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Upper tribunal
- PDG
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11 years 1 month ago - 11 years 1 month ago #104223 by PDG
Upper tribunal was created by PDG
Back in February I had my FTT(first tier tribunal) in regard of a DLA application, I lost the appeal so requested a statement of reasons, which I recently received.
I also recorded the tribunal on my phone, without the consent of the tribunal, just for reference.
It is clear from the statement of reasons that the panel have sought to manipulate my evidence and present it in a completely misleading way. Can I use the recording as evidence in either a complaint against those on the tribunal or as part of my submission to the upper tribunal?
The DWP failed to include a crucial piece of my evidence in the appeal papers, is this cause for appeal?
Can I also use the misrepresentation of my evidence?
They also used a previous medical from an application for ESA as the basis for the DLA decision. Stated I had failed to meet the criteria set out in s12 of the 1991 regs (payment of back dated claims) used evidence taken from my medical records which post dates the application, will all of this be sufficent grounds for appeal to the upper tribunal?
Who in the NW England who is best able to deal with upper tier appeals?
I used to be a CAB volunteer, so I am reasonably ok with FTT, but I will need help with the upper tier.
I also recorded the tribunal on my phone, without the consent of the tribunal, just for reference.
It is clear from the statement of reasons that the panel have sought to manipulate my evidence and present it in a completely misleading way. Can I use the recording as evidence in either a complaint against those on the tribunal or as part of my submission to the upper tribunal?
The DWP failed to include a crucial piece of my evidence in the appeal papers, is this cause for appeal?
Can I also use the misrepresentation of my evidence?
They also used a previous medical from an application for ESA as the basis for the DLA decision. Stated I had failed to meet the criteria set out in s12 of the 1991 regs (payment of back dated claims) used evidence taken from my medical records which post dates the application, will all of this be sufficent grounds for appeal to the upper tribunal?
Who in the NW England who is best able to deal with upper tier appeals?
I used to be a CAB volunteer, so I am reasonably ok with FTT, but I will need help with the upper tier.
Last edit: 11 years 1 month ago by Gordon.
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- Gordon
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11 years 1 month ago - 11 years 1 month ago #104224 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Upper tribunal
PDG
I am afraid we cannot advise members on how to approach an Upper Tribunal appeal, it requires knowledge of your case that it is simply not possible to acquire in a public forum.
Recording a Tribunal without permission, could well be classed as Contempt of Court, I strongly recommend that you do not use this recording.
You say a piece of evidence was missing from the information presented by the DWP, if you were aware of this prior to the hearing then I think that the UT will take the position that you had time to correct the mistake, if you were not aware, then they may still make take the view that it is your responsibility to ensure that all of the evidence you intended to rely on was available to the panel.
You need expert advice, try an internet search for "welfare advice" with your postcode, town and/or county.
Gordon
I am afraid we cannot advise members on how to approach an Upper Tribunal appeal, it requires knowledge of your case that it is simply not possible to acquire in a public forum.
Recording a Tribunal without permission, could well be classed as Contempt of Court, I strongly recommend that you do not use this recording.
You say a piece of evidence was missing from the information presented by the DWP, if you were aware of this prior to the hearing then I think that the UT will take the position that you had time to correct the mistake, if you were not aware, then they may still make take the view that it is your responsibility to ensure that all of the evidence you intended to rely on was available to the panel.
You need expert advice, try an internet search for "welfare advice" with your postcode, town and/or county.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 1 month ago by Gordon.
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- bro58
11 years 1 month ago #104225 by bro58
Replied by bro58 on topic Upper tribunal
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- Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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11 years 1 month ago #104288 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Gordon is right on this. I used to sit on DLA Tribunals, and was a member of the panel one day when as normal we asked the appellant and their representative to leave the Tribunal room, whilst we made our decision.
The 'representative' left his case papers and brief case on the table with a tape recorder which was secretly recording our deliberations. However, unluckily for the representative, we could clearly hear the tape recorder running. The Tribunal Chair ( now called Tribunal Judge) confiscated the tape recorder, and that particular representative was banned from being a representative at Tribunal hearings for 12 months.
As Gordon states, recording a Tribunal's deliberations is 'contempt of court'.
Contempt of Court is a serious offence and can result in a severe punishment, including a fine or committal to prison dependent on the seriousness of the offence.
See Contempt of Court
A Tribunal is a 'Court of Law' albeit an informal one, so like Gordon I strongly advise you do not use such a recording.
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 Upper tribunal
Recording a Tribunal without permission, could well be classed as Contempt of Court, I strongly recommend that you do not use this recording.
Gordon is right on this. I used to sit on DLA Tribunals, and was a member of the panel one day when as normal we asked the appellant and their representative to leave the Tribunal room, whilst we made our decision.
The 'representative' left his case papers and brief case on the table with a tape recorder which was secretly recording our deliberations. However, unluckily for the representative, we could clearly hear the tape recorder running. The Tribunal Chair ( now called Tribunal Judge) confiscated the tape recorder, and that particular representative was banned from being a representative at Tribunal hearings for 12 months.
As Gordon states, recording a Tribunal's deliberations is 'contempt of court'.
Contempt of Court is a serious offence and can result in a severe punishment, including a fine or committal to prison dependent on the seriousness of the offence.
See Contempt of Court
A Tribunal is a 'Court of Law' albeit an informal one, so like Gordon I strongly advise you do not use such a recording.
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
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