PART 3Proceedings before the Tribunal
CHAPTER 2Hearings
Decision with or without a hearing25
1
Subject to the following paragraphs, the Tribunal must hold a hearing before making a decision which disposes of proceedings unless—
a
each party has consented to, or has not objected to, the matter being decided without a hearing; and
b
the Tribunal considers that it is able to decide the matter without a hearing.
2
This rule does not apply to decisions under Part 4.
3
The Tribunal may in any event dispose of proceedings without a hearing under rule 8 (striking out a party’s case).
Entitlement to attend a hearing26
Subject to rule 28(4) (exclusion of a person from a hearing), each party to proceedings is entitled to attend a hearing.
Notice of hearings27
1
The Tribunal must give each party entitled to attend a hearing reasonable notice of the time and place of the hearing (including any adjourned or postponed hearing) and any changes to the time and place of the hearing.
2
The period of notice under paragraph (1) must be at least 14 days except that the Tribunal may give shorter notice—
a
with the parties’ consent; or
b
in urgent or exceptional circumstances.
Public and private hearings28
1
Subject to the following paragraphs, all hearings must be held in public.
2
The Tribunal may give a direction that a hearing, or part of it, is to be held in private.
3
Where a hearing, or part of it, is to be held in private, the Tribunal may determine who is permitted to attend the hearing or part of it.
4
The Tribunal may give a direction excluding from any hearing, or part of it—
a
any person whose conduct the Tribunal considers is disrupting or is likely to disrupt the hearing;
b
any person whose presence the Tribunal considers is likely to prevent another person from giving evidence or making submissions freely;
c
any person who the Tribunal considers should be excluded in order to give effect to a direction under rule 14(2) (withholding information likely to cause harm); or
d
any person where the purpose of the hearing would be defeated by the attendance of that person.
5
The Tribunal may give a direction excluding a witness from a hearing until that witness gives evidence.
Hearings in a party’s absence29
If a party fails to attend a hearing the Tribunal may proceed with the hearing if the Tribunal—
a
is satisfied that the party has been notified of the hearing or that reasonable steps have been taken to notify the party of the hearing; and
b
considers that it is in the interests of justice to proceed with the hearing.