Mst and Others (Disclosure – Restrictions – Implied Undertaking : Eritrea): UTIAC 10 May 2016

(i) In some cases the overriding objective will dictate that the respondent’s skeleton argument is served in advance of that of the appellant.
(ii) The test for disclosure is whether receipt of the material in question is necessary for the just and fair disposal of the appeal.
(iii) Where uncorroborated and/or anonymous evidence is received, the Tribunal’s task is to scrutinise it with caution and to attribute such weight as is considered appropriate.
(iv) Documents obtained by a party pursuant to disclosure or production orders or directions are produced under coercion and, in consequence, are received subject to certain restrictions. In particular, they must not be deployed by the receiving party for any collateral or ulterior purpose not reasonably necessary for the proper conduct of the proceedings.
(v) The so-called implied undertaking, reflected in [iv] above, applies in Tribunal proceedings. However, it may be subject to modification to reflect (a) that the primacy of protecting a party’s private documents and invading a party’s privacy does not apply with full force in such proceedings, particularly where the custodian is the Secretary of State, (b) the duty of candour owed to the Tribunal and (c) the inquisitorial dimension of Tribunal proceedings.
(vi) In matters of disclosure and the provision and exchange of evidence, all parties are subordinated to the authority of the Tribunal, which is the ultimate arbiter of all procedural and substantive issues.


[2016] UKUT 337 (IAC)




England and Wales


Updated: 31 January 2022; Ref: scu.569342