Article 8 Exceptions to disclosure

(1)

A list provided in accordance with rule 5(4)(a), 6(3) or 7(1) need not include any document in respect of which an application has been or is being made under paragraph (2).

(2)

A party who can establish a ground in paragraph (3) may apply to the Tribunal (without giving notice to the other party) for a direction authorising that party not to include a document in the list required by rule 5(4)(a), 6(3) or 7(1).

(3)

A party making an application under paragraph (2) must state in that application that a document should not be disclosed on the ground that—

(a)

disclosure would not be in the public interest;

(b)

the document contains commercially sensitive information;

(c)

disclosure could not be compelled in a civil trial in England or Wales; or

(d)

disclosure would not be fair, having regard to—

(i)

the likely significance of the document to the appellant in relation to the matter referred to the Tribunal; and

(ii)

the potential prejudice to the legitimate interests of a person other than the appellant, which would be caused by disclosure of the document.

(4)

For the purpose of deciding an application 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 in the list; and

(b)

invite the other party to make representations.

(5)

The Tribunal shall not grant an application under paragraph (2) unless it is satisfied that in all the circumstances it would be in the interests of justice to do so.

(6)

If the Tribunal refuses an application under paragraph (2) for a direction authorising a party not to include a document in a list, it must direct that party—

(a)

to revise the list so as to include the document; and

(b)

to file a copy of that list as revised and send a copy to the other party.