The Claims Management Services Tribunal Rules 2007

Regulator’s statement of case

5.—(1) The Regulator must file a written statement (“a statement of case”) in support of the Regulator’s decision.

(2) A statement of case under paragraph (1) must be received by the Tribunal no later than 28 days beginning on the day after the Regulator received the information sent by the secretary in accordance with rule 4(12)(b).

(3) The statement of case must—

(a) specify the regulations upon which the Regulator’s decision is based;

(b) specify the reasons for the Regulator’s decision;

(c) set out all the matters and facts relied upon to support the Regulator’s decision;

(d) specify the name of a contact person;

(e) contain the signature, which may be by email, of any person authorised by the Regulator; and

(f) specify the date on which the statement of case is filed.

(4) The statement of case must be accompanied by—

(a) a list of—

(i) the documents relied on in support of the Regulator’s decision; and

(ii) any additional material which in the opinion of the Regulator might undermine his decision or adversely affect his case or support the appellant’s case; and

(b) a copy of the Regulator’s decision if not filed by the appellant under rule 4(5).

(5) At the same time as he files the statement of case, the Regulator must send to the appellant a copy of the statement of case and a copy of the list referred to in paragraph (4)(a).

(6) If at any time the Regulator is permitted to amend the statement of case in accordance with rule 12(f), he must—

(a) file the amended statement of case; and

(b) at the same time, send a copy of the amended statement of case to the appellant.

(7) The Regulator may include an application for directions with the statement of case (including with a statement of case that has been amended in accordance with rule 12(f)).