Paper Hearing where Oral was requested

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    We have received a decision on a case where we requested an oral hearing however the case has been decided on the papers. The decision made is a little questionable.

    I was wondering do I have to request leave to appeal or can I request that the appeal is set aside as our request for an oral hearing was ignored? Also if I were to request a set aside in experience have these requests been successful?

    Many Thanks


    We’ve had a large number of cases heard on the papers where we’ve requested a paper hearing. The decision usually comes with wording along the lines of “both parties indicated they did not require an oral hearing”.

    I would request a set aside on the grounds that you were not invited to the proceedings despite requesting an oral hearing.

    I can’t see how such a request could be refused.


    As you requested an oral hearing I would apply for the decision to be set aside under rule 37(2)(c) of the First-tier Tribunal Rules;

    (c) a party, or a partyy’s representative, was not present at a hearing related to the proceedings;

    The application must be made in writing and within 1 month of the date the Tribunal sent notice of the decision, rule 37(3).


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