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

Peter99 · July 2020

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 · August 2020

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 · 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

Peter99 · August 2020

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?

Peter99 · 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.

Tori_Scope · August 2020

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 · August 2020

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

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

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