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Forum Home  →  Discussion  →  Decision making and appeals  →  Thread

corrected tribunal decision

slaw
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Macmillan benefits advice team - Oldham CAB

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Total Posts: 88

Joined: 10 August 2010

My client lost his tribunal, decision dated 18/07/2011.  The decision that was issued was incorrect as it stated that decision was ‘with effect from 13/07/2011’ when in fact it should have been from 27/05/2011.  I hadn’t noticed this at first (lesson learnt - always check basics!).  I had requested statement of reasons and received these before I received another letter from tribunals service dated 16/08/2011 correcting the decision.  I am currently requesting permission to appeal to UT (for other reasons) and am wondering whether I should mention this.  Probably grasping at straws I know.

Incidentally, just out of curiosity, is there a time limit for the tribunal to correct it’s decision?

Thanks

Ros
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editor, rightsnet.org.uk

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Total Posts: 1323

Joined: 6 June 2010

hi

was just checking this and see in notes to rule 36 of tribunal rules in sweet and maxwell vol III (p.1382) that it it has been held that application for leave to appeal lapses if decision has been corrected and a new application may be required, although a pending application may be teated as being application against the new decision by UT (CSI/74/1991).

sounds as though you should perhaps send in new leave app against new decision to be on safe side.

there’s no time limit for correcting decisions that i can see.

cheers ros

nevip
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Welfare rights adviser - Sefton Council, Liverpool

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Joined: 16 June 2010

And, as long as you are not disputing the correction then it is not worth mentioning unless it impacts on the substantive point of law you are raising.