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.