Delegated Functions, absent Mandy notices and how to beat it

How do.

This follows on from Peter’s Thread about clerks and delegated functions. I know that Mark Perlic has recently circulated the Practice Direction around NAWRA and WMWRAG and me being a saddo I took my books home with me on my week off to brood on it.

We now know that whatever you write in bold, 72point print on top of a non compliant appeal that the post section will simply pull it as a non compliant appeal and send it back to your punter and if you’re lucky they might note your details before they do.

Now rule 4(3) TP(FtT)(SEC) rules 2008 tells us that when a clerk exercies a delegated function; such as deciding that an appeal’s non compliant, then we can send it back within 14 days and ask a Judge to look at it. That aspect isn’t delegated in the practice direction so I’d think it’s a good idea to just bounce such returned appeals back to the appeals centre with a “please ask a Judge to look at it” letter. Then it MUST go to a Judge for consideration.

I also wonder whether rule 16(3) would bite… No person may be compelled to give any evidence or produce any document that the person could not be compelled to give or produce on a trial of an action in a court of law. So if your account is that you haven’t got it how could you be compelled to provide it?

I know that my efforts at pitchfork sales haven’t gone down too well but I really do think in the current climate we should be making co-ordinated responses to get our message across and I have a strong feeling that this is it. Otherwise it’s baying mob time and you’ve all no stomach for that!