A tribunal may take into account its observations of a party's in-court behaviour (including demeanour outside the witness box) for fact-finding purposes, provided the party is given adequate notice that such observations may be relied upon and a fair opportunity to respond, including by calling evidence or making submissions. The notice requirement is flexible and based on commonsense, and may be satisfied by a combination of a formal warning early in proceedings and specific identification of the conduct relied upon in written submissions before closing addresses. Blanket non-publication orders by the Medical Tribunal are contrary to the statutory requirement for case-by-case assessment.
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