Text:Tribunal rule 39

Hearings in a party’s absence

39.—(1) Subject to paragraph (2), if a party fails to attend a hearing the Tribunal may proceed with the hearing if the Tribunal—

(a) is satisfied that the party has been notified of the hearing or that reasonable steps have been taken to notify the party of the hearing; and

(b) considers that it is in the interests of justice to proceed with the hearing.

[(2) The Tribunal may not proceed with a hearing in the absence of the patient unless—

(a) the requirements of rule 34 (medical examination of the patient) have been satisfied; and

(b) the Tribunal is satisfied that—

(i) the patient has decided not to attend the hearing; or

(ii) the patient is unable to attend the hearing for reasons of ill health.

(2) The Tribunal may not proceed with a hearing that the patient has failed to attend unless the Tribunal is satisfied that—

(a) the patient—

(i) has decided not to attend the hearing; or

(ii) is unable to attend the hearing for reasons of ill health; and

(b) an examination under rule 34 (medical examination of the patient)—

(i) has been carried out; or

(ii) is impractical or unnecessary.]

Amendments

Last checked: 16/11/22