× Members

Who wrote the rules?

More
7 years 9 months ago #160455 by Gordon
Replied by Gordon on topic Who wrote the rules?
Angel eyes

I'm afraid you are still misunderstanding the role of the UTT, they are not there to hear or re-hear your appeal, they are there to insure that the First Tier panel that did hear your appeal reached a reasonable Decision based on the evidence presented to them.

By definition, new evidence cannot have been reviewed by the FTT panel and therefore cannot be reviewed by the UTT Judge.

I've asked before but you have not replied, what happened with your UTT request?

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

Please Log in or Create an account to join the conversation.

More
7 years 9 months ago #160551 by Angel eyes
Replied by Angel eyes on topic Who wrote the rules?
I get that. The issue is with the process.

When did you ask what happened with my UTT request?

Please Log in or Create an account to join the conversation.

More
7 years 9 months ago - 7 years 9 months ago #160556 by Gordon
Replied by Gordon on topic Who wrote the rules?

Angel eyes wrote: I get that. The issue is with the process.

When did you ask what happened with my UTT request?


Sorry I thought I had actually asked this but it seems it was more a case of expecting you to provide the information.

So what happened, I am trying to determine whether you have exhausted the process or not?

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 9 months ago by Gordon.

Please Log in or Create an account to join the conversation.

More
7 years 9 months ago #160625 by Angel eyes
Replied by Angel eyes on topic Who wrote the rules?
I've been through 2 Tribunals, complaints, Ombudsman. I gave up then someone said I should write to David Cameron so I found some more fight and decided to write to my MP (who is Private Secretary to George Osborne) I wanted to check facts.

Thank you both for your help.

Please Log in or Create an account to join the conversation.

More
7 years 9 months ago #161998 by Angel eyes
Replied by Angel eyes on topic Who wrote the rules?
Please don't shout at me again.

My MP has written to DWP to ask if there are any other ways I can pursue this.

Please Log in or Create an account to join the conversation.

More
7 years 9 months ago #162013 by Gordon
Replied by Gordon on topic Who wrote the rules?

Angel eyes wrote: Please don't shout at me again.

My MP has written to DWP to ask if there are any other ways I can pursue this.


There are three stages to an appeal to the Upper Tier Tribunal.

First of all your arguments that there has been an Error are heard by the Judge who heard your original hearing, if they refuse

then you can make an appeal directly to the UTT, a District Judge will look at your appeal to see whether there might be an Error, if they do not agree then you cannot take the matter further, if they agree that there could be then your appeal is submitted to a UTT judge

the UTT Judge will look at all of the papers involved in the original FTT hearing and the reasons for the Decision and make a formal Decision on whether there has been an Error or not.

So if you have refused at the first stage then there may still be an opportunity to take the matter further although time limits for doing so may still prevent you doing so.

If you have been refused at the second or third stage then you cannot pursue the matter further.

There is one final level, which is a Judicial Review, but there would have had to have been a fundamental error in your case that the original Judge, the District Judge and UTT Judge had all failed to deal with, the chances of this being the case are very very small. JRs require legal representation and you can be charged for a failed request.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

Please Log in or Create an account to join the conversation.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserjimmckChris
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.