Most case statements have to be lodged within 30 working days.
The appellant or claimant will normally have 20 working days to lodge all written evidence they wish to rely on. They can also lodge a written statement of arguments (known as the case statement).
The respondent or responsible body has 10 working days to lodge all the written evidence they want to rely on in its response to the reference or claim. They can also lodge their written statement of arguments.
The appellant or claimant do not have to prepare a case statement but the respondent or responsible body must make a response. If they do not do that, they may no longer be entitled to take part in in the tribunal (The First-tier Tribunal for Scotland Health and Education Chamber Rules of Procedure 2018 , rules 19 and 66). Their response must say whether the claim or reference is opposed, it must state why and provide evidence to support this.
The bundle of documents
Once the case statement period has ended the case officer will send all the papers which will be considered by the tribunal to parties or their representatives. We call this the ‘bundle’. This contains all the information provided by the parties, as well as the original reference and any case management hearing notes, preliminary decisions or directions made by the legal member.
