9.-(1) Except where these Rules otherwise provide, any application for directions of an interlocutory nature in connection with any proceedings shall be made to the President or a member of the Compensation Assessment Tribunal nominated by him.
(2) The application shall be made in writing and shall state the title of the proceedings and the grounds upon which the application is made.
(3) If the application is made with the consent of all parties, it shall be accompanied by consents signed by or on behalf of the parties.
(4) If the application is not made with the consent of all parties, then, before it is made, a copy thereof shall be served upon each party and the application shall state that this has been done.
(5) Any party who objects to the application may, within 7 days after receiving a copy thereof, send written notice of objection to the President and to the applicant, and before making any order on the application the President or the nominated member of the Tribunal shall consider any objections which he may have received and, is so required by any party, shall give all parties an opportunity of appearing before him.
(6) In dealing with any application under this Rule, the President or the nominated member of the Tribunal shall have regard to the convenience of the parties and the desirability of limiting so far as practicable the costs of the proceedings and shall communicate his decision in writing to each party thereto.
(7) Any party aggrieved by a decision of a member nominated by the President on an application under this Rule may appeal to the President by giving notice in writing to the registrar and to every other party within four days after receiving notice of the decision, or within such further time as may be allowed by the President, but such an appeal shall not act as a stay of proceedings unless so ordered by the President.
10.-(1) Where more than one notice of reference has been given in respect of the same land, an application to the President, in accordance with the provisions of Rule 9, for an order that the references shall be heard together may be made by the authority liable for the payment of compensation.
(2) Where any such notices of reference have been given as are referred to in the last foregoing paragraph, the President or the Tribunal may, without any application in that behalf, make an order that the appeals or references shall be heard together.
(3) When two or more references are pending before the Tribunal whether by the same or different claimants against the same Acquiring Authority, and the subjects of such reference involve a common question of law or fact of such importance in proportion to the rest of the matters involved in such references as to render it desirable that the references should be consolidated, the President or the Tribunal may, on the application of any interested party, or of his or its own motion, make an order that the references shall be heard together.
(4) An order for consolidation may be made with respect to some only of the matters to which the notices of reference relate.
11.-(1) Where two or more persons are interested in respect of the same land, the President may, if it appears to him that the contentions put forward by any two or more claimants are substantially the same, direct that one of those claimants shall alone be entitled to appear at the hearing of the reference, and may require the claimants concerned, within such period as he may allow, to select, or, failing their selection within the period allowed, may himself select, one of their number to represent them jointly in the conduct of the reference:
Provided that any claimant who claims that he would be prejudiced by such a direction may, within the period allowed by the President, apply to the President for leave to appear separately at the hearing of the reference, and the President may, thereupon, in his discretion, either adhere to or revise his direction, or give such other direction as to the appearance, and order of appearance, of the claimants at the hearing of the reference as he may think just in the circumstances.
(2) The registrar shall forthwith send notice of any direction given by the President under this Rule to all the claimants and the Acquiring Authority.
12.-(1) The Tribunal shall, subject to any directions given by the Chief Justice either generally or with regard to any particular reference, sit at such places as the President may from time to time determine.
(2) The registrar shall send to each party to proceedings before the Tribunal a notice informing him of the place and date of the hearing which shall not be earlier than 14 days after the date on which the notice is sent.
(3) Any party to whom such notice has been sent may apply to the President in accordance with the provisions of Rule 9 for an alteration of the place or date of the hearing.
13.-(1) At the hearing the party claiming compensation shall begin and the other parties shall be heard in such order as the Tribunal may determine.
(2) Subject to the provisions of these Rules and to any direction given by the President, the procedure at the hearing of any proceedings shall be such as the Tribunal may direct.
14. If, on an appeal or application against a determination or assessment, the appellant or applicant does not appear at the time and place appointed for the hearing the President or the Tribunal may dismiss the appeal or application, and if any other party to the proceedings or any party to a reference does not appear at such time and place as aforesaid the President or the Tribunal may hear and determine the appeal, application or reference in his absence and may make such order as to costs as he or it thinks fit.
15. On the hearing of an appeal or application against a determination or assessment the appellant or applicant shall not be entitled to rely upon any grounds not stated in his notice of reference or statement of case or application unless the President or the Tribunal thinks it just in all the circumstances, and on such terms as to costs or adjournment or otherwise as he or it may think fit, to allow such additional grounds to be put forward as may appear to the President or the Tribunal to be material.
16.-(1) Evidence before a Tribunal may be given orally or, if the parties to the proceedings consent or the President or the Tribunal so orders, by affidavit, but the Tribunal may at any stage of the proceedings make an order requiring the personal attendance of any deponent for examination and cross-examination.
(2) The provisions of paragraphs (2), (3), (4), (5) and (6) of Rule 9 shall apply to an application to the President for leave to give evidence by affidavit.
