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The Solicitors (Disciplinary Proceedings) Rules 2019

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Evidence generally and service and sending of Evidence and bundles

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27.—(1) Without prejudice to the general powers in Parts 2 and 3 of these Rules the Tribunal may give directions in relation to an application relating to any of the following—

(a)the exchange between parties of lists of documents which are relevant to the application, or relevant to particular issues, and the inspection of such documents;

(b)the provision by parties of statements of agreed matters;

(c)issues on which the Tribunal requires evidence or submissions;

(d)the nature and manner of the evidence or submissions that the Tribunal requires;

(e)the time at which any evidence or submissions are to be sent;

(f)the time to be allowed during the hearing for the presentation of any evidence or submission.

(2) The Tribunal may—

(a)admit any evidence whether or not it would be admissible in a civil trial in England and Wales;

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

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

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

(iii)it would otherwise be unfair, disproportionate or contrary to the interests of justice to admit the evidence.

(3) Unless otherwise directed by the Tribunal, in cases where the Society is the applicant, it must send five copies of a paginated hearing bundle to the Tribunal no later than 14 days before the date listed for the substantive hearing.

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