Rule 15 Exceptions to disclosure
A party is not required to allow for the inspection of any document in a list under these Rules where inspection could not be compelled in a civil trial in England or Wales.
A party who can establish a ground in paragraph (3) may make a request to the Tribunal, without giving notice to any other party, for a direction under rule 3 (directions) authorising that party not to include a document in the list, or not to allow for the inspection of a document in the list, required by rule 18(4)(a) (Commission’s response), 19(3) (appellant’s reply) or 20(1) (secondary disclosure by Commission).
A party making a request under paragraph (2) must state in that request that a document should not be included or inspected on the ground that it—
would not be in the public interest;
may be prejudicial to national security; or
would not be fair having regard to the potential prejudice which may be caused to the legitimate interests of an appellant or a person other than an appellant.
For the purpose of deciding a request by a party under paragraph (2), the Tribunal may—
require that the document be produced to the Tribunal together with a statement of the reasons why it should not be included on a list or inspected as the case may be; and
without disclosing the document, invite any other person to make representations.