PART 5Hearings

Decision with or without a hearing34

1

Subject to paragraph (2), the Upper Tribunal may make any decision without a hearing.

2

The Upper Tribunal must have regard to any view expressed by a party when deciding whether to hold a hearing to consider any matter, and the form of any such hearing.

Entitlement to attend a hearing35

Subject to rule 37(4) (exclusion of a person from a hearing), each party is entitled to attend a hearing.

Notice of hearings36

1

The Upper 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 change 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 applications for permission to bring judicial review proceedings, the period of notice must be at least 2 working days; and

b

the Upper Tribunal may give shorter notice—

i

with the parties' consent; or

ii

in urgent or exceptional cases.

Public and private hearings37

1

Subject to the following paragraphs, all hearings must be held in public.

2

The Upper 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 Upper Tribunal may determine who is entitled to attend the hearing or part of it.

4

The Upper Tribunal may give a direction excluding from any hearing, or part of it—

a

any person whose conduct the Upper Tribunal considers is disrupting or is likely to disrupt the hearing;

b

any person whose presence the Upper Tribunal considers is likely to prevent another person from giving evidence or making submissions freely;

c

any person who the Upper 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 Upper Tribunal may give a direction excluding a witness from a hearing until that witness gives evidence.

Hearings in a party's absence38

If a party fails to attend a hearing, the Upper Tribunal may proceed with the hearing if the Upper 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.