The Claims Management Services Tribunal Rules 2007

Review of the Tribunal’s decision

28.—(1) If, on the application of a party or of its own initiative, the Tribunal is satisfied that—

(a) its decision was wrongly made as a result of an error;

(b) new evidence has become available since the conclusion of the hearing to which that decision relates, the existence of which could not have been reasonably known or foreseen; or

(c) there is good reason,

the Tribunal may review and set aside its decision.

(2) An application under paragraph (1) must be made—

(a) orally at the hearing immediately following the announcement of the decision by the Tribunal; or

(b) by way of written application filed not later than 14 days after the date on which the notification of the decision was sent to the party making the application,

stating the grounds on which the application is made.

(3) Where the Tribunal proposes to review its decision on its own initiative, the secretary must notify the parties of that proposal not later than 14 days after the date on which the decision was sent to the parties.

(4) The parties must have an opportunity to make representations on any application or proposal for review under this rule.

(5) A review under this rule is to be determined either by the same members of the Tribunal who made the decision or by a differently constituted Tribunal appointed by the President.

(6) The parties must be notified of the decision that the Tribunal is minded to make following a review under this rule and have an opportunity to make representations.

(7) The decision of the Tribunal whether or not to set aside the decision must be recorded in a certificate signed by the chairman.

(8) If the Tribunal sets the decision aside—

(a) the Tribunal must—

(i) substitute such decision as it thinks fit; or

(ii) order a re-hearing before either the same or a differently constituted Tribunal; and

(b) the certificate of the chairman recording the decision in accordance with paragraph (7) must be sent to the secretary who must immediately—

(i) make such correction as may be necessary in the register; and

(ii) must send a copy of the entry so corrected to each party.

(9) If the Tribunal does not set the decision aside the secretary must notify each of the parties in writing to this effect.