The Competition Appeal Tribunal Rules 2003
| Jurisdiction | UK Non-devolved |
| Citation | SI 2003/1372 |
2003 No. 1372
COMPETITION
The Competition Appeal Tribunal Rules 2003
Made 23th May 2003
Laid before Parliament 27th May 2003
Coming into force 20th June 2003
The Secretary of State, after consultation with the President of the Competition Appeal Tribunal and such other persons as she considers appropriate in accordance with section 15(1) of the Enterprise Act 20021, and after consultation with the Council on Tribunals in accordance with section 8(1) of the Tribunals and Inquiries Act 19922, in exercise of the powers conferred by section 15 of and Part 2 of Schedule 4 to the Enterprise Act 2002, hereby makes the following rules:
PART I
INTRODUCTION
Citation and commencement
1. These rules may be cited as the Competition Appeal Tribunal Rules 2003 and shall come into force on 20th June 2003.
Interpretation
2. In these rules—
“a chairman” means any member of the panel of chairmen;
“the chairman” means the chairman of the Tribunal as constituted for particular proceedings;
“the Competition Service” means the body corporate established by section 13 of the Enterprise Act 2002;
“damages” means any sum which may be claimed under section 47A of the 1998 Act3;
“the Registrar” means the person appointed to be Registrar of the Tribunal;
“the 1998 Act” means the Competition Act 19984;
“the 2002 Act” means the Enterprise Act 2002.
Application of rules
3. Unless the context otherwise requires—
(a) Parts I and V of these rules apply to all proceedings before the Tribunal;
(b) Part II of these rules applies to all proceedings before the Tribunal save as otherwise provided in Part III (proceedings under the 2002 Act) or Part IV (claims for damages);
(c) Part III of these rules applies to proceedings for a review or an appeal against penalties under the 2002 Act;
(d) Part IV of these rules applies to claims for damages.
The Registrar
4.—(1) Any person appointed to be the Registrar under section 12(3) of the 2002 Act must—
(a)
(a) have a seven year general qualification within the meaning of section 71 of the Courts and Legal Services Act 19905, or
(b)
(b) be an advocate or solicitor in Scotland of at least seven years' standing, or
(c)
(c) be—
(i) a member of the Bar of Northern Ireland of at least seven years' standing, or
(ii) a solicitor of the Supreme Court of Northern Ireland of at least seven years' standing.
(2) The Registrar shall act in accordance with the instructions of the President and shall, in particular, be responsible for—
(a)
(a) the establishment and maintenance of a register in which all pleadings and supporting documents and all orders and decisions of the Tribunal shall be registered;
(b)
(b) the acceptance, transmission, service and custody of documents in accordance with these rules;
(c)
(c) the enforcement of decisions of the Tribunal pursuant to paragraphs 4 and 5 of Schedule 4 to the 2002 Act;
(d)
(d) certifying that any order, direction or decision is an order, direction or decision of the Tribunal, the President or a chairman, as the case may be.
(3) With the authorisation of the President, the Registrar may consider and dispose of interlocutory matters in accordance with rule 62(3).
(4) A party may within 5 days of any exercise by the Registrar of his functions pursuant to paragraph (3) of this rule request in writing that the exercise of such functions be reviewed by the President. The President may determine the matter acting alone or refer the matter to a chairman or to the Tribunal.
(5) Any administrative function of the Registrar may be performed on his behalf by any member of staff of the Competition Service whom the President may authorise for the purpose.
Tribunal address for service
5. The address for service of documents on the Tribunal (referred to in these rules as “the Tribunal address for service”) is: The Registrar of the Competition Appeal Tribunal, New Court, 48 Carey Street, London WC2A 3BZ or such other address as may be notified in the London, Edinburgh and Belfast Gazettes and on the Tribunal Website.
Tribunal Website
6. The location of the Tribunal Website is: www.catribunal.org.uk or such other location as may be notified from time to time in such manner as the President may direct.
Representation
7. In proceedings before the Tribunal, a party may be represented by—
(a) a qualified lawyer having a right of audience before a court in the United Kingdom; or
(b) by any other person allowed by the Tribunal to appear on his behalf.
