...against FT tribunal's decision.

It's driving me mad as I can't find what to do next.

Sit back and have a coffee or nip down to the red lion if its still open - am sure you will come up with something

My heart went all aflutter when I saw an email notifying of an answer in Rightsnet. Here was me thinking someone had the answer !!!

I think I might have to take your advice

ask for reasons, surely.

They've been given Claire

um.

this sounds like a conundrum in spades. you think there is an error of law, clearly, but UT doesn't agree? you can't appeal the UT's decision to the CA, as can only go to the CA if there's a UT decision to appeal from, and with leave.

you have a UT decision (not to give you leave). is that an appealable decision? probably - it's not as if you can JR it ....so surely shoudl be able to appeal it. and if UT won't give leave for that, you can ask the CA for leave ...

i haven't looked the rules up ... yet! i think i might, though i like an interesting legal thing...

run it by counsel......those who contribute to this forum are helpful sorts of chaps.

Actually, I think you do consider JR - see CPAG p 1158. With the transfer of JR powers to UT under Tribunals, Courts and Enforcement Act 2007, I'm not sure of the procedure and who considers it. Luckily, I've not had to do this.
Good luck!

Tony

Judicial Review is definitely how you pursue the case when leave is refused.

Up here in cold and wet north the application is to the Court of Session. In England and Wales I assume it is to the Court of Appeal.

As far as I know the UT considers JR applications from decision of the FtT (like not admitting a late appeal), although in Scotland the application still has to be made initially to the Court of Session.

It is only really a possibility if the client qualifies for legal aid.

David

see rightsnet news @

Scope for judicial review of a social security commissioners refusal to grant leave to appeal: New High Court judgment (7 May 2009)

Thanks everyone.