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Leave to appeal to upper tier tribunal

  • Catriona Ferguson
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7 years 3 weeks ago #186383 by Catriona Ferguson
Leave to appeal to upper tier tribunal was created by Catriona Ferguson
My daughter's first tier tribunal turned down her PIP appeal, so after waiting 10 weeks for the judge's statement of reasons, we asked for leave to appeal to the upper tier tribunal or set-aside. The answer came in 24 hours: leave refused. I was astonished to find that the judge who refused the request was the same judge who had headed the tribunal! Is that lawful? It certainly doesn't seem fair!!

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7 years 3 weeks ago #186413 by Gordon
Replied by Gordon on topic Leave to appeal to upper tier tribunal
C

Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

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It's standard procedure for the Judge of the hearing to look at the request first it's to allow obvious Errors to be dealt with more quickly, but it does rely on them accepting that the panel has made a mistake.

There should have been information included with the SoR about making an appeal direct to the Upper Tier Tribunal. A District Judge will review the case and either pass your appeal for a hearing or rule that no Error has occurred.

Gordon

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

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