Article 32 Setting aside a decision which disposes of proceedings

(1)

The Tribunal may F1, on the application of a party or on its own initiative, 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 provided 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 provided 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)

An application for a decision, or part of a decision, to be set aside under paragraph (1) must be made—

(a)

if the appellant is outside the United Kingdom, within 28 days; or

(b)

in any other case, within 14 days,

of the date on which the party was sent the notice of decision.

F2(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.

Annotations

Textual amendments

F1: Words in rule 32(1) inserted (30.5.2025) by The Tribunal Procedure (Amendment) Rules 2025 (S.I. 2025/561), rules 1, 10(2)(a)
F2: Rule 32(4) inserted (30.5.2025) by The Tribunal Procedure (Amendment) Rules 2025 (S.I. 2025/561), rules 1, 10(2)(b)