The Charity Tribunal Rules 2008

Directions

3.—(1) The Tribunal may at any time give directions to—

(a) enable the parties to prepare for the hearing of the appeal or the application;

(b) assist the Tribunal to determine the issues; and

(c) ensure the just, expeditious and economical determination of the appeal or the application.

(2) The Tribunal may give directions—

(a) at the request of any party; or

(b) of its own initiative.

(3) Where the Tribunal gives a direction of its own initiative, it may (but need not) give prior notice to the parties of its intention to do so.

(4) Any request for directions must include the reasons for making that request.

(5) A request for directions must be filed except where it is made during the course of a hearing.

(6) The party making the request must at the same time send a copy of that request to any other party except where—

(a) the request is accompanied by the written consent of all the parties;

(b) the request is made during a hearing; or

(c) the request is made under rule 15(2) (exceptions to disclosure).

(7) Where the Tribunal instructs 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) Directions may be given in writing or orally at a hearing.

(9) When a direction is given orally at a hearing the Tribunal must send a copy of the direction to any party as soon as may be practicable after the direction has been announced by the Tribunal.

(10) When a direction is given under these Rules containing a requirement—

(a) it must include a statement of the possible consequences, as set out in rule 6 (failure to comply), of a party’s failure to comply with the requirement; and

(b) it may specify a time limit for complying with the requirement.

(11) When a direction is given under these Rules which affects a party or a witness, that party or witness may apply to the Tribunal showing good cause why the direction should be varied or set aside.

(12) The Tribunal may, of the Tribunal’s own initiative, vary or set aside any direction given under these Rules.

(13) The Tribunal must not vary or set aside a direction without first giving the party who requested the direction an opportunity to oppose that action.