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A decision was made in my UT appeal without the oral hearing I'd requested. Is this an error of law?

Peter99Peter99 Member Posts: 62 Connected
edited August 2020 in PIP, DLA and AA
I requested for oral hearing in my Upper Tribunal appeal to allow my legal representatives to argue my case but the Judge has made the final decision without an oral hearing. Can I use that as error of law if the decision is not in my favour?

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    HI and welcome,

    That's not an error in law. The options they have are, they can give the decision the First-tier Tribunal should have given, they can also make fresh or further findings of fact and give a new decision.

    If there is not enough information, it can refer the case to a new First-tier Tribunal.

    If you have a rep then you should be talking to them regarding this.


    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • Tori_ScopeTori_Scope Posts: 5,039

    Scope community team

    edited August 2020
    Hi @Peter99! Welcome to the community, it's great to have you here. You might find this page helpful in further understanding Upper Tribunals, errors in law, and breaches of natural injustice.

    Tori
    Online Community Coordinator, she/her

    Want to give us feedback? Complete our feedback form now.
  • mikehughescqmikehughescq Member Posts: 6,643 Disability Gamechanger
    If you request an oral hearing then you will get an oral hearing albeit that there’s rarely anything to be gained unless you’re running a test case or a unique point. A UT judge will not refuse a request for an oral hearing but there are 2 things to bear in mind:

    1 - if the SoS agrees there was an error or law, any error of law, and you accept that (and most people would) then an oral hearing is clearly not required. The UT judge will ask if you’ll accept a short decision and away you go.

    2 - pardon my flippancy but has it escaped you that we’re at the start of a pandemic? There are no oral UT hearings at present.
  • Peter99Peter99 Member Posts: 62 Connected
    Thank you all for your response. I wonder if the UT Judge decision not to bother with the oral hearing, even when requested, is an indication that he wants to allow the appeal. Am I been too optimistic?
  • mikehughescqmikehughescq Member Posts: 6,643 Disability Gamechanger
    edited August 2020
    You have a 50/50 chance. I’m not sure there’s anything else to say until a decision is issued. 
  • Peter99Peter99 Member Posts: 62 Connected
    edited August 2020
    Does anyone know how long does it take for UT to issue out the decision to the parties after the Judge had made it.
  • mikehughescqmikehughescq Member Posts: 6,643 Disability Gamechanger
    How long is a piece of string? Entirely dependant on who is allowed in the office; where the judge is; what the comms are like and so on.
  • Tori_ScopeTori_Scope Posts: 5,039

    Scope community team

    Hi @Peter99! I'm afraid I don't know the answer to your question, but I hope one of our other members will be able to answer your query soon :) In the meantime, I found this document of frequently asked questions, which you might find helpful.
    Online Community Coordinator, she/her

    Want to give us feedback? Complete our feedback form now.
  • Peter99Peter99 Member Posts: 62 Connected
    @Tori_Scope
    Thank you so much for your helpful response. I will endeavour to check out the link you sent.
    Much  Appreciated 
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