The Tribunal Procedure (First-tier Tribunal) (War Pensions and Armed Forces Compensation Chamber) Rules 2008

• (1) Subject to the following paragraphs, the Tribunal must hold a hearing before making a decision which disposes of proceedings unless—

• (a) each party has consented to, or has not objected to, the matter being decided without a hearing; and

• (b) the Tribunal considers that it is able to decide the matter without a hearing.

• (2) This rule does not apply to decisions under Part 4.

• (3) The Tribunal may in any event dispose of proceedings without a hearing under rule 8 (striking out a party's case).

26

Subject to rule 28(4) (exclusion of a person from a hearing), each party to proceedings is entitled to attend a hearing.

27

• (1) The Tribunal must give each party entitled to attend a hearing reasonable notice of the time and place of the hearing (including any adjourned or postponed hearing) and any changes to the time and place of the hearing.

• (2) The period of notice under paragraph (1) must be at least 14 days except that the Tribunal may give shorter notice—

• (a) with the parties' consent; or

• (b) in urgent or exceptional circumstances.

28

• (1) Subject to the following paragraphs, all hearings must be held in public.

• (2) The Tribunal may give a direction that a hearing, or part of it, is to be held in private.

• (2A) Without prejudice to paragraph (2), the Tribunal may direct that a hearing, or part of it, is to be held in private if—

• (a) the Tribunal directs that the proceedings are to be conducted wholly or partly as video proceedings or audio proceedings;

• (b) it is not reasonably practicable for such a hearing, or such part, to be accessed in a court or tribunal venue by persons who are not parties entitled to participate in the hearing;

• (c) a media representative is not able to access the proceedings remotely while they are taking place; and

• (d) such a direction is necessary to secure the proper administration of justice.

• (3) Where a hearing, or part of it, is to be held in private, the Tribunal may determine who is permitted to attend the hearing or part of it.

• (4) The Tribunal may give a direction excluding from any hearing, or part of it—

• (a) any person whose conduct the Tribunal considers is disrupting or is likely to disrupt the hearing;

• (b) any person whose presence the Tribunal considers is likely to prevent another person from giving evidence or making submissions freely;

• (c) any person who the Tribunal considers should be excluded in order to give effect to a direction under rule 14(2) (withholding information likely to cause harm); or

• (d) any person where the purpose of the hearing would be defeated by the attendance of that person.

• (5) The Tribunal may give a direction excluding a witness from a hearing until that witness gives evidence.

29

If a party fails to attend a hearing the Tribunal may proceed with the hearing if the 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.

30

• (1) The Tribunal may, at the request of the parties but only if it considers it appropriate, make a consent order disposing of the proceedings and making such other appropriate provision as the parties have agreed.

• (2) Notwithstanding any other provision of these Rules, the Tribunal need not hold a hearing before making an order under paragraph (1), or provide reasons for the order.

31

• (1) The Tribunal may give a decision orally at a hearing.

• (2) Subject to rule 14(2) (withholding information likely to cause harm), the Tribunal must provide to each party as soon as reasonably practicable after making a decision (other than a decision under Part 4) which finally disposes of all issues in the proceedings or of a preliminary issue dealt with following a direction under rule 5(3)(e)—

• (a) a decision notice stating the Tribunal's decision;

• (b) where appropriate, notification of the right to apply for a written statement of reasons under rule 32(2); and

• (c) notification of any right of appeal against the decision and the time within which, and the manner in which, such right of appeal may be exercised.

32

• (1) The Tribunal may give reasons for a decision which disposes of proceedings (except a decision under Part 4)—

• (a) orally at a hearing; or

• (b) in a written statement of reasons to each party.

• (2) Unless the Tribunal has already provided a written statement of reasons under paragraph (1)(b), a party may make a written application to the Tribunal for such statement following a decision which finally disposes of—

• (a) all issues in the proceedings; or

• (b) a preliminary issue dealt with following a direction under rule 5(3)(e).

• (3) An application under paragraph (2) must be received within 42 days of the date on which the Tribunal sent or otherwise provided to the party a decision notice relating to the decision ....

• (4) If a party makes an application in accordance with paragraphs (2) and (3) the Tribunal must, subject to rule 14(2) (withholding information likely to cause harm), send a written statement of reasons to each party within 28 days of the date on which it received the application or as soon as reasonably practicable after the end of that period.

33

In this Part—

• “appeal” means the exercise of a right of appeal on a point of law under section 11 of the 2007 Act; and

• “review” means the review of a decision by the Tribunal under section 9 of the 2007 Act.

