Evidence and submissions

The Upper Tribunal can give orders about evidence and submissions, including orders about the following:

• the issues on which the parties can provide fresh evidence or make submissions and the nature of this evidence
• whether the parties are allowed to provide expert evidence. If this is the case, then the Upper Tribunal can decide if the parties must jointly appoint a single expert to provide the evidence
• any limit on the number of witnesses whose evidence a party may put forward
• the manner in which any evidence or submissions are to be provided. For example, this is if they should be given orally at a hearing or by written submissions or witness statements
• the time when the evidence or submissions must be provided.

The Upper Tribunal can exclude evidence if:

• the evidence was not provided within the time allowed and without reasonable excuse
• the evidence was provided in a manner that did not comply with an order or a practice direction of the Tribunal and without reasonable excuse
• it considers that it would be unfair to admit the evidence.