The Lands Tribunal Rules 1996

PART III Appeals

Notice of appeal

6.—(1) An appeal to the Lands Tribunal shall be made by sending to the registrar a written notice indicating an intention to appeal so that it is received by the registrar within 28 days from the date of the decision appealed against (“the disputed decision”), or within such other time as is prescribed by the enactment conferring the right to appeal.

(2) Where the notice referred to in paragraph (1) does not conform with the requirements set out in paragraph (3), the appellant shall, within such time as the registrar may direct, send to the registrar a notice which does so conform.

(3) The notice of appeal shall state that it is a notice of appeal and shall contain—

(a) the name and address of the appellant;

(b) the date and any reference number of the disputed decision and the name and address of the Authority;

(c) the grounds of appeal;

(d) where the appellant is represented, the name, address and profession of the representative; and

(e) the signature of the appellant or his representative and the date the notice was signed.

(4) The appellant shall attach to the notice of appeal a copy of the disputed decision and, where the appeal relates to a rating appeal, a copy of the proposal or determination that was the subject of the proceedings which led to the disputed decision.

(5) The appellant shall deliver or send the notice of appeal to the Lands Tribunal together with sufficient copies for service upon each of the parties to the proceedings which led to the disputed decision and upon the authority, and where appropriate, the valuation officer.

(6) Upon receiving a notice of appeal the registrar shall—

(a) enter particulars of the appeal in the Registrar of Appeals;

(b) serve a copy of the notice on the parties to the proceedings which led to the disputed decision other than the appellant, on the authority and, where applicable, on the valuation officer and inform the appellant of the date on which this was done; and

(c) inform the appellant and all persons on whom a copy of the notice of appeal is served of the number of the appeal entered on the Register which shall constitute the title of the appeal.

Notice of intention to respond

7.—(1) If a person on whom a copy of the notice of appeal is served intends to respond, he shall give written notice of his intention, signed and dated, stating—

(a) whether he intends to respond separately or jointly with some other person;

(b) the grounds on which he opposes the appeal; and

(c) an address for service of notices and other documents on him.

(2) The notice of intention to respond shall be served on the registrar and the appellant within 28 days of the date of service of the copy of the notice of appeal.

(3) Where the registrar receives more than one notice of intention to respond, he shall serve a copy of each such notice on all parties other than the appellant.

Statement of case

8.—(1) A person giving notice of intention to respond is, in this rule, called a “respondent”.

(2) Within 28 days of service of a notice of intention to respond, the appellant shall serve on the respondent from whom it is received, a statement of his case, including full particulars of the facts relied upon and any points of law on which he intends to rely at the hearing.

(3) Within 28 days of service of the appellant’s statement, a respondent shall serve on the appellant a reply stating his case including full particulars of the facts relied upon and any points of law on which he intends to rely at the hearing.

(4) Where a party receives from the registrar a copy of a notice of intention to respond from another party in accordance with rule 7(3), he shall, within 28 days of service of such notice on him, send to that other party a copy of the reply referred to in paragraph (3).

(5) Where a party serves a statement or reply in accordance with paragraphs (2) or (3), he shall at the same time send a copy to the registrar with confirmation that the statement or reply has been served in accordance with this rule.

(6) A statement or reply served in accordance with this rule shall be accompanied by—

(a) every valuation which the party proposes to put in evidence (which shall include all particulars and computations in support of the valuation), or a statement of the value or values which the parties have agreed, and

(b) either—

(i) full particulars of any comparable properties and transactions to which the party intends to refer at the hearing in support of his case and a statement of the purpose for which the comparison is made; or

(ii) a statement that no comparable properties or transactions will be referred to.

(7) If at the hearing of an appeal a party seeks to rely upon any valuation or other document which appears to the Tribunal not to have been served in accordance with this rule, it may adjourn the hearing on such terms as to costs or otherwise as it thinks fit.