Rule 24: the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013/1169: Subsequent applications related to lead case

(1) This rule applies where a decision has been given in a lead case in accordance with rule 23 and a subsequent application is made which includes any of the common or related issues.

(2) The Tribunal may send written notice to the parties to the subsequent application of:

(a) the matters which it appears to the Tribunal are the common or related issues in the subsequent application and the previously decided lead case;

(b) the decision recorded in respect of the common or related issues in the lead case;

(c) the Tribunal’s proposal to record its decision on the common or related issues in the subsequent application in materially identical terms to the decision in the lead case;

(d) the date (being not less than 21 days after the date that the notice was sent) by which any objection to this proposal must be received by the Tribunal; and

(e) a requirement that any objection must include the grounds on which it is made.

(3) Where no objection is received on or before the date specified in the notice—

(a) the Tribunal need not determine the matters mentioned in paragraph (2) (a); and

(b) the decision of the Tribunal in respect of the common or related issues in the lead case must be recorded as the decision of the Tribunal in respect of the common or related issues in the subsequent application.

(4) Where an objection is delivered to the Tribunal’s proposal on or before the date specified in the notice the Tribunal must determine the application in accordance with the other provisions of these Rules.

This is the rule dealing with cases which would have been subject to rule 23, but have missed that boat, because they have been started after the Tribunal completed its determination of a lead case. It retains the objection procedure which was a feature of old rules 8 to 10.

As a single rule, this rule replaces old rules 9 and 10, which differed only as to whether the subsequent case had received notification of the representative case.

The new rule is tidy and to the point and repeats old rule 10 in all comparable respects, save that when the Tribunal decides that the new application includes issues common or related to the lead case, it must notify the parties:

• Of its proposal to record a decision in materially identical terms to the decision in the lead case. The word materially did not appear in the old rules, and
• Of a requirement that any objection must include the grounds on which it is made. By contrast then with rule 23(6), here the Tribunal does require an explanation of the reason for the objection.

As before therefore, on receipt of the Tribunal’s notification, a party must respond with an objection within the requisite time frame, or else hold his peace.

If there is radio silence, the Tribunal is bound to record its determination of the issues common or related to the lead case as its determination of those issues in the new case. If objections are raised, they must be dealt with in accordance with the Rules.