June 2018

From 20 June 2018 until the end of August 2018 (in order to address an increased volume of last-minute requests for postponement withdrawal, concede or a consent order) the Tribunal is introducing a trial whereby these requests must be made a clear 48 hours before the date of the hearing. As requests are processed during the working week the weekend is likely to be excluded and won’t form part of the 48 hours’ notice.

Therefore, if you are appealing and make such a request within 48 hours of the day of your hearing, the Tribunal’s admin team will return your request and inform you to attend the hearing.  If you do not receive a response from the Tribunal you should still attend the hearing and make your application on the day. The only exceptions will be situations arising which are beyond the control of the parties and these will require judicial consideration e.g. personal bereavement.

IPSEA has usually advised that making these types of request within 5 working days of the hearing carries a risk: as the Tribunal has reiterated, the case directions issued on registration of the appeal state that the Tribunal will not accept postponements, withdrawals, concedes or consent orders within 5 working days of the hearing.  Therefore, the trial will in reality provide more time to make such requests but the 48 hour cut-off is going to be applied strictly and will be reviewed in the Autumn.

As always, the parties to any appeal should continue to discuss the issues with one another from the outset of the appeal right up until the hearing to try to resolve matters.

If you need any advice about an appeal, you can find information on our website here and through our Tribunal Help Line.