Appeal – when does it end?

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  • #43638
    David
    Participant

    At first tier tribunal the judge has found in our favour in two separate appeals regarding  large overpayments.

    Our recovery team are keen to start recovery. In the first one, a SOR has been requested, but not yet issued.

    In the second one, following the SOR, leave has been sought to appeal to UT.

    My question is: When does an appeal end? Is it after the decision? If so, at what stages after this is the appeal still 'open'?

    #123911
    David
    Participant

    Posted twice in error

    #123922
    Chris Robbins
    Participant

    Your appeals remain ‘open’ for as long as your claimant still retains a right of appeal.
    If you look at best practice, when you make an initial decision that an O/P has occurred you do not commence recovery action for one month after issuing the decision so as to give the claimant the right of appeal.
    If you receive an appeal then recovery action is suspended until the appeal is heard.
    If you then know that your claimant is seeking leave to appeal to the UT then the appeal remains ongoing until a decision is made that the appeal will not be admitted, or alternatively if it is admitted until UT makes a decision. Again you would suspend recovery in the interim.
    As a rule of thumb, I would commence recovery after a FtT decision UNLESS I knew that a further appeal was being contemplated. If I did know that to be the case I would suspend recovery.
    So, in your two cases the second is unarguable – the decision is still subject to appeal.
    In the first a request for SOR must be an indication of an intention to appeal – that is why you ask for one. Once you get the SOR you would then be entitled to check whether leave to appeal to the UT was being sought.
    As a final point it would not be unusual for recovery to commence and your claimant to then seek an extension of time in which to appeal. This of course could happen at any time within 13 months.

    #124001
    peterdelamothe
    Keymaster

    My view is that recovery can reasonably start after the Tribunal decision. An appeal to UT can only be made on an error of law and the law on OP is very clear nowadays. Should permission be actually granted then I think it is reasonable to suspend recovery again. But just applying is not enough; it takes a lot more to get a decision overturned.

    #124031
    Anonymous
    Guest

    Tricky situation and Judge Williams got a bit heated in CH/1757/09 and went as far as suspending the effect of the FtT decision and served it on the Council and the Bailiffs to stop them enforcing recovery (paragraph J in the Directions and paragraph 40).

    HTH

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