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Appeal struck out- what can we do?
Client approached us for help with a tax credits appeal last October.
Client had made the appeal late but a judge had looked at it and agreed to allow appeal to continue. HMRC produced submission which, as well as addressing the issue under appeal (living together decision), contained a statment making it clear they disagreed with the decision to accept out of time.
I entered a submission regarding the living together issue.
Appeal hearing date was given for December 2014. The judge postponed the hearing, directing the case back to the judge who had looked at it before to ask him to reconsider whether appeal should be allowed given that HMRC stated intention to appeal to UT if appeal allowed!
I entered another submission setting out arguments why appeal should be accepted as made in time.
Judge gives further directions giving both sides more time to comment. Further submissions back and forth re living together issue.
On 16 March client was sent 2 letter by the tribunal service. Both from the same clerk. Both with same reference. 1st said that consideration being given to striking out and to reply within a month if object. 2nd says appeal is struck out. I phoned Tribunal Service and they said that appeal has been struck out because no power to extend time limit.
CLient wants to continue with appeal. Is there any action I can take?
Many thanks in advance for any comments.