Article 44 Summary determination of appeals
Subject to paragraph (2), where it appears to the appellate authority that the issues raised in an appeal have been determined—
in the case of an appeal before an adjudicator, by the same or another adjudicator or by the Tribunal, or
in the case of an appeal before the Tribunal, by the Tribunal,
in previous proceedings to which the appellant, or a family member, was a party, on the basis of facts which did not materially differ from those to which the appeal relates, the appellate authority may determine the appeal summarily without a hearing.
Before the appellate authority determines an appeal summarily in accordance with paragraph (1), it shall give the parties an opportunity of making representations to the effect that the appeal ought not to be determined in that way.
Where an appeal is determined summarily in accordance with paragraph (1), the appellate authority shall send to the parties written notice of that fact, and that notice shall—
contain a statement of the issues raised in the appeal; and
specify the previous proceedings in which those issues were determined.
In this rule, “family member” means a person on whom a notice was served under section 74(4) at the same time in relation to the previous proceedings referred to in paragraph (1) that such a notice was served on the appellant.