metadata toggle
Parties and others
Parties and others
7.1The persons who are parties to proceedings and their appropriate designation (appellant, applicant and so on) are set out in the definitions in the relevant rules of procedure.1See: UTR r1(3); GRC Rules r1(3); HESC Rules r1(3); IAC Rules r1(3); Lands Rules r1(3); PC Rules r1(3); SEC Rules r1(3); Tax Rules r1(3); WPAFC Rules r1(3). The tribunal may add, remove and substitute parties.2See: UTR r9; GRC Rules r9; HESC Rules r9; IAC Rules r8; Lands Rules r9; PC Rules r10; SEC Rules r9; Tax Rules r9; WPAFC Rules r9.
7.2Moore-Bick LJ explained the significance of being a party in In re X (Court of Protection; Deprivation of Liberty) (Nos 1 and 2):3[2016] 1 WLR 227 at [170].
These are essentially practical considerations, but they invite consideration of what is actually meant by being a party to proceedings. In my view a party can best be described for these purposes as a natural or juridical person who has come before the court in order to obtain vindication of his rights and relief of some kind (usually described in the proceedings as a claimant) or who has been brought before the court by another under compulsion in order that the court’s powers may be invoked against him (usually described as a defendant). Such persons are directly affected by the court’s decision and are therefore entitled to play a full part in the proceedings in accordance with the rules of procedure. Other persons whose interests are directly affected may sometimes be joined as parties to ensure that they are bound by the outcome (usually as defendants), in which case they are also entitled to play a full part in the proceedings. The decision of the court on matters in issue binds all parties to the proceedings, but not others. In order to obtain a decision which binds a person of full age and sound mind it is necessary to make him a party to the proceedings and in the light of the approach adopted in Cheshire West, it is difficult to see why the same should not be true of a person who lacks capacity, despite the fact that he must act by a litigation friend, when his liberty is at stake.
7.3In addition, persons who are not parties may participate in the proceedings. The United Kingdom Representative of the United Nations High Commissioner for Refugees is entitled to participate in an asylum case on giving notice.4UTR r9(5)–(6). Other persons, who may conveniently be called interveners, may be given permission to participate. There is specific provision in respect of judicial review proceedings;5UTR r33. otherwise, this may be authorised under the tribunal’s general case management powers.6See: UTR r5; GRC Rules r5; HESC Rules r5; IAC Rules r4; Lands Rules r5; PC Rules r6; SEC Rules r5; Tax Rules r5; WPAFC Rules r5.
 
1     See: UTR r1(3); GRC Rules r1(3); HESC Rules r1(3); IAC Rules r1(3); Lands Rules r1(3); PC Rules r1(3); SEC Rules r1(3); Tax Rules r1(3); WPAFC Rules r1(3). »
2     See: UTR r9; GRC Rules r9; HESC Rules r9; IAC Rules r8; Lands Rules r9; PC Rules r10; SEC Rules r9; Tax Rules r9; WPAFC Rules r9. »
3     [2016] 1 WLR 227 at [170]. »
4     UTR r9(5)–(6). »
5     UTR r33. »
6     See: UTR r5; GRC Rules r5; HESC Rules r5; IAC Rules r4; Lands Rules r5; PC Rules r6; SEC Rules r5; Tax Rules r5; WPAFC Rules r5. »
Parties and others
Previous Next