Forum Home → Discussion → Decision making and appeals → Thread
On what grounds can a upper tribunal decision be appealed?
Hi
If an upper tribunal appeal is lost, there can be another appeal to the court of appeal if a error of law is found.
Statutory Instruments 2008 No. 2834 states:-
2008.2.Permission to appeal to the Court of Appeal in England and Wales or leave to appeal to the Court of Appeal in Northern Ireland shall not be granted unless the Upper Tribunal or, where the Upper Tribunal refuses permission, the relevant appellate court, considers that—(a)the proposed appeal would raise some important point of principle or practice; or (b)there is some other compelling reason for the relevant appellate court to hear the appeal.
What is the definition of compelling reason? Can only lawyers take cases to the court of appeal (the charity that I am employed by does not have any lawyers)?
our next step is the court of session in scotland and as far as i am aware you need to be a lawyer to do that.
Your nearest law centre is Bury 0161 272 0666; Law Centres are contracted to provide Legal Aid funded advice and representation on Welfare Bens matters.
You will need a solicitor to instruct counsel; otherwise you could direct your client to a public access barrister. The problem with that route is that you might not find one with any Welfare Bens expertise so I’d recommend going down the Law Centre route.
Be quick, I think the deadline is 21 days.
Your nearest law centre is Bury 0161 272 0666; Law Centres are contracted to provide Legal Aid funded advice and representation on Welfare Bens matters.
You will need a solicitor to instruct counsel; otherwise you could direct your client to a public access barrister. The problem with that route is that you might not find one with any Welfare Bens expertise so I’d recommend going down the Law Centre route.
Be quick, I think the deadline is 21 days.
The application to appeal must be received within 3 months.
I will ignore the results of my googling then…
there are litigants in person doing their own appeals, but clearly that’s a bad idea in a benefits case.
rules re appealing can be found in the Civil Procedure Rules
https://www.justice.gov.uk/courts/procedure-rules/civil/rules
CPR 52 being the one in point (and don’t forget to read all the practice directions also). there are specific forms - and fees (from which of course your client may be exempt). The forms take some thought (i have in the past got counsel to do them! that way if they’re wrong counsel is stuck to arguing on his/her own errors rather than shouting at me about it…)
there are specialist chambers with benefits experience, some of whom have people who also provide free advice under the Bar’s scheme for that - but in any event, no barrister even under the free scheme would deal with something s/he has totally no experience in. IMHO. and some relevant barristers might be politically engaged enough to be prepared to do it anyway.
safer to get a solicitor with CofA and benefits expertise, if you can find such a beast.