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England and Wales commercial and regulatory procedures

When must an applicant reply to the regulator’s statement of case?

Twenty-eight days after the applicable receipt event. Ensure the reply reaches the Upper Tribunal and send copies to every other party. A multiple-regulator case can require receipt of all statements and relevant notifications. An amended statement has its own express event.

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Period
Twenty-eight days after the applicable receipt event
Trigger
Receipt of the statement, all required multiple-regulator documents, or amended statement as applicable
Rule
The Tribunal Procedure (Upper Tribunal) Rules 2008, Schedule 3 paragraph 5
The Tribunal Procedure (Upper Tribunal) Rules 2008, Schedule 3 paragraph 5

The Tribunal Procedure (Upper Tribunal) Rules 2008, Schedule 3 paragraph 5. The retained source governs ensure the reply reaches the Upper Tribunal and send copies to every other party. A multiple-regulator case can require receipt of all statements and relevant notifications. An amended statement has its own express event.

Source guide · No automated date

Check the applicable procedure

A multiple-regulator case can require receipt of all statements and relevant notifications. An amended statement has its own express event. Schedule 3 paragraph 5(1) selects the actual receipt branch. The reply and documents list must be copied under paragraph 5(4). The actual receipt of the statement, all required multiple-regulator documents, or amended statement as applicable and required completion must be established before using a final date.

The Tribunal Procedure (Upper Tribunal) Rules 2008, Schedule 3 paragraph 5

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When must an applicant reply to the regulator’s statement of case?

Twenty-eight days after the applicable receipt event. Ensure the reply reaches the Upper Tribunal and send copies to every other party. A multiple-regulator case can require receipt of all statements and relevant notifications. An amended statement has its own express event.

Responsible actor. Applicant in a financial services reference.

Receipt of the statement, all required multiple-regulator documents, or amended statement as applicable.

A multiple-regulator case can require receipt of all statements and relevant notifications. An amended statement has its own express event.

A multiple-regulator case can require receipt of all statements and relevant notifications. An amended statement has its own express event.

The Tribunal Procedure (Upper Tribunal) Rules 2008, Schedule 3 paragraph 5

How does this provision count time?

  1. Ensure the reply reaches the Upper Tribunal and send copies to every other party.
  2. Schedule 3 paragraph 5(1) selects the actual receipt branch. The reply and documents list must be copied under paragraph 5(4).
  3. A multiple-regulator case can require receipt of all statements and relevant notifications. An amended statement has its own express event.

Schedule 3 paragraph 5(1) selects the actual receipt branch. The reply and documents list must be copied under paragraph 5(4).

Schedule 3 paragraph 5(1) selects the actual receipt branch. The reply and documents list must be copied under paragraph 5(4). A multiple-regulator case can require receipt of all statements and relevant notifications. An amended statement has its own express event.

The Tribunal Procedure (Upper Tribunal) Rules 2008, Schedule 3 paragraph 5

Which facts prevent one automatic date?

A multiple-regulator case can require receipt of all statements and relevant notifications. An amended statement has its own express event. Schedule 3 paragraph 5(1) selects the actual receipt branch. The reply and documents list must be copied under paragraph 5(4). The actual receipt of the statement, all required multiple-regulator documents, or amended statement as applicable and required completion must be established before using a final date.

ResultRead the operative provision and establish the applicable branch.

The applicant in a financial services reference has established the applicable procedure and receipt of the statement, all required multiple-regulator documents, or amended statement as applicable. A multiple-regulator case can require receipt of all statements and relevant notifications. An amended statement has its own express event. Ensure the reply reaches the Upper Tribunal and send copies to every other party. Twenty-eight days after the applicable receipt event. No computed final date is supplied.

A proposed completion raises a nonbusiness-day or time-boundary question for ensure the reply reaches the Upper Tribunal and send copies to every other party. Schedule 3 paragraph 5(1) selects the actual receipt branch. The reply and documents list must be copied under paragraph 5(4). Resolve this boundary under the identified provision and actual completion route. Schedule 3 paragraph 5(1) selects the actual receipt branch. The reply and documents list must be copied under paragraph 5(4).

A second regulator’s required statement arrives after the first. A multiple-regulator case can require receipt of all statements and relevant notifications. An amended statement has its own express event. A multiple-regulator case can require receipt of all statements and relevant notifications. An amended statement has its own express event. No automatic final date follows from this scenario.

Which conditions and exceptions apply?

Applicable procedure and actual event
A multiple-regulator case can require receipt of all statements and relevant notifications. An amended statement has its own express event.
Counting and completion boundary
Schedule 3 paragraph 5(1) selects the actual receipt branch. The reply and documents list must be copied under paragraph 5(4).
The Tribunal Procedure (Upper Tribunal) Rules 2008, Schedule 3 paragraph 5
  • A multiple-regulator case can require receipt of all statements and relevant notifications. An amended statement has its own express event.
  • Applicant in a financial services reference. Receipt of the statement, all required multiple-regulator documents, or amended statement as applicable. Ensure the reply reaches the Upper Tribunal and send copies to every other party. Schedule 3 paragraph 5(1) selects the actual receipt branch. The reply and documents list must be copied under paragraph 5(4).

What must the responsible actor complete?

Questions about this procedure

When must an applicant reply to the regulator’s statement of case?

Does the first statement always start the reply period?

Not in a multiple-regulator case. Paragraph 5(1)(aa) uses receipt of all required documents.

The Tribunal Procedure (Upper Tribunal) Rules 2008, Schedule 3 paragraph 5

What if the regulator amends its statement?

Paragraph 5(1)(b) expressly addresses receipt of the amended statement.

The Tribunal Procedure (Upper Tribunal) Rules 2008, Schedule 3 paragraph 5

Must the reply identify disputed allegations?

Paragraph 5(2) requires disputed matters and the applicant’s reasons.

The Tribunal Procedure (Upper Tribunal) Rules 2008, Schedule 3 paragraph 5

Is a documents list required?

Yes. Paragraph 5(3) requires documents on which the applicant relies.

The Tribunal Procedure (Upper Tribunal) Rules 2008, Schedule 3 paragraph 5

Who receives the reply copies?

All other parties, at the same time under paragraph 5(4).

The Tribunal Procedure (Upper Tribunal) Rules 2008, Schedule 3 paragraph 5

When must an applicant seek further primary-regulator participation?

The paragraph 5(5) application must accompany the reply where that branch applies.

The Tribunal Procedure (Upper Tribunal) Rules 2008, Schedule 3 paragraph 5

Official sources and review

Provisions used (1)
Provisions used in this guide
ProvisionPurpose
The Tribunal Procedure (Upper Tribunal) Rules 2008, Schedule 3 paragraph 5Check the identified procedure, event, counting rule or qualification
Read the official controlling provision

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