The Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008

Withdrawal

This section has no associated Explanatory Memorandum

17.—(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[F4(4) An application for a withdrawn case to be reinstated may be made by—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(b)where an appeal in a social security and child support case has been withdrawn, a respondent.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(b)if the applicant was present at the hearing when the case was withdrawn orally under paragraph (1)(b), the date of that hearing.]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.

Textual Amendments