(1) Subject to subsection (2)—
(a) section 84 does not apply in relation to evidence adduced by a party; and
(b) evidence adduced by a party to which section 86 applies is not admissible,
unless that party has given notice in writing in accordance with the Regulations to each other party of the intention to adduce the evidence.
(2) The court may, on the application of a party and subject to conditions, direct that section 84 or 85 is, or both are to apply—
(a) despite the failure of the party to give such notice; or
(b) in relation to specified evidence, with such modifications as the court thinks fit.