AH1330 - General Commissioners: Conduct of hearing: Order of proceedings

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.