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ESA Appeal - time limit to submit evidence

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12 years 4 months ago #76385 by djpudsey
I'm a 20+ years ME veteran in the process of appealing a decision to disallow conversion from IB to ESA. I've been working through the new B&W ESA Appeal Guide and I'm confused on one important point:

Bottom of page 18 - it states that the 2008 Tribunal Rules impose a 1 month time limit on submitting additional evidence. However, the Tribunal Service Guide "How To Appeal" (2009) seems to just follows the previous position of saying that additional evidence should be submitted as soon as possible.

Please can anyone point me to where this 1 month time limit comes from?

Assuming that a time limit applies, one I cannot meet, would it be worthwhile applying for directions allowing longer as a "reasonable adjustment"?

As an aside, included with my Enquiry Form from the Tribunal Service was an additional sheet stating that my appeal would not be heard before 1st July 2012! :blink:

Thanks, DJ

"How to Appeal":

www.justice.gov.uk/downloads/guidance/co...nglish_Final_rev.pdf

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12 years 4 months ago #76390 by Derek4
Hi djpudsey

The Tribunal Service leaflet/PDF is not a full statement of law and may be oversimplified.

My understanding is that the law allows you one month and it's advisable to meet this if possible, but tribunals do not strictly enforce this deadline and will accept submissions after one month.

If you make a submission after the one month deadline it's best to be safe and give a brief reason for why it was not possible to meet the deadline in the cover letter, as explained in the guides.

With regards to your hearing date, please bear in mind that this may be an estimation and could be brought forward as well as delayed. If you opt for a paper hearing, which I hope you don't, the paper hearing could take place much earlier without notice.

Good luck

Derek

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