remote hearings
📖 What is remote hearings? Meaning and definition
A remote hearing is a way for legal cases, such as those heard by the First-tier Tribunal (Property Chamber), to proceed without the need for everyone to attend in person. These hearings can take various forms, including video, audio, or even a determination made solely on submitted papers. The HMCTS code, such as V:CVPREMOTE for video, indicates the specific type of remote hearing being used.
Remote hearings became particularly common during the Covid-19 pandemic when face-to-face hearings were not practicable. Tribunals determined that all issues in a case could be resolved remotely, ensuring that justice could continue. Parties involved in the case typically consent to the remote format, and the tribunal may issue directions, such as holding the hearing in private, to facilitate the process.
Even when a hearing is conducted remotely, all submitted documents and evidence are considered. The tribunal's decision is based on these papers and the remote proceedings. This approach allows cases to be heard efficiently, even when physical attendance is difficult or unnecessary, ensuring that matters like lease breaches, improvement notices, or tenancy variations can be addressed.
📋 Requirements
- Consent of the parties involved in the case
- The tribunal determines that a face-to-face hearing is not practicable
- All issues in the case can be determined effectively in a remote hearing or on paper
- Compliance with relevant Tribunal Procedure Rules and Practice Directions
📝 Procedure
- Parties submit their papers and evidence to the tribunal
- The tribunal issues directions, which may include details about the remote hearing format (e.g., video, paper)
- The remote hearing takes place, with parties participating via video, audio, or the tribunal reviewing documents
- The tribunal considers all submitted information and evidence
- The tribunal issues its decision based on the remote hearing or paper determination
💡 Examples
- A First-tier Tribunal dismissed most lease breach claims after conducting a remote video hearing, with both parties having consented to the format.
- An improvement notice was confirmed with variations following a remote video hearing, where the tribunal also considered all submitted papers.
- A tenancy variation allowing modern flooring with soundproofing was permitted after a remote determination made solely on the papers, as a hearing was deemed unnecessary.
- During the Covid-19 pandemic, a tribunal directed a case to be heard wholly as video proceedings because it was not reasonable to hold a physical hearing.
📚 Legal basis
- Commonhold and Leasehold Reform Act 2002
- Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013
- Landlord and Tenant Act 1987
❓ Frequently asked questions
What types of remote hearings are there?
Remote hearings can be conducted via video (V:CVPREMOTE), audio, or solely on submitted papers (P:PAPERREMOTE), depending on what the tribunal deems appropriate for the case.
Do I have to agree to a remote hearing?
In the cases observed, remote hearings were conducted with the consent of the parties. However, the tribunal ultimately decides if a remote hearing is practicable and if all issues can be determined this way.
Why are remote hearings used?
Remote hearings are used when a face-to-face hearing is not practicable, such as during the Covid-19 pandemic, or when all issues can be fully determined without an in-person attendance, making the process more efficient.
How does a remote paper hearing work?
In a remote paper hearing, the tribunal makes its decision based entirely on the documents and evidence submitted by the parties. No live video or audio session takes place, as the tribunal determines a hearing is not necessary.
Will my case be heard fairly in a remote hearing?
Yes, tribunals aim to ensure fairness. They consider all submitted documents and evidence, and the decision is made by tribunal members, just as in a face-to-face hearing. The format is chosen to allow all issues to be determined effectively.
What if I have technical issues during a remote video hearing?
The case excerpts do not detail specific procedures for technical issues. However, it is generally advisable to inform the tribunal as soon as possible if you anticipate or experience any technical difficulties that might prevent your participation.