We have received an order from the Legal Officer to the Commissioner to strike out an appeal. To dispute this, do we: (a) request that the appeal is reinstated; or (b) ask the Commissioner to reconsider the order and replace it with his own?

I asked for both in the one letter, but the Legal Officer has directed me to specify one of the two. Is there an advantage in choosing one over the other?

As the legal officer has the power to reinstate under the delegated powers would it not be best to ask him to reinstate and then if he refuses go to the Commissiooner under reg 7(2).

If you go straight to the Commissioner you have missed one chance of a favourable outcome.

Surely it can't be the case that if you ask the legal officer to reinstate you lose your power to go the Commissioner under 7(2). Unless asking the legal officer takes more than 14 days.

Thanks Chris, that's extremely helpful. I'll ask the legal officer to reinstate, at this stage.