CCM10260 - Penalties and Interest

S19(2) notice

When you open an enquiry you will informally ask for the information or evidence which you need. Where you do not get a reply or you get only a partial reply you will need to make a formal request for the details. If this does not secure the outstanding information or evidence you will have to decide whether to

• make a S19(3) decision or
• consider penalty action.

How you proceed will depend on the particular circumstances of the case and what further details you are seeking. You might feel that you have enough information to make a formal S19(3) decision (see CCM10270) or to seek a contract letter of offer based on your conclusions. However, you must remember that you will not be able to open another enquiry for this year. If some further information comes to light you might be able to open a S20(4) discovery enquiry but you should not settle an enquiry prematurely in the belief that you can resort to S20 if you are eventually able to confirm the details. You can only use S20(4) where there has been fraud or neglect by the claimants. If the claimant can successfully argue that his or her actions did not amount to neglect you will not be able to revise the award.

If you believe you still need the outstanding details before you can make a decision see CCM10280.