The court will, however, exercise its power if the tribunal has behaved unfairly in a way that has caused substantial injustice. (newlawjournal.co.uk)
The claim must then be struck out unless by doing so the claimant would suffer substantial injustice. (newlawjournal.co.uk)
In such circumstances, application of a rule of evidence to exclude such material unless it is evidence of general reputation may work substantial injustice. (humanrights.gov.au)