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PART 2APPEALS

INTERVENTION, CONSOLIDATION AND FORUM

Intervention

16.—(1) Any person with sufficient interest in the outcome may make a request to the Tribunal for permission to intervene in the proceedings.

(2) The request shall be filed within the period referred to in rule 14(3)(f).

(3) The Registrar shall give notice of the request for permission to intervene to all the other parties to the proceedings and invite their observations on that request within a specified period.

(4) A request for permission to intervene shall state—

(a)the title of the proceedings to which that request relates;

(b)the name and address of the person wishing to intervene;

(c)the name and address of its legal representative, if any; and

(d)an address for service in the United Kingdom.

(5) The request shall contain—

(a)a concise statement of the matters in issue in the proceedings which affect the person making the request;

(b)the name of any party whose position the person making the request intends to support; and

(c)a succinct presentation of the reasons for making the request.

(6) If the Tribunal is satisfied, having taken into account the observations of the parties, that the intervening party has a sufficient interest, it may permit the intervention on such terms and conditions as it thinks fit.

(7) On granting permission under paragraph (6), the Tribunal may any consequential directions it considers necessary with regard, in particular, to the service on the intervener of the documents lodged with the Registrar, the filing by the intervener of a statement of intervention and, if appropriate, the filing by the principal parties of a response to the statement of intervention and any objections to the admission of evidence put forward by the intervener.

(8) The statement of intervention shall contain—

(a)a succinct presentation of the facts and arguments supporting the intervention;

(b)the relief sought by the intervener;

(c)a schedule listing all the documents annexed to the intervention; and

(d)a statement identifying the evidence (whether witness statements or other documents annexed to the statement of intervention) the substance of which, so far as the intervener is aware, was not before the maker of the disputed decision.

(9) As far as practicable, there shall be annexed to the statement of intervention, a copy of every document (or part of a document) on which the intervener relies including the written statements of witnesses of fact and expert witnesses, if any, but excluding any document (or part of a document) annexed to the notice of appeal or defence.

(10) Rules 10(1), 11 (except paragraph (1)(a), (c) and (d)) and 12 apply to a statement of intervention as if—

(a)references to “notice of appeal” were references to “statement of intervention”;

(b)references to “an appeal” or “the appeal” were references to “a statement of intervention” or “the statement of intervention”;

(c)references to “ground of appeal” were references to “ground of intervention”;

(d)references to “the appellant” were references to “the intervener”; and

(e)in rule 10(1), the reference to rule 9 were a reference to rule 16.

(11) The intervener shall send a copy of the statement of intervention and any accompanying documents to each other party at the same time as it files the statement of intervention.

Consolidation

17.—(1) Where two or more proceedings are pending in respect of the same decision, or which involve the same or similar issues, the Tribunal may, on the request of a party or of its own initiative, order that the proceedings or any particular issue or matter raised in the proceedings be consolidated.

(2) Before making an order under this rule, the Tribunal shall invite the parties to the relevant proceedings to submit their observations.

Forum

18.—(1) The Tribunal, after taking into account the observations of the parties, may at any time determine whether any proceedings, or part of any proceedings, before it are to be treated, for all or for any purpose (including a purpose connected with any appeal from a decision of the Tribunal made in those proceedings) as proceedings in England and Wales, in Scotland or in Northern Ireland.

(2) Despite any determination under paragraph (1), the Tribunal may hold any meeting, case management conference, pre-hearing review or hearing, or give any directions, in such place and in such manner as it thinks fit having regard to the just, expeditious and economical conduct of the proceedings.

(3) In making a determination under paragraph (1), the Tribunal may have regard to all matters which appear to it to be relevant and in particular the part of the United Kingdom where—

(a)any individual party to the proceedings is habitually resident or has its head office or principal place of business;

(b)the majority of the parties are habitually resident or have their head offices or principal places of business;

(c)any agreement, decision or concerted practice to which the proceedings relate was made or implemented or intended to be implemented;

(d)any conduct to which the proceedings relate took place;

(e)in collective proceedings or proceedings concerning a collective settlement, the place where the class representative or settlement representative is habitually resident or has its head office or principal place of business.

(4) Without prejudice to paragraph (3), in making a determination under paragraph (1) for the purposes of a claim under section 47A (claims for damages etc.) or section 47B (collective proceedings) of the 1998 Act(1), the Tribunal may have regard to the law which is applicable to the claim.

(1)

1998 c.41; sections 47A and 47B were substituted by paragraphs 4 and 5 respectively of Schedule 8 to the Consumer Rights Act 2015 (c. 15).