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Setting aside post FTT
to save me ploughing thro all the text books any advice re setting aside which in essence is due to human fallibility
Thanks in advance
37(2) (d)?
Setting aside a decision which disposes of proceedings
37.—(1) The 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 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.