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First tier tribunal assumptions

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6 years 4 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 :)

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6 years 4 months ago #201701 by Gordon
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

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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6 years 4 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

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6 years 4 months ago #201707 by Gordon
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

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

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6 years 4 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.

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6 years 4 months ago #201715 by Gordon
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

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