The Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005

Written questions to experts

11.—(1) Where any expert (including an independent expert) has prepared a report, a party or any other expert (including an independent expert) involved in the proceedings may put written questions about the report to the expert who has prepared the report.

(2) Unless the tribunal or chairman agrees otherwise, written questions under paragraph (1) –

(a) may be put once only;

(b) must be put within 28 days of the date on which the parties were sent the report;

(c) must be for the purpose only of clarifying the factual basis of the report; and

(d) must be copied to all other parties and experts involved in the proceedings at the same time as they are sent to the expert who prepared the report.

(3) When written questions have been put to an expert in accordance with paragraph (2) he shall answer those questions within 28 days of receiving them.

(4) An expert’s answers to questions put in accordance with paragraph (2) shall be treated as part of the expert’s report.

(5) Where a party has put a written question in accordance with this rule to an expert instructed by another party and the expert does not answer that question, or does not do so within 28 days, the tribunal may order that the party instructing the expert may not rely on the evidence of that expert.