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Forum Home  →  Discussion  →  Decision making and appeals  →  Thread

Rights of Audience

J.Mckendrick
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Welfare Benefits Team - Phoenix & Norcas

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Total Posts: 279

Joined: 16 March 2012

Does anyone know who other than a barrister can appeal an Upper Tribunal decision and put the case in front of the Court of Appeal. Are there any special rules under the Tribunal rules and regulations that permit a lay person to make the appeal or does it have to be a barrister. If such professional representation is needed how does one go about getting such representation and what are the costs involved etc.

Many thanks JM.

nevip
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Welfare rights adviser - Sefton Council, Liverpool

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Claimants or litigants in person are completely free to lodge their own appeals.  The Civil Appeals Office will assist them through the process and is usually very helpful.  Only barristers (or certain special advocates) and litigants in person have rights of audience in the actual court. 

http://www.justice.gov.uk/courts/rcj-rolls-building/court-of-appeal/civil-division

J.Mckendrick
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Welfare Benefits Team - Phoenix & Norcas

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Total Posts: 279

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FAO Nevip - I am a benefits adviser for a Norwich based charity and have had an UT decision go against me so therefore could I be classed as a litigent in person and present the case at the Court of Appeal or do you know any organisation/charity that takes on UT cases that have a national interest. Thanks.

nevip
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Welfare rights adviser - Sefton Council, Liverpool

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Total Posts: 3137

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No, you are not the litigant in person.  Your client is.  You can assist in lodging the appeal but you don’t have rights of audience in court.  I would try to instruct a solicitor if I were you and your client.  Try the Public Law Project or look on the Law Society’s website.