Tribunal rule 45: Difference between revisions
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'''Setting aside a decision which disposes of proceedings''' | '''Setting aside a decision which disposes of proceedings''' | ||
45.—(1) The Tribunal may set aside a decision which disposes of proceedings, or part of such a decision, and re-make the decision or the relevant part of it, if— | 45.—(1) The Tribunal may[, on the application of a party or on its own initiative,]<ref name="A2025">[[Tribunal Procedure (Amendment) Rules 2025]], r5(3) (30 May 2025).</ref> set aside a decision which disposes of proceedings, or part of such a decision, and re-make the decision or the relevant part of it, if— | ||
:(a) the Tribunal considers that it is in the interests of justice to do so; and | :(a) the Tribunal considers that it is in the interests of justice to do so; and | ||
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(3) A party applying for a decision, or part of a decision, to be set aside under paragraph (1) must make a written application to the Tribunal so that it is received no later than 28 days after the date on which the Tribunal sent notice of the decision to the party. | (3) A party applying for a decision, or part of a decision, to be set aside under paragraph (1) must make a written application to the Tribunal so that it is received no later than 28 days after the date on which the Tribunal sent notice of the decision to the party. | ||
'''Last checked:''' | [(4) If the Tribunal sets aside a decision or part of a decision under this rule, the Tribunal must notify each party in writing as soon as reasonably practicable.]<ref name="A2025"/> | ||
'''Last checked:''' 27 June 2025 | |||
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Latest revision as of 10:54, 27 June 2025
Setting aside a decision which disposes of proceedings
45.—(1) The Tribunal may[, on the application of a party or on its own initiative,][1] set aside a decision which disposes of proceedings, or part of such a decision, and re-make the decision or the relevant part of it, if—
- (a) the Tribunal considers that it is in the interests of justice to do so; and
- (b) one or more of the conditions in paragraph (2) are satisfied.
(2) The conditions are—
- (a) a document relating to the proceedings was not sent to, or was not received at an appropriate time by, a party or a party’s representative;
- (b) a document relating to the proceedings was not sent to the Tribunal at an appropriate time;
- (c) a party, or a party’s representative, was not present at a hearing related to the proceedings; or
- (d) there has been some other procedural irregularity in the proceedings.
(3) A party applying for a decision, or part of a decision, to be set aside under paragraph (1) must make a written application to the Tribunal so that it is received no later than 28 days after the date on which the Tribunal sent notice of the decision to the party.
[(4) If the Tribunal sets aside a decision or part of a decision under this rule, the Tribunal must notify each party in writing as soon as reasonably practicable.][1]
Last checked: 27 June 2025
- ↑ Jump up to: 1.0 1.1 Tribunal Procedure (Amendment) Rules 2025, r5(3) (30 May 2025).