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PART 2Preliminary matters

Directions

10.—(1) The Tribunal may at any time give directions to—

(a)enable the parties to prepare for the hearing of the appeal;

(b)assist the Tribunal to determine the issues; and

(c)ensure the just, expeditious and economical determination of the appeal.

(2) The Tribunal may give directions—

(a)on the application of any party or of all the parties; or

(b)of its own initiative,

and, where it gives a direction of its own initiative, it may (but need not) give prior notice to the parties of its intention to do so.

(3) Any application for directions must include the reasons for making that application.

(4) An application for directions must be filed except where it is made during the course of a hearing.

(5) The party making the application must at the same time send a copy of the application to the other party except where—

(a)an application under paragraph (4) is accompanied by the written consent of all the parties; or

(b)an application is made during a hearing.

(6) Where the application for directions has been filed and a copy sent to the other party in accordance with paragraphs (4) and (5) any objection by the other party to the directions applied for, together with the reasons for the objection must be sent—

(a)to the Tribunal within 14 days beginning on the date on which the copy of the application was sent; and

(b)to the party who applied for the directions within 14 days beginning on the date on which the copy of the application was sent.

(7) Where the Tribunal directs that an oral hearing is to be held to consider an application under this rule, the Tribunal will give the parties not less than 14 days notice of the hearing unless both parties consent to shorter notice.

(8) Directions may be given orally at a hearing or in writing and, unless the Tribunal decides otherwise in any particular case, notice of any direction (or refusal to give a direction) must be given to the parties.

(9) Where a direction is given under these Rules containing a requirement—

(a)it must include a statement of the possible consequences, as set out in rule 34, of a party’s failure to comply with the requirement; and

(b)it may specify a time limit for complying with the requirement.

(10) When a direction is given under these Rules, which affects a party or a witness, that party or witness may apply to the Tribunal showing good cause why it should be varied or set aside.

(11) The Tribunal must not give a direction to vary or set aside the direction under paragraph (10) without first—

(a)notifying the party who applied for the direction, and

(b)giving that party an opportunity to make representations.