34

The Tribunal may at any time correct any clerical mistake or other accidental slip or omission in a decision, direction or any document produced by it, by—

• (a) sending notification of the amended decision or direction, or a copy of the amended document, to all parties; and

• (b) making any necessary amendment to any information published in relation to the decision, direction or document.

35

• (1) The Tribunal may , on the application of a party or on its own initiative, set aside a decision which disposes of proceedings, or part of such a decision, and re-make the decision, or the relevant part of it, if—

• (a) the Tribunal considers that it is in the interests of justice to do so; and

• (b) one or more of the conditions in paragraph (2) are satisfied.

• (2) The conditions are—

• (a) a document relating to the proceedings was not sent to, or was not received at an appropriate time by, a party or a party's representative;

• (b) a document relating to the proceedings was not sent to the Tribunal at an appropriate time;

• (c) a party, or a party's representative, was not present at a hearing related to the proceedings; or

• (d) there has been some other procedural irregularity in the proceedings.

• (3) A party applying for a decision, or part of a decision, to be set aside under paragraph (1) must make a written application to the Tribunal so that it is received no later than 1 month after the date on which the Tribunal sent notice of the decision to the party.

• (4) If the Tribunal sets aside a decision or part of a decision under this rule, the Tribunal must notify each party in writing as soon as reasonably practicable.

36

• (1) A person seeking permission to appeal must make a written application to the Tribunal for permission to appeal.

• (2) An application under paragraph (1) must be sent or delivered to the Tribunal so that it is received no later than 42 days after the latest of the dates that the Tribunal sends—

• (za) the relevant decision notice;

• (a) written reasons for the decision , if the decision disposes of—

• (i) all issues in the proceedings; or

• (ii) subject to paragraph (2A), a preliminary issue dealt with following a direction under rule 5(3)(e);

• (b) notification of amended reasons for, or correction of, the decision following a review; or

• (c) notification that an application for the decision to be set aside has been unsuccessful.

• (2A) The Tribunal may direct that the 42 days within which a party may send or deliver an application for permission to appeal against a decision that disposes of a preliminary issue shall run from the date of the decision that disposes of all issues in the proceedings.

• (3) The date in paragraph (2)(c) applies only if the application for the decision to be set aside was made within the time stipulated in rule 35 (setting aside a decision which disposes of proceedings) or any extension of that time granted by the Tribunal.

• (4) If the person seeking permission to appeal sends or delivers the application to the Tribunal later than the time required by paragraph (2) or by any extension of time under rule 5(3)(a) (power to extend time)—

• (a) the application must include a request for an extension of time and the reason why the application was not made in time; and

• (b) unless the Tribunal extends time for the application under rule 5(3)(a) (power to extend time) the Tribunal must not admit the application.

• (5) An application under paragraph (1) must—

• (a) identify the decision of the Tribunal to which it relates;

• (b) identify the alleged error or errors of law in the decision; and

• (c) state the result the party making the application is seeking.

• (6) If a person makes an application under paragraph (1) when the Tribunal has not given a written statement of reasons for its decision—

• (a) if no application for a written statement of reasons has been made to the Tribunal, the application for permission must be treated as such an application;

• (b) unless the Tribunal decides to give permission and directs that this sub-paragraph does not apply, the application is not to be treated as an application for permission to appeal; and

• (c) if an application for a written statement of reasons has been, or is, refused because of a delay in making the application, the Tribunal must only admit the application for permission if the Tribunal considers that it is in the interests of justice to do so.

37

• (1) On receiving an application for permission to appeal the Tribunal must first consider, taking into account the overriding objective in rule 2, whether to review the decision in accordance with rule 38 (review of a decision).

• (2) If the Tribunal decides not to review the decision, or reviews the decision and decides to take no action in relation to the decision, or part of it, the Tribunal must consider whether to give permission to appeal in relation to the decision or that part of it.

• (3) The Tribunal must send a record of its decision to the parties as soon as practicable.

• (4) If the Tribunal refuses permission to appeal it must send with the record of its decision—

• (a) a statement of its reasons for such refusal; and

• (b) notification of the right to make an application to the Upper Tribunal for permission to appeal and the time within which, and the method by which, such application must be made.

• (5) The Tribunal may give permission to appeal on limited grounds, but must comply with paragraph (4) in relation to any grounds on which it has refused permission.

38

• (1) The Tribunal may only undertake a review of a decision—

• (a) pursuant to rule 37(1) (review on an application for permission to appeal); and

• (b) if it is satisfied that there was an error of law in the decision.

• (2) The Tribunal must notify the parties in writing of the outcome of any review, and of any right of appeal in relation to the outcome.

