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Forum Home  →  Discussion  →  Decision making and appeals  →  Thread

UT1 sign at part G

Eastbourne
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Citizens Advice/Eastbourne

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Joined: 2 November 2015

On the UT1 form https://www.gov.uk/government/publications/form-ut1-application-for-permission-to-appeal-to-an-upper-tribunal-judge-and-notice-of-appeal-for-social-security-child-support-tax-credits-housin (to directly ask the UT for permission to appeal) at part G there is a section for my client to sign and for a solicitor to sign.

I am not a solicitor.
Do I sign it or leave it blank?

[ Edited: 18 Oct 2022 at 03:57 pm by Eastbourne ]
Elliot Kent
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Shelter

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You need to have your client sign it.

Va1der
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Welfare Rights Officer with SWAMP Glasgow

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Don’t sign the solicitor box unless you’re a solicitor.

As for the client’s signature. I’ve never been quite clear on signature law in the UK. If you were to pp sign it and attach a signed mandate I don’t see an immediate issue with that (at least not if the mandate is specific to UT, or to (relevant benefit) appeals)?

past caring
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Welfare Rights Adviser - Southwark Law Centre, Peckham

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If you have your client’s recent-ish signed authority to act, just attach that and sign yourself (not the solicitor box).

If the authority is a bit dated there may be some questions from the UT after the appeal is submitted (less likely if you’ve been given permission by the FtT).

Even if the authority is a bit dated, if you’re up against a deadline, submit the UT1 and the UT will later validate the appeal if it has doubts (i.e. it will check with the appellant that you are authorised to act)

Martin Williams
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Welfare rights advisor - CPAG, London

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What I often do in those circumstances is simply include an authorisation and write something like:

“Please note that my client has not signed the UT1 form. I have not signed the form as I am not a solicitor. However, I do enclose my client’s authorisation and I can confirm that I have express instructions from them to make this application. I note that the Tribunal Procedure (Upper Tribunal) Rules 2008 do not require a signature for an appeal of application for permission to be validly made (rules 21 and 24). Accordingly, I believe the application is validly made. If that is not the case I ask for any procedural requirement to be waived or for directions to be given to correct any procedural defect (as per rule 7). Given that very often we now deal with our clients remotely and are home based without easy access to posted documents and given the short time limit then proceeding in this way makes things easier for us.”

Never seen a problem with this.

I think there was once a case where things went pear shaped at the Commissioners and it turned out the adviser had no instructions to bring the case (eek). That’s why they like claimant to sign the thing but being really clear that you are instructed as above seems to work fine.

Martin