England and Wales commercial and regulatory procedures
When must the FCA file its statement of case after a reference?
Twenty-eight days after that receipt. Ensure the statement of case reaches the Upper Tribunal and send the applicant copies. The clock does not simply begin when the applicant files a reference. Multiple-regulator cases follow paragraph 4A and can require statements or a primary-regulator notification.
- Period
- Twenty-eight days after that receipt
- Trigger
- Respondent receives the tribunal notification required by Schedule 3 paragraph 3(4)(b)
- Rule
- The Tribunal Procedure (Upper Tribunal) Rules 2008, Schedule 3 paragraphs 3(4), 4 and 4A
The Tribunal Procedure (Upper Tribunal) Rules 2008, Schedule 3 paragraphs 3(4), 4 and 4A. The retained source governs ensure the statement of case reaches the Upper Tribunal and send the applicant copies. The clock does not simply begin when the applicant files a reference. Multiple-regulator cases follow paragraph 4A and can require statements or a primary-regulator notification.
Source guide · No automated date
Check the applicable procedure
The clock does not simply begin when the applicant files a reference. Multiple-regulator cases follow paragraph 4A and can require statements or a primary-regulator notification. Paragraph 4(1) uses respondent receipt of the tribunal notification and tribunal receipt of the completed statement. The actual respondent receives the tribunal notification required by Schedule 3 paragraph 3(4)(b) and required completion must be established before using a final date.
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When must the FCA file its statement of case after a reference?
Twenty-eight days after that receipt. Ensure the statement of case reaches the Upper Tribunal and send the applicant copies. The clock does not simply begin when the applicant files a reference. Multiple-regulator cases follow paragraph 4A and can require statements or a primary-regulator notification.
Responsible actor. Respondent regulator in a single-regulator case.
Respondent receives the tribunal notification required by Schedule 3 paragraph 3(4)(b).
The clock does not simply begin when the applicant files a reference. Multiple-regulator cases follow paragraph 4A and can require statements or a primary-regulator notification.
The clock does not simply begin when the applicant files a reference. Multiple-regulator cases follow paragraph 4A and can require statements or a primary-regulator notification.
The Tribunal Procedure (Upper Tribunal) Rules 2008, Schedule 3 paragraphs 3(4), 4 and 4AHow does this provision count time?
- Ensure the statement of case reaches the Upper Tribunal and send the applicant copies.
- Paragraph 4(1) uses respondent receipt of the tribunal notification and tribunal receipt of the completed statement.
- The clock does not simply begin when the applicant files a reference. Multiple-regulator cases follow paragraph 4A and can require statements or a primary-regulator notification.
Paragraph 4(1) uses respondent receipt of the tribunal notification and tribunal receipt of the completed statement.
Paragraph 4(1) uses respondent receipt of the tribunal notification and tribunal receipt of the completed statement. The clock does not simply begin when the applicant files a reference. Multiple-regulator cases follow paragraph 4A and can require statements or a primary-regulator notification.
The Tribunal Procedure (Upper Tribunal) Rules 2008, Schedule 3 paragraphs 3(4), 4 and 4AWhich facts prevent one automatic date?
The clock does not simply begin when the applicant files a reference. Multiple-regulator cases follow paragraph 4A and can require statements or a primary-regulator notification. Paragraph 4(1) uses respondent receipt of the tribunal notification and tribunal receipt of the completed statement. The actual respondent receives the tribunal notification required by Schedule 3 paragraph 3(4)(b) and required completion must be established before using a final date.
The respondent regulator in a single-regulator case has established the applicable procedure and respondent receives the tribunal notification required by Schedule 3 paragraph 3(4)(b). The clock does not simply begin when the applicant files a reference. Multiple-regulator cases follow paragraph 4A and can require statements or a primary-regulator notification. Ensure the statement of case reaches the Upper Tribunal and send the applicant copies. Twenty-eight days after that receipt. No computed final date is supplied.
A proposed completion raises a nonbusiness-day or time-boundary question for ensure the statement of case reaches the Upper Tribunal and send the applicant copies. Paragraph 4(1) uses respondent receipt of the tribunal notification and tribunal receipt of the completed statement. Resolve this boundary under the identified provision and actual completion route. Paragraph 4(1) uses respondent receipt of the tribunal notification and tribunal receipt of the completed statement.
The regulator receives the tribunal’s registration notification several days after the reference was lodged. The clock does not simply begin when the applicant files a reference. Multiple-regulator cases follow paragraph 4A and can require statements or a primary-regulator notification. The clock does not simply begin when the applicant files a reference. Multiple-regulator cases follow paragraph 4A and can require statements or a primary-regulator notification. No automatic final date follows from this scenario.
Which conditions and exceptions apply?
- Applicable procedure and actual event
- The clock does not simply begin when the applicant files a reference. Multiple-regulator cases follow paragraph 4A and can require statements or a primary-regulator notification.
- Counting and completion boundary
- Paragraph 4(1) uses respondent receipt of the tribunal notification and tribunal receipt of the completed statement.
- The clock does not simply begin when the applicant files a reference. Multiple-regulator cases follow paragraph 4A and can require statements or a primary-regulator notification.
- Respondent regulator in a single-regulator case. Respondent receives the tribunal notification required by Schedule 3 paragraph 3(4)(b). Ensure the statement of case reaches the Upper Tribunal and send the applicant copies. Paragraph 4(1) uses respondent receipt of the tribunal notification and tribunal receipt of the completed statement.
What must the responsible actor complete?
Questions about this procedure
When must the FCA file its statement of case after a reference?
Does the applicant’s reference date start this clock?
No. Paragraph 4(1) uses the respondent’s receipt of the tribunal notification.
The Tribunal Procedure (Upper Tribunal) Rules 2008, Schedule 3 paragraphs 3(4), 4 and 4AMust the statement reach the tribunal by the end?
Yes. Sending alone does not establish timely receipt.
The Tribunal Procedure (Upper Tribunal) Rules 2008, Schedule 3 paragraphs 3(4), 4 and 4AWhat must the statement explain?
The legal provisions, reasons and matters or facts supporting the referred action.
The Tribunal Procedure (Upper Tribunal) Rules 2008, Schedule 3 paragraphs 3(4), 4 and 4AIs there a disclosure list?
Paragraph 4(3) requires the specified supporting and potentially undermining documents list.
The Tribunal Procedure (Upper Tribunal) Rules 2008, Schedule 3 paragraphs 3(4), 4 and 4ADoes the applicant get copies at the same time?
Paragraph 4(4) requires that simultaneous copy step.
The Tribunal Procedure (Upper Tribunal) Rules 2008, Schedule 3 paragraphs 3(4), 4 and 4ADo two-regulator cases use this branch unchanged?
No. Paragraph 4A sets the applicable multiple-regulator procedure.
The Tribunal Procedure (Upper Tribunal) Rules 2008, Schedule 3 paragraphs 3(4), 4 and 4AOfficial sources and review
Provisions used (1)
| Provision | Purpose |
|---|---|
| The Tribunal Procedure (Upper Tribunal) Rules 2008, Schedule 3 paragraphs 3(4), 4 and 4A | Check the identified procedure, event, counting rule or qualification |