Again we have left it to the good wisdom of the retired judges who are dealing with it. The qualifier is whether it's essential in the interests of justice to do so. An appeal is normally dealt with on the facts that have already been presented. But we have allowed here that perhaps people will find out something different, or they might have something else to bring that would, to a fair-minded person, result in a different conclusion. So the tribunal is given the discretion to do this.
On December 7th, 2009. See this statement in context.