Permission to Review
Following the issue of the tribunal decision, the tribunal may either at its own instance or at the request of a party review any decision where it is necessary in the interests of justice to do so.
A party can make a written application asking for permission to have the decision reviewed. The application should state the reasons why a review of the decision is necessary.
The President will determine who should decide the request for a review. If permission is granted, the review may be undertaken by the legal member or the full tribunal who made the decision. In some case this might be undertaken by another legal member or a different tribunal.
The legal member or tribunal reviewing the decision may:
-
Take no action
-
Set the decision aside
-
Correct a minor or accidental error in the decision
Where a decision is set aside, the tribunal may:
-
Re-decide the matter concerned or make another appropriate order
-
Refer the matter to the Upper Tribunal (the appeal jurisdiction)
Applications for permission to review must be received within 14 days of the date the decision was sent to parties.
Permission to Appeal
Either party may seek permission to appeal a tribunal decision to the Upper Tribunal for Scotland where they consider there to be an error in law. This is the only basis on which a permission to appeal can be made.
An application for permission to appeal must be made in writing and:
-
identify the decision
-
identify the alleged point or points of law on which the person making the application wishes to appeal and
-
state the result the party making the application is seeking.
Applications for permission to appeal must be received within 30 days of the date the decision was sent to parties.
