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