Defra (Department for Environment, Food and Rural Affairs) - logo: link to home page

Farming

Home | Contact Defra | About Defra | News | Access to information | Links | Search | Site A-Z
Homepage > Farming > Working in farming > Tenancies > Agricultural Land Tribunals > The Agricultural Land Tribunals Rules 1978 - continued

The Agricultural Land Tribunals Rules 1978 - continued

Previous Contents Next

EVIDENCE

Evidence
    28. (1) The tribunal may admit evidence notwithstanding that it would not be admissible in a court of law.

    (2) Evidence before the tribunal may be given -

(a)
  orally, on oath or on affirmation or otherwise,
(b)
  by affidavit, if the parties consent, or
(c)
  by means of written statements produced by the maker when giving evidence or, if the tribunal consent, by another witness.

    (3) At any stage of the proceedings the tribunal may, of their own motion or on the application of any party, order the personal attendance of a deponent or of the maker of any written statement for examination and cross-examination, or admit any map, plan or other document in evidence.

Witnesses
    29. (1) The tribunal shall give each party an opportunity to call witnesses and to cross-examine any witness called by or on behalf of any other party and to re-examine his own witnesses after cross-examination, and a party may, if he so desires, give evidence as a witness on his own behalf.

    (2) The tribunal may call a witness who may, after giving evidence, be cross-examined by any party.

    (3) The tribunal may require any witness to give evidence on oath or affirmation.

    (4) The provisions of the County Court Rules 1936 as to the issuing of witness summonses shall apply for the purposes of any proceedings before the tribunal as they apply for the purposes of an arbitration under the 1948 Act.

Inspection of land
    30. (1) The tribunal may enter on and inspect an agricultural holding owned or occupied by any party (whether the holding is the subject of the proceedings or not) and inspect any fixed or other equipment, produce or livestock thereon.

    (2) Notice of the tribunal's intention to inspect a holding shall be given by the secretary to all parties and to any other occupier of the holding and, unless given orally at the hearing, shall be given in writing at least twenty-four hours before the intended entry.

    (3) The parties, their representatives and expert witnesses and any other occupier of the holding may attend the inspection.

  Page last modified: 6 July, 2006
Page published: 1 April, 2004
Top | Help | Feedback | Access Keys | Copyright/Terms | Privacy   Department for Environment, Food and Rural Affairs