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Forum Home  →  Discussion  →  Decision making and appeals  →  Thread

When an incomplete record is an error of law

Damian
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Welfare rights officer - Salford Welfare Rights Service

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Total Posts: 211

Joined: 16 June 2010

I have CDLA/1389/97 which reviewed some of the previous caselaw where this issue arises but I also think I saw a more recent decision in which the question of where are incomplete or unreadable record of proceedings gives rise to an error of law was considered. Can’t find it now though. Did I imagine it or does anyone know what I’m talking about?

Ros
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editor, rightsnet.org.uk

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hi - here’s a link to briefcase summary for R(DLA)3/08 on whether necessary ofr tribunal to produce copy of record of proceedings -

http://www.rightsnet.org.uk/briefcase/summary/Whether-failure-to-produce-a-copy-of-its-record-of-proceedings-necessarily-/

Ros
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editor, rightsnet.org.uk

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new decision, CE/2446/2011, confirms that absence of record of proceedings can render tribunal decision wrong in law -

here’s link to briefcase summary -

http://www.rightsnet.org.uk/briefcase/summary/failure-to-produce-a-copy-of-record-of-proceedings-can-render-a-tribunal-de/