Applications by a PA or AA to present their case remotely
- In associates tribunal (AT) hearings, the hearing venue will have been decided during the pre-hearing case management stage by the MPTS applying the guidance Deciding how to hold associates tribunal hearings, considering any submissions made by the parties and the needs of hearing participants.
- Where a PA or AA’s hearing has been arranged to take place at the MPTS hearing centre, it is expected that their case will be presented in person. There may, however, be circumstances where a PA or AA wants to request to present their case remotely for some, or all, of the hearing where circumstances have changed. Where this is the case, an application should be made to the MPTS in advance of the hearing starting.
- An application by a PA or AA to present their case remotely should only be considered by an AT during a hearing where there has been a material change in circumstances and any change to the venue can be made without injustice or undue disruption.
- Where a PA or AA makes an application to present their case remotely after an AT hearing has started, the AT should consider all relevant circumstances along with the principles relating to changing hearing venue set out in the guidance Deciding how to hold associates tribunal hearings. Both parties must be given the opportunity to make representations before the AT reaches a decision on the PA or AA’s application.
- The associates tribunals (AT) must decide whether allowing the PA or AA to present their case remotely is in the interests of justice and is a proportionate and workable adjustment in view of the material change of circumstances in the case.
- In making their decision, the AT must consider whether the proposed method of remote case presentation, such as video link, telephone or written correspondence, could be disruptive to proceedings, cause unnecessary distress to witnesses and/or result in the hearing not concluding within its allocated listing dates.
- When considering the unplanned use of remote case presentation, the AT should consider any potential practical issues, including, but not limited to whether the PA or AA has access to an appropriate device and suitable internet connection and any impact on the use and circulation of relevant documents by the parties.
- The AT should also consider how they will effectively case manage proceedings if they were to agree to a change to how the PA or AA appears at the hearing.
- If the AT agrees the application, they must clearly identify the circumstances which justify allowing the PA or AA to conduct their case in this way. They should confirm how the PA or AA’s engagement will occur and how the hearing will proceed if engagement is not as expected.