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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.

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Read why no date is calculated
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 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.

The Tribunal Procedure (Upper Tribunal) Rules 2008, Schedule 3 paragraphs 3(4), 4 and 4A

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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 4A

How does this provision count time?

  1. Ensure the statement of case reaches the Upper Tribunal and send the applicant copies.
  2. Paragraph 4(1) uses respondent receipt of the tribunal notification and tribunal receipt of the completed statement.
  3. 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 4A

Which 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.

ResultRead the operative provision and establish the applicable branch.

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 Tribunal Procedure (Upper Tribunal) Rules 2008, Schedule 3 paragraphs 3(4), 4 and 4A
  • 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 4A

Must the statement reach the tribunal by the end?

What 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 4A

Is 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 4A

Does the applicant get copies at the same time?

Do 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 4A

Official sources and review

Provisions used (1)
Provisions used in this guide
ProvisionPurpose
The Tribunal Procedure (Upper Tribunal) Rules 2008, Schedule 3 paragraphs 3(4), 4 and 4ACheck the identified procedure, event, counting rule or qualification
Read the official controlling provision

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