Commentary

I11.351C Hearings and decisions in the Upper Tribunal

IHT, trusts and estates

I11.351C Hearings and decisions in the Upper Tribunal

I11.351C Hearings and decisions in the Upper Tribunal

The Upper Tribunal is able to make any decision without an oral hearing, but it should first have obtained the views of the parties as to whether there should be a hearing and must take these views into consideration1. The ability to choose whether or not to have an oral hearing is a different approach from that in First-tier Tribunal cases, where (except for Default Paper appeals) the Tribunal requires the consent of all parties before the case can be decided without a hearing2. Apart from this difference, the rules applying to hearings in the Upper Tribunal are similar to those in the First-tier Tribunal (see I11.332–I11.332B). Legal representation before the Upper Tribunal is not mandatory3.

As in the First-tier Tribunal, a hearing will be held in

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