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Forum Home  →  Discussion  →  Decision making and appeals  →  Thread

Do 1st tier tribunals have to give reasons for refusal of set aside decision

plymmark
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Money Advice Casewoker, Money Advice Plymouth

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Total Posts: 9

Joined: 16 June 2010

hello all

Had a side aside request refused, the decision letter they sent me said I could ask for a full written statement. Which I did. I have just received a Direction notice from the tribunal judge which says

“I do not consider that a refusal to set aside a tribunals decision is a decision which finally disposes of all issues in the proceedings. Therefore, no statement will be prepared in respect of the decision”.

Is this correct. Even if it is, not sure why they gave the option of asking for a written statement in their decision letter if they just then refuse to supply it when it is requested.

chrislpl
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Linskills Solicitors

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Joined: 6 July 2010

No they do not. However, you can still appeal against a refusal to set aside decision, because it is no longer exempted from being appealled. If you refer to Upper Tribunal Decision CDLA/2818/2009 (I have tried to attach a copy and hope this succeeds), the Upper Tribunal Judge explains this and also grounds why you may be able to appeal against a refusal to set aside decision. Obviously, without a statement of reasons, it is more difficult to persuade the Upper Tribunal to entertain such an appeal but it is not impossible. It may be that some of the decision making can be inferred by the nature of your set aside application and that the Upper Tribunal Judge considering your application for leave to appeal may be sufficiently offended if the decision you are trying to get set aside is obviously unfair that they will find a way to grant leave.

I hope that this helps.

Chris

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nevip
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Welfare rights adviser - Sefton Council, Liverpool

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I agree that refusals to set aside are now appealable but I think you might have been the victim of a badly drafted letter.  I think TTS meant to say you can ask for a full statement of reasons for the tribunal’s outcome decision and you have written for full reasons for refusing to set that decision aside.  Is that what happened?  If so you can appeal the refusal to set aside, get the written reasons for the tribunal’s decision and if you can find an error of law, appeal the tribunal’s decision also.