The Competition Appeal Tribunal Rules 2015

Directions

53.—(1) The Tribunal may at any time, on the request of a party or of its own initiative, at a case management conference, pre-hearing review or otherwise, give such directions as are provided for in paragraph (2) or such other directions as it thinks fit to secure that the proceedings are dealt with justly and at proportionate cost.

(2) The Tribunal may give directions—

(a) as to the manner in which the proceedings are to be conducted, including any time limits to be observed in the conduct of the oral hearing;

(b) that the parties file a rejoinder or other additional pleadings or particulars;

(c) for the preparation and exchange of skeleton arguments;

(d) requiring clarification of any matter in dispute or additional information in relation to any such matter;

(e) for the appointment and instruction of experts, whether by the Tribunal or by the parties;

(f) for the filing of a list of issues;

(g) for the production of bundles for any hearing;

(h) for the creation of a confidentiality ring;

(i) as to the fixing of time limits with respect to any aspect of the proceedings;

(j) as to the abridgement or extension of any time limits, whether or not expired;

(k) that the whole or part of any proceedings or judgment be stayed either generally or until a specified date or event;

(l) for the disclosure and the production by a party or third party of documents or classes of documents;

(m) for the costs management of proceedings, including for the provision of such schedules of incurred and estimated costs as the Tribunal thinks fit;

(n) for the award of costs or expenses, including any allowances payable to persons in connection with their attendance before the Tribunal;

(o) for the hearing of any issues as preliminary issues prior to the main substantive hearing; and

(p) for hearing a person who is not a party where, in any proceedings, it is proposed to make an order or give a direction in relation to that person.

(3) The Tribunal may also, of its own initiative—

(a) put questions to the parties;

(b) invite the parties to make written or oral submissions on certain aspects of the proceedings;

(c) ask the parties or third parties for information or particulars;

(d) ask for documents or any papers relating to the case to be produced;

(e) summon the parties’ representatives or the parties in person to meetings.

(4) A request by a party for directions shall—

(a) be made in writing as soon as practicable;

(b) be supported by reasons and indicate whether it is agreed or contested by the other parties;

(c) be served on any other party who might be affected by such directions; and

(d) be determined by the Tribunal taking into account the observations of the parties.