When is the deadline for application to set aside a decision disposing of proceedings?
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 Rule 5(3)(a). Unlike rule 46(4), rule 45 contains no express 'must not admit' sanction for a late application, so the Tribunal's ordinary extension power applies. Extensions are not routine and require an explanation.
- Setting aside under rule 45 requires BOTH that it is in the interests of justice AND one of the procedural conditions in rule 45(2) (a document not sent or received at the appropriate time, a party or representative absent from the hearing, or some other procedural irregularity). It is not a route to challenge the merits. INTERACTION WITH THE APPEAL CLOCK: under rule 46(3), not