Correcting, Setting Aside and Reviewing Decisions

AuthorAndrew Bano
Pages261-263

Chapter 31


Correcting, Setting Aside and Reviewing Decisions

CORRECTING ACCIDENTAL ERRORS
31.1 Rule 34 of the England and Wales Procedure Rules gives a tribunal power to correct ‘any clerical mistake or other accidental slip or omission in a decision, direction or any document’ by sending notification of the amendment to the parties and by amending any information which has been published in relation to the amended document. The power cannot be used to alter a decision or to correct an error which is fundamental to an appeal, but ‘deals with matters that were in a judge’s mind when writing but for some reason did not find their way onto the page’, such as typing errors and mistakenly writing a wrong date (see AS v Secretary of State for Work and Pensions (ESA)1). The power does not cover matters that the judge had meant to mention but forgot to include in a decision.

SETTING ASIDE
31.2 Rule 35 of the England and Wales Procedure Rules allows a tribunal to set aside a final decision or part of such a decision and to re-make the decision if it is in the interests of justice to do so and one or more of the following conditions is satisfied:

(i) 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;

(ii) a document relating to the proceedings was not sent to the tribunal at an appropriate time;

1[2011] UKUT 159 (AAC).

262 War Pensions and Armed Forces Compensation – Law and Practice

(iii) a party or a party’s representative was not present at a hearing related to the proceedings;

(iv) there has been some other procedural irregularity in the proceedings.

A party applying for a decision or part of a decision to be set aside must do so within 1 month after the date on which notice of the decision was sent, subject to the power to extend time under rule 5(3)(a).

31.3 This power provides a remedy in cases where a party has been deprived of the right to a hearing as a result of a procedural mishap, even though there has been no breach of the rules, for example, where a notice of hearing was properly sent but did not reach the appellant (see R(SB) 19/83). It can also be used where a party or a party’s representative did not attend a hearing in time because of travel...

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