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Forum Home  →  Discussion  →  Decision making and appeals  →  Thread

Upper Tribunal Directions

dianabagci
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Welfare benefits - Nottingham Law Centre

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Total Posts: 17

Joined: 24 September 2010

Morning folks,

Can someone guide me in the right direction.
I have been issued with Case Management Directions asking me to make an application to the UT for them to issue directions in relation to obtaining further evidence from the GP, DWP HMRC etc. 

I want to make sure I’m doing the right thing !

Many thanks

past caring
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Welfare Rights Adviser - Southwark Law Centre, Peckham

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Total Posts: 1116

Joined: 25 February 2014

Bit more information/context needed.

It sounds as if the UT is considering re-making the FtT decision as opposed to simply setting it aside (which is the more usual option, though re-making isn’t uncommon) but is also taking the more unusual step of admitting fresh evidence in order to re-make the decision.

If I’m right about this then it will probably be in your client’s interests for the evidence to be obtained. I think the UT (same as the FtT) will need your client to give consent to GP records being obtained - but I don’t understand why the UT might want you to make an application for it to make directions first. It can just make directions.

But I’m just speculating without knowing more…..

dianabagci
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Welfare benefits - Nottingham Law Centre

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Total Posts: 17

Joined: 24 September 2010

Thanks for that, they want me to tell them what to do and I’m unsure of the law and how it needs to be presented to them.

Many thanks.

Mike Hughes
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Senior welfare rights officer - Salford City Council Welfare Rights Service

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Joined: 17 June 2010

Take your pick. Either

- administrative stupidity and the UT could write to the client to get consent, or,
- they’re hinting that the case could be done and dusted one way or another with that evidence. That may not be

Very much depends on what errors of law were thrown at them in the first place. So, if the main argument was insufficient evidence then it’s less hard to see where they might be coming from.

Who issued the request admin. at UT or a UT judge?