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Compensation (Defence) Act 1939

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9Incidental powers of tribunals

(1)Each of the tribunals constituted under this Act shall have the following powers, that is to say:—

(a)to make, with the concurrence of the Lord Chancellor, rules prescribing the procedure for notifiying, presenting and hearing claims and all matters incidental thereto;

(b)to order persons to attend and give evidence, and to produce and give discovery and inspection of documents, in like manner as in proceedings in the High Court;

(c)to award and assess, or direct the assessment of, such sums by way of costs as the tribunal in its discretion thinks just, and in particular to award costs to an unsuccessful claimant where such an award appears to the tribunal to be justified on the merits of the case;

(d)to call in the aid of one or more assessors specially qualified, and hear any claim wholly or partly with their assistance;

(e)to appoint an expert or experts to report on any matter material to the hearing of any claim;

(f)to determine, subject to the approval of the Treasury, the remuneration, if any, of such assessors and experts.

(2)Rules made in pursuance of paragraph (a) of the preceding subsection may contain provisions authorising a tribunal to take into consideration any matter which the tribunal considers relevant to the subject of the inquiry before it, notwithstanding that the matter is not admissible in evidence under the law relating to evidence.

(3)The High Court shall have, for the purposes of and in relation to any proceedings under this Act, the same power of making orders in respect of any of the matters specified in paragraph (b) of subsection (1) of this section as it has for the purpose of and in relation to an action or matter in that Court.

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