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The Copyright Tribunal Rules 2010

Type Statutory-Instrument

Publication 2010-03-15

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

Reform history JSON API PDF

Made: 15th March 2010

Laid before Parliament: 16th March 2010

Coming into force: 6th April 2010

The Lord Chancellor in exercise of the powers conferred upon him by sections 150 and 152(2) and (3) of the Copyright, Designs and Patents Act 1988[^f00001], after consultation with the Secretary of State[^f00002], with the approval of the Treasury as to the fees chargeable under these Rules in respect of proceedings before the Copyright Tribunal, and after consultation with the Administrative Justice and Tribunals Council in accordance with paragraph 24(1), (3) and (4) of Schedule 7 to the Tribunals Courts and Enforcement Act 2007[^f00003], makes the following Rules:

PART I — PRELIMINARY

Citation and Commencement

1

These Rules may be cited as the Copyright Tribunal Rules 2010 and shall come into force on 6th April 2010.

Interpretation

2

(1) In these Rules—

“the Act” means the Copyright, Designs and Patents Act 1988;

“applicant” means a person or organisation who has made a reference or application to the Tribunal in accordance with rule 7;

“application” means the application form and statement of grounds filed with the Tribunal in accordance with rule 7(1);

“application form” means the form set out in Schedule 1;

“bank holiday” has the meaning conferred by section 1 of the Banking and Financial Dealings Act 1971[^f00004];

“the Chairman” means the Chairman of the Tribunal or a deputy chairman or any other member of the Tribunal appointed to act as chairman;

“costs”, in relation to proceedings in Scotland, means “expenses”;

“court” means—as respects England and Wales, the High Court;as respects Scotland, the Court of Session;as respects Northern Ireland, the High Court of Northern Ireland;

“intervener” means a person or organisation who has applied under rule 15 to be made a party to proceedings;

“the office” means the office for the time being of the Tribunal;

“proceedings” means proceedings in respect of an application before the Tribunal;

“relevant fee” means the fee payable to the Tribunal as set out in Schedule 2;

“the Secretary” means the Secretary for the time being of the Tribunal;

“small application” has the meaning given in rule 17(6);

“standard application” has the meaning given in rule 17(6);

“statement of truth” means—in Northern Ireland, an affidavit;in England and Wales and Scotland a statement which meets the requirements of paragraphs (2) and (3) below;

“the Tribunal” means the Copyright Tribunal;

“the Tribunal address for service” has the meaning set out in rule 4; and

“the Tribunal Website” has the meaning set out in rule 5.

(2) A statement of truth is a statement that—

(a) The party putting forward the document, or

(b) in the case of a witness statement, the maker of the witness statement

believes the facts stated in the document are true.

(3) A statement of truth must be signed by—

(a) In the case of a statement of grounds, a response or a request for permission to intervene, the party or the legal representative of the party and

(b) In the case of a witness statement, the maker of the statement.

(4) The powers conferred on the Tribunal by rules 39(3) and 42 may be exercised by either the Chairman or the Tribunal.

Overriding objective

3

(1) The Rules set out a procedural code with the overriding objective of enabling the Tribunal to deal with cases justly.

(2) Dealing with a case justly includes, so far as practicable—

(a) ensuring that the parties are on an equal footing;

(b) saving expense;

(i) to the amount of money involved,

(ii) to the importance of the case,

(iii) to the complexity of the issues, and

(iv) to the financial position of each party;

(d) ensuring that it is dealt with expeditiously and fairly; and

(e) allotting to it an appropriate share of the resources available to the Tribunal, while taking into account the need to allot resources to other cases.

(3) The parties are required to help the Tribunal to further the overriding objective.

Tribunal address for service

4

The address for service of documents on the Tribunal is: The Secretary of the Copyright Tribunal, 21 Bloomsbury Street, London WC1B 3HF or such other address as may be notified in the London, Edinburgh and Belfast Gazettes and on the Tribunal Website.

Tribunal Website

5

The location of the Tribunal Website is: www.ipo.gov.uk/ctribunal.htm or such other location as may be notified from time to time in such manner as the Chairman may direct.

