Criteria for granting or refusal of leave to appeal?

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  • #43599
    Clive Hayward
    Participant

    Hello,

    I'd be grateful for any advice on this please.

    We have recently been refused leave to appeal by a District Tribunal Judge.

    We had sought to argue that the Tribunal had failed to take our arguments into account and/or failed to show why it rejected them (the Tribunal allowed the appeal because the DWP allegedly didn't make a valid revision- we supported them but also tried to argue that as it was [we say] fraud we have some autonomy anyway. We got one para out of 47 in the S of R and our legal arguments weren't addressed at all).

    The decision refusing permission to appeal to UT says:

    "I am not satisfied that there has been an error of law in this case"

    Does anybody know: is this the appropriate test?

    Wouldn't it be enough for it to be arguable that there had been an error in law?

    If the District Judge has made a mistake about that, is there anything we can do other than (obviously) requesting permission direct from UT?

      

     

    #123809
    peterdelamothe
    Keymaster

    It is certainly the test; if your issues were raised and rejected by the Tribunal then it is important to try to look at the decision objectively. Are tou trying to challenge because you do not like the decision or is the evidence very strongly in your favour? Did the Tribunal make a reasonable decision that was open to it to make?

    The fact that the Tribunal has not really mentioned your position except in passing…the Tribunal may have decided it had no merit. It does not need to address all the issues in great detail a decision. A para may well have been sufficient.

    Always best to look at the matter after a few days reflection (if you have not done so). Did you / the DWP quote case law that has been ignored? Did you really prove this fraud? The UT will often give permission but then pour scorn on the subsequent appeal if it has no real merit!!

    #123813
    Clive Hayward
    Participant

    They can pour as much scorn as they like Peter: it won’t stop me arguing it. I really can’t accept that one para is sufficient in the context of a £12k overpayment because I have no assurance whatsoever that our issues were considered. Having asked the Tribunal to consider “Awaritefe” and “Hamilton” but not seen either case mentioned in the S of R leads me to believe we were short-changed.

    I’m also rather grumpy that Permission can be refused with the stroke of a pen.

    The evidence of living together is very strong in my opinion but the Tribunal decided it shouldn’t look at it (despite hearing a day’s worth of evidence) because of the DWP’s shortcomings. When the judge actually told me the other day that he thought the appellant would be “struggling” if the case ever got back to a tribunal I don’t think he was just patting me on the head either.

    Grateful as always for your advice, and I shall certainly try to reflect on it more calmly over the next few days!

    #123814
    chris harvey
    Participant

    I think you can still appeal to the Upper Tribunal directly, even if leave to appeal has been refused by the First Tier judge.

    #123817
    Clive Hayward
    Participant

    That’s right Chris. We’ve got a month from this Wednesday so I’ve got time to calm down!!

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