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Can tribunal clerical errors effect my appeal

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13 years 5 months ago #33321 by Doris
I've re-posted this, has my original question appears to have got sidetracked and I have a few days to get this resolved.

I submitted a further 18 pages of evidence to the Tribunals Panal two months ago.

Last week, I along with the DWP and Tribunals Panel received copies of the evidence to be placed in my exisiting bundle. But these pages are unnumbered.

With nearly 700 pages of evidence, they need to be numbered for referance.

I've contacted the TS several times, they have still failed to address the problem.

If I go to appeal, will this be another excuse for the panel to adjourn my appeal again ?

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  • originaldave
13 years 5 months ago #33324 by originaldave
Replied by originaldave on topic Re:Re-posted request for help on evidence numbering
Doris wrote:

I've re-posted this, has my original question appears to have got sidetracked and I have a few days to get this resolved.

I submitted a further 18 pages of evidence to the Tribunals Panal two months ago.

Last week, I along with the DWP and Tribunals Panel received copies of the evidence to be placed in my exisiting bundle. But these pages are unnumbered.

With nearly 700 pages of evidence, they need to be numbered for referance.

I've contacted the TS several times, they have still failed to address the problem.

If I go to appeal, will this be another excuse for the panel to adjourn my appeal again ?


Give them your own referance and at the same time send a letter to all parties saying that you have done this and explain the system used dont just use a letter give it a title example further medical evidance date NI name

so further medical 20/10/2010 ee 13 12 11 d mr jones

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13 years 5 months ago #33346 by Doris
Dave wrote:

Doris wrote:

I've re-posted this, has my original question appears to have got sidetracked and I have a few days to get this resolved.

I submitted a further 18 pages of evidence to the Tribunals Panal two months ago.

Last week, I along with the DWP and Tribunals Panel received copies of the evidence to be placed in my exisiting bundle. But these pages are unnumbered.

With nearly 700 pages of evidence, they need to be numbered for referance.

I've contacted the TS several times, they have still failed to address the problem.

If I go to appeal, will this be another excuse for the panel to adjourn my appeal again ?


Give them your own referance and at the same time send a letter to all parties saying that you have done this and explain the system used dont just use a letter give it a title example further medical evidance date NI name

so further medical 20/10/2010 ee 13 12 11 d mr jones


I'd thought about a similar idea and it was rejected by the TS ?.

My existing evidence ends on page 689 ( approx ), so I was just going to re-number from 690 to 708, but they said that would also be rejected.

It appears the TS have to re-number the bundle or the evidence becomes invalid.

This is the best answer I could get from a current tribunal member on another forum ?


So unless the TS send out new re-numbered pages I could ( based on what I've been told ) have my appeal adjourned again. I dont fancy waiting another 18 months for a third appeal, so will throw the towel in and admit defeat.

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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13 years 5 months ago #33354 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Re:Re-posted request for help on evidence numbering
I think the information you've been provided with by another tribunal member is incorrect, unless the Tribunals Service have changed their policy, or it's different for ESA appeals. It shouldn't be as all social security benefits tribunals use the same 'Benchbook' which sets out procedural arrangements.
There's a copy of 'The Benchbook' in the members area HERE

I sat on DLA Tribunals from 1994 until I retired in 2005 and we often had additional case papers sent to us before the hearing. From my experience DLA case bundles tend to be longer than IB/ESA bundles.

The Clerk to the Tribunal used to just cross out the old page number, and insert new numbers before sending them out, or often just add an annexe to the original case bundle.

Case bundles are numbered so that both the appellant and the Tribunal Members can make easy reference to them.

However, in my opinion and experience the fact that the case papers hadn't been numbered correctly would not constitute grounds for an appeal to be adjourned.

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems

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13 years 5 months ago #33356 by Derek4
Hi All

I very much doubt that you can number the pages yourself. If you do, the TS administration will probably just ignore them.

Also, if you send a PDF document as evidence, if they accept it, they will still have to print and number the pages to send them to all tribunal members so it doesn't eliminate errors. I think the only thing you can do is inform Tribunals Service and let them renumber the pages.

This is what I did for my Upper Tribunal appeal, and the judge or administration staff added letters to page numbers to accommodate unnumbered pages that need to be inserted.

Derek

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  • Survivor
13 years 5 months ago - 13 years 5 months ago #33357 by Survivor
Thanks Derek. That's what we needed - someone who's been there and done it and knows what worked.
Last edit: 13 years 5 months ago by Crazydiamond. Reason: Threads merged - same subject matter.

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