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Top Decision Making and Appeals topic #3801

Subject: "Adjourned appeal to seek advice?" First topic | Last topic
Ste_Higham
                              

Welfare Clerk, Stephensons Solicitors LLP, Leigh
Member since
10th Jan 2008

Adjourned appeal to seek advice?
Tue 02-Feb-10 03:59 PM

Hi,

One of my clients' appeal hearings has just been adjourned so they can "seek further advice and information about the appeal". On speaking with my client, apparently the clerk and also the Judge said they needed a representative to attend the hearing in person (only in not so many words, obviously).

As the LSC continue to refuse to fund representation at Tribunals, I've instead made all the necessary submissions in writing and fully prepped my client to attend the hearing themselves. Therefore, I'm baffled as to why the clerk and indeed the Tribunal Judge would deem it necessary for a representative to attend in person.

Has anyone else had a similar experience where a Tribunal has been seemingly reluctant to hear an appeal without a representative present?!

  

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Replies to this topic
RE: Adjourned appeal to seek advice?, clairehodgson, 02nd Feb 2010, #1
RE: Adjourned appeal to seek advice?, Dan_manville, 02nd Feb 2010, #2
RE: Adjourned appeal to seek advice?, Ste_Higham, 03rd Feb 2010, #3
      RE: Adjourned appeal to seek advice?, Dan_manville, 03rd Feb 2010, #4

clairehodgson
                              

solicitor, CMH Solicitors, Durham
Member since
09th Apr 2009

RE: Adjourned appeal to seek advice?
Tue 02-Feb-10 04:43 PM

you can go as a mckenzie friend in exceptional case. frankly, if LSC don't agree that it's an exceptional case if the tribunal want the rep there, one has to wonder what is. get onto your local LSC office contract person and check that out, and ifyou look in the docs, you will find reference to that. once you're there....

  

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Dan_manville
                              

Caseworker, Birmingham Tribunal Unit
Member since
08th Jun 2004

RE: Adjourned appeal to seek advice?
Tue 02-Feb-10 08:00 PM

Locally judges will do that in 2 circumstances. The first is it's actually complex, the second is if they've no chance and would rather not break the news themselves...

A bit more detail would be handy.

  

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Ste_Higham
                              

Welfare Clerk, Stephensons Solicitors LLP, Leigh
Member since
10th Jan 2008

RE: Adjourned appeal to seek advice?
Wed 03-Feb-10 07:58 AM

It was a reasonably straight forward Attendance Allowance entitlement appeal and a supportive medical report had been submitted which seemed sufficient for the low rate. Doesn't seem related to the 2 circumstances you describe...

  

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Dan_manville
                              

Caseworker, Birmingham Tribunal Unit
Member since
08th Jun 2004

RE: Adjourned appeal to seek advice?
Wed 03-Feb-10 12:23 PM

Or maybe they were running over and wanted to get to lunch/home?

  

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Top Decision Making and Appeals topic #3801First topic | Last topic