No grounds of appeal

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  • #31874
    Anonymous
    Guest

    Around a month ago I submitted 6 appeals from the same family who we have evidence of money laundering from all of them. I submitted them all as not duly made as they have given no grounds of appeal. All they said in their letters is “I wish to appeal your decision and will give my grounds at a later date”. 8 weeks later no contact so I sent them all off to FtT.

    Today I receive letters from the FtT saying a Judge has admitted all the appeals and directed me to do submissions. 😯

    How on earth am I supposed to do submissions when I don’t know the grounds of appeal?? I’ve written to the FtT today asking this very question.

    In the meantime has anyone got any ideas?

    #89119
    Anonymous
    Guest

    What was your decision? A lot of the time it can be pretty easy to guess what the claimant disagrees with.

    #89120
    Anonymous
    Guest

    Fictitious desertion, undisclosed business income, undisclosed property ownership, undisclosed partners, undisclosed tax credits, non-existent dependants, child trafficking (seriously!) , deprivation of capital. You name it they’ve done it!

    My problem is that not all of the above relate to each claimant so I can’t put all of the above in each submission – hence my problem.

    #89121
    Kevin D
    Participant

    In [b:21f58e737d]CH/1972/2007[/b:21f58e737d], it was found that a Tribunal had no jurisdiction if an appeal was not made in accordance with the relevant legislation.

    However, that was decided before the introduction of the current Tribunal regime and for that reason, I’m not sure how relevant that CD remains. I think it must surely still open to argument that an appeal must be made in accordance with the legislation. But, since Nov 2008, Tribunals seem to have more latitude in dealing with such matters…(or at least they think they have… 😯 ).

    #89122
    Anonymous
    Guest

    I would do a submission/response for each one, explaining what decision(s) have been made, but in part 7 (the submission) just state that the appellant has given no grounds for their appeal and request that they be struck out. This is my standard text for no grounds / late appeals:

    [quote:c2b8d0ade0]7.1 Rule 23(2) of The Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008 states that proceedings must be started by the appellant delivering notice of the appeal within the time specified in Schedule 1. Rule 23(5) requires that the notice contain the grounds on which the appellant relies.

    7.2 The appellant has not provided any grounds for her appeal, and the appeal was made more than one month after the decision. The appellant has not provided any explanation for submitting the appeal more than one month after the date of the decision.

    7.3 The authority submits that the appeal has no reasonable prospect of success, because the appeal has not been made in accordance with rule 23. The authority requests that the tribunal strike out the appeal using its powers under rule 8(4).[/quote:c2b8d0ade0]
    Note that the tribunals service will have to contact the appellant again and give them another chance to provide grounds for their appeal before they can strike out under rule 8(4).

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