PART 4Correcting, setting aside, reviewing and appealing Tribunal decisions
Setting aside a decision which disposes of proceedings35.
(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 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 no later than 1 month after the date on which the Tribunal sent notice of 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.