The Compensation Orders (Disqualified Directors) Proceedings (England and Wales) Rules 2016

The hearing of the application E+W

8.—(1) When the claim form is issued, the court must fix a date for the first hearing of the claim for a date not less than 8 weeks from the date of issue of the claim form.

(2) The hearing must in the first instance be before the registrar in open court.

(3) Without prejudice to the Secretary of State’s rights and obligations under sections 15C(2) and 16(3) on the hearing of an application, subject to the direction of the court, any of the parties may give evidence, call and cross-examine witnesses at the hearing.

(4) The registrar must either determine the case on the date fixed or adjourn it.

(5) If the registrar adjourns the case for further consideration the registrar must—

(a) direct whether the case is to be heard by a registrar or, if the registrar thinks it appropriate, for determination by the judge;

(b) state the reasons for the adjournment; and

(c) give directions as to the following matters—

(i) the manner in which and the time within which notice of the adjournment and the reasons for it are to be given to the relevant party,

(ii) any order for the provision of further information or for disclosure by the parties,

(iii) the filing in court and the service of further evidence (if any) by the parties,

(iv) such other matters as the registrar thinks necessary or expedient with a view to an expeditious disposal of the application, and

(v) the time and place of the adjourned hearing.

(6) Where a case is adjourned other than to the judge, it may be heard by the registrar who originally dealt with the case or by another registrar.

Commencement Information

I1 Rule 8 in force at 1.10.2016, see rule 1(2)