The Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013

CHAPTER 1 Land registration cases: requirements relating to court proceedings, registrar etc

Consideration of direction to commence court proceedings under section 110(1) of the 2002 LR Act

37.  Before the Tribunal decides to direct a party to commence court proceedings under section 110(1) of the 2002 LR Act, the parties may make representations as to—

(a) whether the Tribunal should make such a direction;

(b) which party should be directed to commence court proceedings;

(c) the time within which court proceedings must commence; and

(d) the questions the court should determine.

Notification relevant to related court proceedings

38.—(1) This rule applies where a party—

(a) is directed to commence court proceedings by the Tribunal under section 110(1); or

(b) commences, or has commenced, court proceedings which concern or relate to the matter before the Tribunal.

(2) The party referred to in paragraph (1) must provide to the Tribunal and all other parties—

(a) written notice stating—

(i) that court proceedings have been issued;

(ii) the date of issue of the court proceedings;

(iii) the names and any known addresses of the parties to the court proceedings;

(iv) the name of the court at which the court proceedings are pending;

(v) the case number allocated to the court proceedings; and

(vi) the way and the extent to which the court proceedings concern or relate to the matter before the Tribunal;

(b) within 14 days after the date of any decision on any application for an extension of time, a copy of that decision; and

(c) within 14 days after the date on which the matter before the court is finally disposed of, a copy of the final court order.

(3) Where the party has been directed to commence proceedings under section 110(1), the written notice to which paragraph (2)(a) refers must be provided within 14 days after the date of issue of the court proceedings.

(4) Where the party commences or has commenced court proceedings otherwise than in consequence of a direction made by the Tribunal, the written notice to which paragraph (2)(a) refers must be provided within 14 days after the date of commencement of the court proceedings or, if later, within 7 days after the date of provision of the written notice in accordance with rule 28(3) that the matter has been received by the Tribunal.

(5) In this rule—

“the date on which the matter before the court is finally disposed of” means the earliest date on which the court proceedings relating to the matter (including any court proceedings on or in consequence of an appeal) have been determined and any time for appealing or further appealing has expired.

(6) In this rule and in rule 39—

“the final court order” means the order made by the court that records the court’s final determination (on appeal or otherwise).

Stay of Tribunal proceedings following a direction relating to the whole or part of a matter

39.—(1) This rule applies where the Tribunal has directed a party under section 110(1) of the 2002 LR Act to commence court proceedings for the court’s decision on the whole or part of a matter.

(2) Upon receipt by the Tribunal of notice under rule 38(2)(a) that court proceedings have been issued, the Tribunal proceedings, or the relevant part of those proceedings, are automatically stayed pending the final court order.

(3) Subject to sub-paragraph (4) and any question of costs, once the Tribunal has received a copy of the final court order in accordance with rule 38(2)(c), unless the court directs otherwise, the Tribunal proceedings, or the part of the matter, are to be regarded as stayed.

(4) The Tribunal may make a decision, including lifting a stay under this rule, either with or without a hearing and either with or without giving prior notice to the parties if—

(a) such a decision is necessary, in addition to the final court order, to implement the final court order; and

(b) the Tribunal would have had the power to make such a decision if the Tribunal had made a decision in relation to the proceedings.

(5) Where the stay referred to in paragraph (2) relates only to part of the matter, the Tribunal may stay the proceedings in relation to any other part of the matter before the Tribunal pending the final court order.

(6) While the court proceedings are still pending, the party directed to commence court proceedings must notify the court of any decision made by the Tribunal within 14 days after the date on which it receives the Tribunal decision.

Requirements directed to the registrar

40.—(1) The Tribunal must send written notice to the registrar of any direction which requires the registrar to take action.

(2) Where the Tribunal has made a decision, that decision may include a direction to the registrar to—

(a) give effect to the original application in whole or in part as if the objection to that original application had not been made; or

(b) cancel the original application in whole or in part.

(3) A direction to the registrar under paragraph (2) must be in writing, must be sent or delivered to the registrar and may include—

(a) a condition that a specified entry be made on the register of any title affected; or

(b) a direction to reject any future application of a specified kind by a named party to the proceedings—

(i) unconditionally; or

(ii) unless that party satisfies specified conditions.