On 6 May the President of OITFET issued new guidance surrounding the conduct of hearings whether remote, hybrid or in person following relaxation of Covid restrictions in Northern Ireland. This includes provision to request an expedited hearing where required. It includes a number of relevant considerations as follows:
(i) previous postponements and consequent delay;
(ii) the physical or mental health of a party or witness;
(iii) financial difficulty of a party;
(iv) statutory appeals against prohibition notices, where for example a business has been or could be forced to close pending determination of the appeal by the tribunal; and
(v) the need to secure the availability of a relevant witness where that availability is limited.
The decision whether or not to expedite a hearing is a judicial one. The Guidance will be subject to ongoing review.
