CHAPTER 8
chapter 8
Hearing
8.1Nature and types of hearing 8.5Oral hearings and paper hearings 8.10Composition and constitution of the tribunal 8.11Should the tribunal hold an oral hearing? In the First-tier Tribunal • In the Upper Tribunal
8.19The right to an oral hearing At common law • Under article 6
8.33Public hearings and private hearings 8.48Exclusion from a hearing 8.51Notice of an oral hearing 8.57Notice of a paper hearing 8.62The presence of the assessor 8.63The functions of the assessor 8.76Status of the assessor 8.77Independence of assessor 8.78The tribunal’s responsibility for decision-making 8.80Postponement and adjournment 8.86The exercise of the discretion 8.93Deciding whether to adjourn 8.94The purpose of the adjournment Obtaining evidence • Preparing argument • Attendance by a party: understanding its importance • Attendance: representative unavailable • Attendance: illness • Other proceedings • Other civil proceedings • Criminal proceedings • Authoritative decisions
8.108The need for an adjournment 8.109The impact on the parties and on the tribunal system 8.117Applying for an adjournment 8.119Directions on an adjournment 8.120The decision and reasons 8.122Challenging the exercise of the discretion: appeal and judicial review 8.126Showing an error of law 8.130Record of proceedings 8.131The duty to make a record 8.132Under TCEA: the Senior President’s Practice Statement 8.134The contents of the record 8.142The form of the record 8.144Production of the record 8.146Challenges to the record 8.151Resumed hearings and rehearings 8.152Constitution of the tribunal 8.156Information before the tribunal The evidence that was available at the previous hearing • The decision that was set aside
8.162Issues for consideration