file destroyed so no Statement of Reasosn possible

Following request for SoR I’ve been advised that file was destoyed so no SOR is possible - it is a late appeal against decision of LT to UT for client who has m/h difficulties and appeal took place in his absence (paper ) - any ideas on how to take it further?

Thanks in advance,

Toby

I thought the failure to provide a SoR was an automatice error?

Yes, you need to request “set aside” , as long as one of the criteria is met it should be granted.

Depends on when the SoR was requested.  If in time, a definite set aside.  If out of time, a SoR can be refused.  The following authorities may or may not be of interest in the context of it not being possible to produce a SoR:

CH/2912/2007
CDLA/0371/2009 (aka [2009] UKUT 68 (AAC))
CJSA/3513/2007
CH/4066/2007
CI/2324/2008 (aka SP v SoS DWP [2009] UKUT 97 (AAC))

In a different context and probably less relevant, CH/1919/2009.