The Faculty Jurisdiction Rules 2000

Directions

19.—(1) In any case the chancellor may give directions in writing without a hearing or may hold a hearing for directions which the parties or their representatives (whether or not legally qualified) and such other persons as the chancellor deems fit will be requested to attend. The chancellor or the registrar (if authorised by the chancellor) shall preside at any hearing for directions.

(2) The purposes of the giving of directions are:

(i)to encourage the parties to co-operate with each other in the exchange of information and documents in preparation for a hearing;

(ii)to fix timetables or otherwise control the progress of the proceedings;

(iii)to identify the issues which will need to be resolved at a hearing;

(iv)to deal with as many aspects of the matter as possible on the same occasion;

(v)to give directions to ensure that the petition is considered and determined as quickly and efficiently as possible.

(3) Having regard to paragraph (2) above the chancellor or the registrar shall direct as appropriate:

(i)how any evidence may be presented, whether by written statement or report followed by oral evidence at the hearing, or otherwise;

(ii)where there is a large number of objections making a similar point or points in the written objections that a specified number of them shall represent the interest of all those objectors at the hearing and may appear by themselves or by representatives (whether or not legally qualified);

(iii)that there be an exchange of the reports of expert witnesses to be called by the parties and that they be requested to identify matters upon which they agree and those upon which they disagree;

(iv)that the number of expert witnesses to be called on behalf of any party be limited to such number as the chancellor or registrar deems appropriate in the case in question;

(v)that any reports provided to the chancellor by the advisory commitee, the Council for the Care of Churches, English Heritage, any national amenity society or any local planning authority or other body shall be copied to the parties not less than 21 days before the date of the hearing.

(4) In deciding whether and how to exercise the powers under this rule, the chancellor or registrar shall have regard to all the circumstances including:

(a)the justice of the case;

(b)the desirability of minimising dispute;

(c)saving unnecessary expense;

(d)avoiding delay;

(e)the number of objectors and the grounds of objection to the proposals.