Regulation 39 Power to determine the appeal or claim without a hearingI1
England and Wales
(1)
The President or the tribunal panel may determine the appeal or the claim or any particular issue without a hearing—
(a)
if the parties so agree in writing, or
(b)
in the circumstances described in regulation 23 (failure to submit a case statement and absence of opposition) or 33 (failure to comply with directions).
(2)
Before making a determination under paragraph (1), the President or tribunal panel must consider any representations in writing already submitted by the parties (for the purpose of this regulation, the appeal application or the claim application and the parties’ case statements are treated as representations in writing).