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HMCTS discriminatiion

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6 years 10 months ago #190709 by Brentemma
HMCTS discriminatiion was created by Brentemma
I have been fighting a case for my wife for almost a year. It has gone to tribunal but was refused. I have now appealed for the decision to be set aside for an anomaly and a clearly descriptive discriminative remark by the judge. What a surprise that they have said there was no anomaly and the decision to set aside was dismissed. They also disagree that there is no discrimination.

Reasons.
My wife requested a paper hearing following the refusal of a mandatory decision and flawed report by the HP, but due to the failings and refusals of the DWP to act on judges directions, the judge, one of several who had reviewed the file, stated that he/she wanted an oral hearing, it was specifically stated that he/she understood that my wife could not attend due to her agoraphobia and anxiety and we were informed that it would not go against her. What did the judge state on the day and decision report, Mrs Ixxxx failed to attend. If this is not discrimination, then what is?

I have now requested the judges statement of reasons to appeal to the upper tribunal as a err of law has clearly been made whereby they have failed to apply the direction of judge Agnew as directed in your guidance sections.

The HMCTS clearly have the same agenda as the DWP, to deny any right of appeal to those who do not attend.

Any further advice would be appreciated.

Jamaica

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6 years 10 months ago #190742 by Gordon
Replied by Gordon on topic HMCTS discriminatiion
Jamaica

It's very difficult for us to offer advice in regard to an appeal to the Upper Tier Tribunal as we have no sight of the papers involved, what I can say, based on your post, is that failing to apply accepted Case Law is not specifically an Error of Law, you will need to show that the Case Law was relevant in the first place and that secondly the panel either did not consider it or that there reasons for excluding it were not reasonable based on the other evidence before them.

Gordon

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