Rule 5 Disclosure and inspection of documentsI1
United Kingdom
In this rule “relevant document” means a document which is or has been in a party’s possession or control and—
is to be relied upon by that party in the proceedings;
adversely affects that party’s own case;
adversely affects another party’s case; or
supports another party’s case.
The Tribunal may give a direction that one or more parties must file and serve on any party a list of—
all relevant documents; or
relevant documents which relate to specified issues.
A list required under these Rules must indicate—
the documents in respect of which a right or duty to withhold inspection is claimed; and
the documents that are no longer in the party’s possession or control, and their current location.
A party may make a request under rule 3 (directions), without notice to the other party, to exclude a document from a list required under these Rules.
The Tribunal may make such directions as are necessary to determine any matters that arise under this rule including a direction—
for documents to be produced;
for a hearing to be held; and
inviting representations.
Any party to whom a direction under paragraph (2) applies must, if a document to which the direction applies comes to the party’s attention at any time during the proceedings immediately notify the Tribunal of that document.
Except where the matters in paragraph (8) apply, a party on whom a list has been served may inspect or take a copy of any document on that list on reasonable notice and at a reasonable time and place.
The matters referred to in paragraph (7) are that the—
document is no longer in the possession or control of the party who served the list; or
party who served the list has a right or duty to withhold inspection of the document.
Unless otherwise permitted by a direction, any document provided to the Tribunal or to a party under these Rules may only be used for the purpose of the proceedings in which it was disclosed.
No person may be compelled to produce any document that they could not be compelled to produce on a trial of an action in a court of law in the part of the United Kingdom where the proceedings are due to be determined.
Annotations
Commencement
- I1
Rule 5 in force at 6.4.2008, see rule 1