New or Old Rules/Regulations ??

Hi All,

Lost Tribunal in July 2013, Trib said: "Decision made on **/12/2012 is confirmed" (I only score 6 points).

Question: Would/should the Tribunal have used the New or Old Rules/Regulations/Law ?

(and if they have used/based thier decision on the new rules from Jan2013+June2013, would this be an error of Law?)

Thanks,

Rob.

RobJean wrote: Hi All,

Lost Tribunal in July 2013, Trib said: "Decision made on **/12/2012 is confirmed" (I only score 6 points).

Question: Would/should the Tribunal have used the New or Old Rules/Regulations/Law ?

(and if they have used/based thier decision on the new rules from Jan2013+June2013, would this be an error of Law?)

Thanks,

Rob.

Hi RJ,

As a Tribunal re-looks at the original adverse decision, (which seems to be from December 2012) and whether you should have been awarded ESA at that time, they should have judged your appeal on the pre 28/01/13 Descriptors.

“Old” 2011 ESA WRAG (LCW) Schedule 2 Descriptors

”Old” 2011 ESA SG (LCWRA) Schedule 3 Descriptors

bro58

Thanks Bro58,

Does this also mean that I won't be able to use any Case Law decisions made after Dec2012 in my appeal to the UT ??

Thanks,

Rob.

Thanks Gordon, I think I understand.

Rob.

RobJean wrote: Thanks Gordon, I think I understand.

Rob.

Yes RJ,

What G is basically saying is that just because any UT case law is published (dated) after the 28/01/13, does not mean that it is not pertinent to the pre 28/01/13 descriptors/legislation.

Also, not all the descriptors were amended post 28/01/13, so some of them remain the same.

These cases take some time to move through the system, they then have to be published, so a UT Ruling could be as a result of an original appeal many months before.
bro58