18. In any proceedings before the Tribunal any party may appear and be heard either in person, or by advocate, or by a representative appointed in writing and approved by the Tribunal.
19.-(1) Not more than one expert witness on either side shall be heard unless otherwise ordered.
(2) An application for leave to call more than one expert witness may be made to the President in accordance with the provisions of Rule 9 or may be made to the Tribunal at the hearing.
(3) Where more than one party intends to call an expert witness, each such party shall, within 28 days after being so requested by the registrar, send to the registrar a copy of each of the following documents relating to the evidence to be given by his expert witness, together with sufficient copies of the documents for service upon each of the other such parties, that is to say:-
(i) every plan and valuation of the land which is the subject of the proceedings (including particulars and computations in support of such valuation) which it is proposed to put in evidence;
(ii) a statement of any prices, costs, or other particulars, and any plans, relating to a property or properties other than the said land which are proposed to be given in evidence in support of any such valuation, or a statement that no such prices, costs, particulars, or plans will be relied upon.
(4) The registrar shall, within 7 days after receiving all the documents required to be supplied by the parties under the last foregoing paragraph, send to each party copies of the documents supplied by the other party.
(5) If an application for leave to call more than one expert witness is made at the hearing and is granted by the Tribunal, or if at the hearing any party seeks to rely upon any plans, valuations, or particulars which appear to the Tribunal not to have been sent to the registrar in accordance with the foregoing provisions of this Rule, the Tribunal shall, unless it is satisfied that no prejudice to any other party will arise, adjourn the hearing on such terms as to costs or otherwise as it thinks fit.
20. The Tribunal may, and shall at the reasonable request of any party to the proceedings, enter on and inspect the land which is the subject of proceedings before the Tribunal and, so far as may be practicable, any comparable land to which the attention of the Tribunal may be directed. The Tribunal shall give notice to the parties of its intention to inspect any land and the parties and their expert witnesses shall be entitled to attend the inspection.
21. Any party to any proceedings shall furnish to the registrar on his request any document or other information which the Tribunal may require and which it is in his power to furnish and shall afford to all other parties to the proceedings an opportunity to inspect such documents (or copies of such documents) and to take copies thereof: Provided that nothing in this Rule shall be deemed to require the furnishing of any information which it would be contrary to the public interest to disclose.
22. If it appears to the Tribunal that any party to proceedings before the Tribunal has failed to send a copy of any document required under these Rules to be sent to any other party or to the registrar, the Tribunal may direct that a copy of the document shall be sent as may be necessary and that the further hearing of the proceedings be adjourned, and may in any such case require the party at fault to pay any additional costs occasioned thereby.
23.-(1) A party to any proceedings before the Tribunal shall be entitled to apply to the Lands Officer in charge of the District within which the land, which is the subject of the proceedings, is situate for information concerning sales, registered at the Land Registry Office concerned, of comparable property in the neighbourhood of such land, and such information (including full particulars of property and sale price) shall be given to the party applying within 10 days from the date of the application, or within such longer period as may be approved by the President.
(2) The application to the Lands Officer must be made in writing and must be accompanied by a copy of the notice of reference, and the applicant must pay to the Lands Officer at the time of the application the appropriate fee for the search prescribed by any Law or public instrument.
24. The registrar shall have power to administer oaths and take affirmations for the purpose of affidavits used in proceedings before the Tribunal.
25.-(1) The President may, on the application of any party to any proceedings, order any point of law which appears to be in issue in the proceedings to be disposed of at a preliminary hearing before the Tribunal, the President or a member or members of the Tribunal selected by the President for that purpose. If, in the opinion of the Tribunal, the President or such member or members, the decision on the point of law substantially disposes of the proceedings he or they may order that the argument shall be treated as the hearing of the case or may make such other order as may seem just.
(2) The provisions of paragraphs (2),(3),(4),(5) and (6) of Rule 9 shall apply to an application under this Rule.
26.-(1) The decision of the Tribunal on a reference or application shall be given in writing, together with a brief statement of the Tribunal's reasons for its decision.
(2) Where an amount awarded or value determined by the Tribunal is dependent upon the decision of the Tribunal on a question of law which is in dispute in the proceedings, the Tribunal shall ascertain, and shall state in its decision, the alternative amount or value (if any) which it would have awarded or determined if it had decided otherwise on the question of law.
(3) The registrar shall send copies of the decision to every party who has appeared before the Tribunal.
(4) If any directions are given by the Supreme Court for the amendment of any decision of the Tribunal on which a case has been stated for the opinion of the Supreme Court, the amendment shall be made by the Tribunal accordingly and the registrar shall send copies of the amended decision to all persons to whom copies of the original decision were sent.
