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Forum Home  →  Discussion  →  Decision making and appeals  →  Thread

Multiple set aside applications

Mike Hughes
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Senior welfare rights officer - Salford City Council Welfare Rights Service

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Total Posts: 3138

Joined: 17 June 2010

Quick one - off the top of my head I can’t see anything preventing a second application for the set aside of a tribunal decision. Won’t bore you with the details but if, as now seems likely, this is heading to the UT I have little doubt it will be one of those lovely decisions where the UT expresses the exact opposite of the views which tend to prevail at regional level i.e. that there was no justification for an appeal proceeding without the appellant having already been to the UT once before.

Frankly I’ve been left somewhat staggered by the refusal to set aside on this specific case, not least because the judges explanation for the conduct of the appeal is so obviously incorrect in places as to be embarrassing. The ideal solution for all concerned would be a set aside as the UT are likely to have a field day.

I seem to recall our previous North West Regional Judge making much of the fact there was no impediment to multiple set aside applications. In this case the judges response raises 2 issues which would give grounds for a further application.

Thoughts?

Mike Hughes
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Senior welfare rights officer - Salford City Council Welfare Rights Service

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Total Posts: 3138

Joined: 17 June 2010

Thanks Tony,

I’ve since had time to chase it down and come to that same conclusion. I know the time limits etc. it was just the repetition thing I wasn’t sure on. Go bless Nick Warren etc.

I’ve little doubt they’ll extend the time having sent firstly no decision and then a decision to the wrong address. The judges comments in response to the first application have given me plenty to bite on in terms of new evidence so I suspect it’s just the novelty of a second application which will throw them.