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Forum Home  →  Discussion  →  Decision making and appeals  →  Thread

Can I ask for permission to appeal to the Upper Tribunal without a statement of reasons?

SClark01
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Welfare Rights, Drumchapel Citizens Advice Bureau, Glasgow

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Total Posts: 11

Joined: 22 January 2016

Hi folks

I won’t start from scratch with this one.  Basically, I submitted a request to re-instate a PIP appeal a good few months outwith the usual one month time limit (long story).  The Tribunal Judge rejected my request stating a) that it was time-barred and b) not in the interests of justice to re-instate the appeal.  After checking the relevant regs, talking to CPAG and getting advice from this forum, I requested the statement of reasons.  However, the Tribunal Judge has refused to supply this.  Basically, he feels he’s said everything he needs to say in the decision.  So, we don’t know why he felt it wasn’t in the interests of justice to re-instate my client’s appeal.

I remember being told about a piece of case law a few years ago that allowed a request to the UT to be submitted without an SoR.  I’ve also read that the Tribunal has discretion to treat such an application as a request for an SoR and that your appeal will be accepted if again it’s considered in the interests of justice to do so.  I’ve tried to find the relevant case law and regs to back up such claims but I’m hitting a brick wall. 

I’d be most grateful if someone could help me find the relevant caselaw and/or regs to back up my request to appeal to the UT as I want to be fully prepared and give my client the best shot. 

Ta

[ Edited: 3 May 2018 at 04:28 pm by SClark01 ]
Elliot Kent
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Shelter

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The Judge has given you a statement of reasons already - they’ve said that the DN will stand as full reasons.

You now need to ask the FtT for permission to appeal.

SClark01
forum member

Welfare Rights, Drumchapel Citizens Advice Bureau, Glasgow

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Total Posts: 11

Joined: 22 January 2016

Thanks.  I wasn’t sure.