PART II
APPEALS
COMMENCING APPEAL PROCEEDINGS
Time and manner of commencing appeals
8.—(1) An appeal to the Tribunal must be made by sending a notice of appeal to the Registrar so that it is received within two months of the date upon which the appellant was notified of the disputed decision or the date of publication of the decision, whichever is the earlier.
(2) The Tribunal may not extend the time limit provided under paragraph (1) unless it is satisfied that the circumstances are exceptional.
(3) The notice of appeal shall state—
(a)
(a) the name and address of the appellant;
(b)
(b) the name and address of the appellant’s legal representative, if appropriate;
(c)
(c) an address for service in the United Kingdom; and
(d)
(d) the name and address of the respondent to the proceedings,
and shall be signed and dated by the appellant, or on his behalf by his duly authorised officer or his legal representative.
(4) The notice of appeal shall contain—
(a)
(a) a concise statement of the facts;
(b)
(b) a summary of the grounds for contesting the decision, identifying in particular:
(i) under which statutory provision the appeal is brought;
(ii) to what extent (if any) the appellant contends that the disputed decision was based on an error of fact or was wrong in law;
(iii) to what extent (if any) the appellant is appealing against the respondent’s exercise of his discretion in making the disputed decision;
(c)
(c) a succinct presentation of the arguments supporting each of the grounds of appeal;
(d)
(d) the relief sought by the appellant, and any directions sought pursuant to rule 19; and
(e)
(e) a schedule listing all the documents annexed to the notice of appeal.
(5) The notice of appeal may contain observations on the question in which part of the United Kingdom the proceedings of the Tribunal are to be treated as taking place for all or for any purposes of those proceedings.
(6) There shall be annexed to the notice of appeal—
(a)
(a) a copy of the disputed decision; and
(b)
(b) as far as practicable a copy of every document on which the appellant relies including the written statements of all witnesses of fact, or expert witnesses, if any.
(7) Unless the Tribunal otherwise directs the signed original of the notice of appeal (and its annexes) must be accompanied by ten copies certified by the appellant or his legal representative as conforming to the original.
Defective notices of appeal
9.—(1) If the Tribunal considers that a notice of appeal does not comply with rule 8, or is materially incomplete, or is unduly prolix or lacking in clarity, the Tribunal may give such directions as may be necessary to ensure that those defects are remedied.
(2) The Tribunal may, if satisfied that the efficient conduct of the proceedings so requires, instruct the Registrar to defer service of the notice of appeal on the respondent until after the directions referred to in paragraph (1) have been complied with.
Power to reject
10.—(1) The Tribunal may, after giving the parties an opportunity to be heard, reject an appeal in whole or in part at any stage in the proceedings if—
(a)
(a) it considers that the notice of appeal discloses no valid ground of appeal;
(b)
(b) it considers that the appellant does not have (or represent those who have) a sufficient interest in the decision in respect of which the appeal is made;
(c)
(c) it is satisfied that the appellant has habitually and persistently and without any reasonable ground—
(i) instituted vexatious proceedings, whether against the same person or different persons; or
(ii) made vexatious applications in any proceedings; or
(d)
(d) the appellant fails to comply with any rule, direction, practice direction or order of the Tribunal.
(2) When the Tribunal rejects an appeal it may make any consequential order it considers appropriate.
Amendment
11.—(1) The appellant may amend the notice of appeal only with the permission of the Tribunal.
(2) Where the Tribunal grants permission under paragraph (1) it may do so on such terms as it thinks fit, and shall give such further or consequential directions as may be necessary.
(3) The Tribunal shall not grant permission to amend in order to add a new ground for contesting the decision unless—
(a)
(a) such ground is based on matters of law or fact which have come to light since the appeal was made; or
(b)
(b) it was not practicable to include such ground in the notice of appeal; or
(c)
(c) the circumstances are exceptional.
Withdrawal of the appeal
12.—(1) The appellant may withdraw his appeal only with the permission of the Tribunal, or if the case has not yet proceeded to a hearing, the President.
(2) Where the Tribunal gives permission under paragraph (1) it may—
(a)
(a) do so on such terms as it thinks fit; and
(b)
(b) instruct the Registrar to publish notice of the withdrawal on the Tribunal website or in such other manner as the Tribunal may direct.
(3) Where an appeal is withdrawn—
(a)
(a) any interim order of the Tribunal, other than an order made in respect of costs, shall immediately cease to have...
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