Rule 16 WithdrawalI1

England and Wales

(1)

Subject to paragraph (2), an appellant may give notice of the withdrawal of its appeal, or any part of it, and the respondent may do likewise in respect of its case against the appeal—

(a)

at any time before a hearing to consider the disposal of the appeal (or, if the Tribunal disposes of the appeal without a hearing, before that disposal), by sending or delivering to the Tribunal a written notice of withdrawal; or

(b)

orally at a hearing.

(2)

Notice of withdrawal will not take effect unless the Tribunal consents to the withdrawal, which may be given subject to such order relating to costs as the Tribunal shall think fit.

(3)

A party which has withdrawn its appeal or case against the appeal may apply to the Tribunal for the appeal or case to be reinstated.

(4)

An application under paragraph (3) must be made in writing and be received by the Tribunal no later than the date on which expires the period of 28 days beginning with—

(a)

the date on which the Tribunal received the notice under paragraph (1)(a); or

(b)

the date of the hearing at which the appeal or case was withdrawn orally under paragraph (1)(b).

(5)

The Tribunal must notify each party in writing of a withdrawal under this rule.

Annotations

Commencement

I1: Rule 16 in force at 1.10.2011, see rule 1(1)