The Copyright Tribunal Rules 1989

Chairman’s directions

11.—(1) Upon the expiration of the time specified by rule 9(2) for the service on the Secretary of a statement of case or answer, the Chairman shall appoint a date and place for the attendance of the parties for the purpose of his giving directions as to the further conduct of the proceedings, and the Secretary shall serve on every party and every person whose application under rule 7(1) has not been determined not less than 21 days' notice of such date and place.

(2) On the appointed day, the Chairman shall afford every party attending the appointment an opportunity of being heard and, after considering any representations made orally or in writing, give such directions as he thinks fit with a view to the just, expeditious and economical disposal of the proceedings and, without prejudice to the generality of the foregoing, may give directions as to–

(i) the date and place of any oral hearing requested by any party or which the Chairman for any reason considers necessary, and the procedure (including the number of representatives each party may appoint for the purpose of such hearing) and the timetable (including the allocation of time for the making of representations by each party) to be followed at such a hearing;

(ii) the procedure to be followed with regard to the submission and exchange of written arguments;

(iii) the date after which no amended statement of case or answer may be served without leave;

(iv) the preparation and service by each party, or any one party if all other parties agree, of a schedule setting out the issues to be determined by the Tribunal and brief particulars of the contentions of each party in relation thereto;

(v) the admission of any facts or documents, and the discovery and inspection of documents;

(vi) the giving of evidence on affidavit; and

(vii) the consideration by the Tribunal of whether any objection made to an intervener’s credentials under rule 8 shall operate as a stay of the proceedings.

(3) The Chairman may postpone or adjourn to a later date to be appointed by him the giving of any directions under this rule and, at any time after directions have been given under this rule the Chairman may, whether or not any application on that behalf has been made under rule 12, give such further directions as he may think fit.

(4) If any party fails to comply with any direction given or order made under this rule or rule 12, the Chairman may, without prejudice to the making of any order under rule 53, give such consequential directions as may be necessary and may order such a party to pay any costs occasioned by his default.