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The Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009

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Lead cases

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18.—(1) This rule applies if—

(a)two or more cases have been started before the Tribunal;

(b)in each such case the Tribunal has not made a decision disposing of the proceedings; and

(c)the cases give rise to common or related issues of fact or law.

(2) The Tribunal may give a direction—

(a)specifying one or more cases falling under paragraph (1) as a lead case or lead cases; and

(b)staying (or, in Scotland, sisting) the other cases falling under paragraph (1) (“the related cases”).

(3) When the Tribunal makes a decision in respect of the common or related issues—

(a)the Tribunal must send a copy of that decision to each party in each of the related cases; and

(b)subject to paragraph (4), that decision shall be binding on each of those parties.

(4) Within 28 days after the date on which the Tribunal sent a copy of the decision to a party under paragraph (3)(a), that party may apply in writing for a direction that the decision does not apply to, and is not binding on the parties to, a particular related case.

(5) The Tribunal must give directions in respect of cases which are stayed [F1(or, in Scotland, sisted)] under paragraph (2)(b), providing for the disposal of or further directions in those cases.

(6) If the lead case or cases lapse or are withdrawn before the Tribunal makes a decision in respect of the common or related issues, the Tribunal must give directions as to—

(a)whether another case or other cases are to be specified as a lead case or lead cases; and

(b)whether any direction affecting the related cases should be set aside or amended.

Textual Amendments

F1Words in rule 18(5) substituted (18.1.2010) by Tribunal Procedure (Amendment) Rules 2010 (S.I. 2010/43), rule 22

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