- Posts: 18
× Members
First tier tribunal assumptions
- Leon64
- Topic Author
- Offline
Less More
7 years 5 months ago #201678 by Leon64
First tier tribunal assumptions was created by Leon64
What to do about incorrect assumptions made of an applicant in a paper based tribunal? Is it setting aside or error of law?
Many thanks
Many thanks

Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51284
7 years 5 months ago #201701 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic First tier tribunal assumptions
Leon
It may be neither, just because you disagree with the panels assumptions does not necessarily mean that there has been an Error of Law, you would need to show that no reasonable person would come to the same conclusion based on the evidence available to them.
You can't do anything with requesting a Statement of Reasons from the Judge that heard your appeal.
What is an Error of Law?
Tribunals – Requesting a Statement of Reasons
Gordon
It may be neither, just because you disagree with the panels assumptions does not necessarily mean that there has been an Error of Law, you would need to show that no reasonable person would come to the same conclusion based on the evidence available to them.
You can't do anything with requesting a Statement of Reasons from the Judge that heard your appeal.
What is an Error of Law?
Tribunals – Requesting a Statement of Reasons
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Leon64
Please Log in or Create an account to join the conversation.
- Leon64
- Topic Author
- Offline
Less More
- Posts: 18
7 years 5 months ago #201702 by Leon64
Replied by Leon64 on topic First tier tribunal assumptions
Really? There must be something you can do when they've based the decision on false ideas, otherwise they could say almost anything.... in this case one can see why they'd think what they assumed, but it's still lead to the final decision being based on false information. thanks for the links
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51284
7 years 5 months ago #201707 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic First tier tribunal assumptions
Leon
I know it's not the answer you were looking for, but until you have sight of the SoR you do not know how the Decision was reached and cannot say it was based on false ideas.
Gordon
I know it's not the answer you were looking for, but until you have sight of the SoR you do not know how the Decision was reached and cannot say it was based on false ideas.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- Leon64
- Topic Author
- Offline
Less More
- Posts: 18
7 years 5 months ago #201711 by Leon64
Replied by Leon64 on topic First tier tribunal assumptions
I don't suppose a decision notice is the same thing? It's quite detailed.
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51284
7 years 5 months ago #201715 by Gordon
No it isn't, you cannot pursue the matter further unless you have request and received a Statement of Reasons,
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic First tier tribunal assumptions
Leon64 wrote: I don't suppose a decision notice is the same thing? It's quite detailed.
No it isn't, you cannot pursue the matter further unless you have request and received a Statement of Reasons,
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Leon64
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David