Representation and rights of audience

6

In proceedings a party may be represented by—

(a) a person who, for the purposes of the Legal Services Act 2007[^f00005] is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation within the meaning of that Act;

(b) an advocate or solicitor in Scotland or a barrister or solicitor in Northern Ireland; or

PART II — COMMENCING PROCEEDINGS

Commencing proceedings

7

(1) Proceedings are started when a person files—

(a) an application form;

(b) a statement of grounds; and

(2) The statement of grounds must—

(a) contain a concise statement of the facts on which the applicant relies;

(b) state the statutory provision under which the application is made;

(d) specify the relief sought;

(e) be verified by a statement of truth.

Defective applications

8

(1) If the Tribunal considers that an application does not comply with rule 7, or is materially incomplete, or is lacking in clarity, it 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 Secretary to defer service of the application on the respondent until after the directions referred to in paragraph (1) have been complied with.

Power to reject

9

(1) The Tribunal may, after giving the parties an opportunity to be heard, reject an application in whole or in part at any stage in the proceedings if—

(a) it considers that the Tribunal has no jurisdiction to hear the application;

(b) it considers that the applicant

(i) does not have a sufficient interest in the application; or

(ii) is not an organisation that is representative of a class of persons that have a sufficient interest in the application;

(d) it considers that the application is an abuse of the Tribunal’s process;

(e) it considers that the application discloses no reasonable grounds for bringing the application.

(2) When the Tribunal rejects an application it may make any consequential order it considers appropriate.

(3) For the purposes of paragraph (1)(c), the relevant provision means—

(a) section 118(2), where the reference is made under section 118;

(b) section 125(2), where the reference is made under section 125;

(d) paragraph 10(2) of Schedule 2A, where the reference is made under paragraph 10 of Schedule 2A.

Amendment of application

10

(1) The applicant may amend the application 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.

Withdrawal of the application

11

(1) The applicant may withdraw an application only with the permission of the Tribunal.

(2) Where the Tribunal gives permission under paragraph (1) it may—

(a) do so on such terms as it thinks fit; and

(b) instruct the Secretary to publish notice of the withdrawal on the Tribunal Website or in such other manner as the Tribunal may direct.

(3) Where an application is withdrawn any interim order of the Tribunal, other than an order made in respect of costs, shall immediately cease to have effect, unless the Tribunal directs otherwise.

PART III — RESPONSE TO THE PROCEEDINGS

Acknowledgement and notification

12

(1) On receiving an application the Secretary must—

(a) send an acknowledgement of its receipt to the applicant; and

(b) subject to rules 8(2) and 9 send a copy of the application to the respondent marked to show the date on which that copy is sent.

The response

13

(1) The respondent must send to the Secretary a response in the form required by this rule so that the response is received within 28 days (or such further time as the Tribunal may allow) of the date on which the Secretary sent a copy of the application to the respondent in accordance with rule 12(b).

(2) The response filed by the respondent must state—

(a) the name and address of the respondent;

(b) the name and address of the respondent’s legal representatives, if any;

and must be signed and dated by the respondent, or on the respondent’s behalf by a duly authorised officer or legal representative.

(3) The response must contain—

(a) a concise statement of the facts on which the respondent relies;

(b) any relief sought by the respondent; and

(4) The response must be verified by a statement of truth.

(5) Rules 8 and 10 shall apply to the response.

(6) On receiving the response, the Secretary shall send a copy to the applicant.

PART IV — INTERVENTION AND CONSOLIDATION

Publication of application

14

(1) Subject to rules 8 and 9 the Secretary must as soon as practicable upon receipt of an application publish a notice on the Tribunal Website and in any other manner the Chairman may direct.

(2) The notice referred to in paragraph (1) must state—

(a) that an application has been received;

(b) the section of the Act under which the application is made;

(d) the particulars of the relief sought by the applicant;

(e) a summary of the principal grounds relied on; and

(f) that any person—

(i) with substantial interest in the proceedings;

(ii) who objects to the application on the basis that the applicant does not have a sufficient interest in the application; or

(iii) who objects to the application on the basis that the applicant is not representative of a class of persons that have a sufficient interest in the application,

may apply to intervene in the proceedings, in accordance with rule 15, within 28 days of publication of the notice or such other period as the Chairman may direct.

Intervention

15

(1) Any person with substantial interest in the outcome of proceedings may make a request to the Tribunal for permission to intervene in those proceedings.

