New Tribunal Procedure Regulations

Further to our last legal update, here is the second revised rule

2.    Overriding objective for all proceedings

The overriding objective of proceedings has been slightly amended:

The 2004 Rules state that the overriding objective is:
(a) ensuring that the parties are on an equal footing;
(b) dealing with the case in ways which are proportionate to the complexity or importance of the issues;
(c) ensuring that it is dealt with expeditiously and fairly; and
(d) saving expense.

The 2013 Rules state:

(a) ensuring that the parties are on an equal footing;
(b) dealing with cases in ways which are proportionate to the complexity and importance of
the issues;
(c) avoiding unnecessary formality and seeking flexibility in the proceedings;
(d) avoiding delay, so far as compatible with proper consideration of the issues; and
(e) saving expense.


So a change here towards informality, flexibility and speed. Maybe this reflective of the number of claims that are now being processed on a yearly basis. How rigidly this will be applied is, however to be seen.

There is an emphasis on the use of alternative dispute resolution as appose to Tribunal proceedings, this is already in place with the ACAS Pre claim conciliatory service which has been running for some time now. However Rule 3 make reference to Judicial and other types of mediation being utilised for the benefit of the parties.

Published: 06 Aug 2013

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