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A decision was made in my UT appeal without the oral hearing I'd requested. Is this an error of law?

Peter99Peter99 Member Posts: 2 Listener
edited 10:16AM in PIP, DLA and AA
I requested for oral hearing in my Upper Tribunal appeal to allow my legal representatives to argue my case but the Judge has made the final decision without an oral hearing. Can I use that as error of law if the decision is not in my favour?

Replies

  • poppy123456poppy123456 Community champion Posts: 19,154 Disability Gamechanger
    HI and welcome,

    That's not an error in law. The options they have are, they can give the decision the First-tier Tribunal should have given, they can also make fresh or further findings of fact and give a new decision.

    If there is not enough information, it can refer the case to a new First-tier Tribunal.

    If you have a rep then you should be talking to them regarding this.


    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • Tori_ScopeTori_Scope Administrator Posts: 19 Connected
    edited 10:18AM
    Hi @Peter99! Welcome to the community, it's great to have you here. You might find this page helpful in further understanding Upper Tribunals, errors in law, and breaches of natural injustice: https://www.scope.org.uk/advice-and-support/further-appeal-upper-tribunal/

    Tori
    Online Community Coordinator
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