27. The Tribunal may, if it thinks fit, direct that any sum awarded by the Tribunal shall carry interest from the date of the award at the rate of 4 per centum per annum.
28. An offer of any sum, or of readiness to accept any sum, as compensation shall not be disclosed to the Tribunal until it shall have decided upon the amount of compensation to be awarded to the party to or by whom the offer was made, but a copy of the offer enclosed in a sealed cover may be sent to the registrar or delivered to the Tribunal at the hearing by the party who made the offer and shall be opened by the Tribunal after is shall have decided upon the amount of the compensation.
29. Where the parties to any proceedings have agreed upon the terms of any order to be made by the Tribunal, particulars of the terms, signed by all the parties or by their advocates or agents, shall be sent to the registrar and an order may be made by the Tribunal in accordance with such terms in the absence of the parties, unless the Tribunal for any special reason requires their attendance.
30.-(1) The costs of and incidental to any proceedings shall be in the discretion of the Tribunal.
(2) If the Tribunal directs that the costs of a party to the proceedings shall be paid by any other party thereto, the Tribunal may settle the amount of the costs by fixing a lump sum, or it may direct that the costs shall be taxed by the registrar on one of the scales of costs prescribed στο εκάστοτε εν ισχύι Παράρτημα Β του περί Πολιτικής Δικονομίας Διαδικαστικού Κανονισμού στο εκάστοτε εν ισχύι Παράρτημα Β του περί Πολιτικής Δικονομίας Διαδικαστικού Κανονισμού στην κλίμακα της αποζημίωσης.
(3) In the absence of an agreement signed by the client, advocates as between themselves and their clients shall, subject to any order of the Tribunal, be entitled to charge and shall be allowed the fees prescribed στο εκάστοτε εν ισχύι Παράρτημα Β του περί Πολιτικής Δικονομίας Διαδικαστικού Κανονισμού στο εκάστοτε εν ισχύι Παράρτημα Β του περί Πολιτικής Δικονομίας Διαδικαστικού Κανονισμού στην κλίμακα της αποζημίωσης.
(4) Where a client, after being furnished by his advocate with a bill of costs, fails or refuses to pay the amount thereof, or disputes the amount of such bill of costs, the advocate or the client, as the case may be, may apply to the registrar to tax the bill of costs, and the registrar shall tax the bill of costs accordingly.
(5) Where the Tribunal directs that only part of the costs of a party to the proceedings shall be paid by any other party thereto, the registrar in taxing a bill of costs between advocate and client may allow full costs in respect thereof.
(6) In the absence of an agreement signed by the client, an advocate may not recover against his client a greater amount of costs than the client would have recovered as between party and party if he had been successful.
(7) Every taxation of a bill of costs shall be subject to the same conditions and Rules of Court as regulate the taxation of costs in civil actions, either between party and party or between advocate and client, so far as the same are applicable.
(8) Any party dissatisfied with a "taxation of costs by the registrar may, within 10 days of the taxation, serve on any other party interested therein and on the registrar objection in writing specifying the items objected to and the grounds of objection and asking for the taxation to be reviewed by the President in respect of such items.
(9) Upon such application the President may make such order as he thinks just, including an order as to the payment of the costs of the review, but the taxation of the registrar shall be final in respect of all matters to which objection shall not have been taken.
(10) A certificate of taxation may be executed as if it were a decision of the Tribunal.
31.-(1) Where the amount awarded by the Tribunal in any case is less than two-thirds of the amount of compensation claimed the claimant shall pay to the Tribunal as fees, in addition to the fees payable under Appendix C, a sum equivalent to the remuneration payable to the members of the Tribunal other than the President, as determined by the Chief Justice with the approval of the Governor. Such fees may be directed by the President or the Tribunal to be deducted by the Acquiring Authority from the amount of compensation awarded, before payment thereof to the claimant, and to be paid to the registrar:
Provided that, where a reference, appeal or application is withdrawn or settled before the decision of the Tribunal is given, the Tribunal may, in its discretion, direct that the whole or part of such fees shall not be paid by the claimant.
(3) If the claimant shall fail to file with the Tribunal a written statement of the amount claimed by him giving sufficient particulars as provided by these Rules or directed by the President, the provisions of paragraph (i) of this Rule shall apply as if the amount awarded by the Tribunal had been less than two-thirds of the amount of compensation claimed.
32. A reference or application may be withdrawn by sending to the registrar a written notice of withdrawal signed by all parties to the proceedings or by their advocates or agents.
33. The time appointed by or under these Rules for doing any act or taking any steps in connection with any proceedings, except the time appointed under Part III of these Rules, may be extended, on an application to the President in accordance with the provisions of Rule 9 upon such terms, if any, as the justice of the case may require, and such extension may be ordered although the application is not made until after the expiration of the time appointed.