Hearings

The Upper Tribunal must give each party entitled to attend a hearing reasonable notice of the time and place of the hearing. The Upper Tribunal should give at least 14 calendar days’ notice before the hearing. It can give shorter notice in either of these situations:

• if the parties agree
• in urgent or exceptional circumstances.

The Upper Tribunal can proceed with a hearing if a party does not attend. However, it must be satisfied that:

• the party has been notified of the hearing or reasonable steps have been taken to notify the party of the hearing
• it is in the interests of justice to proceed with the hearing.

The Upper Tribunal generally holds hearings in public.

However, the Upper Tribunal can hold a hearing, or part of a hearing, in private. This is if it considers that restricting access to the hearing is justified:

• in the interests of public order
• in order to protect a person’s right to respect for their private and family life
• in order to maintain the confidentiality of sensitive information
• in order to avoid serious harm to the public interest
• because holding it in public would prejudice the interests of justice.

The Upper Tribunal can decide who attends the private hearing, or the private part of a hearing.

The Upper Tribunal can exclude from any hearing, or part of any hearing:

• anyone whose conduct it considers is disrupting or is likely to disrupt the hearing
• anyone whose presence it thinks is likely to prevent another person from giving evidence or making submissions freely
• any person where the purpose of the hearing would be defeated by the attendance of that person.

The Upper Tribunal may also give a direction excluding a witness from a hearing until that witness gives evidence.

The Upper Tribunal may publish a decision following a hearing which was held wholly or partly in private. In this case it must, as far as possible, ensure that the decision does not disclose information which was referred to in a part of the hearing held in private.