The Tribunal Procedure (Upper Tribunal) (Lands Chamber) Rules 2010

PART 9 E+W Hearings

Decision with or without a hearing E+W

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

(2) The 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.

Notice of hearings E+W

47.—(1) The Tribunal must give each party reasonable notice of the time and place of any 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 the Tribunal may give shorter notice—

(a) with the parties' consent; or

(b) in urgent or exceptional cases.

Public and private hearings E+W

48.—(1) Subject to the following paragraphs, all hearings must be held in public.

(2) Subject to paragraph (6), each party is entitled to attend a hearing.

(3) Except in a compulsory purchase compensation reference, the Tribunal may give a direction that a hearing, or part of it, is to be held in private.

[F1 (3A) In particular, 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) If the Tribunal is acting as an arbitrator in a reference by consent under section 1(5) of the 1949 Act, any hearing must be held in private unless the parties agree otherwise.

(5) Where a hearing, or part of it, is to be held in private, the Tribunal may determine who is entitled to attend the hearing or part of it.

(6) The Tribunal may give a direction excluding from any hearing, or part of it, any person whose conduct the Tribunal considers is disrupting or is likely to disrupt the hearing.

(7) The Tribunal may give a direction excluding a witness from a hearing until that witness gives evidence.

(8) In this rule, “compulsory purchase compensation reference” means a reference of a question to the Tribunal—

(a) under section 1 of the 1961 Act;

(b) under section 11(4) of the Compulsory Purchase (Vesting Declarations) Act 1981 M1 ; or

(c) to which the provisions of section 4 of the 1961 Act apply, with the exception of references—

(i) under section 16(7) of the City of London (Various Powers) Act 1967 M2 ;

(ii) under section 307(1) of the Highways Act 1980 M3 ; and

(iii) under regulation 96(2) of the Conservation (Natural Habitats, &c.) Regulations 1994 M4 .

Textual Amendments

F1 Rule 48(3A) inserted (temp.) (10.4.2020) by virtue of The Tribunal Procedure (Coronavirus) (Amendment) Rules 2020 (S.I. 2020/416), rules 1(2), 8(2) (with rule 1(2))

Marginal Citations

M1 1981 c. 66

M2 1967 c. 42

M3 1980 c. 66

M4 S.I. 1994/2716

[F2 Coronavirus temporary rule (recording of remote hearings) E+W

48A.— (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 48(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.]

[F3 (4)  On the application of any person, any recording made pursuant to a direction under paragraph (1) is to be accessed with the consent of the Tribunal in such manner as the Tribunal may direct.]

Textual Amendments

F2 Rule 48A inserted (temp.) (10.4.2020) by virtue of The Tribunal Procedure (Coronavirus) (Amendment) Rules 2020 (S.I. 2020/416), rules 1(2), 8(3) (with rule 1(2))

F3 Rule 48A(4) inserted (temp.) (21.7.2020) by virtue of The Tribunal Procedure (Amendment) Rules 2020 (S.I. 2020/651), rules 1(1), 8(3) (with rule 1(2))

Hearings in a party's absence E+W

49.  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.