Office of Public Sector Information
15.—(1) An appeal must be made by way of a notice of appeal signed, dated and filed by the appellant.
(2) Subject to paragraph (3) a notice of appeal must be filed not later than 28 days after the date on which the appellant receives notification of the Regulator’s decision.
(3) An appellant may request a direction under rule 3 (directions) to allow the appeal to be made later than the time limit under paragraph (2).
(4) The notice of appeal must state—
(a) the name and address of the appellant;
(b) the name and address of the appellant’s representative (if any);
(c) an address for service;
(d) whether the notice of appeal concerns the bringing of an appeal under—
(i) the 1974 Act; or
(ii) the 2007 Regulations;
(e) the grounds upon which the appeal should be granted in the appellant’s favour; and
(f) the remedy sought by the appellant.
(5) The appeal notice must be accompanied by a list of all of the documents the appellant relies on in support of the appeal.
(6) In paragraph (4)(a), “address” in respect of—
(a) a company means the address of the registered or principal office;
(b) a partnership means the address of the principal or last known place of business of the firm.
(7) Where a representative, other than a legal representative, is named under paragraph (4)(b) and the appeal notice is signed by that representative on behalf of the appellant, a statement that the representative is authorised to act on the appellant’s behalf must be—
(a) filed with the appeal notice; and
(b) signed by the appellant or where the appellant is not an individual, by an individual authorised by the appellant (not being the representative under paragraph (4)(b)).
(8) Unless it is not possible, a copy of the decision being appealed must be filed with the notice of appeal.
(9) The appellant may include a request for directions under rule 3 (directions) with the notice of appeal.
(10) At the same time as filing the notice of appeal, the appellant must serve a copy of that notice and any accompanying documents, including any request for directions (unless rule 5(4) applies), on the Regulator.
(11) The Tribunal must—
(a) in accordance with rule 14 enter the particulars of the appeal in the register;
(b) inform the parties in writing that a notice of appeal has been received; and
(c) inform the parties in writing of any determination made in relation to a request for a direction.
16.—(1) The Regulator must file a statement of case in accordance with this rule.
(2) The Regulator must file a statement of case no later than 28 days after the date on which the Regulator receives the information from the Tribunal in accordance with rule 15(11)(b).
(3) The Regulator may request a direction under rule 3 (directions) to allow the statement of case to be filed later than the time limit under paragraph (2).
(4) The statement of case must—
(a) indicate whether the Regulator considers that the appeal should be allowed or refused and provide reasons;
(b) indicate whether the Regulator intends to take an active part in the proceedings;
(c) specify the name and address of the Regulator’s representative (if any);
(d) identify an address for service and an individual contact at that address;
(e) be signed by a person authorised by the Regulator.
(5) The statement of case must be accompanied by—
(a) a list of the documents relied on by the Regulator; and
(b) a copy of the Regulator’s decision if not filed by the appellant under rule 15(8) (notice of appeal).
(6) The Regulator may include a request for directions with the statement of case.
(7) At the same time as the Regulator files the statement of case, the Regulator must serve on an appellant a copy of the statement of case and any document accompanying the statement of case, including any request for directions (unless rule 5(4) applies).
(8) The Tribunal must inform the parties in writing of any determination made in relation to a request for a direction.
17.—(1) Unless the Tribunal otherwise directs, the Tribunal must give the parties not less than 28 days notice of the time and place of the hearing of the appeal.
(2) Before fixing the time and place of a hearing under paragraph (1), the Tribunal must consider—
(a) whether the appeal should be dealt with as a matter of urgency; and
(b) the ability of the appellant, and any witness, to prepare for and attend a hearing which is to take place at short notice.
18. The Tribunal may determine an appeal or any particular issue without an oral hearing if—
(a) the parties agree in writing; or
(b) the issue concerns a request for directions.
19.—(1) The appellant may withdraw the appeal—
(a) without the Tribunal’s permission at any time before the hearing of the appeal, by filing a notice in writing to that effect; or
(b) with the Tribunal’s permission at the hearing of the appeal.
(2) The Tribunal must dismiss any appeal that is withdrawn under paragraph (1)(a) or that is withdrawn with the Tribunal’s permission under paragraph (1)(b).
(3) The Regulator may state that it does not oppose the appeal or that it is withdrawing its opposition to it—
(a) without the Tribunal’s permission at any time before the hearing of the appeal, by filing a notice to that effect; or
(b) with the Tribunal’s permission at the hearing of the appeal.
(4) The Tribunal must allow the appeal where the Regulator states that it does not oppose it or that the Regulator is withdrawing its opposition to it under paragraph (3)(a) or that the Regulator is, with the Tribunal’s permission under paragraph (3)(b), not opposing it or is withdrawing its opposition to it.
(5) An appellant who withdraws an appeal must obtain the permission of the Tribunal to make another appeal against the same decision of the Regulator.
20.—(1) In this rule, “hearing” means any oral hearing under these Rules except for a directions hearing that takes place without notice to the other party under rule 5(4) (disclosure).
(2) Subject to the following paragraphs of this rule, all hearings must be in public.
(3) The Tribunal may upon the request of a party or of the Tribunal’s own initiative direct that all or part of a hearing is to be in private if—
(a) the Tribunal is satisfied that a hearing in private is necessary in the circumstances; and
(b) it is in the interests of justice.
