CDRS 13 Adjudicator's process

(1) The Independent Adjudicator must observe the principles of procedural fairness.
(2) The Adjudicator is not bound by the technical law of evidence, but may inform itself about any matter in any way that it thinks appropriate. In particular, the Adjudicator may rely, without further inquiry, on information or documents given to the Adjudicator by the Regulatory Authority.
(3) The Adjudicator is not obliged to grant an oral hearing to any party.
(4) The Adjudicator must make a decision in accordance with the substantial equity and fairness of the matter. In particular, the Adjudicator may decide that a party may not rely on a contractual provision if it would be inequitable or unfair to do so.

Example

In deciding the equity and fairness of a matter, the Adjudicator might take into account any of the following:
•   imbalances of power or information between the parties
•   the parties' actual intentions
•   the sincerity of each party
•   whether or not any consent given was truly an informed consent.
(5) The Adjudicator must give its decision in writing and must transmit it through the Authority.
(6) If there is more than 1 member of the Adjudicator, a decision by any member is valid for all purposes as a decision of the Adjudicator.

Guidance

It is expected that only rarely, if ever, would a complaint be decided otherwise than by a single member of the Adjudicator.
(7) Subject to this rule, the Adjudicator may determine its own procedure.
Derived from QFCRA RM/2019-3 (as from 1st January 2020).