• (3) If the Tribunal takes any action in relation to a decision following a review without first giving every party an opportunity to make representations, the notice under paragraph (2) must state that any party that did not have an opportunity to make representations may apply for such action to be set aside and for the decision to be reviewed again.

39

The Tribunal may treat an application for a decision to be corrected, set aside or reviewed, or for permission to appeal against a decision, as an application for any other one of those things.

Editorial notes

[^c19436191]: 2007 c.15.

[^c19436221]: 1996 c.23.

[^c19436231]: 1971 c.80.

[^c19436241]: S.I. 2008/2684.

[^key-a6ae08b015917a26a1119541ebd5d259]: Rule 21(7) inserted (1.9.2009) by The Tribunal Procedure (Amendment No. 2) Rules 2009 (S.I. 2009/1975), rules 1, 5

[^key-db5afd9d26217732aabebb0c4835931a]: Words in rule 1(3) substituted (18.1.2010) by The Tribunal Procedure (Amendment) Rules 2010 (S.I. 2010/43), rules 1, 4

[^key-979c8e46fb11994f746b7b689d19f96e]: Rule 22 substituted (29.11.2010) by The Tribunal Procedure (Amendment No. 3) Rules 2010 (S.I. 2010/2653), rules 1, 7(4)

[^key-8af72b9f0fe9202c00671628e1e1bedf]: Rule 1(2) substituted (29.11.2010) by The Tribunal Procedure (Amendment No. 3) Rules 2010 (S.I. 2010/2653), rules 1, 7(2)

[^key-7eb58c774a104c49de107ffef9f76f56]: Words in rule 8(8) inserted (29.11.2010) by The Tribunal Procedure (Amendment No. 3) Rules 2010 (S.I. 2010/2653), rules 1, 7(3)

[^key-d96635850ed9eed2552bf65ed519c2a1]: Rule 21(1) substituted (9.5.2011) by The Tribunal Procedure (Amendment) Rules 2011 (S.I. 2011/651), rules 1(2)(b), 6(2) (with rule 7)

[^key-f8c90e2940918a85a6386d46f6bf0036]: Rule 21(4) substituted (9.5.2011) by The Tribunal Procedure (Amendment) Rules 2011 (S.I. 2011/651), rules 1(2)(b), 6(3) (with rule 7)

[^key-b73995990f6f07f46d4a19ef9fc1326d]: Words in rule 21(6)(b) substituted (9.5.2011) by The Tribunal Procedure (Amendment) Rules 2011 (S.I. 2011/651), rules 1(2)(b), 6(4) (with rule 7)

[^key-a63cd8e2e39ef3053bcebaa11686c228]: Words in rule 17(1)(a) omitted (1.4.2013) by virtue of The Tribunal Procedure (Amendment) Rules 2013 (S.I. 2013/477), rules 1(2)(c), 45(a)

[^key-d1741dd85c0b5b8699f1524e56793809]: Words in rule 17(2) substituted (1.4.2013) by The Tribunal Procedure (Amendment) Rules 2013 (S.I. 2013/477), rules 1(2)(c), 45(b)

[^key-e93b9ff941d439b937a2aa26ede20851]: Words in rule 31(2) substituted (1.4.2013) by The Tribunal Procedure (Amendment) Rules 2013 (S.I. 2013/477), rules 1(2)(c), 46

[^key-bc4b22c4328e09352f4c35333817d270]: Words in rule 32(2) substituted (1.4.2013) by The Tribunal Procedure (Amendment) Rules 2013 (S.I. 2013/477), rules 1(2)(c), 47(a)

[^key-949368aacb32a98a251fbc05708bac5a]: Words in rule 32(3) omitted (1.4.2013) by virtue of The Tribunal Procedure (Amendment) Rules 2013 (S.I. 2013/477), rules 1(2)(c), 47(b)

[^key-a5bc00a5658f9329846b67305b65810c]: Rule 36(2A) inserted (1.4.2013) by The Tribunal Procedure (Amendment) Rules 2013 (S.I. 2013/477), rules 1(2)(c), 48(c)

[^key-4b817990b93eb4ed3a9e4fb00a7e608d]: Rule 36(2)(za) inserted (1.4.2013) by The Tribunal Procedure (Amendment) Rules 2013 (S.I. 2013/477), rules 1(2)(c), 48(a)

[^key-87c20d00c7fcf447e2a09ac408dd9a9f]: Words in rule 36(2)(a) inserted (1.4.2013) by The Tribunal Procedure (Amendment) Rules 2013 (S.I. 2013/477), rules 1(2)(c), 48(b)

