Effect of non-compliance: procedural breaches do not void proceedings unless they cause miscarriage of justice. Failure to observe procedural requirements under the Tribunal Rules does not, by itself, invalidate any proceeding unless the Tribunal is satisfied that such failure has resulted in a miscarriage of justice, thereby permitting invalidation only where material prejudice to fairness is established.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Effect of non-compliance: procedural breaches do not void proceedings unless they cause miscarriage of justice.
Failure to observe procedural requirements under the Tribunal Rules does not, by itself, invalidate any proceeding unless the Tribunal is satisfied that such failure has resulted in a miscarriage of justice, thereby permitting invalidation only where material prejudice to fairness is established.
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