necessarily
dictate any particular intervention or ruling on the part of the Judge, given the margin of appreciation available to him. However, the judge should have appreciated that the comment was perceived to be demeaning and insulting and a suitable intervention would have been appropriate. 10. To this I would add that mere comments by representatives under the guise of questioning of a party or witness are not appropriate. They are forbidden by the most elementary principles and rules of advocacy. Swift disapproval by presiding judges can only enhance both fairness and advocacy standards , thereby emphasising the authority of the Tribunal and enhancing its status of fair and impartial adjudicator. My final observation on this issue is that the role of the advocate does not properly encompass either aggressive questioning or confrontation: where either occurs, a boundary has been crossed and the presiding Judge should intervene. Improper conduct on the part of an advocate, unchecked and unrestrained by judicial authority and hearing management, can potentially render a hearing unfair. 11. I take this opportunity to summarise the governing principles. The Upper Tribunal has considered the right of every litigant to a fair hearing in a series of reported decisions. The wide variety of contexts in which this issue has arisen underlines the truism that every case is invariably fact sensitive. The central tenet of the right to a fair hearing is having the opportunity to put one’s case and to respond on all material issues. In