Case management directions
Pre-hearing case management directions in AT hearings
- For AT hearings, the parties will have received case management directions for their hearing preparation issued by an MPTS case manager. Tribunals will be supplied with a copy of pre-hearing case management directions and the pre-hearing certificate completed by each party. The requirements of pre-hearing case management directions will form the basis of the arrangements the parties have made for the hearing, including submitting hearing bundles and scheduling the participation of witnesses.
- Tribunals will need to familiarise themselves with the pre-hearing case management directions to ensure they are aware of what preparations parties should have completed ahead of the hearing. Tribunals may vary or revoke pre-hearing case management directions only where they consider there has been a material change of circumstances or it is not in the interests of justice for the directions to be binding.30
Case management directions during AT hearings
- During an AT hearing, the tribunal may issue case management directions as required for the just and expeditious management of a case to ensure that the hearing runs fairly and efficiently, having regard to the nature of the allegation, representations from the parties and all other material factors.31 Case management powers must be exercised by the AT, and not by the Chair acting alone.
- Any directions issued by the AT should be clear, specific and timebound, and should generally be recorded in writing.
- An AT may find it particularly helpful to consider issuing case management directions at the end of a hearing session if a hearing is adjourning part heard and there are actions the tribunal wishes the parties to take during the adjournment period.
30 Rule 31(7)(b).
31 Rule 31(5).