[2024] UKUT 33 (LC)

Rule 54 of the Tribunal Procedure (Upper Tribunal) (Lands Chamber) Rules 2010 gives the Tribunal power to set aside a decision which disposes of proceedings, or part of such a decision, and to remake it if the Tribunal considers that it is in the interests of justice to do so and if one or more of the conditions in paragraph (2) of the rule is satisfied.

Those conditions are as follows:

The discretion conferred on the Tribunal by rule 54 is therefore exercisable only if one or more of the specified conditions is met.

By rule 54(3) a party applying for a decision to be set aside under the rule must send a written application to the Tribunal and all other parties so that it is received no later than one month after the date on which the Tribunal sent notice of the decision to the party.

The power to set aside a decision under rule 54 is in addition to the Tribunal’s power to review its decisions (and, if appropriate, set aside and remake them) which is conferred by section 10, Tribunals, Courts and Enforcement Act 2007. Although section 10 confers a wide power to review decisions the circumstances in which that power may be exercised are closely controlled by rules 56 and 57. Thus, the Tribunal may only undertake a review of a decision on receiving an application for permission to appeal (rule 57(1)). It may then only review the decision if one of the two conditions in rule 56(1) are satisfied. These are that the Tribunal overlooked a legislative provision or binding authority which could have had a material effect on the decision, or that a binding decision has been made by a higher court since the Tribunal’s decision which could have had a material effect on the decision.

The Tribunal has power under rule 58 to treat an application under rule 54 to set aside a decision which finally disposes of proceedings as if it was an application for permission to appeal to the Court of Appeal, or for a review of the decision under rule 57.

Finally, in the Rules “party” is a defined expression which includes an “objector”, and an “objector” is someone who has given the Tribunal a notice of objection to an application under section 84 (rule 1(3)). Therefore, in an application under section 84 a person who has not given the Tribunal a notice of objection is not an objector, nor are they a party. It has not been suggested that Southwark is not entitled to make an application to set aside the order of 24 February 2022 under rule 54(1) and Mr Upton did not object to it being joined as a party to enable it to do so. The Tribunal has power under rule 9(1) to add a party to any proceedings and it will exercise that power whenever it is necessary to enable it to deal with cases fairly and justly. I indicated at the hearing that I would make an order joining Southwark as a party to the application.