Oral Hearing in UK Law
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R (West) v Parole Board; R (Smith) v Parole Board (No 2) (Conjoined Appeals)
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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.
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Booth v Parole Board
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British Oxygen Company Ltd v Board of Trade
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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.
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Lloyd (A.P.) and Others (A.P.) v McMahon
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R (H) v Secretary of State for the Home Department
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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.
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Patrick Hassett and Another v The Secretary of State for Justice
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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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Courts Reform (Scotland) Act 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, ... ...
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The Civil Procedure (Amendment) Rules 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 ... ...
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Renting Homes (Wales) Act 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 ... ...
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Anti-social Behaviour, Crime and Policing Act 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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Oral Hearings before the European Court of Justice
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 ... ...
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‘Cooling out’ victims of crime: Managing victim participation in the sentencing process in a superior sentencing court
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 ... ...
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DOCUMENTATION SURVEY
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 ... ...
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Addressing the Court, the Offender, and the Community: A Communication Analysis of Victim Impact Statements in a Non-Capital Sentencing Hearing1
... ... 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 ... ...
- CPR Part 47 Meets Part 36: Abridgement Of The Relevant Period, Oral Hearing Costs And Strategic Settlements
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Disclosure to non-party of evidence relied on in court
A non-governmental organisation (NGO) has been granted disclosure of evidence relied upon by litigants in concluded judicial review proceedings concerning tobacco packaging (JR). The NGO was not pa...... ... read out in open court during the JR, but had been referred to in oral and written submissions and read by the judge in pre- and post-hearing ... ...
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Recent Changes To The Rules Applicable To Appeals
... ... the removal of an automatic right to renew the application at an oral hearing if an application for permission to appeal has been rejected on ... ...
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Human Rights and Arbitration: Revisited
... ... BLCT subsequently applied to have this matter reconsidered at an oral hearing. The judge again refused this application in accordance with his ... ...
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Application of renewal (UTIAC)
Immigration and Asylum Chamber (Upper Tribunal) forms including the judicial review form.... ... I do not request an oral hearing ... I request an oral hearing for the following reasons: ... ...
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Notice of provisional assessment (general form)
Forms relating to civil matters including judgments.... ... notice file and serve on all other parties a written request for an oral hearing. The request must identify the ... items in the court’s ... ...
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Form to appeal against a decision of the disclosure and barring service, England and Wales
Forms to appeal decisions by certain first-tier and other tribunals and organisations. Includes social security and child support, and mental health appeals.... ... E ... Request for an oral hearing of an Application ... ... N.B. This section ... ...
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Application for permission to appeal to an Upper Tribunal judge and notice of appeal form against decisions of the Special Educational Needs Tribunal Wales
Forms to appeal decisions by certain first-tier and other tribunals and organisations. Includes social security and child support, and mental health appeals.... ... Where was the tribunal hearing? ... What was the date of the tribunal? ... What was the ... I ... Request for an oral hearing of an Application ... N.B. In this section you may ask ... ...