Reviewing Judge same as First-tier Judge

Lost a tax credit appeal, asked for SOR, took 7 months and a formal complaint to get it. I thought there were procedural errors in how the Judge had handled the appeal plus the SOR disclosed what I what I thought were errors of law.

So I applied for a set aside and/ or leave to appeal.

Just got the decision, which is a refusal to both, so will now apply to UT.

However, the decision was made by the same Judge who heard the case - he is a DJ so can do reviews.

Surely this is wrong? Can anyone point to any rules that would back this up? Not in First-tier Tribunal rules.

Many thanks.

From the Tribunal Benchbook 2006.  I’m not aware that this has been overtaken.  If it hasn’t the onus would be on you to show potential bias, lack of objectivity, etc.

In practice:
12. As stated above a District Chairman will deal with most applications for leave to
appeal but if considering an application for leave to appeal against one of your
decisions try to be objective. Do not take it personally but consider judicially whether
a point of law has been raised and if so whether it is arguable. It is not necessary to
consider whether the appeal is likely to succeed or fail, nor is it usually either
necessary or desirable to give reasons for the decision to grant or refuse leave.
There are however exceptions to this, e.g. if the grounds of appeal include
allegations of bias or unfairness of some kind and/or allege some particular incident
at the hearing; in these situations your comments on the allegations could be added
to the decision.

Cheers Paul - what do you make of the fact that I had to wait 7 months for an SOR and lodge a formal complaint to get it, which I mentioned in my application - although, as far as I am aware, undue delay in producing a SOR is not grounds for set aside/ leave to appeal on its own, so I could not labour this point further but attacked the decision on other grounds.

Did you get any explanation as to why there was a delay?

Sorry for delay in getting back.

No explanation whatsoever - was told its with the Judge, that’s all.

Then after I did a formal complaint I got the SOR and a separate letter from the Regional Judge apologising but again offering no explanation.