(2) The request must be sent to the Secretary within 28 days of the publication of the notice in accordance with rule 14.

(3) The Secretary shall give notice of the request for permission to intervene to the respondent and all other parties to the proceedings and invite their observations on that request within a specified period.

(4) A request for permission to intervene must state—

(a) the title of the proceedings to which that request relates;

(b) the name and address of the person wishing to intervene;

(d) an address for service in the United Kingdom;

(e) the facts on which the person wishing to intervene relies and the relief sought.

(5) The request must be verified by a statement of truth and accompanied by the relevant fee.

(6) The Tribunal may permit the intervention on such terms and conditions as it thinks fit, if satisfied, having taken into account the observations of the parties, that the intervening party has a substantial interest.

(7) On granting permission in accordance with paragraph (6), the Tribunal shall give all such consequential directions as it considers necessary with regard, in particular, to the service on the intervener of the documents lodged with the Secretary, the submission by the intervener of a statement of intervention and, if appropriate, the submission by the principal parties of a response to the statement of intervention.

(8) The statement of intervention and any response to it shall contain—

(a) a concise statement of the facts supporting the intervention or response; and

(b) any relief sought by the intervener or the party responding to the intervention.

(9) The statement of intervention and any response shall be verified by a statement of truth.

(10) Rules 8 and 10 shall apply to the statement of intervention.

Consolidation

16

(1) Where two or more applications are made relating to the same licensing scheme or proposed licensing scheme, or which involve the same or similar issues, the Tribunal may on its own initiative, or on the request of a party, order that the proceedings or any particular issue or matter raised in the proceedings be consolidated or heard together.

(2) Before making an order under this rule, the Tribunal must invite the parties to the relevant proceedings to submit their observations.

PART V — ALLOCATION

Allocation

17

(1) The Tribunal shall allocate an application to the small applications track or to the standard applications track, taking into account the factors set out in this rule;

(2) When the Tribunal makes an allocation it shall have regard to—

(a) the financial value of the application to each of the parties;

(b) whether the facts, legal issues, relief requested or procedures involved are simple or complex; and

(3) The small applications track is the normal track for an application where its financial value is less than £50,000 to each party and the facts and legal issues involved are simple.

(4) The standard track is the normal track for all other applications.

(5) When the Tribunal has allocated an application to a track the Secretary shall serve a notice of allocation on every party.

(6) Applications allocated to the small applications track are referred to as “small applications” and all other applications are referred to as “standard applications”.

(7) The Rules apply to small applications with the exception of rules 22(1), (2) and (3), 23, 35 and 36.

(8) The Rules apply to standard applications with the exception of rule 21.

Change of track

18

The Tribunal may at any time on the request of a party or of its own initiative order, having considered the factors set out in rule 17(2), that—

(a) proceedings allocated to the small applications track be transferred to the standard applications track; or

(b) proceedings allocated to the standard applications track be transferred to the small applications track.

PART VI — CASE MANAGEMENT AND PREPARATION FOR HEARING

Case management – general

19

(1) In determining applications the Tribunal shall actively exercise its powers set out in rules 16 (consolidation), 17 (allocation), 18 (change of track), 20 (directions), 21 (procedure for small applications) 22 (case management of standard applications) 23 (oral hearing of a standard application) 24 (evidence), 25 (expert evidence) 26 (summoning of witnesses and order to answer questions or produce documents) and 27 (failure to comply with directions) with a view to ensuring that the application is dealt with justly.

(2) The Tribunal may in particular—

(a) encourage and facilitate the use of an alternative dispute resolution procedure if it considers it appropriate; and

(b) dispense with the need for the parties to attend any hearing.

Directions

20

(1) The Tribunal may at any time, on the request of a party or of its own initiative, at a case management conference, pre-hearing review, on an application for appeal or otherwise, give such directions as are provided for in paragraph (2) below or such other directions as it thinks fit to secure the just, expeditious and economical conduct of the proceedings.

(2) Where a party requests directions in accordance with paragraph (1) the request must be accompanied by the relevant fee.

(3) The Tribunal 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 file a reply, rejoinder or other additional statements or particulars;

(d) that any part of the application, response or intervention be struck out;

(e) for the dismissal of the proceedings;

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