The Upper Tribunal for Scotland (Rules of Procedure) Regulations 2016

Evidence and submissions

18.—(1) Without restriction on the general powers in rule 7(1) and (2) (case management powers), the Upper Tribunal may give orders as to—

(a) subject to paragraph (4), issues on which parties may lead fresh evidence or make submissions;

(b) the nature of any such evidence;

(c) 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;

(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.

(4) Fresh evidence may only be led in an appeal if the Upper Tribunal is satisfied—

(a) that the evidence—

(i) could not have been obtained with reasonable diligence at the First-tier Tribunal stage;

(ii) is relevant and will probably have an important influence on the hearing; and

(iii) is apparently credible; or

(b) that the interests of justice justify the evidence being led.