When is the deadline for request for a pre-hearing medical examination - 14 days before the hearing?
The catalogue records a 14 days period from The date of the hearing (count backwards). This draft page remains free only until its source, worked example and limits are reviewed.
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Example pending review
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Calculation basis and source
- Period
- 14 days
- Trigger
- The date of the hearing (count backwards)
- 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.
- Missing the 14 days does not extinguish the possibility of an examination: rule 34(2)(c) independently permits an examination 'if the Tribunal has directed that there be such an examination'. A late request is therefore made as an application for a direction. Whether it is granted depends on listing practicalities and is not automatic.
- COUNTED BACKWARDS FROM THE HEARING DATE, which is unusual in this jurisdiction. This is a genuine practitioner diary item: the entitlement to a pre-hearing examination is lost unless the request is in writing and in time. Different rule for s.2 cases: under rule 34(2)(a) the examination happens automatically in s.66(1)(a) proceedings 'unless the Tribunal is satisfied that the p