6Standard list of documents

6 Standard list of documents

6 Standard list of documents

(1) If party B—

(a) has filed with the Tribunal a standard list of documents, affidavit, certificate and undertaking, and

(b) in its appearance or, if no appearance is filed, in its defence elects to rely on the standard list of documents as compliance with any order for discovery made under Rule 4 against it in the proceedings,

then, if such an order for discovery is made and the Tribunal does not otherwise direct, the standard list of documents, affidavit and certificate shall be party B’s list of documents, affidavit and certificate in the proceedings for the purposes of Rule 4.

(2) Where subrule (1) takes effect in respect of an order for discovery, the Tribunal may order that it cease to have effect and that party B comply with the order for discovery as though no standard list of documents had been filed.

(3) A standard list of documents filed under subrule (1) must be a list, complying with Rule 4, of all the documents (other than excluded documents) which might reasonably be specified in an order for discovery made against party B in proceedings in the Tribunal and which—

(a) are in the possession, custody or power of party B, or

(b) are not, but have been, in the possession, custody or power of party B.

(4) An affidavit filed under subrule (1) must be an affidavit as referred to in Rule 4.

(5) A certificate filed under subrule (1) must be a certificate as referred to in Rule 4.

(6) An undertaking filed under subrule (1) must be party B’s undertaking that—

(a) party B waives any objection to the use of the standard list and of copies of any of the documents in the standard list, in proceedings in the Tribunal against party B, on the ground that the standard list or any of the documents has been the subject of an order for discovery in other proceedings, and

(b) if party B becomes aware—

(i) that any document which should, under subrule (3), be included in part 1 of the standard list, but which is not so included, is within, or has come into, party B’s possession, custody or power, or

(ii) that any document included in part 1 of the standard list which was claimed to be a privileged document was not, or has ceased to be, a privileged document,