PART 7Correcting, setting aside, reviewing and appealing decisions of the Upper Tribunal
Setting aside a decision which disposes of proceedings43
1
The Upper Tribunal may 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 Upper 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 Upper 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 Upper 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.