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

Peter99

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?

poppy123456

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.

Tori_Scope

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

mikehughescq

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.

Peter99

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?

mikehughescq

You have a 50/50 chance. I’m not sure there’s anything else to say until a decision is issued. 

Peter99

Does anyone know how long does it take for UT to issue out the decision to the parties after the Judge had made it.

mikehughescq

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_Scope

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.

Peter99

@Tori_Scope
Thank you so much for your helpful response. I will endeavour to check out the link you sent.
Much  Appreciated