(4) Before making a direction under paragraph (3), the Tribunal must give a party or the parties as the case may be, an opportunity to make representations.
(5) Before giving a direction under paragraph (3) that all of a hearing should be in private, the Tribunal must consider whether it is only necessary that part of the hearing should be in private.
(6) Where a hearing is in private, the Tribunal may direct that any particular individual be—
(a) excluded from that hearing; or
(b) permitted to attend that hearing.
(7) Subject to any direction under paragraph (8), the Tribunal must allow for the public inspection of—
(a) a daily list of all hearings; and
(b) information about the time and place fixed for hearings.
(8) Where all or part of a hearing is held or is to be held in private, the Tribunal may direct that information about the whole or the relevant part of the proceedings (including information that might help to identify any person) must not be made public.
(9) Where a direction is given under paragraph (8), the Tribunal must state what information is to be withheld or removed from the register.
21.—(1) Subject to paragraph (2), the parties may appear at a hearing and may be assisted or represented by any person, whether or not that person is a legal representative.
(2) If the Tribunal is satisfied that there are good and sufficient reasons for doing so, it may refuse to permit a person to assist or represent a party at a hearing.
22. Where a hearing of an appeal is adjourned, the Tribunal must fix a new hearing date as soon as is practicable to do so.
23.—(1) Subject to these Rules, the Tribunal may regulate its own procedure.
(2) Subject to any directions by the Tribunal, the parties may—
(a) give evidence;
(b) present witness evidence;
(c) make a request under rule 3 (directions) to present expert evidence;
(d) question any witness; and
(e) address the Tribunal on the evidence, and generally on the subject matter of the appeal.
(3) Evidence may be admitted by the Tribunal—
(a) whether or not it would be admissible in a civil trial in the jurisdiction in which the appeal is being determined; or
(b) whether or not it was available to either of the parties when the Regulator’s decision was made.
(4) If the Tribunal considers it is in the interests of justice, the Tribunal may allow a party to amend a notice of appeal or a statement of case.
(5) The Tribunal may exclude from the whole or part of any hearing any person whose conduct, in the opinion of the Tribunal, is likely to disrupt the hearing.
24.—(1) If a party fails to attend or be represented at any hearing the Tribunal must adjourn the hearing unless paragraph (2) applies.
(2) The Tribunal may proceed with the hearing and reach a substantive decision if the Tribunal is satisfied that the party received notification of the hearing and no good reason has been given for the party’s absence.
(3) Where a party can subsequently show sufficient reason for not attending or being represented at a hearing which the Tribunal proceeded in the party’s absence, that party may request the Tribunal’s permission to have the hearing re-opened.
25.—(1) The Tribunal must publish its decisions except where the Tribunal is satisfied, on the application of a party or of its own initiative, that it is necessary to impose restrictions on publication.
(2) Before imposing restrictions on publication under paragraph (1) the Tribunal must invite the parties to make representations.
(3) If the Tribunal decides that a restriction on publication is necessary the Tribunal may take any appropriate steps, including any one or more of the steps specified in paragraph (5).
(4) Any step taken under paragraph (3) must be taken with a view to ensuring the minimum restriction on publication that is consistent with the need for the restriction.
(5) The specified steps that may be taken by the Tribunal under paragraph (3) are—
(a) anonymising the decision;
(b) editing the text of the decision; and
(c) declining to publish the whole or part of the decision.
26.—(1) The Tribunal must as soon as practicable—
(a) whether there has been an oral hearing or not, serve notification of a decision and the reasons for reaching it on each of the parties to the appeal; and
(b) subject to any steps taken under rules 20 (public or private hearing) or 25 (restrictions on publication) to restrict publication of a decision, enter into the register the decision and the reasons for reaching the decision.
(2) Every notification under paragraph (1)(a) must be accompanied by a notification of—
(a) any relevant provision of the 1974 Act or the 2007 Regulations relating to appeals from the Tribunal; and
(b) the time and the manner in which an application for permission to appeal may be made.
27.—(1) If the Tribunal is satisfied that a decision disposing of the appeal was wrongly made because of an administrative error by Tribunal staff, the Tribunal may at the request of a party or of the Tribunal’s own initiative, review the decision.
(2) No review under paragraph (1) shall take place unless either—
(a) the application for review is made not later than 14 days after the date that notification of the decision that is subject to review is received; or
(b) the Tribunal notified the parties of its intention to review a decision not later than 14 days after the decision was made.
(3) When the Tribunal reviews a decision under paragraph (1) it may set aside that decision if the Tribunal considers that it is necessary in the interests of justice.
(4) The Tribunal must not set aside a decision under paragraph (3) without giving the parties an opportunity to make representations.
(5) If after completion of any review the Tribunal sets aside the decision, the Tribunal must—
(a) substitute such decision as it thinks fit; or
(b) order a re-hearing before either the same or a differently constituted Tribunal;
(c) make such correction as may be necessary in the register; and
(d) serve a copy of an entry so corrected under paragraph (c) on each party.
(6) The Tribunal must notify the parties in writing of the Tribunal’s decision following a review under this rule.
The Consumer Credit Appeals Tribunal Rules 2008