Gloss of truth - rep’s appeal submission

I have just received an SOR that is making my blood boil - the SOR states that my submission was “prepared without regard to the accuracy of the position at the date of the submission” and “the representation is a gloss on the truth of the position” .  I have an ongoing complaint against this particular judge but this was uncalled for and was not even raised at the hearing.

Any ideas on how to deal with this in my leave to appeal without it getting personal!

First and foremost, identify errors in law.  Without that, you have nothing.  At the end, almost as a footnote, advise the UT that “...in respect of the Judge’s highly personalised comments in respect of the representative, the UT might like to be aware that a formal complaint is being pursued by the representative about the conduct of the Tribunal…”.  To cover your options (and the back of your client), it may be prudent to go on to say something like…  “If, contrary to my firm belief, the UT considers the representative to have acted in a manner that was inappropriate, I ask that this does not affect my client’s case - an appellant should not be penalised for the conduct of his/her representative (CH/1312/2002)”.

As an aside, I was once threatened by a Tribunal Chairman with legal action for defamation - the complaint came to the LA from the District Chairman demanding apologies for my comments about bias at a Tribunal hearing.  I wrote back, apologising four times in my letter - but not once in respect of what I had said about the Tribunal (which I stand by to this day).  The threatened legal action never materialised.

Thanks for your advice - this will be the third complaint regarding this particular judge’s conduct but the first where he has actually accused me of lying!

Whilst deplorable behaviour of anyone at tribunal should not be tolerated and it should not stop anyone complaining, is it wise to complain three times about the same Judge? Perhaps it is if warrented but if the Judge is so bad others will also have lodged complaints as well. Perhaps you can check this with other reps and organisation as we all live in a very small appeal goldfish bowl.

In my experience Judges quite rightly view their independence very preciously and how we work on behalf of clients. If you lodge a complaint stick to the facts of why you thought you were badly treated. If the remarks concern a WSOR seek to overturn it on a point of law again on the facts and any personel comments will be seen in that context. Perhaps also ask a colleague to cast an independent eye over the case concerned to see if they agree with you or if not why not. Was the Judge making a valid or in valid comment.

One Judge once stated my comments in a submission on a particulasr part of a medical could be slanderous. I repeated the clients ascertion that the assessor yanked her hand and that it hurt her. The appellant disowned the alleged claim in the tribunal. I took the hump but from the judges point of view it was correct. I have a lot iof respect for that particular judge. I think the Judge had an issue with that particular case not any other and thats the point. 

A very very very long time ago another Judge stated they found a colleague to be in tribunal ‘gauche and gauky’. In a WSOR of the same case they further reported that the apellant did not react badly with the tribunal at the hearing but must have reacted badly with his representative for him to be as anxious as claimed in that colleagues submission. I think there was a finding of fact in there somewhere!

I do not make complaints against Judges willy nilly.  This particular judge stated in a SOR about a client that if she really had wanted to kill herself after 3 previous attempts then why had she not succeeded.  This was just the beginning of a personal attack that put back this client’s recovery by over a year. 

I do not just have the hump with this judge!  Thanks for your comments.  I have tried to get other examples but cannot name this judge on this forum but have personally spoken to other advisers but no one that I know of attends Basildon.  The other complaints I have raised have been becuase the client’s have asked me to, this was the first where this Judge has called me a liar on paper!

Goodness - sounds a right charmer!! I’m thankful that i don’t rep in Basildon!

Not only does this show an appalling lack of sensitivity but appalling ignorance.  Successful suicides by people with long standing mental illness are often preceded by several ‘dress rehearsals’.  It is probably right now that the need for supervision is at its most acute.

And, on the issue of being called a liar.  That is inexcusable without solid evidence.  I’d be demanding an immediate retraction and a personal apology.

The Judge does sound appalling. The facts of the complaint will speak for themselves once placed. Other complaints must have been made by others whether you are aware of these or not for such deplorable behaviour.  But again worth asking. And you are entitled to have the hump but unlike my example this behaviour is not understandable, or acceptable and is inexcusable. Good luck.