Article 31 Decision with or without a hearing

(1)

Subject to the remainder of this rule, the Tribunal must hold a hearing before making a decision which disposes of proceedings.

(2)

The Tribunal need not hold a hearing if consent to proceeding without a hearing has been given by—

(a)

each party; and

(b)

each other person who has been sent a notification as being entitled, invited or permitted to attend the hearing.

(3)

For the purposes of paragraph (2) a party or other person shall be taken to have consented if—

(a)

the Tribunal has given that party or other person not less than 28 days' notice F1or, in an unresponsive grantor case, not less than 14 days’ notice, of its intention to dispose of the proceedings without a hearing, and

(b)

no objection has been received from that party or other person within that time,

except that the Tribunal may regard such a party or other person as having consented upon shorter notice in urgent or exceptional circumstances.

(4)

The Tribunal may in any event dispose of proceedings without a hearing under rule 9 (striking out a party's case) or under rule 39(4) (implementation of court order in land registration cases).

Annotations

Textual amendments

F1: Words in rule 31(3)(a) inserted (1.11.2022) by The Tribunal Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/1030), rules 1, 4(4)