch. 3 para. 5(1)(b) substituted (1.4.2013) by The Tribunal Procedure (Amendment No. 2) Rules 2013 (S.I. 2013/606), rules 1, 2(9)(a)(ii)

F5Words in Sch. 3 para. 5(2)(b) substituted (1.4.2013) by The Tribunal Procedure (Amendment No. 2) Rules 2013 (S.I. 2013/606), rules 1, 2(9)(b)(i)

F6Word in Sch. 3 para. 5(2)(b) omitted (1.4.2013) by virtue of The Tribunal Procedure (Amendment No. 2) Rules 2013 (S.I. 2013/606), rules 1, 2(9)(b)(ii)

F7Words in Sch. 3 para. 5(4) substituted (1.4.2013) by The Tribunal Procedure (Amendment No. 2) Rules 2013 (S.I. 2013/606), rules 1, 2(9)(c)