Court deciding case without a hearing

Yes, in England and Wales courts have the power to decide cases or particular issues without a hearing in a number of situations. The answer depends on which court you are in, what type of case it is, and what stage you have reached.

Civil cases in the County Court and High Court:

Under the Civil Procedure Rules, a court can decide matters without a hearing in several ways.

1. Small claims track cases can be determined on paper if all parties consent, under CPR Part 27.10. The court will decide the case based on the statements of case and any written evidence filed.

2. Applications made without notice or by consent can be dealt with on paper under CPR Part 23.8. Many routine procedural applications, such as extending time or agreeing directions, are decided this way.

3. Summary judgment under CPR Part 24 can sometimes be dealt with without a hearing, although in practice it usually involves one.

4. Striking out a statement of case under CPR Part 3.4 can in some circumstances be decided on paper.

5. The court has a general power under CPR Part 23.8(c) to deal with an application without a hearing if it does not consider a hearing would be appropriate.

6. Default judgment under CPR Part 12 is typically obtained on paper where the defendant has failed to file an acknowledgment of service or defence.

7. Costs assessments, particularly detailed assessment of costs, can proceed on paper under CPR Part 47.

Tribunal cases:

In tribunals such as the First-tier Tribunal (for example in housing, benefits, or tax disputes), there are powers to decide cases on the papers. The tribunal rules generally allow this, but a party can usually request an oral hearing. In practice, tribunals are often reluctant to decide contested factual issues without hearing from the parties.

Employment Tribunal:

Employment judges can decide preliminary issues and certain applications on paper, and some cases can be determined without a hearing where the judge considers it appropriate and the parties have had a reasonable opportunity to make representations.

Family cases:

In family proceedings, many applications are dealt with on paper, particularly financial remedy consent orders and uncontested matters. Contested matters will usually require a hearing.

Important considerations:

The right to a fair hearing under Article 6 of the European Convention on Human Rights is always relevant. A court or tribunal must ensure that deciding a case on paper does not deprive a party of a fair opportunity to present their case. Where there are genuine disputes of fact that depend on credibility, a paper determination is much less likely to be appropriate.

If you are told your case will be decided without a hearing and you object, you should write to the court promptly explaining why you believe an oral hearing is necessary. Common reasons include that there are disputed facts, that you need to cross-examine the other side's evidence, or that the issues are complex enough to benefit from oral argument.

If you can tell me which court or tribunal you are in, what type of case it is, and what stage you have reached, I can give you more specific guidance on whether a paper determination is likely and what you can do about it.