[^key-1cbf68a4e0adac8e44814f9f0604dbc2]: Words in rule 36(2)(a)(ii) substituted (1.11.2013) by The Tribunal Procedure (Amendment No. 4) Rules 2013 (S.I. 2013/2067), rules 1, 28

[^key-a149f5a632b87009ae699663c7ca2d1c]: Rule 5A inserted (temp.) (10.4.2020) by virtue of The Tribunal Procedure (Coronavirus) (Amendment) Rules 2020 (S.I. 2020/416), rules 1(2), 3(2) (with rule 1(2))

[^key-a1a428e3dfbcaadc52d91864733c83fc]: Rule 28A inserted (temp.) (10.4.2020) by virtue of The Tribunal Procedure (Coronavirus) (Amendment) Rules 2020 (S.I. 2020/416), rules 1(2), 3(4) (with rule 1(2))

[^key-7e1ae38456da1d15e874ca3f44d55298]: Rule 28(2A) inserted (temp.) (10.4.2020) by virtue of The Tribunal Procedure (Coronavirus) (Amendment) Rules 2020 (S.I. 2020/416), rules 1(2), 3(3) (with rule 1(2))

[^key-f748f8890641f35682421cc4510bedde]: Words in rule 4(1) inserted (21.7.2020) by The Tribunal Procedure (Amendment) Rules 2020 (S.I. 2020/651), rules 1(1), 4(2)(a)(i)

[^key-e8acb644320e1979e51891ca9a294df7]: Words in rule 4(1) substituted (21.7.2020) by The Tribunal Procedure (Amendment) Rules 2020 (S.I. 2020/651), rules 1(1), 4(2)(a)(ii)

[^key-d70c66663dd263aa2f6f94b5ece790be]: Words in rule 4(1) inserted (21.7.2020) by The Tribunal Procedure (Amendment) Rules 2020 (S.I. 2020/651), rules 1(1), 4(2)(a)(iii)

[^key-3e13c8699182748774f589ad70f0ffca]: Rule 4(2) omitted (21.7.2020) by virtue of The Tribunal Procedure (Amendment) Rules 2020 (S.I. 2020/651), rules 1(1), 4(2)(b)

[^key-dd14f4367f62b0113cd9357353c7535a]: Rule 28A(4) inserted (temp.) (21.7.2020) by virtue of The Tribunal Procedure (Amendment) Rules 2020 (S.I. 2020/651), rules 1(1), 4(3) (with rule 1(2))

[^key-c6c18004c66139e9423ab3fb0372c835]: Rule 6(3A) inserted (6.4.2023) by The Tribunal Procedure (Amendment) Rules 2023 (S.I. 2023/327), rules 1, 4(2) (with rule 7)

[^key-ad7b19ff3731123a0c20aa8649508e63]: Word in rule 21(1) substituted (6.4.2023) by The Tribunal Procedure (Amendment) Rules 2023 (S.I. 2023/327), rules 1, 4(3)(a) (with rule 7)

[^key-ab8e9b6559e4d73738dbe4459604af25]: Rule 21(5A) inserted (6.4.2023) by The Tribunal Procedure (Amendment) Rules 2023 (S.I. 2023/327), rules 1, 4(3)(b) (with rule 7)

[^key-0608a44b15e0aec3da8f6197d1ed0e1b]: Words in rule 21(6) substituted (6.4.2023) by The Tribunal Procedure (Amendment) Rules 2023 (S.I. 2023/327), rules 1, 4(3)(c) (with rule 7)

[^key-2d7f89a6a2a9d5ec2dbadb7fc08e2751]: Words in rule 22(1) substituted (6.4.2023) by The Tribunal Procedure (Amendment) Rules 2023 (S.I. 2023/327), rules 1, 4(4)(a)(i) (with rule 7)

[^key-29e6ca78443a74b3e4df2147fb7a147f]: Word in rule 22(1)(a) omitted (6.4.2023) by virtue of The Tribunal Procedure (Amendment) Rules 2023 (S.I. 2023/327), rules 1, 4(4)(a)(ii) (with rule 7)

[^key-0424a82cdc60bf8222206a4ce0b0b4a5]: Rule 22(1)(c) and word inserted (6.4.2023) by The Tribunal Procedure (Amendment) Rules 2023 (S.I. 2023/327), rules 1, 4(4)(a)(iii) (with rule 7)

[^key-e936d3b522a741271066b660fa0c5693]: Word in rule 22(2) substituted (6.4.2023) by The Tribunal Procedure (Amendment) Rules 2023 (S.I. 2023/327), rules 1, 4(4)(b) (with rule 7) (as amended (25.12.2023) by The Tribunal Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1280), rules 1, 6(2))

