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Template Format for a Joint Reference submission to Access Disputes Panel or Timetabling Panel October 2005
The Access Dispute Resolution Rule A1.30. states that there is an expectation that parties bringing references to either an Access Disputes Panel, or a Timetabling Panel, will table a single joint reference setting out all the arguments of both parties. Rule A1.31 requires that a Template for such joint submissions be available to parties (including on the website - www.accessdisputesrail.org - of the Access Disputes Committee (“ADC”) and that submissions shall be in accordance with this template format. This revision to the template has been adopted by the Access Disputes Committee, to go into force for all new submissions from 1st November 2005. References to Rules are to Part A of the Access Dispute Resolution Rules (annexe to the Network Code) unless otherwise stated. Text in normal font is to be considered as mandatory; text in italics is advisory, or by way of clarification, based upon issues that have arisen with previous submissions.
1 1.1
DETAILS OF PARTIES The names and addresses of the parties to the reference are as follows:(a) and (b) [Full company name] whose Registered Office is at [Full address] [Full Company name] whose Registered Office is at [Full address]
("[insert short form or abbreviation for Company name i.e. its initials]") ("the Claimant");
("[insert short form or abbreviation for Company name i.e. its initials]" ("the Respondent")). (c) different. Include correspondence address, contact details and e-mail address if
2 2.1
THE PARTIES’ RIGHT TO BRING THIS REFERENCE This matter is referred to an [Access Disputes Panel] or [Timetabling Panel] ("the
Panel") for determination in accordance with Condition [ ] of the [Network Code/National Station Access Conditions (England & Wales) (Scotland) /Depot Access Conditions*] *delete as appropriate. 2.2
3
CONTENTS OF REFERENCE The Parties have together produced this joint reference and it includes:(a) (b) (c) The subject matter of the dispute in Section 4; A summary of the issues in dispute in Section 5; A detailed explanation of the issues in dispute prepared by the claimant with
a paragraph by paragraph response from the respondent(s) in Section 6; (d) (e) Any further issues raised by the respondent in Section 7; The decisions of principle sought from the Panel in respect of legal
entitlement and remedies in Section 8; and
(f)
Appendices and other supporting material.
4
SUBJECT MATTER OF DISPUTE 4.1 4.2 4.3 The Part or Condition that the dispute relates to or is associated with is A copy of the relevant extract(s) from the document(s) referred to above is/are
attached at Annex / the reference is accompanied by indexed lever arch file(s) containing documents referred to in this Reference. 4.4 Details of any other documents that are relevant to the dispute. The relevant
parts must also be copied and annexed to this Reference.
5
SUMMARY OF DISPUTE 5.1 5.2 Relevant background information.
6
EXPLANATION OF EACH ISSUE IN DISPUTE WITH RESPONSE 6.1.1 6.1.2 6.2.1 6.2.2 …etc. Issue 1 by Claimant. Response to Issue 1 by Respondent. Issue 2 by Claimant. Response to Issue 2 by Respondent.
7
ANY FURTHER ISSUES RAISED 7.1 7.2 Respondent may list any further claim or issue that it wishes to be resolved. Response by Claimant.
8 8.1
DECISION SOUGHT FROM THE PANEL The Panel is asked to determine: (a) [List the matters of principle]
8.2
List any specific remedies. For example as a result of the decided principle(s) above,
the Claimant is to pay £X to the Respondent..
8.3
the Panel is asked to decide the following other issues –.
9
SIGNATURES
For and on behalf of l ____________________________________ Signed ____________________________________ Print name Position: Date: _________________________ _________________________
For and on behalf of l __________________________________ Signed __________________________________ Print name Position: Date: _______________________ _______________________
10
APPENDICES AND ANNEXES
All appendices and annexes should be bound into the submission, and should be consecutively page numbered.
11
SUPPLEMENTARY INFORMATION
All supplementary information should be bound into the submission, and should be consecutively page numbered. Where the information is only made available after the main submission has been submitted to Panel Members, the parties should ensure that the supplementary material is consecutively numbered, so as to follow on at the conclusion of the previous submission.