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Statutory Instruments

2008 No. 2686 (L. 14)

Tribunals And Inquiries, England And Wales

The Tribunal Procedure (First-tier Tribunal) (War Pensions and Armed Forces Compensation Chamber) Rules 2008

Made

9th October 2008

Laid before Parliament

15th October 2008

Coming into force

3rd November 2008

Contents

Go to Preamble

  1. PART 1

    Introduction

    1. 1. Citation, commencement, application and interpretation

    2. 2. Overriding objective and parties’ obligation to co-operate with the Tribunal

    3. 3. Alternative dispute resolution and arbitration

  2. PART 2

    General powers and provisions

    1. 4. Delegation to staff

    2. 5. Case management powers

    3. 6. Procedure for applying for and giving directions

    4. 7. Failure to comply with rules etc.

    5. 8. Striking out a party’s case

    6. 9. Substitution and addition of parties

    7. 10. No power to award costs

    8. 11. Representatives

    9. 12. Calculating time

    10. 13. Sending and delivery of documents

    11. 14. Use of documents and information

    12. 15. Evidence and submissions

    13. 16. Summoning of witnesses and orders to answer questions or produce documents

    14. 17. Withdrawal

    15. 18. Lead cases

    16. 19. Transfer of cases

    17. 20. Expenses

  3. PART 3

    Proceedings before the Tribunal

    1. CHAPTER 1

      Before the hearing

      1. 21. Notice of appeal

      2. 22. Lapse of cases

      3. 23. Responses and replies

      4. 24. Medical examinations and commissioning of medical evidence etc.

    2. CHAPTER 2

      Hearings

      1. 25. Decision with or without a hearing

      2. 26. Entitlement to attend a hearing

      3. 27. Notice of hearings

      4. 28. Public and private hearings

      5. 29. Hearings in a party’s absence

    3. CHAPTER 3

      Decisions

      1. 30. Consent orders

      2. 31. Notice of decisions

      3. 32. Reasons for decisions

  4. PART 4

    Correcting, setting aside, reviewing and appealing Tribunal decisions

    1. 33. Interpretation

    2. 34. Clerical mistakes and accidental slips or omissions

    3. 35. Setting aside a decision which disposes of proceedings

    4. 36. Application for permission to appeal

    5. 37. Tribunal’s consideration of application for permission to appeal

    6. 38. Review of a decision

    7. 39. Power to treat an application as a different type of application

Go to Explanatory Note

After consulting in accordance with paragraph 28(1) of Schedule 5 to the Tribunals, Courts and Enforcement Act 2007(1), the Tribunal Procedure Committee has made the following Rules in exercise of the powers conferred by sections 9(3), 22 and 29(3) of, and Schedule 5 to, the Tribunals, Courts and Enforcement Act 2007.

The Lord Chancellor has allowed the Rules in accordance with paragraph 28(3) of Schedule 5 to the Tribunals, Courts and Enforcement Act 2007.

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