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The Decision

Document Cited authorities 5 Cited in Related
Vincent
AuthorAndrew Bano
Pages257-259

Chapter 30

The Decision

ENGLAND AND WALES
30.1 Rule 31(1) of the England and Wales Procedure Rules allows a tribunal to give a decision orally at a hearing, and this practice is generally followed unless a tribunal needs more time to reach a conclusion, or there is some other reason not to announce the decision at the end of the hearing.

30.2 Rule 31(2) of the England and Wales Procedure Rules provides that as soon as reasonably practicable after making a final decision or a decision on a preliminary issue, the tribunal must issue a decision notice giving the following information:

(i) the tribunal’s decision;
(ii) the right to apply for a written statement of reasons if the decision is given without reasons;

(iii) any right of appeal against the decision and the time within which, and the manner in which, the right must be exercised.

The tribunal need not give any information which has been withheld under rule 14(2) (harmful information).1

Reasons
30.3 Rule 32(1) of the England and Wales Procedure Rules allows reasons for a tribunal’s decision to be given either orally at a hearing or in a written statement of reasons, but in England and Wales a tribunal is required to provide written reasons for its decision only if a written application for a statement is made by one of the parties. Following the making of a final decision or a decision on a

1See para 27.11.

258 War Pensions and Armed Forces Compensation – Law and Practice

preliminary issue, an application for a written statement of reasons must be made within 42 days of the date on which the decision notice was sent or provided to the party making the application.2Decision notices are often given to appellants at the end of a hearing, and in such cases the time for applying for a statement of reasons will run from the date on which the hearing took place. Although there is power under rule 5(3)(a) to extend the 42-day period, a failure to apply in time for a statement of reasons may result in the loss of a right of appeal.3

30.4 Rule 32(4) of the England and Wales Procedure Rules provides that a written statement of reasons must be provided within 28 days of the date on which the request is received, or a soon as reasonably practicable after the end of that period.

30.5 Tribunals in England and Wales are encouraged to give ‘summary reasons’, setting out the essence of the tribunal’s reasons for its decision, if full written reasons for...

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