PART 5 Appeals from the adjudicator

Permission to appeal to the High Court

33.—(1) A request to the adjudicator for permission to appeal to the High Court may be made by a party—

(a) orally at the hearing immediately following the announcement of a decision by the adjudicator; or

(b) by way of a request filed not later than 14 days after the date on which the notification of a decision is received by the party making the application whether or not the decision was announced orally at a hearing.

(2) When a request is made under paragraph (1)(b), it must be signed by the party seeking permission and must—

(a) state the name and address of the party seeking permission and of any representative of that party;

(b) identify the decision of the adjudicator to which the request relates; and

(c) state the grounds on which the party seeking permission intends to rely before the High Court.

Decision as to permission to appeal to the High Court

34.—(1) A request to the adjudicator for permission to appeal to the High Court must be decided without a hearing unless—

(a) the decision is made immediately following an oral request under rule 33(1)(a); or

(b) the adjudicator considers that special circumstances make it appropriate to hold a hearing.

(2) The decision of the adjudicator following a request for permission to appeal to the High Court, together with the reasons for the adjudicator’s decision, must be recorded in writing and sent to the parties.

(3) If the adjudicator refuses the request, the notification under paragraph (2) must include notification of the time within which a request may be made to the High Court for permission to appeal to that court.

Stay of decision pending appeal

35.—(1) A party who wishes to make a request under paragraph (2) must make such a request, and set out the grounds for making it, at the same time as making an application to the adjudicator for permission to appeal.

(2) Where the adjudicator grants a party permission to appeal to the High Court, the adjudicator may, on the adjudicator’s own initiative or at the request of the party granted permission, stay the implementation of the whole or part of the adjudicator’s decision pending the outcome of the appeal to the High Court.

(3) Before reaching a decision under paragraph (2), the adjudicator must invite and consider representations from each other party against the staying of a decision under that paragraph.

(4) The adjudicator must serve notification of any decision made under this rule, and the reasons for that decision, on the parties.

Appeal remitted by the High Court for rehearing

36.  Where the High Court remits a case to the adjudicator—

(a) these Rules, so far as relevant, apply to the case as they did to the original appeal; and

(b) the adjudicator must, as soon as is reasonably practicable after the remittal, give directions in relation to the case.

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules are made under the Land Registration Act 2002. They are part of a package of Rules made to support the establishment of a land registry network for carrying out electronic conveyancing as provided by section 92 of, and Schedule 5 to, the 2002 Act. The Network Access Appeal Rules 2008 regulate the procedure to be followed when an appeal is brought to the adjudicator against the decision of the registrar in respect of the entry into or termination of a Network Access Agreement.

General matters relating to appeals brought under these Rules are contained in Part 2 and include the adjudicator’s power to make directions, to adjourn a hearing, to strike out a party’s case, rules about service and receipt of documents and the information that a list of documents should contain.

Part 3 deals with the way in which an appeal is brought by the appellant and responded to by the registrar. Rule 20 states the information the appellant has to include in, and accompany, the appeal notice. Rule 21 provides that the registrar must file a response to the applicant’s appeal notice, stating whether it intends to play an active part in the proceedings. The registrar need only set out grounds on which it disagrees with the appellant’s case if the registrar intends to take an active part in the proceedings.

Procedures relating to the hearing of an appeal are contained in Part 4. This includes rules about the summoning and notification of witnesses, the determination of hearings in private, the notification of the adjudicator’s decision and reasons for it and the publication of the adjudicator’s final decision and the award of costs against a party or a legally qualified representative.

Part 5 provides rules about the procedure for seeking permission to bring an appeal from a decision of the adjudicator to the High Court under section 111 of the Act.

A regulatory impact assessment is not provided for this instrument because no significant impact on the private sector, public sector, charities or voluntary sector is foreseen.