Article 18 Application for new evidence to be admitted

(1)

An application by the respondent to the Dean for permission to put evidence before the appellate court which was not before the tribunal shall be made in writing in form A4 in the Schedule, or in a document which is substantially to the like effect, and shall—

(a)

identify the new evidence,

(b)

explain why the evidence was not before the tribunal,

(c)

explain the relevance and importance of the new evidence in relation to the matters determined by the tribunal and the issues raised in the appeal, and

(d)

contain a declaration that the party making the application believes the facts of the application to be true.

(2)

The Designated Officer shall adapt form A4 as appropriate when making such an application.

(3)

Where the application relates to evidence from a new witness, the party making the application shall attach to the application a copy of a statement from the witness setting out the proposed evidence, and the witness statement shall—

(a)

indicate which matters in it come from the witness’s own knowledge, and which are matters of information or belief,

(b)

indicate the source of any matters of information or belief,

(c)

contain a declaration of truth in the following form—

“I believe that the contents of this witness statement are true”, and

(d)

be signed and dated by the author.

(4)

The party making the application shall send or deliver to the other party a copy of the application and any attached witness statement.

(5)

Before determining the application the Dean shall give the other party at least 14 days within which to make written representations in response to the application, and the other party shall send or deliver to the party making the application a copy of any such representations.

(6)

The Dean may determine the application with or without a hearing. Subject to sub-rule (7) the Dean may grant or refuse the application or in exceptional circumstances may refer it to the appellate court for determination.

(7)

The Dean or the appellate court may permit evidence that was not before the tribunal to be put before the appellate court, provided the Dean or the appellate court, as the case may be, is satisfied that—

(a)

the evidence was not available and could not reasonably have been obtained for the tribunal hearing,

(b)

the evidence, if it had been before the tribunal, could have had an important bearing on the determination of the matters before it, and

(c)

the evidence appears to be credible.