Reply To: claimant won his appeal and now wants to claim for damages

#164234
d-stainsby
Participant

Lets get some sense of proportion here.

He lost his previous appeals.  He did not go any further and try to appeal to the UT.  This means that the FtT decisions are now final.

The practical result is that he is legally not entitled to HB until the start of the award pertaining to the latest appeal, end of.  He cannot possibly sue for monies that he is not entitled to.

As for the latest appeal, a Tribunal is not bound by any conclusions or determinations of fact made by a previous tribunal (I have posted a number of times on other threads explaining this …..see for example http://new.hbinfo.org/forums/topics/revisiting-2012-decision)

The UT will not interfere with the latest Tribunal's determinations of fact, unless its reasoning is inadequate.  You are entirely right when you say that you cannot introduce fresh evidence to the UT, and the FtT cannot be cricicised for not considering evidence that was not put before it.

I will represent claimants in difficult and contentious cases, but I would not touch this one for the simple reason that he lost the previous appeals and he cannot re-open them. 

I don't think your legal department  would need to go to all the bother of seeking Counsel's advice because this is a simple matter of the legal doctrine of estoppel ( there is a nice explanation of this in Wikepedia https://en.wikipedia.org/wiki/Estoppel)