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• 01 Nov 2024

• Yes

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  Yes. There is a duty to co-operate with each other and to help the tribunal to further the overriding objective and generally. A failure to comply with those duties, which are likely to include compliance with directions, may lead to the ETW drawing an adverse inference: r.5 EdTW Regs 2021

  r.33 EdTW Regs 2021 outlines the ETW’s powers where a party fails to comply with directions. Where a party has failed to comply within the time required then the tribunal may: 

  1. dismiss the appeal or the claim without a hearing where it is the Claimant who has failed to comply; 
  2. Where the party in default is the local authority, FEI governing body or the responsible body, determine the appeal or the claim without a hearing; or 
  3. hold a hearing— (i)without notifying the party in default, and proceed without the party being represented, or (ii)where the parties have already been notified of the hearing direct that neither the party in default nor any person that intends to represent that party or give evidence on that party’s behalf is entitled to attend the hearing.

  Nodi glossary:  Education Tribunal Wales

  

  Nodi No-nonsense Guide Wales
  Authors: Civitas Law education team

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