Oral Hearing in UK Law

Leading Cases
  • R (West) v Parole Board; R (Smith) v Parole Board (No 2) (Conjoined Appeals)
    • House of Lords
    • 27 Enero 2005

    It may often be very difficult to address effective representations without knowing the points which are troubling the decision-maker. The prisoner should have the benefit of a procedure which fairly reflects, on the facts of his particular case, the importance of what is at stake for him, as for society.

  • Booth v Parole Board
    • Supreme Court (Scotland)
    • 09 Octubre 2013

  • British Oxygen Company Ltd v Board of Trade
    • House of Lords
    • 15 Julio 1970

    What the authority must not do is to refuse to listen at all. But a Ministry or large authority may have had to deal already with a multitude of similar applications and then they will almost certainly have evolved a policy so precise that it could well be called a rule. There can be no objection to that provided the authority is always willing to listen to anyone with something new to say—of course I do not mean to say that there need be an oral hearing.

  • Lloyd (A.P.) and Others (A.P.) v McMahon
    • House of Lords
    • 12 Marzo 1987

  • R (H) v Secretary of State for the Home Department
    • Queen's Bench Division (Administrative Court)
    • 09 Septiembre 2008

    Clearly oral hearings are not required in all or even most cases, but importantly the context in which procedural fairness is being considered is determinative. One considers the interests at stake and also the extent to which an oral hearing will guarantee better decision-making in terms of the uncovering of facts, the resolution of issues, and the concerns of the decision-maker. Cost and efficiency must also be considered, often on the other side of the balance.

  • Patrick Hassett and Another v The Secretary of State for Justice
    • Court of Appeal (Civil Division)
    • 04 Mayo 2017

    In particular, if in asking the question whether upon escape the prisoner would represent a risk to the public the CART/Director, having read all the reports, were left in significant doubt on a matter on which the prisoner's own attitude might make a critical difference, the impact upon him of a decision to maintain him in Category A would be so marked that fairness would be likely to require an oral hearing.

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Legislation
  • Courts Reform (Scotland) Act 2014
    • Scotland
    • 1 de Enero de 2014
    ... ... before the Sheriff Appeal Court, except in a case where the Court hearing the proceedings is constituted by a greater number of Appeal Sheriffs than ... (5) The Court may decide whether or not to grant permission without an oral hearing having been held.(27C) Oral hearings where permission refused, ... ...
  • The Civil Procedure (Amendment) Rules 2013
    • UK Non-devolved
    • 1 de Enero de 2013
    ... ... (3.16) Costs management conferences ... (1) (1) Any hearing which is convened solely for the purpose of costs management (for example, ... notice, file and serve on all other parties a written request for an oral hearing. If no such request is filed and served within that period, the ... ...
  • Renting Homes (Wales) Act 2016
    • Wales
    • 1 de Enero de 2016
    ... ... (b) set out circumstances in which a contract-holder is entitled to an oral hearing, and whether and by whom he or she may be represented at such a ... ...
  • Anti-social Behaviour, Crime and Policing Act 2014
    • UK Non-devolved
    • 1 de Enero de 2014
    ... ... (1) This section applies where the court adjourns the hearing of an application (whether made with notice or without) for an injunction ... to the circumstances in which the person concerned is entitled to an oral hearing, and whether and by whom the person may be represented at such a ... ...
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Books & Journal Articles
  • Oral Hearings before the European Court of Justice
    • No. 21-4, December 2014
    • Maastricht Journal of European and Comparative Law
    • 0000
    This article focuses on the organization of oral hearings at the European Court of Justice. It deals with both the decision to hold or not to hold an oral hearing, as a complement to the written pa...
    ... ... It deals with both the decision to hold or not to hold an oral hearing, as a complement to the written part of the procedure, and the actual conduct of such hearings. is is done by drawing on the modi cations ... ...
  • ‘Cooling out’ victims of crime: Managing victim participation in the sentencing process in a superior sentencing court
    • No. 45-2, August 2012
    • Journal of Criminology (formerly Australian and New Zealand Journal of Criminology)
    • 0000
    Victim participation in the sentencing hearing by way of oral victim impact statements (VISs) is a contentious aspect of contemporary criminal justice. A particular concern is that the disjuncture ...
    ... ... Abstract Victim participation in the sentencing hearing by way of oral victim impact statements (VISs) is ... ...
  • DOCUMENTATION SURVEY
    • No. 23-2, February 1967
    • Journal of Documentation
    • 171-178
    This book is an edited version of the proceedings of the hearing of the case in which the Net Book Agreement was successfully defended against an attack made under the Restrictive Practices Act. Th...
    ... ... xx,938p. This book is an edited version of the proceedings of the hearing of the case in which the Net Book Agreement was successfully defended ... Not only the written depositions are printed but a great deal of the oral evidence given at the hearing as well. There are many supporting ... ...
  • Addressing the Court, the Offender, and the Community: A Communication Analysis of Victim Impact Statements in a Non-Capital Sentencing Hearing1
    • No. 13-3, September 2006
    • International Review of Victimology
    • 0000
    ... ... of Wisconsin-Milwaukee, USA ABSTRACT This article focuses on forty oral Victim Impact Statements (VIS) presented during the public sentencing ... The Ridgway sentencing hearing presents a unique case to study the communicative function of VIS in a ... ...
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