The Adjudicator to Her Majesty’s Land Registry (Practice and Procedure) Rules 2003

PART 6 APPEALS FROM ADJUDICATOR

Scope of this Part

44.  This Part contains provisions in relation to appeals to the High Court of decisions by the adjudicator and includes provisions about the adjudicator staying implementation of his decision pending the outcome of an appeal.

Appeals to the High Court

45.—(1) Where a party is granted permission to appeal, the adjudicator may, of his own motion or on the application of a party, stay the implementation of the whole or part of his decision pending the outcome of the appeal.

(2) A party who wishes to apply to the adjudicator to stay the implementation of the whole or part of a decision pending the outcome of the appeal must make such an application to the adjudicator at the same time that he applies to the adjudicator for permission to appeal.

(3) Where a party applies under paragraph (2) to the adjudicator to stay implementation of the whole or part of a decision, that party must at the same time provide reasons for the application.

(4) Before reaching a decision as to whether to grant permission to appeal a decision or to stay implementation of a decision, the adjudicator must allow the parties the opportunity to make representations or objections.

(5) The adjudicator must serve written notice on the parties of any decision that he makes as to whether to grant permission to appeal or to stay the implementation of the whole or part of his decision pending the outcome of the appeal.

(6) Where the adjudicator’s decision to grant permission to appeal or to stay implementation of a decision relates to a decision contained in a substantive order, the adjudicator must serve on the registrar a copy of the notice under paragraph (5).

(7) The notice under paragraph (5) must—

(a) be in writing;

(b) be dated;

(c) specify the decision made by the adjudicator;

(d) include the adjudicator’s reasons for his decision; and

(e) be signed by the adjudicator.