Hi

My client has an oral hearing before Commissioners coming up, and I am not able to represent. Apart from stressing to the client that the appeal is only about the errors of law in the Tribunal's decision, and that he can't re-argue the facts of the case, what other advice/information should I give him?

Thanks
Chris

Rather than have a client go to an oral hearing on their own, strongly encourage (or arrange) other representation.

David

Thanks for this David, can you elaborate a bit?

Chris.

Well, an appeal to the Commissioners is on a point of law only (as we all know) and an oral hearing is arranged to allow these legal points to be argued.

The Secretary of State will be represented by at least a solicitor - in Scotland an advocate is also normally instructed.

It will be an unusual client who can:

1. Identify and argue points of law before a commissioner.
2. Be able to understand and quote appropriate case law.
3. Answer the arguments from the other side.
4. Understand that the appeal is no longer about the facts of their case.

I'm sure the Commissioner would make allowances for an unrepresented appellant but I think that good representation is close to being essential.

If you are unable to represent then if I were you, I would ask a colleague/other agency to assist.

Regards

David

There is probably a branch of the Bar's pro bono unit in Manchester (I don't know whether you have any barristers' chambers in Rochdale). Search the term "Bar pro bono unit" and it will take you to their website.

I agreed it is important to attend and the person attending should have a grasp of the law, as client is going to struggle to comprehend what is happening, and the Commissioner is likely to to be very critical if no one appears.

I agree - the Commissioner will not be best pleased to find a client unrepresented at an oral hearing.

Is there any reason you can't represent this time but you may be able to in the future - ie holidays? If so you could ask for postponement so that you can represent your client - which is really what is needed.

Thank you everyone for these responses. I have now arranged representation for the client as you advise.