Commentary

V5.441 Tribunal appeal hearing—introduction

Part V5 Compliance, enforcement and appeals

V5.441 Tribunal appeal hearing—introduction

Hearing of an appeal to the Tribunal

V5.441 Tribunal appeal hearing—introduction

Hearing of an appeal

The Tribunal must hold a hearing before making a decision which disposes of proceedings, unless1:

  1.  

    •     the case is a Default Paper case (see V5.408) and neither party has requested a hearing

  2.  

    •     each party has consented to the matter being decided without a hearing, and the Tribunal considers that it is able to decide the matter without a hearing

  3.  

    •     the decision is struck out (see V5.406, V5.461), or

  4.  

    •     the decision is made under SI 2009/273, Part 4 (correcting, setting aside, reviewing and appealing Tribunal decisions)

The Tribunal may also dispose of proceedings (or part thereof) without a hearing in respect of the striking out of a party's case under SI 2009/273, rule 8.

Setting the date for a hearing

The Tribunal must provide each party reasonable notice of the time and place of any hearing (including any adjourned or postponed hearing) and any changes thereto2. Appellants in Basic category appeals will usually be asked to attend at either 10:00 or 14:00 on the day of the hearing. In the Standard and Complex categories the appellants will be given a set time to attend and the case may last a number of days3.

In relation to a hearing to consider the disposal of proceedings, at least 14 days' notice must be given unless the parties agree otherwise, or there are urgent and exceptional circumstances4.

Expediting a hearing

In some circumstances it may be possible to expedite

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