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Pre-claim protocols, case management, directions, etc.
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25. (1) Subject to this Act, the Tribunal may, in the interests amongst other things, of—
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(a) promoting timely communication between persons who are considering making a claim and those whom such persons consider may be liable in relation to that claim,
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(b) facilitating the early identification of the relevant parties in relation to the claim,
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(c) facilitating the early identification of the issues in dispute in respect of a possible claim,
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(d) facilitating the hearing and determination of claims in a manner which is just and expeditious,
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determine and adopt procedures governing requirements that shall be complied with before claims are brought (in this section referred to as “pre-claim protocols”).
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(2) In the interests of the hearing and determination of claims in a manner which is just and expeditious, the Chairperson may issue directions (in this section referred to as “practice directions”) in relation to the conduct of claims made to the Tribunal.
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(3) A pre-claim protocol or practice direction may—
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(a) relate to claims or classes of claims, and
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(b) make provision for such incidental, supplementary and consequential matters, including in respect of a failure to comply with any matter provided for in a pre-claim protocol or practice direction, as the case may be, as appear to the Tribunal, or in the case of a practice direction, the Chairperson, to be necessary or expedient for the purposes of the protocol or direction, as the case may be.
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(4) A pre-claim protocol and practice direction shall be published in such manner as the Chairperson may direct.
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(5) This section is without prejudice to any powers of the Tribunal to make Rules.
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