The North West Tribunals Service recently held a series of meetings to explain the impact of the new rules, which were extremely helpful. There were separate meetings for reps and DWP/LA staff. It might be useful for other regions to do the same.
Some of the other more important points and changes, which are likely to be more common, are as follows:
One of the overriding objectives is “avoiding unnecessary formality and seeking flexibility in the proceedings”. All other rules are subject to the overriding objectives (rule 2).
A party’s case may be struck out if “the tribunal considers there is no reasonable prospect of the appellant’s case, or part of it, succeeding”. However, this cannot be done without giving the party the opportunity to make representations (rule 8).
Once the hearing has started an appellant can only withdraw his appeal with the permission of the tribunal. This applies even during the period of any adjournment of the proceedings until the re-hearing (rule 17).
The appellant has 1 month from the date that the DWP/LA submission is sent to him to send in evidence and any written submissions (rule 24). However, note that all rules are subject to rule 2 and the overriding objectives (see above, re-seeking flexibility). Also, note rule 23 which clearly identifies the appellant and the representative as separate entities, and, notwithstanding rule 11(5) and the common law of agency, it was conceded at the meeting that rule 24 imposes no strict liability on representatives to act within the month.
However, it should also be noted that representatives have a duty under rule 2(4) to co-operate with the tribunal and to help further the overriding objectives, one of which is to avoid delay.
Unless both party’s consent to a decision without a hearing then the tribunal must hold an oral hearing “before making a decision which disposes of proceedings” (rule 27). Crucially this includes a decision not to grant a late appeal.
An additional ground for set aside is where “there has been some other procedural irregularity in the proceedings” (rule 37).
When seeking permission (replaces the word “leave”) the party must now state the result that he is seeking (rule38)
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