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.