Review of the Tribunal’s Listing Strategy

For the last two years the Tribunal has been operating remote hearings with some hybrid hearings being held since September 2020. A hybrid hearing is one where some people attend in-person and some attend remotely.

Without a doubt remote hearings have worked well and have enabled the Tribunal to continue to hear cases throughout the pandemic. Remote hearings have also increased public and press access to Tribunal proceedings promoting the principle of open justice.  In recent weeks we have seen the removal of the majority of restrictions relating to Covid. Given this the Tribunal is reviewing its listing strategy. The current approach is:

All Case Management Hearings will be heard remotely unless a party applies for and is granted an in-person/hybrid hearing.

Interlocutory applications will be listed to take place remotely unless a party applies for and is granted an in-person/hybrid hearing or the Panel that lists the interlocutory hearing determines that it should take place as an in-person/hybrid hearing.

Substantive hearings with a time estimate of up to a day will be listed remotely unless a party applies for and is granted an in-person/hybrid hearing.

For all other substantive hearings, the parties will be required to indicate the type of hearing they require as set out in the Standard Directions that will be sent to the parties when the proceedings are issued. If the parties agree what type of hearing there should be this is the type of hearing which will take place.  If the parties disagree the type if hearing will be considered at the CMH, if one is listed, if not, a CMH will be listed to determine this discrete issue.

Agreed Outcome applications and similar matters will continue to be listed before a dedicated Panel, remotely.

The Tribunal’s Guidance Note (updated in February 2022) provides a non-exhaustive list of factors which may be relevant when determining whether a remote, hybrid or in-person hearing should be held.