when appealing to the upper Tribunal

Hi Tony,

You send your appeal to the address listed on your letter. You need your name, address, postcode, NI Number, Reference Number and date of letter all on your appeal letter.

I have recently appealed to the the upper tribunal myself ad the address I used to send my letter too was:

HM Courts & Tribunal Service,
Social Security & Child Support Appeals,
York House,
York Place,
Leeds,
LS1 2ED.

Not sure if each area has it's own set of courts however, so this address may not be of any use to you, but hopefully the information helps none the less.

Regards, Chris.

I don't believe it would be the same judge however. I would imagine it's someone in admin, opening the letters and putting them in the correct box to be sorted to the location they need to go too, such as Upper Tribunal for example.

Chris.

Tony

Once you receive the SoR and if you are able to show that there was an Error of Law in the making of the panel's Decision, then your first point of appeal is back to the Judge who was in charge of your hearing, they can reject your appeal, allow it or in certain circumstances Set Aside the Decision so that a new FTT hearing is required.

If they allow the appeal then it will be submitted to the UTT.

If they reject it then you can appeal to the UTT directly, a District Judge will review your appeal and if they feel it has merit then they will pass it on to the UTT. If they do not then that is it, your further rights of appeal are terminated and the Decision of the FTT hearing will stand.

Gordon

Hi Tony,
In my experience it is the District Judge who will review the initial decision when you make the set aside request.
(You have a tribunal- decision- ask for statement of reasons and then if you believe there is an error of law you write ask the First-tier Tribunal to set aside the decision and/or to grant leave to appeal to Upper Tribunal. )
Sometimes the first tier hearing is heard by the District Judge - and then he/she will review the case. If there is an obvious error then the DJ can set aside the case to allow for a new hearing at first tier.
Of course in these circumstances the DJ may not believe an error has occurred, so if you are confident you can proceed to UT - you will be given instructions with the review decision and you need to fill out a UT1 form.
I have successfully appealed to UT even the appeal was not accepted by the first tier review.
I did query whether it was correct/fair for the hearing judge and reviewing judge to be the same and I was told ot was ok, but I remain unconvinced! I guess the point wasn't important after the UT accepted that there was an arguable error of law and eventually agreed to set aside the case anyway!
I hope this helps.
LL26