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The same Tribunal Judge in a set aside request ?
- Sham
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11 years 3 months ago - 11 years 3 months ago #97093 by Sham
The same Tribunal Judge in a set aside request ? was created by Sham
Happy New Year to all !, please may I kindly request some help, I recently had a Tribunal Appeal which was not upheld, after receiving a statement of reasons we found what we believe are errors in law upon which we felt we could make a request to have the decision set aside.
We made a request for the decision to be set aside within the 1 month timescale and advised the Tribunal’s Service that full details of our perceived errors in law were to follow shortly, however even before the Tribunal received this further information, they refused our request ?
The refusal was made by the same judge whom had not upheld my appeal, is this correct procedure ?, is there not a case / issue of bias ?.
Any help with relevant case law would be greatly appreciated. A sincere thanks in advance for your responses.
We made a request for the decision to be set aside within the 1 month timescale and advised the Tribunal’s Service that full details of our perceived errors in law were to follow shortly, however even before the Tribunal received this further information, they refused our request ?
The refusal was made by the same judge whom had not upheld my appeal, is this correct procedure ?, is there not a case / issue of bias ?.
Any help with relevant case law would be greatly appreciated. A sincere thanks in advance for your responses.
Last edit: 11 years 3 months ago by Gordon.
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- Gordon
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11 years 3 months ago #97095 by Gordon
As I understand it, a Tribunal judge can give or withhold their permission for a Decision they have made to be challenged, this does not prevent you making an appeal directly to the Upper Tribunal, of course by not giving their permission it makes it harder and more protracted for you to pursue this matter.
We are limited in the advice we can give regarding an appeal to the Upper Tribunal, so you should try and find an advisor with experience specifically in this are, your local CAB may be able to help but it is more likely that you will find assistance through one of the Welfare Rights agencies.
You haven't specifically mentioned it, but have your requested a Statement of Reasons from the judge, as you cannot progress an appeal without one. See
Tribunals – Requesting a Statement of Reasons
Gordon
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Replied by Gordon on topic The same Tribunal Judge in a set aside request ?
Sham wrote: Happy New Year to all !, please may I kindly request some help, I recently had a Tribunal Appeal which was not upheld, after receiving a statement of reasons we found what we believe are errors in law upon which we felt we could make a request to have the decision set aside.
We made a request for the decision to be set aside within the 1 month timescale and advised the Tribunal’s Service that full details of our perceived errors in law were to follow shortly, however even before the Tribunal received this further information, they refused our request ?
The refusal was made by the same judge whom had not upheld my appeal, is this correct procedure ?, is there not a case / issue of bias ?.
Any help with relevant case law would be greatly appreciated. A sincere thanks in advance for your responses.
As I understand it, a Tribunal judge can give or withhold their permission for a Decision they have made to be challenged, this does not prevent you making an appeal directly to the Upper Tribunal, of course by not giving their permission it makes it harder and more protracted for you to pursue this matter.
We are limited in the advice we can give regarding an appeal to the Upper Tribunal, so you should try and find an advisor with experience specifically in this are, your local CAB may be able to help but it is more likely that you will find assistance through one of the Welfare Rights agencies.
You haven't specifically mentioned it, but have your requested a Statement of Reasons from the judge, as you cannot progress an appeal without one. See
Tribunals – Requesting a Statement of Reasons
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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11 years 3 months ago - 11 years 3 months ago #97110 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
As a former DLA Tribunal Member and Welfare Rights Lawyer, it is within the regulations and remit for a Tribunal Judge (formerly called District Chairman) to refuse a set aside.
As Gordon has rightly advised, you can now apply to the Upper Tribunal ( formerly called Social Security Commissioners) to set aside a First-tier Tribunal Judge's decision. As Gordon has advised you need a Statement of Reasons for the refusal, as the decision may be an 'error of law'.
See : www.benefitsandwork.co.uk/help-for-claim...ppeals-faq#Appeal100
PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic The same Tribunal Judge in a set aside request ?
Sham wrote: Happy New Year to all !, please may I kindly request some help, I recently had a Tribunal Appeal which was not upheld, after receiving a statement of reasons we found what we believe are errors in law upon which we felt we could make a request to have the decision set aside.
