The Space Industry (Appeals) Regulations 2021

Directions

14.—(1) The appeal panel must, before the expiry of the applicable period beginning with the day after the day on which the respondent’s notice was received by the secretary, direct—

(a) whether there is to be an oral hearing;

(b) if there is to be a hearing, what procedure is to be adopted in that hearing;

(c) if there is not going to be a hearing, what further evidence may be submitted to the appeal panel.

(2) Directions given under paragraph (1) must—

(a) permit each party to the appeal to appear in person or to be represented in any hearing held;

(b) ensure that each party to the appeal receives copies of evidence submitted to the appeal panel by another party and has the opportunity to respond to that evidence;

(c) permit a party to the appeal to participate in a hearing through a video link or by other means of remote communication;

(d) require parties to the appeal to produce copies of any documents included on the lists provided under regulations 11(8)(c), 13(4)(c) or 13(7)(b) to the appeal panel and to the other parties to the appeal;

(e) permit or require a party to provide other documents, information or evidence, or to make submissions to the appeal panel or to a party.

(3) If the appeal panel directs that there is to be an oral hearing of the appeal, the appeal panel must give not less than 14 days’ notice, ending with the day before the day on which the hearing is to be held, of the date, time and place of the hearing to all parties to the appeal.

(4) The appeal panel may, at any time, on the application of a party or of its own initiative, give such directions as are provided for in paragraph (5), or such other directions as it thinks fit, to secure that the proceedings are dealt with justly and at proportionate cost.

(5) The appeal panel 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 submit additional pleadings or particulars;

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

(d) requiring clarification of any matter in dispute, or additional information in relation to any such matter, within the time specified by the appeal panel;

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

(f) as to the examination or cross-examination of witnesses;

(g) for the submission of a list of issues;

(h) for the production of bundles for any hearing;

(i) as to the fixing of time limits with respect to any aspect of the hearing;

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

(k) that the whole or part of any proceedings, decision or determination be stayed either generally or until a specified date or event;

(l) for the production by a party or third party of documents or classes of documents;

(m) permitting information which is commercially sensitive to be produced in redacted form, or to be withheld;

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

(o) for the hearing of any issues as preliminary issues prior to the main substantive hearing;

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

(6) The appeal panel may also, 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 third parties for information or particulars;

(d) ask for documents relating to the case to be produced.

(7) An application by the parties for directions must—

(a) be made in writing as soon as possible,

(b) be supported by reasons,

(c) indicate whether it is agreed or contested by the other parties,

(d) be served on any other party who might be affected by such directions, and

(e) be determined by the appeal panel taking into account the observations of the parties.