Article 15 Exceptions to disclosureI1

Northern Ireland

(1)

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 Northern Ireland.

(2)

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 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), 19(3) or 20(1).

(3)

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—

(a)

would not be in the public interest;

(b)

may be prejudicial to national security; or

(c)

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.

(4)

For the purpose of deciding a request by a party under paragraph (2), the Tribunal may—

(a)

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

(b)

without disclosing the document, invite any other person to make representations.

Annotations

Commencement

I1: Rule 15 in operation at 1.4.2010, see rule 1