[^key-c3da41d9500cdfe8f2ddc134575ee72f]: Rule 22(2A) inserted (6.4.2023) by The Tribunal Procedure (Amendment) Rules 2023 (S.I. 2023/327), rules 1, 4(4)(c) (with rule 7)

[^key-c1d4d0affb0ab065d046afb265ad90f6]: Rule 22(3) omitted (6.4.2023) by virtue of The Tribunal Procedure (Amendment) Rules 2023 (S.I. 2023/327), rules 1, 4(4)(d) (with rule 7)

[^key-14ed78310058acc980b2198bdd63de48]: Rule 22(4) inserted (6.4.2023) by The Tribunal Procedure (Amendment) Rules 2023 (S.I. 2023/327), rules 1, 4(4)(e) (with rule 7)

[^key-b34184cfd070518eeba4ce040fccfc83]: Rule 23(1) substituted (6.4.2023) by The Tribunal Procedure (Amendment) Rules 2023 (S.I. 2023/327), rules 1, 4(5)(a) (with rule 7)

[^key-dd0086fc0a9565b856b06201c099a0db]: Rule 23(8) inserted (6.4.2023) by The Tribunal Procedure (Amendment) Rules 2023 (S.I. 2023/327), rules 1, 4(5)(b) (with rule 7)

[^key-f3738411403325bc1dc8d6f5f6daaa8d]: Rule 24(1) omitted (6.4.2023) by virtue of The Tribunal Procedure (Amendment) Rules 2023 (S.I. 2023/327), rules 1, 4(6)(a) (with rule 7)

[^key-f0258dab0fc1a9c1e0de71b81df7c4cf]: Rule 24(2) omitted (6.4.2023) by virtue of The Tribunal Procedure (Amendment) Rules 2023 (S.I. 2023/327), rules 1, 4(6)(a) (with rule 7)

[^key-d2b38bed9ba0f2a671835d00dc38d564]: Words in rule 24(5) omitted (6.4.2023) by virtue of The Tribunal Procedure (Amendment) Rules 2023 (S.I. 2023/327), rules 1, 4(6)(b) (with rule 7)

[^key-7dac91232d01db9a9136c38db15f64c3]: Words in rule 6(3A) substituted (25.12.2023) by The Tribunal Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1280), rules 1, 2(2)

[^key-d24811826d198137b05a5faf5f803438]: Word in rule 21(2) substituted (25.12.2023) by The Tribunal Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1280), rules 1, 2(3)

[^key-1ef8128f91989cce8ec57ddb883f1361]: Rule 35(4) inserted (30.5.2025) by The Tribunal Procedure (Amendment) Rules 2025 (S.I. 2025/561), rules 1, 3(2)(b)

[^key-dae0ad5f6181542f925959f01c7b0505]: Words in rule 35(1) inserted (30.5.2025) by The Tribunal Procedure (Amendment) Rules 2025 (S.I. 2025/561), rules 1, 3(2)(a)

Coronavirus temporary rule (decisions without a hearing)

5A

• (1) Notwithstanding anything in rule 25 (decision with or without a hearing), the Tribunal may make a decision which disposes of proceedings without a hearing if the Tribunal considers that the conditions in paragraph (2) are satisfied.

• (2) The conditions are—

• (a) the matter is urgent;

• (b) it is not reasonably practicable for there to be a hearing (including a hearing where the proceedings would be conducted wholly or partly as video proceedings or audio proceedings); and

• (c) it is in the interests of justice to do so.

• (3) This rule does not prejudice any power of the Tribunal to make a decision which disposes of proceedings without a hearing otherwise than under this rule.

Procedure for applying for and giving directions

Failure to comply with rules etc.

Striking out a party's case

Substitution and addition of parties

No power to award costs

Representatives

Calculating time

Sending and delivery of documents

Use of documents and information

Evidence and submissions

Summoning of witnesses and orders to answer questions or produce documents

Withdrawal

Lead cases

Transfer of cases

Expenses

Coronavirus temporary rule (recording of remote hearings)

28A

• (1) In the circumstances set out in paragraph (3), the Tribunal must direct that the hearing be recorded, if practicable.

• (2) Where the Tribunal has made a direction under paragraph (1), it may direct the manner in which the hearing must be recorded.

• (3) The circumstances referred to in paragraph (1) are that the hearing, or part of it, is—

• (a) held in private under rule 28(2A); or

• (b) only treated as held in public by virtue of a media representative being able to access the proceedings remotely while they are taking place.

• (4) On the application of any person, any recording made pursuant to a direction under paragraph (1) is to be accessed with the consent of the Tribunal in such manner as the Tribunal may direct.

Hearings in a party's absence