Set Aside Tribunal Decision Due to Apellant being late

Sometimes a client gets lost and have been unable to give oral representations or have been late in getting to the location. The tribunal has the power to adjourn the hearing by can continue with a hearing as long as rule 31 is fulfilled. Namely:

1)    He has been notified of hearing or reasonable steps have been taken to notify him of the same
2)    It is in the interest of justice to proceed with the hearing.

So if an appellant fails to attend the hearing without an explanation it will be usually alright to proceed in his absence.

However the appellant always has the right to apply to set-aside the decision when he is not present and this is dealt by the District Judge. please note that this may not always work if the tribunal log times as above and felt there was sufficient evidence already present. As mentioned in our general guide.

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