Appeal by e-mal

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  • #38183
    Anonymous
    Guest

    DM & A Reg 20 no longer contains Paragraph 1b, stating appeal must be signed by person who has right of appeal.

    E-mail has been returned to appellant for signing and a request has been made by telephone asking for signed appeal letter.

    Taking account of the fact the paragraph relating to unsigned appeals has been removed,does this mean we no longer need a hand written signature?

    #107593
    Anonymous
    Guest

    Most of the regulations relating to appeals are now in the First-tier Tribunal and Upper Tribunal Rules. There is still a requirement to sign the notice of appeal and that is in rule 23(6) of the FtT Rules.

    E-mail appeals that have not been signed are causing problems but at the end of the day if you cannot get it signed then it should be referred to the tribunal to decide whether or not it is validly made because they have the power in rule 7 to waive any requirement under the rules.

    HTH

    #107596
    Anonymous
    Guest

    Thank you

    #107657
    Kevin D
    Participant

    Just an observation. In a different context, I had reason to email someone in the past few months where I knew the signature issue could arise. I simply typed my name, put other characters either end of my name and then further typed “(this constitutes my signature for the purpose of this document)”. This approach was accepted (afterall, no one has the right to tell someone else how to portray their signature).

    #107674
    John Boxall
    Participant

    I’ve always tended to take a fairly pragmatic approach.

    1. If you uphold the appeal anyway, or revise in the claimants favour to some extent, it doesnt really matter that the appeal isnt signed.
    2. My experience is that TTS Judges take a fairly common sense approach. I’ve done a number of cases where you have a large overpayment that has been reduced by a few pounds (literally)then it’s pretty obvious that the claimant still wont be happy, so submission & off to TTS while it’s still fresh in my mind. TTS never made a comment. On the same basis I might not worry that much about a signature on an e-mail.

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