Article 8 Exceptions to disclosure

(1)

A list provided in accordance with rule 5(3)(a), 6(3) or 7(1) need not include any document in respect of which an application has been or is being made under paragraph (2).

(2)

A party may apply to the Tribunal (without giving notice to the other party) for a direction authorising that party not to include a document in the list required by rule 5(3)(a), 6(3) or 7(1) on the ground that disclosure of the document—

(a)

would not be in the public interest; or

(b)

would not be fair, having regard to—

(i)

the likely significance of the document to the applicant in relation to the matter referred to the tribunal; and

(ii)

the potential prejudice to the commercial interests of a person other than the applicant which would be caused by disclosure of the document.

(3)

For the purpose of deciding an application by a party under paragraph (2), the Tribunal may—

(a)

require that the document be produced to the Tribunal together with a statement of the reasons why it should not be included in the list; and

(b)

invite the other party to make representations.

(4)

If the Tribunal refuses an application under paragraph (2) for a direction authorising a party not to include a document in a list, it shall direct that party—

(a)

to revise the list so as to include the document; and

(b)

to file a copy of that list as revised and send a copy to the other party.