An appeal by way of re-hearing under s.169 of the Legal Practice Act 1996 may require the Full Tribunal to conduct a full re-hearing of all issues and evidence, rather than requiring the appellant to first demonstrate error on the face of the reasons below. The statutory duty under s.407 to act fairly and according to the substantial merits of the case raises a question whether a tribunal may entertain and uphold a no-case submission. Where a tribunal's decision rests on evidence subsequently acknowledged to be false, a question of law arises as to whether the decision is vitiated. The questions identified were left for determination at the hearing of the appeal.
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