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Paragraph 67 Supplementary note

Original text. Later amendments are not shown.

(1)

This rule applies where a party contends that, in relation to a material issue relevant to a ground of appeal—

(a)

a reference to evidence in any note appended to the decision appealed against (including any narrative of findings at inspection appended to that note) is inaccurate or incomplete;

(b)

any finding in fact in such a note is not justified by evidence led; or

(c)

that, on the basis of evidence, some other finding of fact should have been made.

(2)

On a party so contending the divisional court may, after or without considering submissions by any of the parties and after such further procedure, if any, as it considers requisite, issue a supplementary note—

(a)

responding to the contention; and

(b)

making such relevant additions, deletions or other changes, if any, as it thinks fit to the note (or appended narrative).

(3)

When issuing a supplementary note under paragraph (2), the court is to send a copy of it to each of the parties to the appeal.

(4)

Within 2 weeks after receiving such a copy a party who seeks—

(a)

a proof for the purpose of establishing the nature and content of the evidence which was led before the divisional court; or

(b)

an inspection of the land which constitutes the subjects of the appeal,

is to intimate to the Principal Clerk that the proof or inspection is sought.

(5)

On the Principal Clerk’s receipt of such intimation the court may—

(a)

allow, or refuse to allow, the proof or inspection; or

(b)

defer consideration of the matter until such time (which may include a time during the course of hearing the appeal) as appears to the court appropriate.