Appeal Submission – help

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  • #38493
    Anonymous
    Guest

    I haven’t done one for so long but my appeals officer made the decison under appeal so the buck has stopped with me! Can anyone please remind me what the protocol is now for citing cases? It’s a non-commercial tenancy decison, and I know we have to cover all bases Reg 8 and Reg 9, but how many cases do I refer to in my submission? Do I, in fact, have to cite any because the Lt Tribunal have heard it all before and I am not relying on any particular one. If I refer to one do I have to produce it for the Tribunal or can I assume that they will look it up for themselves in CPAG Guide (which I know they use).

    Feeling slightly panicky now…

    #108542
    jamcon
    Participant

    I always produce a copy of any case law I mention. The Judge may or may not be aware of the case law, but the claimant almost certainly won’t. They have to have the chance to read any case law cited to see whether they agree with it or if the case law does actually say what you believe it does.

    #108569
    Anonymous
    Guest

    Although the tribunal may be aware of the case law on a particular subject the claimant probably would not. If the case law is not produced then I’m fairly certain that an appeal on the grounds of natural justice would succeed.

    Also, rule 23(5) of the FtT Rulessays that the DM must provide a copy of the response and accompanying docs to each other party at the same time as it provides the response to the tribunal.

    #108586
    Anonymous
    Guest

    Thanks guys – it’s basically the same as when I last did it except some of thew documentation has changed

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