OpenLegislation

Article 30 Evidence and submissions

Original text. Later amendments are not shown.

(1)

The Tribunal may give directions on—

(a)

the issues which require evidence or submissions,

(b)

the nature of the evidence or submissions required,

(c)

any limitations on evidence or submissions which are consistent with the overriding objective,

(d)

whether the parties are permitted or required to provide expert evidence, and if so whether the parties must jointly appoint a single expert to provide such evidence,

(e)

the manner in which any evidence or submissions are to be provided, which may include a direction for them to be given—

(i)

orally at a hearing, or

(ii)

by written submissions or witness statement, and

(f)

the time by which any evidence or submissions are to be provided.

(2)

The Tribunal may consider a failure by a person who is a party to the application to comply with a requirement made under paragraph (1), in the absence of any good reason for such failure, as a failure to co-operate with the Tribunal.

(3)

The Tribunal may—

(a)

subject to sub-paragraph (b)(iii), admit any relevant evidence, whether or not that evidence would be admissible in a civil trial in England or Wales,

(b)

exclude evidence that would otherwise be admissible where—

(i)

the evidence was not provided within the time allowed by a direction,

(ii)

the evidence was otherwise provided in a manner that did not comply with a direction, or

(iii)

it would otherwise be unfair to admit the evidence.