When is the deadline for application to set aside a first-tier tribunal decision?
The catalogue records a 28 days period from The date on which the Tribunal sent notice of the decision to the party. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 28 days
- Trigger
- The date on which the Tribunal sent notice of the decision to the party
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- Extendable under the general power in rule 5(3)(a), but with a hard consequence for the appeal route: rule 42(3) provides that the later start date for permission to appeal in rule 42(2)(c) "applies only if the application for the decision to be set aside was made within the time stipulated in rule 41 ... or any extension of that time granted by the Tribunal". A set-aside application made out of time therefore does not reset the permission to appeal clock.
- Only available on the rule 41(2) grounds - a document not sent or received in time, non-attendance at a hearing, or another procedural irregularity - plus the interests of justice. CURRENCY: rule 41 was amended on 30 May 2025 by the Tribunal Procedure (Amendment) Rules 2025 (SI 2025/561), which allowed the tribunal to act on its own initiative and added rule 41(4) requiring not