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

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Peter99
Peter99 Community member Posts: 65 Connected
edited August 2020 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?
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  • poppy123456
    poppy123456 Community member Posts: 53,985 Disability Gamechanger
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    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.


    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
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  • Tori_Scope
    Tori_Scope Scope Posts: 12,492 Disability Gamechanger
    edited August 2020
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    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.

    Tori
    National Campaigns Officer, she/her

    Check out our Playground Accessibility Map
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  • Peter99
    Peter99 Community member Posts: 65 Connected
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    Thank you all for your response. I wonder if the UT Judge decision not to bother with the oral hearing, even when requested, is an indication that he wants to allow the appeal. Am I been too optimistic?
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  • Peter99
    Peter99 Community member Posts: 65 Connected
    edited August 2020
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    Does anyone know how long does it take for UT to issue out the decision to the parties after the Judge had made it.
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  • Tori_Scope
    Tori_Scope Scope Posts: 12,492 Disability Gamechanger
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    Hi @Peter99! I'm afraid I don't know the answer to your question, but I hope one of our other members will be able to answer your query soon :) In the meantime, I found this document of frequently asked questions, which you might find helpful.
    National Campaigns Officer, she/her

    Check out our Playground Accessibility Map
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  • Peter99
    Peter99 Community member Posts: 65 Connected
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    @Tori_Scope
    Thank you so much for your helpful response. I will endeavour to check out the link you sent.
    Much  Appreciated 
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