Article 37 Power to determine the application without a hearing
(1)
The Tribunal may determine the application, or any particular issue, without a hearing—
(a)
if the parties so agree in writing, or
(b)
in the circumstances described in rule 23 (failure by the Commissioner to submit a case statement or absence of opposition) or 33 (failure to comply with directions).
(2)
Before making a determination under paragraph (1), the Tribunal must consider any representations in writing already submitted by the parties, for the purpose of this rule, notice of application and the parties’ case statements are to be treated as representations in writing.