The Financial Services and Markets Tribunal Rules 2001

Procedure at hearings

19.—(1) Subject to the Act and these Rules, the Tribunal shall conduct all hearings under these Rules in such manner as it considers most suitable to the clarification of the issues before it and generally to the just, expeditious and economical determination of the proceedings.

(2) Subject to any directions by the Tribunal, the parties shall be entitled—

(a) to give evidence (and, with the consent of the Tribunal, to bring expert evidence);

(b) to call witnesses;

(c) to question any witnesses; and

(d) to address the Tribunal on the evidence, and generally on the subject matter of the reference.

(3) Evidence may be admitted by the Tribunal whether or not it would be admissible in a court of law and whether or not it was available to the Authority when taking the referred action.

(4) If a party fails to attend or be represented at any hearing of which it has been duly notified, the Tribunal may, if it is satisfied that there is no good and sufficient reason for the absence—

(a) in the case of the hearing of the reference, hear and determine the reference in the party’s absence; or

(b) in the case of any other hearing, give any direction, determine any issue or adjourn the hearing.