Setting aside Tribunal decision

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AndrewHall
AndrewHall Online Community Member Posts: 318 Empowering
in PIP, DLA, ADP and AA
Asking for a friend. He did not receive a notification letter to attend the PIP Tribunal. DWP attended and he lost. He complained to the Tribunal Clerk that he did not receive the letter. He requested for the SoR and then requested for a set aside. The Judge refused the set aside saying he did not mention "not receiving the letter" in his request for SoR. Is there any hope of getting the initial decision set aside under Rule 37 ?

Comments

  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    They need to get some expert advice from an agency near them. Just don't got to Citizens Advice because they don't deal with UTT. 
  • onebigvoice
    onebigvoice Scope Member Posts: 930 Pioneering
    Under the same rule ( SOR Rule 37 subsection 2 it states.
      (2) A claim or response may not be struck out unless the party in question has been given a reasonable opportunity to make representations, either in writing or, if requested by the party, at a hearing.
      If you have already given a response to the Tribunal and they have refused it ask the judge for a reason of response.
      I you have presented information to the Tribunal and are required to attend or you were requested to attend by the respondent then you should have received a date of appearance.
      If you have not received this ask them to relist on the grounds that verbal agreements over the phone are not exceptable and it is the Courts responsibility to send information to BOTH parties under the Tribunal Rules.

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