PART 3Proceedings Before the Tribunal

CHAPTER 2Hearings

Consideration of decision with or without a hearing25.

(1)

The Tribunal must hold a hearing before making a decision which disposes of proceedings except where—

(a)

each party has consented to, or has not objected to, the matter being decided without a hearing;

(b)

the appellant has not consented to the appeal being determined without a hearing but the Lord Chancellor has refused to issue a certificate of fee satisfaction for the fee payable for a hearing;

(c)

the appellant is outside the United Kingdom and does not have a representative who has an address for service in the United Kingdom;

(d)

it is impracticable to give the appellant notice of the hearing;

(e)

a party has failed to comply with a provision of these Rules, a practice direction or a direction and the Tribunal is satisfied that in all the circumstances, including the extent of the failure and any reasons for it, it is appropriate to determine the appeal without a hearing;

(f)

the appeal is one to which rule 16(2) or 18(2) applies; or

(g)

subject to paragraph (2), the Tribunal considers that it can justly determine the matter without a hearing.

(2)

Where paragraph (1)(g) applies, the Tribunal must not make the decision without a hearing without first giving the parties notice of its intention to do so, and an opportunity to make written representations as to whether there should be a hearing.

(3)

This rule does not apply to decisions under Part 4 or Part 5.