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The Lands Tribunal Rules 1996

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Power to order discovery etc

34.—(1) The Tribunal, or subject to any directions given by the Tribunal, the registrar may, on the application of any party to the proceedings or of its or his own motion, order any party—

(a)to deliver to the registrar any document or information which the Tribunal may require and which it is in the power of the party to deliver;

(b)to afford to every other party to the proceedings an opportunity to inspect those documents (or copies of them) and to take copies;

(c)to deliver to the registrar an affidavit or make a list stating whether any document or class of document specified or described in the order or application is, or has at any time been in his possession, custody or power and stating when he parted with it;

(d)to deliver to the registrar a statement in the form of a pleading setting out further and better particulars of the grounds on which he intends to rely and any relevant facts or contentions;

(e)to answer interrogatories on affidavit relating to any matter at issue between the applicant and the other party;

(f)to deliver to the registrar a statement of agreed facts, facts in dispute and the issue or issues to be tried by the Tribunal; or

(g)to deliver to the registrar witness statements or proofs of evidence.

(2) Where an order is made under paragraph (1) the Tribunal or registrar may give directions as to the time within which any document is to be sent to the registrar (being at least 14 days from the date of the direction) and the parties to whom copies of the document are to be sent.

(3) Rule 38 shall apply to this rule as appropriate both in relation to applications and where the registrar acts of his own motion.

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