Applications

In general, only the person seeking a copyright licence can refer disputed matters to the Tribunal. However, where the Tribunal has already made a decision in a particular area, the collecting society as well as the licensee may apply to the Tribunal to change that decision, usually on the grounds that circumstances have changed materially since the Tribunal last considered the matter. Any party to a Tribunal hearing may appeal against its decision, but only on points of law.

Procedure

The Tribunal has its own rules of procedure.

Advertisement of a reference or application

The Tribunal is required to give notice by advertisement of most reference or applications.

Practice Direction

A Practice Direction has been produced for the guidance of parties to cases before it, with a view to achieving a just, expeditious and economical disposal of proceedings. The Direction covers pre-hearing procedure, Chairman's Directions, preparation and service of evidence, procedure at the hearing and the Tribunal's power to award costs.

Hearings

The Act and Rules provide for parties to state their cases at an verbal hearing.

Every party to a reference or application that is considered at a hearing before the Tribunal is entitled to attend the hearing, to address the Tribunal, to give evidence and call witnesses.

Scrutiny of evidence and transcripts

Once a case has been heard, and a final decision has been issued, any evidence brought forward by the parties (other than that agreed as confidential) and transcripts of the proceedings, are open to public scrutiny. Anyone who would like to view documents from previous cases should contact the Secretary to make an appointment for a mutually convenient time to do so. However, please note that these documents are often complex and substantial and would require some time to take in and understand fully.