The Land Registration (Hearings Procedure) Rules 2000

Explanatory Note

(This note is not part of the Rules)

These Rules prescribe the procedure to be followed in proceedings before the Registrar:

(a) Part I imports the Overriding Objective contained in Rule 1.1 of the Civil Procedure Rules 1998 and requires the Registrar, with the assistance of the parties, to seek to give effect to that objective throughout the proceedings.

(b) Part II deals with all cases where the Registrar has decided to conduct a hearing. Rule 3 requires him to notify the parties of his intention and to provide guidance relating to evidence and procedure. The Rule also permits the parties to attend, call witnesses and be represented. Rule 4 deals with the right of audience before the Registrar.

(c) Part III deals generally with the procedure leading to the hearing. The Rules provide the Registrar with the appropriate powers, both to give directions and to impose sanctions, to facilitate the pre-hearing process. Rule 9 deals with the disclosure and inspection of evidence, while Rule 10 enables the Registrar to issue witness summonses and prescribes the form. Under Rule 11, a party may only use expert evidence with the Registrar’s permission.

(d) Part IV deals generally with all hearings. Rule 15 provides for hearings to be in public. Rule 16 enables the Registrar, in the absence of a party, either to hear and determine the matter or to adjourn the hearing. Rule 17 provides the methods by which the Registrar may give his decision and requires it to be recorded in an order. It also requires the Registrar to give written reasons for his decision if a reasoned judgement was not delivered at the hearing.