Office of Public Sector Information

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules regulate the procedure for appeals to the Claims Management Services Tribunal (“the Tribunal”), established under section 12(4) of the Compensation Act 2006.

Part 1 (rules 1 to 3) introduces the Rules and includes interpretation of terms used in the Rules.

Part 2 (rules 4 to 22) contains preliminary matters, which take place prior to the appeal hearing.

Part 3 (rules 23 to 28) applies when the appeal hearing has commenced.

Part 4 (rules 29 to 31) makes provision for appeals from the Tribunal to the Court of Appeal in England and Wales.

Part 5 (rules 32 to 38) makes provision for general matters such as the register kept by the Tribunal and the rules that apply to the sending of notices.

In particular, the Rules make the following provision.

Rule 4 provides for the bringing of an appeal by the appellant filing an appeal notice with the Tribunal.

Rule 5 provides that a statement of case must be filed by the Regulator in support of its decision and rule 6 provides that the appellant must reply to that statement of case. Both rules set out what information those documents should contain and also that they should be accompanied by a list of certain information. Those documents and lists should be filed with the Tribunal.

Rule 8(3) allows a party to request that a document that they are otherwise obliged to disclose is exempted from such disclosure on the grounds that it would not be in the public interest, that the document contains commercially sensitive information, that the document is privileged or that it is disproportionate to the case to order such disclosure.

The direction making powers of the Tribunal are contained in rules 10 to 18 and rule 21. Rule 10 provides that the Tribunal may make directions to ensure the just, expeditious and economical determination of the appeal. Rule 12 lists examples of particular directions that the Tribunal may make; rules 13, 14, 15 and 16 provide further information about the making of a particular direction listed in rule 12.

Rules 17 and 18 make provision in respect of the suspension of a decision of the Regulator. Rule 17 allows an appellant to apply to the Tribunal to have that part of the Regulator’s decision that has not been suspended, either during the period when an appeal could be brought or during the appeal, suspended. This rule also allows an appellant who has had his decision suspended during the period when an appeal could be brought to be further suspended, that is, until the Tribunal makes its decision. Rule 18 allows the Regulator to apply to the Tribunal to have the suspension of a decision terminated. This will allow the Regulator to take immediate action to prevent companies from providing claims management services when new evidence comes to light about that company.

Rule 11 applies where the Tribunal directs that a pre-hearing review of the case is to be held. The purpose of a pre-hearing review is to assist the Tribunal in ensuring the fair and prompt hearing of the appeal by making any directions necessary to achieve that objective.

Rule 21 applies where the Tribunal directs that a hearing to determine a preliminary question of law or fact should be held before the substantive hearing of the appeal begins.

Rule 23 applies when the Tribunal determines an appeal without an oral hearing. When an appeal is determined in accordance with this rule the Tribunal must consider whether it is undesirable to publish the whole or part of its decision. The Tribunal will take into account the circumstances of the case, such as whether there are matters of commercial sensitivity or personal details relating to key personnel in an organisation before deciding to publish the whole or part of its decision.

Rule 24 provides an exemption to the general rule that all hearings must be held in public. The Tribunal will look at the particular circumstances of the case and will allow the hearing to take place without the attendance of the press and public when it considers that it is in the interests of justice to exclude them. Under this rule, the Tribunal can permit any other person to attend a private hearing when it thinks that it is necessary for the fair hearing of the appeal, for example, the attendance of an interpreter.

Rule 27 allows the Tribunal to consider whether it would be undesirable to publish the whole or part of its’ decision when the whole or part of the hearing was held in private.

Rules 29 and 30 apply when a person seeks permission to bring an appeal to the Court of Appeal against the decision of the Tribunal. The application for permission to bring an appeal in these circumstances must be decided without an oral hearing unless the Tribunal considers that there are exceptional circumstances that make a hearing desirable.