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(6) If the lead case or cases lapse or are withdrawn before the Tribunal makes a decision in respect of the common or related issues, the Tribunal must give directions as to—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