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Forum Home  →  Discussion  →  Decision making and appeals  →  Thread

FTT Judge refuses leave to appeal

HarlowAC
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Harlow Advice Centre

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Hi All

Is there anything to say that the FTT Judge who dismissed an appeal should not consider the application for leave to appeal in the same case?

Elliot Kent
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No - the exact opposite is true. Where the case is heard by a salaried judge, they should deal with any post hearing applications themselves.

https://www.judiciary.uk/wp-content/uploads/JCO/Documents/Practice+Directions/Tribunals/sec-composition-sscs-cases-01082013.pdf

A Judge ought to be capable of retaining sufficient objectivity to accept that there may be an argument they are wrong, even if they don’t agree with that argument.

HarlowAC
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Thanks Elliot

Yes, I wondered if that may be the case. Makes sense.