The Copyright Tribunal Rules 2010

Directions

20.—(1) The Tribunal may at any time, on the request of a party or of its own initiative, at a case management conference, pre-hearing review, on an application for appeal or otherwise, give such directions as are provided for in paragraph (2) below or such other directions as it thinks fit to secure the just, expeditious and economical conduct of the proceedings.

(2) Where a party requests directions in accordance with paragraph (1) the request must be accompanied by the relevant fee.

(3) The Tribunal may give directions—

(a) as to the manner in which the proceedings are to be conducted, including any time limits to be observed in the conduct of an oral hearing;

(b) that the parties file a reply, rejoinder or other additional statements or particulars;

(c) that part of any of the proceedings be dealt with as a preliminary issue;

(d) that any part of the application, response or intervention be struck out;

(e) for the dismissal of the proceedings;

(f) to stay or, where the proceedings are in Scotland, to sist the whole or part of any proceedings or order or decision of the Tribunal either generally or until after a specified date;

(g) for the preparation and exchange of skeleton arguments;

(h) in relation to proceedings in England and Wales or Northern Ireland, requiring persons to attend and give evidence or to produce documents(1);

(i) as to the evidence which may be required or admitted in proceedings before the Tribunal and the extent to which it shall be oral or written;

(j) as to the submission in advance of a hearing of any witness statements or expert reports;

(k) as to the cross-examination of witnesses;

(l) as to the fixing of time limits with respect to any aspect of the proceedings;

(m) as to the abridgement or extension of any time limits, whether or not expired;

(n) for the disclosure between, or the production by, the parties of documents or classes of documents;

(o) for the appointment and instruction of experts, whether by the Tribunal or by the parties and the manner in which expert evidence is to be given;

(p) as to the use or further disclosure of a document which has been disclosed in the proceedings, whether or not it has been read to or by the Chairman or Tribunal or referred to at a hearing which has been held in public;

(q) for the award of costs; and

(r) for hearing a person who is not a party where, in any proceedings, it is proposed to make an order or give a direction in relation to that person.

(4) The Tribunal may, in particular, of its own initiative—

(a) put questions to the parties;

(b) invite the parties to make written or oral submissions on certain aspects of the proceedings;

(c) ask the parties or other persons for information or particulars;

(d) ask for documents or any papers relating to the case to be produced;

(e) summon the parties’ representatives or the parties in person to meetings.

(5) A request by a party for directions shall be made in writing as soon as practicable and shall be served by the Secretary on any other party who might be affected by such directions and determined by the Tribunal taking into account the observations of the parties.

(1)

Section 151(3) of the Act applies to proceedings in Scotland.