The Tribunal Procedure (First-tier Tribunal) (War Pensions and Armed Forces Compensation Chamber) Rules 2008

Responses and replies U.K.

23.— [F1 (1) When a decision maker receives a copy of the notice of appeal, the decision maker must send or deliver a response to the Tribunal—

(a) where the decision being challenged on appeal is subject to mandatory reconsideration, within 28 days after—

(i) if following reconsideration, the decision maker maintains the decision being challenged, the date on which the decision maker sends the appellant notice that the decision under challenge has been maintained; or

(ii) if following reconsideration, the decision maker revises the decision being challenged, the date on which the decision maker receives a copy of the appellant’s representations or written statement provided under rule 22(2A) (lapse of cases); or

(b) in any other case, within 56 days after the date that the decision maker receives a copy of the notice of appeal or, if rule 21(3) (notice of appeal) applies, a copy of the Tribunal’s decision to admit the appeal.]

(2) The response must state—

(a) the name and address of the decision maker;

(b) the name and address of the decision maker's representative (if any);

(c) an address where documents for the decision maker may be sent or delivered;

(d) the names and addresses of any other respondents and their representatives (if any);

(e) whether the decision maker opposes the appellant's case and, if so, the grounds for such opposition; and

(f) any further information or documents required by a practice direction or direction.

(3) The response may include a submission as to whether it would be appropriate for the case to be dealt with without a hearing.

(4) The decision maker must provide with the response—

(a) a copy of any written record of the decision under challenge, and any statement of reasons for that decision;

(b) copies of all documents relevant to the case in the decision maker's possession, unless a practice direction or direction states otherwise; and

(c) a copy of the notice of appeal, any documents provided by the appellant with the notice of appeal and, unless stated in the notice of appeal, the name and address of the appellant's representative (if any).

(5) The decision maker must provide a copy of the response and any accompanying documents to each other party at the same time as it provides the response to the Tribunal.

(6) The appellant and any other respondent may make a written submission and supply further documents in reply to the decision maker's response.

(7) Any submission or further documents under paragraph (6) must be provided to the Tribunal and to each other party within 1 month after the date on which the decision maker sent the response to the party providing the reply.

[F2 (8) In this rule, a decision is “subject to mandatory reconsideration” where—

(a) an application for reconsideration has been made under Article 53(1) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 (the 2011 Order) and the application has not yet been determined; or

(b) the decision maker is required under Article 53(5) of the 2011 Order to reconsider the decision being challenged.]

Textual Amendments

F1 Rule 23(1) substituted (6.4.2023) by The Tribunal Procedure (Amendment) Rules 2023 (S.I. 2023/327), rules 1, 4(5)(a) (with rule 7)

F2 Rule 23(8) inserted (6.4.2023) by The Tribunal Procedure (Amendment) Rules 2023 (S.I. 2023/327), rules 1, 4(5)(b) (with rule 7)