The Tribunal is given a lot of flexibility to reflect that the way that it handles cases should and will differ enormously from case to case. Ultimately, the Tribunal is entitled to regulate itself and its own proceedings. It will endeavour to do so by ensuring that the parties are treated fairly. For example, in Elder, the appellant’s hearing difficulties meant that oral witness evidence was dealt with in an unconventional fashion, so as to permit each topic to be subject to cross-examination and re-examination, rather than have this all done in one go.
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