Paragraph 18 Evidence and submissions

(1)

Without restriction on the general powers in rule 8(1) and (2) (case management powers), the Upper Tribunal may give orders as to—

(a)

issues on which parties may lead fresh evidence or make submissions;

(b)

the nature of any such evidence;

(c)

whether the parties are permitted 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 Upper 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 Upper Tribunal may consent to a witness giving, or require any witness to give, evidence on oath or affirmation, and may administer an oath or affirmation for that purpose.