We made a request for the decision to be set aside within the 1 month timescale and advised the Tribunal’s Service that full details of our perceived errors in law were to follow shortly, however even before the Tribunal received this further information, they refused our request ?
The refusal was made by the same judge whom had not upheld my appeal, is this correct procedure ?, is there not a case / issue of bias ?.
Any help with relevant case law would be greatly appreciated. A sincere thanks in advance for your responses.
As a former DLA Tribunal Member and Welfare Rights Lawyer, it is within the regulations and remit for a Tribunal Judge (formerly called District Chairman) to refuse a set aside.
As Gordon has rightly advised, you can now apply to the Upper Tribunal ( formerly called Social Security Commissioners) to set aside a First-tier Tribunal Judge's decision. As Gordon has advised you need a Statement of Reasons for the refusal, as the decision may be an 'error of law'.
See : www.benefitsandwork.co.uk/help-for-claim...ppeals-faq#Appeal100
PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 3 months ago by bro58. Reason: Corrected "quote"
The following user(s) said Thank You: Sham , teresa36
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- Sham
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11 years 3 months ago #97129 by Sham
Replied by Sham on topic The same Tribunal Judge in a set aside request ?
Happy New Year to all !, please may I kindly request some help, I recently had a Tribunal Appeal which was not upheld, after receiving a statement of reasons we found what we believe are errors in law upon which we felt we could make a request to have the decision set aside.
We made a request for the decision to be set aside within the 1 month timescale and advised the Tribunal’s Service that full details of our perceived errors in law were to follow shortly, however even before the Tribunal received this further information, they refused our request ?
The refusal was made by the same judge whom had not upheld my appeal, is this correct procedure ?, is there not a case / issue of bias ?.
Any help with relevant case law would be greatly appreciated. Thanks in advance for your responses.
We made a request for the decision to be set aside within the 1 month timescale and advised the Tribunal’s Service that full details of our perceived errors in law were to follow shortly, however even before the Tribunal received this further information, they refused our request ?
The refusal was made by the same judge whom had not upheld my appeal, is this correct procedure ?, is there not a case / issue of bias ?.
Any help with relevant case law would be greatly appreciated. Thanks in advance for your responses.
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- bro58
11 years 3 months ago #97130 by bro58
Hi S,
There are two responses to your original query, which seems to be a duplicate post. Therefore, I have merged this one.
bro58
Replied by bro58 on topic The same Tribunal Judge in a set aside request ?
Sham wrote: Happy New Year to all !, please may I kindly request some help, I recently had a Tribunal Appeal which was not upheld, after receiving a statement of reasons we found what we believe are errors in law upon which we felt we could make a request to have the decision set aside.
We made a request for the decision to be set aside within the 1 month timescale and advised the Tribunal’s Service that full details of our perceived errors in law were to follow shortly, however even before the Tribunal received this further information, they refused our request ?
The refusal was made by the same judge whom had not upheld my appeal, is this correct procedure ?, is there not a case / issue of bias ?.
Any help with relevant case law would be greatly appreciated. Thanks in advance for your responses.
Hi S,
There are two responses to your original query, which seems to be a duplicate post. Therefore, I have merged this one.
bro58
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- Sham
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11 years 3 months ago - 11 years 3 months ago #97132 by Sham
Replied by Sham on topic The same Tribunal Judge in a set aside request ?
Hello,
Bro yes apologies , please delete the duplicate please.
Jim and Gordon, thanks for the information and yes we have received the statement of reasons, we have been provided with a form to apply to the Upper Tribunal, but we were hoping as we had very good grounds for error of law, the matter would be looked at again by the FTT.
thanks again to everyone for all your input.
regards
Bro yes apologies , please delete the duplicate please.
Jim and Gordon, thanks for the information and yes we have received the statement of reasons, we have been provided with a form to apply to the Upper Tribunal, but we were hoping as we had very good grounds for error of law, the matter would be looked at again by the FTT.
thanks again to everyone for all your input.
regards
Last edit: 11 years 3 months ago by bro58.
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