More for my own benefit but maybe of interest to others, upon reading a Lands Tribunal decision, an interesting comment concerning hearsay evidence was noted about hearsay evidence being allowed in a Residential Property Tribunal hearing which is where an appeal against prohibition orders, improvement notices etc. served by a local authority go:
There is however one apparent finding which straddles the borders of fact and law which should be noted. The RPT appears to have rejected evidence that EDF checked the electrical system for safety on the basis it was hearsay. There is no rule of law, practice or evidence that hearsay evidence will not be admitted in an RPT. Such weight of such evidence may be affected by the fact it is hearsay but it cannot be disregarded simply because it is hearsay, and if the RPT did reject that evidence (as it appears to have done) simply on the basis it was hearsay it was wrong to do so. [HH Judge Reid QC para 19 Luton Borough Council v Universal Group 6 April 2009 HA/6/2007]
