The Tribunal Procedure (Upper Tribunal) Rules 2008

[F1 Exceptions to disclosure

7.— (1) A list provided in accordance with paragraph 4(3)[F2 , 4A(6)] or 6(1) need not include any document that relates to a case involving a person other than the applicant which was taken into account by the respondent [F3 providing the list] in the applicant’s case only for the purposes of comparison with other cases.

(2) A list provided in accordance with paragraph 4(3)[F4 , 4A(6)], 5(3) or 6(1) need not include any document that is material the disclosure of which for the purposes of or in connection with any legal proceedings is prohibited by section 17 of the Regulation of Investigatory Powers Act 2000.

(3) A list provided in accordance with paragraph 4(3)[F5 , 4A(6)], 5(3) or 6(1) need not include any document in respect of which an application has been or is being made under sub-paragraph (4).

(4) A party may apply to the Upper Tribunal (without giving notice to any other party) for a direction authorising the party making the application not to include in the list required by paragraph 4(3)[F6 , 4A(6)], 5(3) or 6(1) a document on the ground that disclosure of the document—

(a) would not be in the public interest; or

(b) would not be fair, having regard to—

(i) the likely significance of the document to the applicant in relation to the matter referred to the Upper Tribunal; and

(ii) the potential prejudice to the commercial interests of a person other than the applicant which would be caused by disclosure of the document.

(5) For the purpose of deciding an application by a party under sub-paragraph (4), the Upper Tribunal may—

(a) require the document to be produced to the Upper Tribunal together with a statement of the reasons why its inclusion in the list would—

(i) in the case of an application under sub-paragraph (4)(a), not be in the public interest; or

(ii) in the case of an application under sub-paragraph (4)(b), not be fair; and

(b) invite any other party to make representations.

(6) If the Upper Tribunal refuses an application under sub-paragraph (4), it must direct the party—

(a) to revise its list so as to include the document; and

(b) to send or deliver a copy of the revised list to the Upper Tribunal and to any other party.

[F7 (7) A party (“P”) who has sent or delivered a list under paragraph 4(3), 4A(6), 5(3) or 6(1) must, upon the request of another party, provide that other party with a copy of any document which P has which is specified in the list, or make it available for inspection or copying, and if P does not have it, tell the other party where to the best of P’s knowledge and belief it may be found.]

(8) Sub-paragraph (7) does not apply to any document that is a protected item.

(9) In this paragraph “protected item” has the meaning provided by section 413 of the 2000 Act, section 311(2) of the Pensions Act 2004 or article 283(2) of the Pensions (Northern Ireland) Order 2005 [F8 or regulation 52(2) of the 2013 Regulations or regulation 51(2) of the 2013 (NI) Regulations].]

Textual Amendments

F1 Sch. 3 inserted (6.4.2010) by The Tribunal Procedure (Upper Tribunal) (Amendment) Rules 2010 (S.I. 2010/747), rules 1, 13

F2 Words in Sch. 3 para. 7(1) inserted (1.4.2013) by The Tribunal Procedure (Amendment No. 2) Rules 2013 (S.I. 2013/606), rules 1, 2(11)(a)(i)

F3 Words in Sch. 3 para. 7(1) inserted (1.4.2013) by The Tribunal Procedure (Amendment No. 2) Rules 2013 (S.I. 2013/606), rules 1, 2(11)(a)(ii)

F4 Words in Sch. 3 para. 7(2) inserted (1.4.2013) by The Tribunal Procedure (Amendment No. 2) Rules 2013 (S.I. 2013/606), rules 1, 2(11)(b)

F5 Words in Sch. 3 para. 7(3) inserted (1.4.2013) by The Tribunal Procedure (Amendment No. 2) Rules 2013 (S.I. 2013/606), rules 1, 2(11)(c)

F6 Words in Sch. 3 para. 7(4) inserted (1.4.2013) by The Tribunal Procedure (Amendment No. 2) Rules 2013 (S.I. 2013/606), rules 1, 2(11)(d)

F7 Sch. 3 para. 7(7) substituted (1.4.2013) by The Tribunal Procedure (Amendment No. 2) Rules 2013 (S.I. 2013/606), rules 1, 2(11)(e)

F8 Words in Sch. 3 para. 7(9) inserted (6.4.2014) by The Tribunal Procedure (Amendment) Rules 2014 (S.I. 2014/514), rules 1, 13(d)