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‘No record of proceedings - appeal was heard on the papers”
Is what HMCTS state by letter in relation to an oral hearing that both the appellant and I attended.
What to do?
- a failure to keep a record of proceedings will not necessarily mean that a tribunal has erred in law. But it will if that results in it being difficult to determine whether adequate reasons are given - R(DLA) 3/08. The tribunal’s misunderstanding of some crucial aspects of the appellant’s evidence was clear even during the hearing, so adequacy of reasons and an accurate record of the evidence given is quite likely to be an issue in any application for leave to appeal.
- it’s possible (probable) that this is just/yet another clerking/admin error and that a record of proceedings in fact exists.
- but if it does, the aforementioned clerking/admin inefficiencies mean that a straightforward letter to HMCTS to set them straight is unlikely to be dealt with any better.
- so do I make a directions request to a District Judge, making it clear that the request is made in the spirit of co-operating with the tribunal - i.e. to provide it opportunity now of avoiding giving me a potential open goal later when the statement of reasons is produced?
- or sit tight and hope for that open goal?
(The decision was one of the most outrageous/unfair/in respect of one of the most deserving cases in I’ve represented in my time doing this, so I’m sorely tempted to sit tight. ;)
by implication, you have the statement of reasons?
i’d just get on and apply for leave to appeal, stating in your application that you can’t supply record of proceedings as HMCTS haven’t sent them ....
you presumably kept the notice of hearing date, and you and your client will be able to confirm you both attended….
No Claire, no statement of reasons yet…...
No Claire, no statement of reasons yet…...
ah.
well it will be interesting to see what turns up with those when you get them…....