PART 2General powers and provisions
Lead cases18
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If the lead case or cases lapse or are withdrawn before the Tribunal makes a decision in respect of the common or related issues, the Tribunal must give directions as to—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.