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The Tribunal Procedure (Upper Tribunal) Rules 2008

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This is the original version (as it was originally made).

Evidence and submissions

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15.—(1) Without restriction on the general powers in rule 5(1) and (2) (case management powers), the Upper Tribunal may give directions as to—

(a)issues on which it requires evidence or submissions;

(b)the nature of the evidence or submissions it requires;

(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 a direction 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—

(a)admit evidence whether or not—

(i)the evidence would be admissible in a civil trial in the United Kingdom; or

(ii)the evidence was available to a previous decision maker; or

(b)exclude evidence that would otherwise be admissible where—

(i)the evidence was not provided within the time allowed by a direction or a practice direction;

(ii)the evidence was otherwise provided in a manner that did not comply with a direction or a practice direction; or

(iii)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, and may administer an oath for that purpose.

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