Regulation 18 Evidence
The appeal panel may give directions as to—
the provision by the parties of statements of agreed matters and statements of matters which are not agreed,
the issues on which it requires evidence, and the admission or exclusion from the proceedings of particular evidence,
the nature of the evidence which it requires to decide those issues,
whether the parties are permitted to provide expert evidence,
any limits on the number of witnesses whose evidence a party may put forward, whether in relation to a particular issue or generally, and
the way in which evidence is to be placed before the appeal panel.
In deciding whether to admit or exclude evidence, the appeal panel must have regard to whether it would be just and proportionate to do so, taking into account—
the statutory provision under which the appeal is brought and the standard of review being applied by the appeal panel,
whether or not the substance of the evidence was available to the respondent before the decision which is the subject of the appeal was taken,
the prejudice that may be suffered by one or more parties if the evidence is admitted or excluded, and
whether the evidence is necessary to enable the appeal panel to determine the appeal.
Unless the appeal panel directs otherwise, no witness of fact or expert witness may be heard unless the relevant witness statement or expert report has been submitted in advance of the hearing and in accordance with any directions of the appeal panel.
The appeal panel may require witnesses to give evidence on oath or affirmation or if in writing by way of affidavit.
The appeal panel may allow a witness to give evidence through a video link or by other means of remote communication.
The appeal panel may dispense with the need to call a witness to give oral evidence if a witness statement or expert report has been submitted in respect of that witness.
The appeal panel may limit cross-examination of witnesses to any extent or in any manner it considers appropriate.
The requirements set out in paragraphs 2 to 23 of Practice Direction 32 to the Civil Procedure Rules 1998f1 apply to affidavits, exhibits, witness statements and other evidence given during the course of an appeal to the appeal panel under these Regulations as they apply to evidence submitted for proceedings in court.
For the purposes of paragraph (8), references in Practice Direction 32—
to the court are to be treated as references to the appeal panel;
to filing documents at court are to be treated as references to filing them with the secretary to the appeal panels;
to court officers are to be treated as references to the secretary to the appeal panels;
to the claim form are to be treated as references to the notice of appeal.