Article 26 Late written evidence
A party may rely on further written evidence which satisfies the conditions set out in paragraph (2) unless the Tribunal, after considering any representations from the other party, is of the opinion that it would be contrary to the interests of justice.
The conditions to be satisfied in paragraph (1) are that—
the evidence was not, and could not reasonably have been, available to that party before the expiry of the period for filing a statement of case (in the case of the Commission) or a reply (in the case of the appellant);
a copy of the evidence was filed by the party and sent by the Tribunal to the other party, to arrive at least 7 working days before the hearing; and
the extent and form of the evidence is such that, in the opinion of the Tribunal, it is not likely to impede the efficient conduct of the hearing.
If the conditions in paragraph (2) are not satisfied, the Tribunal may nevertheless give a party permission to rely on further written evidence at the hearing if it is of the opinion that it is in the interests of justice to do so.
Before the hearing the Tribunal may refer to copies of evidence sent to the Tribunal under paragraph (2)(b) for the purpose of considering whether or not it satisfies the conditions in paragraph (2)(a), (b) and (c).
If the evidence is not admitted the Tribunal must disregard it in determining the appeal.