Article 18 Leave to appeal
An appeal from the determination of an adjudicator may be made only with the leave of the Tribunal.
An application for leave to appeal shall be made not later than 10 days, or in the case of an application made from outside the United Kingdom, 28 days, after the appellant has received written notice of the determination against which he wishes to appeal.
A time limit set out in paragraph (2) may be extended by the Tribunal where it is satisfied that because of special circumstances, it is just for the time limit to be extended.
An application for leave to appeal shall be made by serving upon the Tribunal the appropriate prescribed form, which shall—
be signed by the appellant or his representative (if he has one);
be accompanied by the adjudicator’s determination;
identify the alleged errors of fact or law in the adjudicator’s determination which would have made a material difference to the outcome, together with all the grounds relied on for the appeal; and
state whether a hearing of the appeal is desired.
When an application for leave to appeal has been made, the Tribunal shall notify the other parties.
The Tribunal shall not be required to consider any grounds other than those included in that application.
Leave to appeal shall be granted only where—
the Tribunal is satisfied that the appeal would have a real prospect of success; or
there is some other compelling reason why the appeal should be heard.
An application for leave to appeal shall be decided by a legally qualified member without a hearing.
When an application for leave to appeal has been decided, written notice of the Tribunal’s decision on the application shall be sent to the parties and, if granted, the grounds upon which the appellant may appeal.
Where the application for leave to appeal is refused, the notice referred to in paragraph (9) shall include, in summary form, the reasons for the refusal.
Subject to section 77, where evidence which was not submitted to the adjudicator is relied upon in an application for leave to appeal, the Tribunal shall not be required to consider that evidence in deciding whether to grant leave to appeal, unless it is satisfied that there were good reasons why it was not submitted to the adjudicator.