PART 4Consideration by the Statutory Committee: initial stages

Case management directions23

1

Case management directions may be given—

a

at a case management meeting;

b

upon the request of a party (in circumstances where there is no request or requirement to hold a case management meeting); or

c

by the chair of their own volition.

2

Such case management directions may be given as are considered necessary for the just and expeditious management of the case, and may include, but are not limited to—

a

providing that either or both parties must comply with the provisions of regulation 16, 17 or 20 within such period as may be specified in the direction;

b

requiring the parties to obtain, and to disclose within a specified period, evidence and expert reports;

c

requiring each party to provide an estimate of the length of the hearing and any dates on which they or any witnesses would not be able to attend the hearing;

d

where facts are not in dispute or the allegation is admitted, requiring the parties to produce a statement of agreed facts;

e

requiring the parties to state whether or not the health of the person concerned will be raised as an issue in the proceedings, and if so, whether, in their view, medical reports should be obtained;

f

requiring a party to call the author of any expert report at the hearing;

g

where agreed between the parties, directing that the witness statement of a witness is to stand as the evidence-in-chief of that witness;

h

directing that special measures be put in place at the hearing for a vulnerable witness, including measures aimed at protecting the witness’s identity;

i

requiring chronologies and additional skeleton arguments to be produced by the parties;

j

directing that a further case management meeting should be held; and

k

obtaining rulings from the Statutory Committee for the purpose of resolving questions of law or admissibility of evidence.

3

Any rulings as mentioned in paragraph (2)(k) are binding on the committee hearing the allegation.

4

The secretary must keep a record of any case management directions given and must send written confirmation of such directions to the parties promptly.

5

The Statutory Committee may draw such inferences as it considers appropriate in respect of the failure by a party to comply with case management directions.