PART 3Proceedings before the Tribunal
CHAPTER 2Hearings
Decision with or without a hearing27
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).
4
In a criminal injuries compensation case—
a
the Tribunal may make a decision which disposes of proceedings without a hearing; and
b
subject to paragraph (5), if the Tribunal makes a decision which disposes of proceedings without a hearing, any party may make a written application to the Tribunal for the decision to be reconsidered at a hearing.
5
An application under paragraph (4)(b) may not be made in relation to a decision—
a
not to extend a time limit;
b
not to set aside a previous decision;
c
not to allow an appeal against a decision not to extend a time limit; or
d
not to allow an appeal against a decision not to reopen a case.
6
An application under paragraph (4)(b) must be received within 1 month after the date on which the Tribunal sent notice of the decision to the party making the application.
Entitlement to attend a hearing28
Subject to rule 30(5) (exclusion of a person from a hearing), each party to proceedings is entitled to attend a hearing.
Notice of hearings29
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—
a
in an asylum support case the Tribunal must give at least 1 day's and not more than 5 days' notice; and
b
the Tribunal may give shorter notice—
i
with the parties' consent; or
ii
in urgent or exceptional circumstances.
Public and private hearings30
1
Subject to the following paragraphs, all hearings must be held in public.
2
A hearing in a criminal injuries compensation case must be held in private unless—
a
the appellant has consented to the hearing being held in public; and
b
the Tribunal considers that it is in the interests of justice for the hearing to be held in public.
3
The Tribunal may give a direction that a hearing, or part of it, is to be held in private.
F23A
Without prejudice to paragraph (3), the Tribunal may direct that a hearing, or part of it, is to be held in private if—
a
the Tribunal directs that the proceedings are to be conducted wholly or partly as video proceedings or audio proceedings;
b
it is not reasonably practicable for such a hearing, or such part, to be accessed in a court or tribunal venue by persons who are not parties entitled to participate in the hearing;
c
a media representative is not able to access the proceedings remotely while they are taking place; and
d
such a direction is necessary to secure the proper administration of justice.
4
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.
5
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.
6
The Tribunal may give a direction excluding a witness from a hearing until that witness gives evidence.
F1Coronavirus temporary rule (recording of remote hearings)30A
1
In the circumstances set out in paragraph (3), the Tribunal must direct that the hearing be recorded, if practicable.
2
Where the Tribunal has made a direction under paragraph (1), it may direct the manner in which the hearing must be recorded.
3
The circumstances referred to in paragraph (1) are that the hearing, or part of it, is—
a
held in private under rule 30(3A); or
b
only treated as held in public by virtue of a media representative being able to access the proceedings remotely while they are taking place.
Hearings in a party's absence31
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.