Article 23 Determination without oral hearing

(1)

The Tribunal may determine an appeal, or any particular issue, without an oral hearing if—

(a)

the parties agree in writing;

(b)

the issue concerns an application for directions; or

(c)

rule 22(3) applies.

(2)

Where an appeal or an issue is determined in accordance with this rule, the Tribunal must consider whether there are circumstances that make it undesirable to publish the whole or part of its decision.

(3)

If the Tribunal decides that a restriction on publication is desirable the Tribunal may take any steps, including any one or more of the steps specified in paragraph (5).

(4)

Any step taken under paragraph (3) must be taken with a view to ensuring the minimum restriction on publication that is consistent with the need for the restriction.

(5)

The specified steps referred to in paragraph (3) are—

(a)

anonymising the decision;

(b)

editing the text of the decision;

(c)

declining to publish the whole or part of the decision.

(6)

Before reaching a decision under paragraph (2), the Tribunal must invite the parties to make representations.