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  • #31566
    Anonymous
    Guest

    I know I may have asked this question before but I’d a[ppreciate help. The appellant claims she sent in a letter in October 09 reporting a cnange of circumstances which the authority did not receive. The authority doesn’t believe she sent it but she claims she did

    The tribunal judge has quoted CG/2943/2004 and has stated that he believes her when she claims she sent the documents.

    Can anyone advise me on the best way of proceeding

    #88257
    Anonymous
    Guest

    Have you had a decision from the tribunal yet?

    It seems that the judge has made a factual finding that the claimant did report a change. Presumably this was based on oral evidence from the appellant. Unless that finding was so unreasonable that no other tribunal could have made it you can’t really do much about it.

    I would normally look into the claim history and bring this to the tribunal’s attention. Did the claimant always report changes by writing a letter? If she usually came to the Council in person or reported changes by telephone you would have had the chance to query why she changed her preferred method of communication. Does she say she sent original documents? If so she presumably expected them back at some point; why didn’t she query this?

    #88258
    Anonymous
    Guest

    Is that the correct reference? Are you sure the tribunal did not cite CG/2973/2004 because that case deals with a dispute over whether a document was received?

    CG/2973/2004 went to the Court of Appeal [Levy v SSWP reported as R(G)2/06]

    #88259
    Anonymous
    Guest

    Apologies it was CG2973/2004.

    The case was adjourned for my evidence on the history oif the case

    #41122
    Kevin D
    Participant

    In addition to “Levy”, “Sealy” may also be of interest (depends on the context of what is disputed):

    [b:b6019ca719]Sealy v Consignia plc [2002] EWCA Civ 878[/b:b6019ca719]
    http://www.bailii.org/ew/cases/EWCA/Civ/2002/878.html

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