37. INTERVENERS
37.1 A person who is not a party to an appeal
may petition the House for permission to intervene[82].
37.2 The petition for leave to intervene[83],
with the prescribed fee, may only be lodged after the petition
of appeal has been presented to the House. One master plus seven
copies of the petition for leave to intervene must be lodged.
The petition must indicate whether leave is sought for both oral
and written interventions or for written intervention only. The
petition should be certified with the consent of the appellants
and respondents in the appeal. If their consent is refused, the
petition must be endorsed with a certificate of service on them,
with a brief explanation of the reasons for the refusal. All
petitions for leave to intervene, whether or not opposed by the
parties in the appeal, are referred to an Appeal Committee.
37.3 Persons who intervened in a court below
are also required to petition, if they wish to intervene in an
appeal to the House.
37.4 Subject to the discretion of the House,
interveners bear the costs of their intervention.
37.5 Subject to the discretion of the House,
any additional costs to the appellants and respondents resulting
from an intervention are costs in the appeal.
37.6 If the Crown has been joined to proceedings
in the court below in accordance with the provisions of s 5 of
the Human Rights Act 1998, the leave of the House is not necessary
for the continued intervention of the Crown (direction 33.5).
37.7 For intervention in petitions for leave
to appeal, see direction 3.21.
82 Article 15 of Council Regulation (EC) No 1/2003
of 16 December 2002 empowers the competition authorities in EU
member states, acting on their own initiative, to submit written
observations to the national courts of their member state on issues
relating to the application of Articles 81 or 82 of the Treaty.
With the permission of the court in question, they may also submit
oral observations to the national courts of their member states. Back
83
See Appendix A, Form 8. Back
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