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Upper Tribunal Appeal 8 months 4 weeks ago #238806

I am representing a client with mental health issues who has been granted an Upper Tribunal appeal, against a decision by a First Tier Tribunal.
Our grounds for appeal are that he was unrepresented at the original appeal and felt that his evidence was ignored, which prevented him from being able to present his case properly.

Any advice??

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Upper Tribunal Appeal 8 months 4 weeks ago #238817

  • Gordon
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We are extremely limited in the advice that we can give in regard to an appeal to the UTT, it requires us to have knowledge of the Statement of Reasons and all of the papers submitted to the hearing, which of course we do not.

You say that a UTT appeal has been granted, if this correct then you have already overcome the most important issue.

Not having representation is unlikely to be a winning argument unless you can show that this seriously disadvantaged the claimant, that the panel was aware of this and that they failed to offer any remedy such as adjourning the hearing for the claimant to seek advice.

For evidence to be ignored, you will need to show that it was relevant to the appeal and that the panel have offered no explanation as to why they ignored it, the SoR will be the vehicle to do this.

The following user(s) said Thank You: Chris Jones

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

Upper Tribunal Appeal on PIp 8 months 2 weeks ago #239423

Just to let you know:
We have now been given permission by the Upper Tribunal to continue with the appeal on the grounds that the First Tier Tribunal gave inadequate reasons for their decision on "engaging with other people" (9 b,c,d) in the light of the evidence provided. In particular, they quoted from SSWP v MM (2019) UKSC34. They also questioned the decision over mobility 1(e).

On we go!!
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