Entire Section

  • Directions

    • 41.

      The Hearing Panel may at any time after the commencement of proceedings, on the request of a party or of its own initiative, at a case conference, pre-hearing review or otherwise, give such directions as it thinks fit to enable the parties to prepare for the hearing and for the conduct of the proceedings, to assist the FMT to determine the issues and generally to ensure the just, expeditious and economical determination of the proceedings.

    • 42.

      In particular, the Hearing 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 the oral hearing;
      (b) dispensing with any requirement of Parts 2 and 3 of these Rules or requiring any additional pleadings or information;
      (c) for the preparation and exchange of skeleton arguments;
      (d) requiring persons to attend and give evidence or to produce documents, including electronic records and communications;
      (e) as to the evidence which may be required or admitted and the extent to which it shall be oral or written, including any matter on which the Hearing Panel has powers under Rules 54 and 55;
      (f) as to the submission in advance of a hearing of any witness statement or expert report;
      (g) as to the examination or cross-examination of any witness;
      (h) fixing time limits with respect to any aspect of the proceedings;
      (i) for the disclosure between, or the production by the parties of documents or classes of documents, including electronic records and communications;
      (j) for the appointment and instruction of experts, whether by the Hearing Panel or by the parties and the manner in which expert evidence is to be given;
      (k) for the award of costs and expenses, including any allowances payable to persons in connection with their attendance before the Hearing Panel;
      (l) for maintaining the confidentiality of information which the Hearing Panel has power to exclude under Rule 17 from any document recording a decision of the Hearing Panel.

    • 43.

      The Hearing Panel may:

      (a) put questions to the parties and witnesses;
      (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;
      (d) ask for documents or records relating to the proceedings to be produced;
      (e) require the parties or their representatives to attend meetings, whether in person or by video link or telephone conference.

    • 44.

      A request by a party for directions shall be made in writing as soon as practicable and shall be filed with the Registrar and sent to every other party who might be affected by such directions, and the request shall be determined by the Hearing Panel taking into account the observations of the parties.