Reply To: Appeals Process

Mike Hughes

A fair amount of over-thinking going on here potentially. It’s pretty simple.

Do you have a piece of evidence for which you believe there should either be zero disclosure; partial disclosure or redacted disclosure?

If you do then under TPR 24 (which engages DPA 8 as already noted) you need to submit the evidence and request a direction as to its treatment. Peter’s example is excellent. Kevin’s reference to “advice” I think is slightly misleading. A judge has no power to advise. They can only direct.

You are then theoretically bound by that direction. Whilst there’s no right of challenge to a direction you disagree with you can of course ask for further directions, which may or may not go before the same judge. You can also highlight issues to the Regional Judge. I have had a set of four directions subtly over-turned by a RJ who simply took matters in the desired direction without ever over-turning anything.

Side issue but I am bewildered by the suggestion 7220 ever flew in the face of the DPA.