Article 17 Withdrawal

(1)

Subject to paragraph (2), a party may give notice of the withdrawal of its case, or any part of it—

(a)

F1...by sending or delivering to the Tribunal a written notice of withdrawal; or

(b)

orally at a hearing.

(2)

In the circumstances described in paragraph (3), a notice of withdrawal will not take effect unless the Tribunal consents to the withdrawal.

(3)

The circumstances referred to in paragraph (2) are where a party gives notice of withdrawal—

(a)

F2...in a criminal injuries compensation case;

F3(b)

in a social security and child support case where the Tribunal has directed that notice of withdrawal shall take effect only with the Tribunal's consent; or

(c)

at a hearing.

F4(4)

An application for a withdrawn case to be reinstated may be made by—

(a)

the party who withdrew the case;

(b)

where an appeal in a social security and child support case has been withdrawn, a respondent.

(5)

An application under paragraph (4) must be made in writing and be received by the Tribunal within 1 month after the earlier of—

(a)

the date on which the applicant was sent notice under paragraph (6) that the withdrawal had taken effect; or

(b)

if the applicant was present at the hearing when the case was withdrawn orally under paragraph (1)(b), the date of that hearing.

(6)

The Tribunal must notify each party in writing F5that a withdrawal has taken effect under this rule.

Annotations

Textual amendments

F1: Words in rule 17(1)(a) omitted (8.4.2013) by virtue of The Tribunal Procedure (Amendment) Rules 2013 (S.I. 2013/477), rules 1(2)(a), 24(a)
F2: Words in rule 17(3)(a) omitted (8.4.2013) by virtue of The Tribunal Procedure (Amendment) Rules 2013 (S.I. 2013/477), rules 1(2)(a), 24(b)
F3: Rule 17(3)(b)(c) substituted for rule 17(3)(b) and word (8.4.2013) by The Tribunal Procedure (Amendment) Rules 2013 (S.I. 2013/477), rules 1(2)(a), 24(c)
F4: Rule 17(4)(5) substituted (21.8.2015) by The Tribunal Procedure (Amendment) Rule 2015 (S.I. 2015/1510), rules 1, 14
F5: Words in rule 17(6) substituted (8.4.2013) by The Tribunal Procedure (Amendment) Rules 2013 (S.I. 2013/477), rules 1(2)(a), 24(d)