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U.T.Application to Appeal/ Statement of Reasons
- adam-ant
- Topic Author
10 years 3 months ago - 10 years 3 months ago #116469 by adam-ant
U.T.Application to Appeal/ Statement of Reasons was created by adam-ant
Could you advise me if the Upper Tribunal has the same duty to provide adequate reasoning in their Statement of Reasons when turning down a request for permission to appeal against a FtT decision
Briefly the facts are as follows....despite numerous errors of law being identified by myself in the application, along with the accompanying evidence, case law etc. , the "Statement of Reasons" received from the U.T. gave a single generalised reason i.e. .. "I can see no identified argument of law enabling me to grant permission to appeal"... No other relevant reasons or explanations were given. My previous appeal to the U.T. with the same case and the same issues were found by that particular judge, to identify errors of law.
Briefly the facts are as follows....despite numerous errors of law being identified by myself in the application, along with the accompanying evidence, case law etc. , the "Statement of Reasons" received from the U.T. gave a single generalised reason i.e. .. "I can see no identified argument of law enabling me to grant permission to appeal"... No other relevant reasons or explanations were given. My previous appeal to the U.T. with the same case and the same issues were found by that particular judge, to identify errors of law.
Last edit: 10 years 3 months ago by bro58. Reason: Tick.
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- Gordon
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10 years 3 months ago #116475 by Gordon
With no other posts on the matter it is a little difficult to offer advise, I assume that you have submitted a request for appeal, if this is an initial refusal then you still have the right to pursue the case with the Upper Tribunal directly, however, if this is the result of an actual UT hearing then you can only escalate the issue to a higher court.
We are very limited in the advice we can offer in regard to appeals to the UT, legal aid should be available and we recommend that all claimants going down this route speak to an advisor with direct experience of these procedures.
The following factsheet may be of assistance
www.disabilityrightsuk.org/appealing-upp...er-tribunal-decision
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic U.T.Application to Appeal/ Statement of Reasons
adam-ant wrote: Could you advise me if the Upper Tribunal has the same duty to provide adequate reasoning in their Statement of Reasons when turning down a request for permission to appeal against a FtT decision
Briefly the facts are as follows....despite numerous errors of law being identified by myself in the application, along with the accompanying evidence, case law etc. , the "Statement of Reasons" received from the U.T. gave a single generalised reason i.e. .. "I can see no identified argument of law enabling me to grant permission to appeal"... No other relevant reasons or explanations were given. My previous appeal to the U.T. with the same case and the same issues were found by that particular judge, to identify errors of law.
With no other posts on the matter it is a little difficult to offer advise, I assume that you have submitted a request for appeal, if this is an initial refusal then you still have the right to pursue the case with the Upper Tribunal directly, however, if this is the result of an actual UT hearing then you can only escalate the issue to a higher court.
We are very limited in the advice we can offer in regard to appeals to the UT, legal aid should be available and we recommend that all claimants going down this route speak to an advisor with direct experience of these procedures.
The following factsheet may be of assistance
www.disabilityrightsuk.org/appealing-upp...er-tribunal-decision
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- bro58
10 years 3 months ago - 10 years 3 months ago #116511 by bro58
Replied by bro58 on topic U.T.Application to Appeal/ Statement of Reasons
Hi a-a,
Gordon is right, you need professional advice.
Here is information that may help if you live in one of the areas covered below :
Legal Aid for UTT Appeals for London, East, S/E England and The Midlands.
If not, try searching potential sources for your Town/City/Postcode.
bro58
Gordon is right, you need professional advice.
Here is information that may help if you live in one of the areas covered below :
Legal Aid for UTT Appeals for London, East, S/E England and The Midlands.
If not, try searching potential sources for your Town/City/Postcode.
bro58
Last edit: 10 years 3 months ago by bro58.
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