The Welsh Language Tribunal Rules 2015

Parties’ obligation to co-operate

5.—(1) Parties must—

(a) co-operate with each other for the purposes of progressing the case,

(b) co-operate in giving documents or information to each other to enable each party to prepare a case statement,

(c) help the Tribunal to further the overriding objective, and

(d) co-operate with the Tribunal generally.

(2) The Tribunal may draw such adverse inferences as the Tribunal thinks fit from a party’s failure to comply with any of the obligations specified in paragraph (1).

(3) Where the Tribunal has made an adverse inference under paragraph (2), the Tribunal may serve notice on the party in default that the tribunal panel is proposing to make an order to strike out—

(a) the application, where the party in default is the applicant,

(b) the case statement and written evidence, where the party in default is the Commissioner or any other party.

(4) The notice in paragraph (3) must invite representations and the Tribunal must consider any representations made.

(5) For the purposes of this rule—

(a) a notice inviting representations must inform the party in default that the party may, within a period (no later than 10 working days) specified in the notice, either make written representations or request an opportunity to make oral representations,

(b) representations are made if—

(i) in the case of written representations, they are made within the specified period, and

(ii) in the case of oral representations, the party proposing to make them has requested an opportunity to do so within the specified period.

(6) The Tribunal may, after considering any representations made by the party in default, order that that party’s case be struck out.