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ESA appeals - withdrawing a withdrawal
Hello All, am (very!) new to appeal work so please bear with me on this one…
Client was receiving representation from local WRO. First-Tier hearing was scheduled for Sept, but due to multi-agency issues WRO agreed to hand over case to me. WRO then withdrew (not postponed) the appeal. Sorry this is such a basic query but should we not have asked for a postponement? Now that a withdrawal has been made, can we withdraw it?!
Hello and welcome.
Ask for a re-instatement, explaining the mix up, under rule 17 of the Tribunal Procedure (First-tier Tribunal) (SEC) Rules 2008. The request must be in writing and within 1 month of the date of the withdrawal request although the tribunal has the power to extend the time limits.
That is really helpful and a more positive answer than I was hoping for.
See page 1363 of the CPAG handbook. You can apply for a withdrawn appeal to be reinstated.
Sounds like the original rep meant to ‘withdraw’ their involvment so this is either a simple error by them or by the TTS who took it as withdrawing the appeal.
I think I’d want to see the letter that prompted withdrawal before making reps to TTS.
Yes, I’d be inclined to the view that, on current form, lots of temporary staff over the Summer etc., The TS has taken withdrawl of rep. as withdrawl of appeal.