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appeal to upper tribunal

  • holloway
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8 years 5 months ago #144276 by holloway
appeal to upper tribunal was created by holloway
appealed to upper tribunal on points of law on original decision.
got letter back saying that I was refused permission to appeal???
What's that all about?
I was denied representation at the appeal - surely that is a valid point of law to appeal?

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8 years 5 months ago #144303 by Gordon
Replied by Gordon on topic appeal to upper tribunal

holloway wrote: appealed to upper tribunal on points of law on original decision.
got letter back saying that I was refused permission to appeal???
What's that all about?
I was denied representation at the appeal - surely that is a valid point of law to appeal?


It depends on who has denied permission.

When you make an appeal to the UTT, the Judge of your hearing or sometimes a District Judge will look at your reasons to see whether they agree that an Error has occurred, if they do then they can Set Aside the hearing's Decision and a new hearing will be arranged. If they do not agree then they will refuse permission.

If this happens then you can make an appeal directly to the UTT and a senior Judge will look at your reasons. If they agree that there may have been an Error (not that there is an Error) then they will refer you papers to the UTT for a hearing to be held on whether an Error has actually occurred.

If they do not believe that an Error has occurred then they will refuse permission and you cannot take the matter further.

If your letter is in regard the former scenario then there should be an accompanying leaflet that explain how to take your appeal directly to the UTT.

Gordon

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

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