Commentary

A5.617 Correcting, setting aside, reviewing or appealing decisions of the Upper Tribunal

Administration and compliance

A5.617 Correcting, setting aside, reviewing or appealing decisions of the Upper Tribunal

A5.617 Correcting, setting aside, reviewing or appealing decisions of the Upper Tribunal

For the latest New Development, see ND.1826.

Corrections

Accidental slips or clerical mistakes, eg spelling mistakes or missing words, in any decision or any direction sent by the Upper Tribunal, may be amended at any time. The amendment may be made by the Upper Tribunal itself if it notices the mistake, or by either party writing to the tribunal pointing out the mistake and asking for it to be amended. If a decision or direction is amended, a copy will be sent to all parties, and if the decision has been published, the published decision will be replaced with the amended version1.

Setting aside a decision

If there have been procedural irregularities during a case, an application can be made to set aside the decision (or part of it). Such an application may be made where2:

  1.  

    •     a party to the proceedings (or their representative) was not sent or did not receive a document at the appropriate time;

  2.  

    •     a document relating to the proceedings was not sent to the tribunal considering the

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