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The Education Tribunal for Wales Regulations 2021
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- Wales Statutory Instruments
- 2021 No. 406 (W. 132)
- Regulation 5
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Parties’ obligation to co-operateE+W
5.—(1) Parties must—
(a)co-operate with each other for the purposes of progressing the appeal or the claim,
(b)co-operate in the exchange of documents or information with each other to enable each party to prepare a case statement,
(c)help the President, or the tribunal panel, to further the overriding objective of these Regulations, and
(d)co-operate with the President and the tribunal panel generally.
(2) The President, or the tribunal panel, may draw such adverse inferences as they think fit from a party’s failure to comply with any of the obligations specified in paragraph (1).
(3) Where the President or the tribunal panel has drawn an adverse inference under paragraph (2), they may direct the Secretary of the Tribunal to serve notice on the party in default that it is proposed to make an order to strike out—
(a)the appeal, where the party in default is the appellant,
(b)the claim, where the party in default is the claimant, or
(c)the case statement and written evidence, where the party in default is the local authority, FEI governing body or the responsible body.
(4) The notice in paragraph (3) must invite representations and the President, or the tribunal panel, must consider any representations made.
(5) For the purposes of this regulation—
(a)a notice inviting representations must inform the party in default that the party may, within a period (no later than 10 working days beginning with the date on which the notice is sent) specified in the notice, either make written representations or request an opportunity to make oral representations, and
(b)representations are made if—
(i)in the case of written representations, they are made within the specified period, and
(ii)in the case of oral representations, the party proposing to make them has requested an opportunity to do so within the specified period.
(6) The President or the tribunal panel may, after considering any representations made by the party in default, order that the party’s case is struck out.
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