Orders and directions – CPD courses
Example: CPD courses
9.—(1) The Appeals Board committeemay, on its own motion or on the application of any party, direct the parties to attend a pre-hearing conference before the Appeals Board committee at which such orders or directions may be given as the Appeals Board committee deems fit for the just, expeditious and economical disposal of the appeal. CPD courses
(2) The Appeals Board committee may also give such orders or directions as are referred to in paragraph (1) by letter served on the parties.
(3) If any party fails to comply with any provision of or any order or direction made in accordance with these Rules, the Appeals Board committee may in its discretion draw such inference from the failure as it considers appropriate and proceed with the determination or hearing of the appeal. CPD courses.
Consolidation – CPD courses
10. Where 2 or more appeals are pending and it appears that —
(a) some common question of law or fact arises in both or all of them; or
(b) the appeals arise out of the same transaction or series of transactions,
the Appeals Board committee may, on its own motion or on the application of any party, order such appeals to be consolidated or give such directions regarding the hearing of such appeals as it deems fit.
Determination of appeals
11.—(1) In any appeal against a decision of the Council, the Appeals Board committee may—
(a) make an order or direction for any or all evidence relied upon by the appellant to be confirmed by a statutory declaration by a specific time, and in the event of non-compliance with such order or direction, the Appeals Board committee may disregard such evidence that has not been so confirmed;
(b) make such other orders or directions as it deems fit; and
(c) either —
(i) summarily determine the appeal after considering the documents and evidence submitted by the parties under these Rules (or on its order or direction) without requiring the attendance of the parties at a hearing; or
(ii) conduct a hearing in suchmanner as the Appeals Board committee deems fit.
(2) In any appeal against a decision of a Disciplinary Committee, a hearing shall be held and conducted in such manner as the Appeals Board committee deems fit. CPD courses.
(3) In any appeal, the appellant shall not tender any new evidence which was not provided to the Council or Disciplinary Committee, as the case may be, unless the Appeals Board committee is satisfied that the new evidence could not have been obtained with reasonable diligence for provision to the Council or Disciplinary Committee and there are special grounds to admit such evidence. CPD courses.
(4) If the appellant fails to appear at the hearing of the appeal, the Appeals Board committee may, if satisfied that the appellant was duly notified of the hearing date, treat the appeal as withdrawn but may reopen the matter and reschedule the hearing of the appeal if it is just to do so. CPD courses.
(5) The Appeals Board committee may, after having regard to the submissions of the appellant and respondent, determine the appeal by confirming the decision of the Council or Disciplinary Committee, as the case may be, if the Appeals Board committee considers that there is no valid ground of appeal. CPD courses.
(6) Where the Appeals Board committee determines an appeal or an application related thereto, or where an appeal or an application related thereto is withdrawn or deemed to be withdrawn, it may make such consequential orders in respect of costs or otherwise as it
considers appropriate.
(7) The Appeals Board committee shall record in writing its decision and shall state the reasons for its decision.
Source: Estate Agents (Appeals) Rules 2010
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