Faculty Jurisdiction Rules 1992

Disposal of Proceedings by Written Representation

25.—(1) Except in any case in which the chancellor is required to hear evidence in open court under section 17(4) of the Measure, the chancellor, if he considers it expedient to do so and is satisfied that all the parties to the proceedings have agreed in writing, may order that the proceedings shall be determined upon consideration of written representations instead of by a hearing in court.

(2) Where an order has been made by the chancellor under paragraph (1) above the registrar shall give notice

(a) that the petitioners shall lodge at the registry and serve on each of the parties opponent within twenty-one days of the direction a written statement in support of their case including the documentary or other evidence upon which they wish to rely;

(b) that each of the parties opponent shall not more than twenty-one days after the lodging of the petitioners' statement lodge at the registry and serve on the petitioners a written statement in reply to the petitioners' statement and in support of his case including any documentary or other evidence upon which he wishes to rely;

(c) that the petitioners may not more than fourteen days after the lodging of the statement of an opposing party lodge at the registry and serve on such opposing party a written statement in response thereto.

(3) If any party does not comply with any such direction, the chancellor may declare him to be in default and may thereafter proceed to dispose of the case without any further reference to such party.

(4) Any party against whom an order declaring him to be in default is made may at any time apply to the court to revoke that order, and the chancellor may in his discretion revoke the order on such terms as to costs or otherwise as may be just.

(5) Notwithstanding the existence of an order that the proceeding shall be dealt with by written representations, the chancellor may if he thinks fit at any stage revoke the order and direct that the proceedings shall be determined at an oral hearing and he shall thereupon give directions for the future conduct of the proceedings.

(6) If no order has been made under paragraph (5), the chancellor shall determine the proceedings upon the pleadings and the written statements and evidence submitted to him under this rule, and his decision thereon shall be as valid and binding on all parties as if it had been made after an oral hearing.

(7) The chancellor or the registrar (if so authorised by the chancellor) may give such other directions as to him appear just and convenient for the expeditions despatch of proceedings under this rule.