Reviews
Rules 48 and 49 of the Welsh Language Tribunal Rules 2015 (‘the Rules’)
A party may apply to the Tribunal for a review of any decision which has the effect of concluding the application (save for a decision under rule 16(3) of the Rules to refuse permission to apply for a review of a decision by the Commissioner: see Applying for Reconsideration of Refusal to Grant Permission for section 103 Application below) on the grounds that:
a) the decision was wrongly made as a result of a material error on the part of the Tribunal administration;
b) a party, who was entitled to be heard at the hearing but failed to appear or to be represented, had good and sufficient reason for failing to appear; or
c) there was an obvious and material error in the decision.
An application for a decision of the Tribunal to be reviewed must be made in writing stating the grounds and must be received by the Tribunal no later than 28 days after the date on which the decision was sent to the parties.
Where the Tribunal has decided not to extend time for submitting a notice of application under rule 11 of the Rules, the person who submitted that notice of application may also apply for a review of the decision on the same basis and within the same period.
Appeals to the High Court
Rule 50 of the Welsh Language Tribunal Rules 2015 (‘the Rules’)
A party may, with the permission of the Tribunal or High Court, appeal to the High Court on a question of law arising out of a decision of the Tribunal determining an application under paragraphs 59, 97, 101 or 105 of the Welsh Language (Wales) Measure 2011.
If permission to appeal to the High Court is sought from the Tribunal, the application for permission to appeal must be received by the Tribunal no later than 28 days after the date on which the decision was sent to the parties.
On receiving the application for permission, the President of the Welsh Language Tribunal will first consider, taking into account the overriding objective, whether or not to review the Tribunal’s decision in accordance with rule 48 of the Rules, unless the decision has already been reviewed, or the President has refused an application for review.
If the President decides not to review the decision or reviews the decision and decides to take no action in relation to the decision or the part of it to which the proposed appeal relates, the President will then consider whether to give permission to appeal in relation to the decision or that part of it.
If permission to appeal to the High Court is sought from the High Court, that application must be made in accordance with Part 52 of the Civil Procedure Rules.