Tribunal Procedure (Upper Tribunal) Rules 2008 (“the 2008 Rules”)
Tribunal Procedure (Upper Tribunal) Rules 2008 (“the 2008 Rules”)
Rule 35(1) of the 2008 Rules provides the general rule that “each party is entitled to attend a hearing” before the Upper Tribunal. Rule 36(1) provides that each person entitled to attend a hearing must be given reasonable notice of its time and place, and rule 36(2) provides that, generally, that period must be at least 14 days.
Rule 38 of the 2008 Rules provides as follows:
“If a party fails to attend a hearing, the Upper Tribunal may proceed with the hearing if the Upper Tribunal—
(a) is satisfied that the party has been notified of the hearing or that reasonable steps have been taken to notify the party of the hearing; and
(b) considers that it is in the interests of justice to proceed with the hearing.”
- Heading
- This appeal is DISMISSED. The Traffic Commissioner’s decision of 16 May 2024, directing revocation of operator’s licence no. OH2070734, involved neither error of law nor mistake of fact. Under section
- The Traffic Commissioner’s decision-making
- Legislative framework
- Tribunal Procedure (Upper Tribunal) Rules 2008 (“the 2008 Rules”)
- Grounds of appeal
- Proceedings before the Upper Tribunal
- Conclusions
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