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The Civil Legal Services (Appeal) Regulations (Northern Ireland) 2015

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a Northern Ireland Statutory Rule: The Civil Legal Services (Appeal) Regulations (Northern Ireland) 2015 No. 197

Determination without oral hearing

This section has no associated Explanatory Memorandum

26.—(1) An appeal panel shall take its decision on an appeal without hearing oral representations, except as provided for in paragraphs (2) and (3).

(2) The presiding member shall direct an oral hearing if, and only if, he considers it necessary to receive oral representations in accordance with paragraph (3).

(3) Before allowing an oral hearing of an appeal under paragraph (2), the presiding member must be satisfied that the case which is the subject-matter of the appeal—

(a)would establish or uphold and develop new and important legal principles;

(b)would have an unprecedented impact in its consequences for the appellant and be of direct benefit to society at large; or

(c)is, in terms of its complexity and expected duration, distinct from other cases.

(4) In this regulation, “decision” includes determinations embodied in or necessary to a decision.

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