PART 3Applications

Certification of a case to answer6

1

An application made under Rule 5 shall be considered by a solicitor member, who shall certify whether there is a case to answer.

2

Paragraph (3) applies if—

a

the solicitor member is minded not to certify that there is a case to answer; or

b

in his opinion, the case is one of doubt or difficulty.

3

If this paragraph applies, the application shall be considered by a panel of three members of the Tribunal, at least one of whom shall be a solicitor member and one a Lay member.

4

If a solicitor member or a panel decides not to certify that a case to answer is established in accordance with this rule, the application shall be dismissed without formal order unless any party to the proceedings requires otherwise.

5

If it is certified that there is a case to answer, a clerk shall serve the application, the Statement and any documents exhibited with them on each respondent in accordance with rule 10.