Article 21 Determination without oral hearing

(1)

The Tribunal may determine a reference, 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 20(3) applies.

(2)

Where a reference or an issue is determined in accordance with this rule, the Tribunal shall consider whether there are circumstances making it undesirable to make a public pronouncement of the whole or part of its decision.

(3)

If the Tribunal decides that a restriction on public pronouncement is desirable—

(a)

the Tribunal may take any steps, including any one or more of the steps specified in paragraph (4);

(b)

any step taken under this paragraph shall be taken with a view to ensuring the minimum restriction on public pronouncement that is consistent with the need for the restriction.

(4)

The 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.

(5)

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