Office of Public Sector Information

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend the Adjudicator to Her Majesty’s Land Registry (Practice and Procedure) Rules 2003 (S.I. 2003/2171), which came into force on 13th October 2003.

The amendments have effect as follows:

Disclosure of documents

Rules 5(a)(i) and (b), 15(b), 17(a), 18, 22(c) and 28 insert and apply a new definition of “document” which covers information in all formats (for instance, electronic files and data). Rules 8, 9, 10(b) and (c), 11(b) and (c), 13(b) and (c) and 16(b) and (c)(iii) reduce the disclosure requirements when serving statements of case (and equivalent documents) to require only those documents which are central to a party’s case or are required to understand a statement of case. Rules 17(b) and 27 set up a new disclosure process which takes place following completion of the statement of case stage of the proceedings.

Statements of truth

Rules 5(a)(ii) and (iv), 10(a), 11(a) and 13(a) create a new requirement that witness statements, statements of case and similar documents be verified by a statement of truth.

Orders putting into effect court decisions

Rules 5(a)(iii), 6, 7 and 23 permit an adjudicator to make an additional order before closing the proceedings (or the relevant part of them) where a question has been referred to court and the court has made a substantive decision on part or all of the reference. The adjudicator’s order must be consistent with the court order, necessary to put the court order into effect and within the normal powers of the adjudicator.

Service of documents by parties

Rules 12, 16(a) and 30(a), (b) and (c) enable the adjudicator to direct a party (rather than the adjudicator) to serve documents which the party produces (for example statements of case and applications). Rule 29 enables documents to be served by document exchange on parties which have a document exchange box number, without any need for formal consent by the party.

Other rules relating to directions

Rule 14 permits the adjudicator to make directions for case management conferences and pre-hearing reviews. Rules 15(a) and 22(b) changes the requirement to include a statement in directions and orders of the possible consequences of a failure to comply to an option to do so. Rule 16(c)(i) and (ii) permits the adjudicator to make directions relating to the addition or substitution of parties at any time after the addition or substitution.

Replacement of the Council on Tribunals by the Administrative Justice and Tribunals Council

Rule 19 changes references to the Council on Tribunals to the Administrative Justice and Tribunals Council. Rule 21 deletes the entitlement of a member of the Council on Tribunals to attend any hearing of the adjudicator. An equivalent entitlement has been established by paragraph 22 of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007(4).

Summary disposal

Rules 20 and 30(d) permit the adjudicator to dispose summarily of proceedings or an issue within a set of proceedings.

Sealing of orders

Rules 22(a), 24(e)(ii), 25 and 26 replace the requirement for orders to be signed by the adjudicator with a requirement that orders be sealed and state the name of the person making them.

Costs

Rule 24(a) and (b) permits the adjudicator to take into account the conduct of the parties before the commencement of proceedings by rectification application as well as during such proceedings. Rule 24(c), (d) and (e)(i) increases the range of types of costs order which are expressly available to be made by the adjudicator. Rule 24(f) corrects an error by providing for doubt to be resolved in favour of the receiving (rather than the paying) party when assessing costs on the indemnity basis.