When some help is needed in the kitchen (How to maintain impartiality when a hearing needs active management) – Stacey

Winter 2014

In the light of recent case law, reviews what level of assistance or intervention is appropriate, to help litigants in the formulation and presentation of their case. Three cases concern quite different circumstances but, in all three, the acid test was whether the parties, represented or not, had effectively participated in their case and understood what was happening. Where tribunals have done their best to level the playing field for the parties, having regard to the overriding objective, the appellate courts will be reluctant to interfere.