Paragraph 12 Review of adjudicator’s decisionI1
England and Wales
An adjudicator shall have power on the application of a party, to review and revoke or vary any decision to dismiss or allow an appeal or any decision as to costs on the grounds (in any such case) that—
the decision was wrongly made as a result of an error on the part of his administrative staff;
a party who had failed to appear or to be represented at a hearing had good and sufficient reason for his failure to appear;
where the decision has been made after a hearing, new evidence has become available since the conclusion of the hearing the existence of which could not reasonably have been known or foreseen; or
such a review is required in the interests of justice.
An adjudicator shall have power, on the application of a party, to review and revoke or vary any interlocutory decision.
An application under this paragraph shall be made to the proper officer within 14 days after the date on which the decision was sent to the parties, and must state the grounds in full.
The parties shall have the opportunity to be heard on any application for review under this paragraph; and if, having reviewed the decision, the adjudicator directs the decision to be set aside, he shall substitute such decision as he thinks fit or order a re-determination by either the same or a different adjudicator.
Paragraph 11 applies to a decision under sub-paragraph (1) as it applies to a decision made on the disposal of an appeal.
Annotations
Commencement
- I1
Sch. para. 12 in force at 30.7.2001, see reg. 1