Refusal of permission to make Upper Tribunal Appeal

Advice appreciated.

We have a case where we have been refused permission to appeal to UTT despite challenging the facts stated by Tribunal, and raising concerns over the fact that a Panel member on this appeal had previously sat on another DLA appeal for same client.

We argued that unfair bias was given to DWP evidence/ATOS report and our client’s partner’s testimony was not taken into account. The Tribunal appear to have based their opinion on the fact that our client still attends his workplace (making tea and talking to customers as client in too much pain to do much else).

Any suggestions for completing the UT1 form gratfeully received as we very rarely have these and want to do the best for our client.

I just attached the same letter to the UT1 as well. I trust the client(appellant) has supportive medical evidence to counter the Atos report etc?

And, there is nothing inherently unfair or unlawful in the same panel member sitting on a previous appeal for the same appellant.

It happens in the Magistrate’s Court all the time that the same bench sees the same defendants, over and over again, and that’s in a “real” court in criminal proceedings where the consequences of a miscarraige of justice are taken very seriously.
At a practical level it can be very hard for TS to put together a three-person tribunal who have never heard a previous appeal from the appellant. It can be hard enough putting a tribunal together after an adjournment, where it has to be all the same or all different - one reason why adjournments are not easily obtained and can cause severe delays.

I normally attach the original letter, and then add a couple of paragraphs highlightiner where I feel the 1st Tier Judge has misconstrued my arguments in refusing leave if appropriate, I agree that far too many applications are being refused leave on first application, don’t be deterred.