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- I asked for a SOR but refused set aside instead!
I asked for a SOR but refused set aside instead!
- Nervy
- Topic Author
Then I got a letter from them. It said I had applied for a set aside and the judge had refused a set aside.
In first tier tribunals you have a right to a statement of reasons *before* applying for a set aside right?
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- Gordon
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I guess the obvious question is, did you apply for a set aside at the same time as you requested the Statement of Reasons?I requested a statement of reasons from the tribunal service.
Then I got a letter from them. It said I had applied for a set aside and the judge had refused a set aside.
In first tier tribunals you have a right to a statement of reasons *before* applying for a set aside right?
Gordon
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- Crazydiamond
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- Posts: 2022
I requested a statement of reasons from the tribunal service.
Then I got a letter from them. It said I had applied for a set aside and the judge had refused a set aside.
In first tier tribunals you have a right to a statement of reasons *before* applying for a set aside right?
You don't necessarily require a full statement of reasons to request that a decision is set aside, primarily for procedural reasons.
You will however need the SOR if you are considering an appeal to the UT?
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- Nervy
- Topic Author
I wish to request a statement of reasons from the tribunal.
Later I wish the tribunal to reconsider the decision in a set aside since the decision notice doesn’t acknowledge the new evidence sent to you. It was registered signed for and arrived on Monday August 8th at Liverpool Tribunal Service – the day before the hearing. I want to know in the statement of reasons if this new evidence was considered and if they knew I requested a paper hearing.
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- Crazydiamond
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- Posts: 2022
We understand that this can be frustrating and that it’s sometimes a question of judgement about the degree to which a question is specific to your claim or more general in nature. However, both for moderators and for you it is important that we do our best to stick to giving information rather than advice.
For advice about a specific problem you need to contact an advice agency if at all possible. To find details of an advice agency please see the following:
How can I get individual help with a specific benefits problem?
Sorry we cannot answer more directly but without access to your case papers etc we cannot answer personal benefit enquiries/problems. However, please read the guides in the members’ area which may help answer some of your queries.
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- Nervy
- Topic Author
I thought when the letter said "I enclose a copy of the decision" I thought it meant a copy of the decision I got from the tribunal in August where it said the appeal is disallowed (so i didn't bother to get round to looking at it - till now).
But infact it meant a copy of Septembers letter in the form of a decision notice where it says "The tribunal decision is not set aside"
But also the decision notice it says something for me to go on - it also says "This is because none of the conditions set out in Rule 37(2) is satisfied. There was no procedural irregularity"
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