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Article 32 Decision with or without a hearing

(1)

Subject to paragraphs F1(1A), (2) and (3), the Tribunal must hold a hearing before making a decision which disposes of proceedings unless—

(a)

each party has consented to the matter being determined without a hearing; and

(b)

the Tribunal is satisfied that it can properly determine the issues without a hearing.

F2(1A)

The Tribunal may dispose of an application under rule 25A (application for an authorised costs order) without a hearing if the Tribunal is satisfied that it can properly determine the issues without a hearing.

(2)

This rule does not apply to a decision under Part 4 (correcting, setting aside, reviewing and appealing Tribunal decisions).

(3)

The Tribunal may in any event dispose of proceedings without a hearing under rule 8 (striking out a party's case).

(4)

Notwithstanding any other provision in these Rules, if the Tribunal holds a hearing to consider a preliminary issue, and following the disposal of that preliminary issue no further issue remains to be determined, the Tribunal may dispose of the proceedings without holding any further hearing.

Annotations

Textual amendments

F1

Word in rule 32(1) inserted (1.11.2022) by The Tribunal Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/1030), rules 1, 2(7)(a)

F2

Rule 32(1A) inserted (1.11.2022) by The Tribunal Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/1030), rules 1, 2(7)(b)