remote hearing
📖 What is remote hearing? Meaning and definition
A remote hearing is a way for legal cases to be heard and decided without the need for everyone involved to attend in person. This approach became more common during the Covid-19 pandemic, allowing tribunals to continue their work. There are different forms of remote hearings, such as 'remote video hearings' where participants connect via video, or 'remote hearings on the papers' where the tribunal makes a decision based solely on the written documents submitted by the parties.
For a remote hearing to take place, the parties involved generally need to consent to it. Tribunals decide whether a remote hearing is appropriate, considering if all issues can be determined effectively without a face-to-face meeting. This might be because a physical hearing is not necessary, or because it is not practicable due to circumstances like the pandemic.
In practice, a remote hearing means that the tribunal members, applicants, and respondents can participate from different locations. For video hearings, specific rules might apply, such as directions for the hearing to be held in private if it's not reasonably practicable for non-parties to access it from a court or tribunal venue. For paper-based hearings, the application and supporting documents form the entire case for the tribunal to review and decide upon.
📋 Requirements
- Consent of the parties involved
- Tribunal determines that a face-to-face hearing is not necessary or practicable
- All issues can be determined effectively in a remote format (either video or on paper)
📝 Procedure
- Parties submit their application and supporting documents
- Parties consent to the remote hearing format (e.g., video or on papers)
- Tribunal reviews the submitted documents and/or conducts a video hearing
- Tribunal issues a decision based on the remote hearing
💡 Examples
- A tribunal dismissed an application regarding the Right to Manage for a property after a remote hearing conducted entirely on papers, with the consent of both parties.
- A landlord's claims of lease breaches against a leaseholder were mostly dismissed following a remote video hearing, where both parties had agreed to the format.
- An improvement notice was confirmed with some changes after a remote video hearing, which included reviewing papers submitted by the parties and was consented to by everyone involved.
- During the Covid-19 pandemic, a tribunal directed that a hearing be held wholly as video proceedings because it was not reasonably practicable for it to be accessed in a court venue by non-parties.
📚 Legal basis
- Commonhold and Leasehold Reform Act 2002
- Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013
❓ Frequently asked questions
What is the difference between a remote video hearing and a remote hearing on the papers?
A remote video hearing involves participants connecting via video link, allowing for live discussion and presentation. A remote hearing on the papers means the tribunal makes its decision solely based on the written documents and evidence submitted by the parties, without any live interaction.
Do I have to agree to a remote hearing?
The case excerpts indicate that remote hearings are typically 'consented to by the parties'. This suggests that your agreement is usually required for the hearing to proceed in a remote format.
Why would a tribunal choose a remote hearing instead of a face-to-face one?
Tribunals opt for remote hearings when a face-to-face hearing is not necessary, not practicable, or when all issues can be fully determined through a remote format, as seen during the Covid-19 pandemic.
Can a remote hearing be held in private?
Yes, a tribunal can direct that a remote hearing be held in private, especially if it's not reasonably practicable for people who are not parties to access the hearing from a court or tribunal venue.
What documents do I need for a remote hearing on the papers?
For a remote hearing on the papers, your application, your reply to the respondent's statement of case, and any bundles of supporting documents you wish the tribunal to consider will form your entire case.
Will a remote hearing affect the outcome of my case?
The format of the hearing, whether remote or face-to-face, should not inherently change the legal principles applied or the fairness of the process. The tribunal's decision will still be based on the evidence and arguments presented, regardless of the hearing type.