At the beginning of every hearing the Commissioners should,
unless they consider it unnecessary in a particular case, explain
the order of proceeding they propose to adopt. They may conduct
hearings in the manner they consider most suitable to the
clarification and determination of the issues before them and to
ensure justice.
The powers of the General Commissioners are governed by The
General Commissioners (Jurisdiction and Procedure) Regulations
SI1994/1812 (see AH0450). These procedural rules for the
Commissioners lay down a statutory framework within which appeal
hearings are to be conducted The rules encourage the Commissioners
to avoid formality in their proceedings and conduct hearings in the
manner they consider to be most suitable to the clarification and
determination of the issues before them and to ensure justice.
For the great majority of appeals the customary procedure
before the Commissioners is informal and you should not seek any
modification of established practice unless there are special
reasons to the contrary. Where, however, the appellant is legally
represented, or the case otherwise presents special features (for
example, if it contains a point of law that may become the subject
of an appeal to the High Court), it is desirable that the
proceedings before the Commissioners should be conducted in a more
formal manner. You should therefore adopt the procedure detailed in
AH0800, as far as appropriate, in dealing with such appeals.
In England, Wales and Northern Ireland (but not in Scotland)
the appellant (or his representative) usually opens the proceedings
by making a statement of his case to the Commissioners. At an
informal appeal hearing, where the Commissioners request, and the
appellant is content, it may be convenient, and may help to
expedite the hearing, if you give an introductory outline of the
facts and the matter in dispute.
At the hearing the Commissioners may allow the appellant to
put forward grounds of appeal not specified in the notice of
appeal, and take them into consideration, if they are satisfied
that the omission was not wilful or unreasonable. If necessary,
seek an adjournment so that you can take advice and, if
appropriate, prepare a proper response to the points now being
made. The Commissioners will usually be content with this as it
means they will get the benefit of both sides’ preparation
and argument.
