Paragraph 16 Evidence and submissionsI1

Scotland

(1)

Without restriction on the general powers in rule 5(1) and (2) (case management powers), the First-tier Tribunal may give orders as to—

(a)

issues on which it requires evidence or submissions;

(b)

the nature of any such evidence;

(c)

whether the parties are permitted or required to provide expert evidence, and if so whether the parties must jointly appoint a single expert to provide such evidence;

(d)

any limit on the number of witnesses whose evidence a party may put forward, whether in relation to a particular issue or generally;

(e)

the manner in which any evidence or submissions are to be provided, which may include an order for them to be given—

(i)

orally at a hearing; or

(ii)

by written submissions or witness statement; and

(f)

the time at which any evidence or submissions are to be provided.

(2)

The First-tier Tribunal may exclude evidence that would otherwise be admissible where—

(a)

the evidence was not, without reasonable excuse, provided within the time allowed by an order or a practice direction.

(b)

the evidence was otherwise, without reasonable excuse, provided in a manner that did not comply with an order or a practice direction; or

(c)

it would otherwise be unfair to admit the evidence.

(3)

The First-tier Tribunal may consent to a witness giving, or require any witness to give, evidence on oath, and may administer an oath for that purpose.

Annotations

Commencement

I1: Sch. para. 16 in force at 24.4.2017, see reg. 1(2)