- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made).
62.—(1) This rule applies where an application is made to the Tribunal for disclosure before proceedings have started.
(2) The application shall be supported by evidence.
(3) The Tribunal may make an order under this rule only where—
(a)the respondent, or an associated body corporate (as defined in section 256 of the Companies Act 2006(1)), is likely to be a party to subsequent proceedings;
(b)the applicant is also likely to be a party to those proceedings;
(c)disclosure before proceedings have started is desirable in order to—
(i)dispose fairly of the anticipated proceedings;
(ii)assist the dispute to be resolved without proceedings; or
(iii)save costs; and
(d)the Tribunal would, if proceedings had started, have ordered disclosure under rule 60.
(4) An order under this rule shall—
(a)specify the documents or the classes of documents which the respondent shall disclose; and
(b)require the respondent, when making disclosure, to specify any of those documents—
(i)which are no longer in its control; or
(ii)in respect of which it claims a right or duty to withhold disclosure.
(5) Such an order may—
(a)require the respondent to indicate what has happened to any documents which are no longer in its control; and
(b)specify the time and place for disclosure.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: