Adverse inferencesE+W
This section has no associated Explanatory Memorandum
33. Where a respondent fails to—
(a)send or serve an Answer in accordance with a direction under rule 20(2)(b); or
(b)give evidence at a substantive hearing or submit themselves to cross-examination;
and regardless of the service by the respondent of a witness statement in the proceedings, the Tribunal is entitled to take into account the position that the respondent has chosen to adopt and to draw such adverse inferences from the respondent’s failure as the Tribunal considers appropriate.