[2024] UKUT 406 (AAC)

Rule 1(3) of the 2008 Rules defines “hearing”:

“"hearing" means an oral hearing and includes a hearing conducted in whole or in part by video link, telephone or other means of instantaneous two-way electronic communication”.

The overriding objective of the 2008 Rules is “to enable the Tribunal to deal with cases fairly and justly” (rule 2(1)). Rule 2(2) provides as follows:

“(2)

Dealing with a case fairly and justly includes--

(a)

dealing with the case in ways which are proportionate to the importance of the case, the complexity of the issues, the anticipated costs and the resources of the parties;

(b)

avoiding unnecessary formality and seeking flexibility in the proceedings;

(c)

ensuring, so far as practicable, that the parties are able to participate fully in the proceedings;

(d)

using any special expertise of the Tribunal effectively; and

(e)

avoiding delay, so far as compatible with proper consideration of the issues.”

Rule 2(3) requires the Tribunal to seek to give effect to the overriding objective when it exercises any power under the Rules or interprets any rule.

Rule 5(1) provides that, subject to any other enactment, the Tribunal may regulate its own procedure. Rule 5(3) provides that the Tribunal may “in particular” do certain things, which include “decide the form of any hearing” (rule 5(3)(g)).

Rule 23(1) provides as follows:

“(1)

Subject to paragraphs (2) and (3), the Tribunal must hold a hearing before making a decision which disposes of proceedings unless-

(a)

each party has consented to the matter being decided without a hearing; and

(b)

the Tribunal considers that it is able to decide the matter without the hearing.”

The exceptions in rule 23(2) and (3) are not relevant in this case.

Rule 27 provides as follows:

“If a party fails to attend a hearing the Tribunal may proceed with the hearing if the Tribunal-

(a)

is satisfied that the party has been notified of the hearing or that reasonable steps have been taken to notify the party of the hearing; and

(b)

considers that it is in the interests of justice to proceed with the hearing.”

Rule 45 provides as follows:

“(1)

The Tribunal may set aside a decision which disposes of proceedings, or part of such a decision, and re-make the decision or the relevant part of it, if—

(a)

the Tribunal considers that it is in the interests of justice to do so; and

(b)

one or more of the conditions in paragraph (2) are satisfied.

(2)

The conditions are— …

(c)

a party, or a party's representative, was not present at a hearing related to the proceedings...”