The Lands Tribunal Rules 1996

Simplified procedure

28.—(1) A member or the registrar may, with the consent of the applicant or appellant or, in relation to proceedings under Part IV, the consent of the person who is claiming compensation, direct that proceedings shall be determined in accordance with this rule.

(2) The registrar shall send a copy of any direction made under paragraph (1) on all the parties to the proceedings and any party who objects to the direction may, within 7 days of service of the copy on him, send written notice of his objection to the registrar.

(3) Rule 38(6) to (9) and (11) shall apply as appropriate where an objection is received by the registrar under paragraph (2).

(4) Paragraphs (5) to (12) shall apply to proceedings in respect of which the registrar has made a direction under paragraph (1).

(5) Where the proceedings relate to an appeal under Part III, rule 8 shall not apply.

(6) The registrar shall—

(a) give directions concerning the filing and contents of a statement of claim by the applicant or appellant and a reply by the other parties to the proceedings; and

(b) give the parties not less than 21 days notice of the day fixed for the hearing of the proceedings.

(7) The following directions shall take effect—

(a) each party shall, not less than 14 days before the date fixed for the hearing, send to every other party copies of all documents in his possession on which he intends to rely at the hearing; and

(b) each party shall not less than 7 days before the date fixed for the hearing send to the registrar and to every other party a copy of any expert report on which he intends to rely at the hearing and a list of the witnesses whom he intends to call at the hearing.

(8) The registrar may from time to time, whether on application or of his own motion, amend or add to any direction issued if he thinks it necessary to do so in the circumstances of the case.

(9) The hearing shall be informal and shall take place before a single member of the Lands Tribunal who shall act as if he were an arbitrator and who shall adopt any procedure that he considers to be fair.

(10) Strict rules of evidence shall not apply to the hearing and evidence shall not be taken on oath unless the Tribunal orders otherwise.

(11) No award shall be made in relation to the costs of the proceedings except in cases to which section 4 of the 1961 Act apply, save that the Tribunal may make an award of costs

(a) in cases where an offer of settlement has been made by a party and the Tribunal considers it appropriate to have regard to the fact that such an offer has been made; or

(b) in cases in which the Tribunal regards the circumstances as exceptional,

and if, exceptionally, an award of costs is made the amount shall not exceed that which would be allowed if the proceedings had been heard in a county court.

(12) The Tribunal may at any time, on the application of a party to the proceedings or of its own motion, order that this rule shall no longer apply to the proceedings and in that event may give directions for the disposal of the proceedings in accordance with these Rules.