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Is this relevant to ESA Tribunal Failure..?
- RobJean
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11 years 10 months ago - 11 years 10 months ago #107451 by RobJean
Is this relevant to ESA Tribunal Failure..? was created by RobJean
Hi All,
Can anyone clarify this..
The Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008
Delegation to staff
4.—(1) Staff appointed under section 40(1) of the 2007 Act (tribunal staff and services) may, with the approval of the Senior President of Tribunals, carry out functions of a judicial nature permitted or required to be done by the Tribunal.
(2) The approval referred to at paragraph (1) may apply generally to the carrying out of specified functions by members of staff of a specified description in specified circumstances.
(3) Within 14 days after the date on which the Tribunal sends notice of a decision made by a member of staff under paragraph (1) to a party, that party may apply in writing to the Tribunal for that decision to be considered afresh by a judge.
www.legislation.gov.uk/uksi/2008/2685/article/4/made
Does this mean I can contact Tribunal (within 14 days) to ask them to re-consider thier 'verdict' ??
Any Info or Clarity is much appreciated.
Thank You.
Can anyone clarify this..
The Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008
Delegation to staff
4.—(1) Staff appointed under section 40(1) of the 2007 Act (tribunal staff and services) may, with the approval of the Senior President of Tribunals, carry out functions of a judicial nature permitted or required to be done by the Tribunal.
(2) The approval referred to at paragraph (1) may apply generally to the carrying out of specified functions by members of staff of a specified description in specified circumstances.
(3) Within 14 days after the date on which the Tribunal sends notice of a decision made by a member of staff under paragraph (1) to a party, that party may apply in writing to the Tribunal for that decision to be considered afresh by a judge.
www.legislation.gov.uk/uksi/2008/2685/article/4/made
Does this mean I can contact Tribunal (within 14 days) to ask them to re-consider thier 'verdict' ??
Any Info or Clarity is much appreciated.
Thank You.
Last edit: 11 years 10 months ago by Gordon.
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- Gordon
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11 years 10 months ago #107453 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Is this relevant to ESA Tribunal Failure..?
RobJean
As I read it, and this is the first time I have looked at this legislation, so I may be misinterpreting it.
This appears to be specifically referring to a member of the Tribunal Service carrying out a delegated action, this would not be the same as when a Tribunal has been held and a Decision Notice has been sent to the claimant.
The procedures in this case are to request a Statement of Reasons
Tribunals – Requesting a Statement of Reasons
any challenge to the Decision must then be the result of an Error of Law.
What is an Error of Law?
We may be able to help you more if you would explain the context to your question.
Gordon
As I read it, and this is the first time I have looked at this legislation, so I may be misinterpreting it.
This appears to be specifically referring to a member of the Tribunal Service carrying out a delegated action, this would not be the same as when a Tribunal has been held and a Decision Notice has been sent to the claimant.
The procedures in this case are to request a Statement of Reasons
Tribunals – Requesting a Statement of Reasons
any challenge to the Decision must then be the result of an Error of Law.
What is an Error of Law?
We may be able to help you more if you would explain the context to your question.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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