# The Tribunal Procedure (Upper Tribunal) Rules 2008, Paragraph 6: Exceptions to disclosure


(1) A list provided in accordance with paragraph 3(3), 4(3) or 5(1) need not include any document:
(a) that is material the disclosure of which for the purposes of or in connection with any legal proceedings is prohibited by section 56 of the Investigatory Powers Act 2016; or
(b) in respect of which an application has been or is being made under sub-paragraph (2).
(2) A party may apply to the Upper Tribunal (without giving notice to any other party) for a direction authorising the party making the application not to include in the list required by paragraph 3(3), 4(3) or 5(1) a document on the ground that disclosure of the document—
(a) would not be in the public interest; or
(b) should not otherwise be given.
(3) For the purpose of deciding an application by a party under sub-paragraph (2), the Upper Tribunal may—
(a) require the document to be produced to the Upper Tribunal together with a statement of the reasons why—
(i) in the case of an application under sub-paragraph (2)(a), its disclosure would not be in the public interest; or
(ii) in the case of an application under sub-paragraph (2)(b), its disclosure should not be given; and
(b) invite the other party to make representations.
(4) If the Upper Tribunal refuses an application under sub-paragraph (2), it must direct the party—
(a) to revise its list so as to include the document; and
(b) to send or deliver a copy of the revised list to the Upper Tribunal and to the other party.
(7) A party (“P”) who has sent or delivered a list under paragraph 3(3), 4(3) or 5(1) must, upon the request of the other party, provide that party with a copy of any document which P has which is specified in the list, or make it available for inspection or copying, and if P does not have it, tell the other party where to the best of P’s knowledge and belief it may be found.
(8) Sub-paragraph (7) does not apply to any document in respect of which a claim to legal professional privilege, or (in Scotland) to confidentiality of communications as between client and professional legal adviser, could be maintained in legal proceedings

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Source: https://www.legislation.gov.uk/uksi/2008/2698/schedule/4/paragraph/6 (the official version)
Page: https://openlegislation.uk/tribunal-procedure-upper-tribunal-rules-2008/schedule-4/paragraph-6
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.