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Forum Home  →  Discussion  →  Decision making and appeals  →  Thread

late applications for leave to appeal

ClairemHodgson
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Solicitor, SC Law, Harrow

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This, just reported, repays careful reading

http://www.bailii.org/uk/cases/UKUT/AAC/2017/149.pdf

the appellant claimant was refused leave to appeal late to the UT, for the reasons set out - the UT has applied the learning in various important civil cases on the need to comply wtih timetables/sanctions and the like to tribunal proceedings.

the object lesson is - find your error of law and get appeal in sharpish, and worry about the rest later.  Particularly in a case such as this where the error of law had been set out by the appellant herself before she took advice.

Mike Hughes
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Interesting case. Not sure it sits well with the overriding principals and wouldn’t be surprised to see it challenged as there’s no reference to them.

[ Edited: 19 Apr 2017 at 12:23 pm by Mike Hughes ]
John Birks
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Wouldn’t that be 2(2)?

ClairemHodgson
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Mike Hughes - 13 April 2017 10:37 AM

Interesting case. Not sure it sits will with the overriding principals and wouldn’t be surprised to see it challenged as there’s no reference to them.

the judge DID refer to them ...

Dan_Manville
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I haven’t read this yet but I’m wondering whether it reflects the general tightening of deadlines across Civil cases that we felt when we were doing the EQA stuff a couple or 3 years back.

I’ve always wondered whether we’d see it reach as far as Social Security

ClairemHodgson
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Dan Manville - 18 April 2017 10:38 AM

I haven’t read this yet but I’m wondering whether it reflects the general tightening of deadlines across Civil cases that we felt when we were doing the EQA stuff a couple or 3 years back.

definitely.  the Judges at higher levels are clear that this criteria will apply throughout.  I should imagine in Social Security type stuff there will be more leeway that for civil litigation generally.  but you will all need to take it all on board, IMHO.  but the same criteria applies to government as they are finding out to their own detriment (Denton, one of the cases cited, was a police case and it was the police who failed to comply with directions etc.  they were heavily penalised for that)

Dan_Manville
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ClairemHodgson - 18 April 2017 12:07 PM

  but you will all need to take it all on board, IMHO.

Most certainly; issue for our team meeting whenever we next meet.

Edit… thanks Claire.

 

[ Edited: 18 Apr 2017 at 04:10 pm by Dan_Manville ]