- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made).
38.—(1) This rule applies where a party—
(a)is directed to commence court proceedings by the Tribunal under section 110(1); or
(b)commences, or has commenced, court proceedings which concern or relate to the matter before the Tribunal.
(2) The party referred to in paragraph (1) must provide to the Tribunal and all other parties—
(a)written notice stating—
(i)that court proceedings have been issued;
(ii)the date of issue of the court proceedings;
(iii)the names and any known addresses of the parties to the court proceedings;
(iv)the name of the court at which the court proceedings are pending;
(v)the case number allocated to the court proceedings; and
(vi)the way and the extent to which the court proceedings concern or relate to the matter before the Tribunal;
(b)within 14 days after the date of any decision on any application for an extension of time, a copy of that decision; and
(c)within 14 days after the date on which the matter before the court is finally disposed of, a copy of the final court order.
(3) Where the party has been directed to commence proceedings under section 110(1), the written notice to which paragraph (2)(a) refers must be provided within 14 days after the date of issue of the court proceedings.
(4) Where the party commences or has commenced court proceedings otherwise than in consequence of a direction made by the Tribunal, the written notice to which paragraph (2)(a) refers must be provided within 14 days after the date of commencement of the court proceedings or, if later, within 7 days after the date of provision of the written notice in accordance with rule 28(3) that the matter has been received by the Tribunal.
(5) In this rule—
“the date on which the matter before the court is finally disposed of” means the earliest date on which the court proceedings relating to the matter (including any court proceedings on or in consequence of an appeal) have been determined and any time for appealing or further appealing has expired.
(6) In this rule and in rule 39—
“the final court order” means the order made by the court that records the court’s final determination (on appeal or otherwise).
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: