The Consumer Credit Appeals Tribunal Rules 2008
| Jurisdiction | UK Non-devolved |
| Citation | SI 2008/668 |
| Year | 2008 |
2008 No. 668
Tribunals And Inquiries
The Consumer Credit Appeals Tribunal Rules 2008
Made 10th March 2008
Laid before Parliament 11th March 2008
Coming into force 6th April 2008
The Lord Chancellor makes the following Rules in exercise of the powers conferred on him by sections 40A(3), 41A(6) of, and paragraph 10 of Schedule A1 to, the Consumer Credit Act 19741, and after consultation with the Administrative Justice and Tribunals Council in accordance with section 8 of the Tribunals and Inquiries Act 19922.
PART 1
Introduction
Citation and commencement
1. These Rules may be cited as the Consumer Credit Appeals Tribunal Rules 2008 and come into force on 6th April 2008.
Interpretation
2.—(1) A reference in these Rules to a rule by number alone means the rule so numbered in these Rules.
(2) In these Rules—
“the 1974 Act” means the Consumer Credit Act 1974;
“the 2006 Act” means the Consumer Credit Act 20063;
“the 2007 Regulations” means the Money Laundering Regulations 20074;
“appeal” means an appeal to the Tribunal under section 41(1) of the 1974 Act or under regulation 44(2)(c) of the 2007 Regulations or, where the context requires, an appeal from the Tribunal to the Court of Appeal or the Court of Session;
“appellant” means a person who makes an appeal to the Tribunal;
“applicant” means a party who seeks permission to bring an appeal to the Court of Appeal or the Court of Session against a decision of the Tribunal;
“document” means anything in which information is recorded in any form, and an obligation under these Rules to provide or allow access to a document or a copy of a document for any purpose means, unless the Tribunal directs otherwise, an obligation to provide or allow access to such a document or copy in a legible form or in a form which can be readily made into a legible form;
“file” means send a document to the Tribunal so that the document is received by the Tribunal within any time limit specified by a direction or under these Rules;
“legal representative” means an authorised advocate or authorised litigator as defined by section 119(1) of the Courts and Legal Services Act 19905or any person who according to the law applicable to Scotland or to Northern Ireland has rights to conduct litigation on behalf of members of the public or has rights of audience;
“notice of appeal” means a notice filed under rule 15(1) (notice of appeal);
“panel of chairmen” has the meaning set out in paragraph 1 of Schedule A1 to the 1974 Act;
“party” means the appellant or the Regulator and “other party” shall be construed accordingly;
“register” means the register maintained in accordance with rule 14 (the register);
“Regulator” means the Office of Fair Trading established under section 1 of the Enterprise Act 20026;
“Regulator’s decision” means the determination referred to in section 41(1) of the 1974 Act or a decision of the Regulator under regulations 34 or 42 of the 2007 Regulations;
“serve” means send a document to a party so that the document is received by that party within any time limit specified by a direction or under these Rules;
“statement of case” means a statement filed by the Regulator under rule 16(1) (Regulator’s statement of case);
“Tribunal” means the Consumer Credit Appeals Tribunal established by section 40A(1) of the 1974 Act;
“working day” means any day except for Saturday, Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 19717.
(3) Unless the context requires otherwise, anything permitted or required by these Rules to be done by a party may be done by the representative of that party.
PART 2
General matters in appeals
Directions
3.—(1) The Tribunal may at any time give a direction to—
(a)
(a) deal with any request or application made under these Rules;
(b)
(b) enable the parties to prepare for any hearing;
(c)
(c) assist the Tribunal to determine the issues; and
(d)
(d) ensure the just, expeditious and economical determination of the appeal.
(2) The Tribunal may give a direction—
(a)
(a) at the request of any party; or
(b)
(b) of its own initiative.
(3) Where the Tribunal gives a direction of its own initiative under paragraph (2)(b), it may (but need not) give prior notice to the parties of its intention to do so.
(4) Any request for a direction must include the reasons for making that request.
(5) Unless the Tribunal directs otherwise or the request is made during the course of a hearing, a request for a direction must be in writing and filed.
(6) The party making the request must at the same time serve a copy of that request on the other party except where—
(a)
(a) the request is accompanied by the written consent of the other party;
(b)
(b) the request is made during a hearing; or
(c)
(c) the request is made under rule 5(4) (disclosure).
(7) Where the Tribunal directs that an oral hearing is to be held to consider a request under this rule, the Tribunal must give the parties not less than 14 days notice of the hearing unless the parties consent to shorter notice.
(8) A direction may be given in writing or orally at a hearing.
(9) When the Tribunal gives a direction under these Rules containing a requirement, the Tribunal—
(a)
(a) must include a statement of the possible consequences, as set out in rule 7 (failure to comply), of a party’s failure to comply with the requirement; and
(b)
(b) may specify a time limit for complying with the requirement.
(10) The Tribunal may, of the Tribunal’s own initiative or at the request of a party or a witness, vary or set aside any direction given under these Rules.
(11) The Tribunal must not vary or set aside a direction without first giving any party who requested the direction an opportunity to oppose that decision.
Consolidation of appeals
4. The Tribunal may direct that two or more appeals or any particular issue raised in the appeals, be consolidated or heard together.
Disclosure and inspection of documents
5.—(1) In this rule “relevant document” means a document which is or has been in a party’s possession or control and—
(a)
(a) is to be relied upon by that party in the proceedings;
(b)
(b) adversely affects that party’s own case;
(c)
(c) adversely affects another party’s case; or
(d)
(d) supports another party’s case.
(2) The Tribunal may give a direction that one or more parties must file and serve on any party a list of—
(a)
(a) all relevant documents; or
(b)
(b) relevant documents which relate to specified issues.
(3) A list required under these Rules must indicate—
(a)
(a) the documents in respect of which a right or duty to withhold inspection is claimed; and
(b)
(b) the documents that are no longer in the party’s possession or control, and their current location.
(4) A party may make a request under rule 3 (directions), without notice to the other party, to exclude a document from a list required under these Rules.
(5) The Tribunal may make such directions as are necessary to determine any matters that arise under this rule including a direction—
(a)
(a) for documents to be produced;
(b)
(b) for a hearing to be held; and
(c)
(c) inviting representations.
(6) Any party to whom a direction under paragraph (2) applies must, if a document to which the direction applies comes to the party’s attention at any time during the proceedings immediately notify the Tribunal of that document.
(7) Except where the matters in paragraph (8) apply, a party on whom a list has been served may inspect or take a copy of any document on that list on reasonable notice and at a reasonable time and place.
(8) The matters referred to in paragraph (7) are that the—
(a)
(a) document is no longer in the possession or control of the party who served the list; or
(b)
(b) party who served the list has a right or duty to withhold inspection of the document.
(9) Unless otherwise permitted by a direction, any document provided to the Tribunal or to a party under these Rules may only be used for the purpose of the proceedings in which it was disclosed.
(10) No person may be compelled to produce any document that they could not be compelled to produce on a trial of an action in a court of law in the part of the United Kingdom where the proceedings are due to be determined.
Powers of Tribunal to strike out
6.—(1) The Tribunal may, if it thinks fit order any appeal notice, statement of case or written representation to be struck out at any stage of the proceedings on the ground that it—
(a)
(a) discloses no reasonable grounds;
(b)
(b) is an abuse of the Tribunal’s process;
(c)
(c) is likely to obstruct the just disposal of proceedings; or
(d)
(d) is inordinately delayed.
(2) Before making any order under paragraph (1), the Tribunal must provide an opportunity for the party against whom it is proposed that the order should be made to make representations.
Failure to comply
7.—(1) In addition to any direction that the Tribunal thinks it is reasonable to make, the Tribunal may take one of the steps in paragraph (2) in respect of a party, where that party has, without reasonable excuse, failed to comply—
(a)
(a) with a direction given under these Rules; or
(b)
(b) with a provision of these Rules.
(2) The steps referred to in paragraph (1) are—
(a)
(a) where the party is the appellant, dismiss the whole or part of the appeal (or, if there is more than one appellant, that appellant’s appeal); and
(b)
(b) where the party is the Regulator, strike out the whole or part of the statement of case and, where appropriate, direct that the Regulator is to be barred from contesting the appeal.
(3) The Tribunal must not take any of the steps under this rule in respect of a party unless it has given that party an opportunity to make representations against the taking of any such steps.
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