Article 51 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 sent 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 sent to or was not received by 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)

A party applying for a decision, or part of a decision, to be set aside under paragraph (1) must make a written application to the Tribunal so that it is received—

(a)

within 28 days after the date on which the Tribunal sent notice of the decision to the party; or

(b)

if later, within 28 days after the date on which the Tribunal sent notice of the reasons for the decision to the party.

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 51(1) inserted (30.5.2025) by The Tribunal Procedure (Amendment) Rules 2025 (S.I. 2025/561), rules 1, 9(2)(a)
F2: Rule 51(4) inserted (30.5.2025) by The Tribunal Procedure (Amendment) Rules 2025 (S.I. 2025/561), rules 1, 9(2)(b)