Quoting case law in an appeal

Hi all,

I saw something bro58 posted in another thread, but I didn't want to hijack the thread so I made my own.

bro58 wrote: Remember, as you are a lay person representing yourself, the Tribunal's expectations of your presentation/evidence will be much lower than they would be for a trained Rep or WRO/WRA.

I have a date for my DLA appeal in just over a week. Despite informing the TS that I had secured representation on 26th July (and they sent me a copy of my letter with their stamp to acknowledge receipt on the 29th), they unfortunately failed to update their system with my representatives' details, nor did they send the appeals bundle to them, etc.

With only a few days to go, this has meant that the WRO don't have time to prepare the case as fully as they should've done. I've had to do a lot of research myself into case law etc. Now, as bro58 wrote, the TS will have lower expectations from the appellant than a WRO. If I started quoting various commissioners' decisions (as opposed to a WRO doing that), would it be frowned upon that I may "know the system too well" and might be trying to "game the system" by saying things a layperson wouldn't ordinarily know?

Should I keep quiet about case law examples and hope the TS are familiar with them? I don't really know.

I know the prime focus should be on how my disabilities affect me and my care/mobility needs, but I also thought the case law would be useful "guidance" for the tribunal. But I don't want to mention it and then have it used against me!

Maybe Jim could give some advice, please?

Thanks

Jonathan wrote: Hi all,

I saw something bro58 posted in another thread, but I didn't want to hijack the thread so I made my own.

="bro58" post=111716]Remember, as you are a lay person representing yourself, the Tribunal's expectations of your presentation/evidence will be much lower than they would be for a trained Rep or WRO/WRA.

I have a date for my DLA appeal in just over a week. Despite informing the TS that I had secured representation on 26th July (and they sent me a copy of my letter with their stamp to acknowledge receipt on the 29th), they unfortunately failed to update their system with my representatives' details, nor did they send the appeals bundle to them, etc.

With only a few days to go, this has meant that the WRO don't have time to prepare the case as fully as they should've done. I've had to do a lot of research myself into case law etc. Now, as bro58 wrote, the TS will have lower expectations from the appellant than a WRO. If I started quoting various commissioners' decisions (as opposed to a WRO doing that), would it be frowned upon that I may "know the system too well" and might be trying to "game the system" by saying things a layperson wouldn't ordinarily know?

Should I keep quiet about case law examples and hope the TS are familiar with them? I don't really know.

I know the prime focus should be on how my disabilities affect me and my care/mobility needs, but I also thought the case law would be useful "guidance" for the tribunal. But I don't want to mention it and then have it used against me!

Maybe Jim could give some advice, please?

Thanks

Hi J,

"Remember, as you are a lay person representing yourself, the Tribunal's expectations of your presentation/evidence will be much lower than they would be for a trained Rep or WRO/WRA."

This does not mean that you cannot present your appeal to the best of your ability, it will not be frowned upon.

There are many, many sources where appellants can gain help and information on how to present an appeal. (such as B&W)

Anything that makes the Tribunal panel's deliberations easier should be appreciated by them, not frowned upon.

bro58

Hi Jonthan

Just read you post. I have a DLA appeal coming up soon and I have done what you have I have read everything!! case laws / acts / reviews etc etc and am quite well read on this subject.
I have lots of references included in my submission to help me to prove my case and I think it helps to remind the panel of their responsibilities in a good way and case law is law. Belt and braces !
Anyway good luck nothing ventured nothing gained have a good focus on the evidence to prove your award.

Mel b

Should I keep quiet about case law examples and hope the TS are familiar with them? I don't really know.

I know the prime focus should be on how my disabilities affect me and my care/mobility needs, but I also thought the case law would be useful "guidance" for the tribunal. But I don't want to mention it and then have it used against me!

Maybe Jim could give some advice, please?

Thanks

It is OK to submit case law references to a Tribunal, but it's sufficient to quote the Commissioners Decision, or Upper Tribunal Decision by case reference number with a brief extract from the case law and how you feel it's relevant to your appeal in terms of mobility and/or care needs.

Don't attempt to submit a decision in full as they tend to be numerous pages long, and the Tribunal Judge wouldn't have time to read them in your allocated time slot which is usually 40 minutes, although they do overrun quite often.

The Tribunal Judge should be familiar with any case law you cite. If not, then all tribunal venues have case law in their hard copy library volumes, or for more recent case law they can access it online.

See also in the Spotlights area of the forum GOOD PRACTICE GUIDANCE FOR THOSE WHO APPEAR BEFORE APPEAL TRIBUNALS

Although it was written by me mainly to help Representatives, you should find some useful information there.

Hope this helps.

Good luck

Jim