I know this is a bit late for a Friday, but any help on Monday would be appreciated......
Have just seen client. She had an unsuccessful IB PCA appeal on 28/05/09.
She asked for a Statement of Reasons and lodged a request for permission to appeal to the FtT in time in October 2009.
She never heard anything so chased it up in January 2010 and was told it was never received. She was advised to apply again which she did. After applying again, she was told that her file had subsequently been found, but it was never made clear to her whether her original request for permission to appeal had been found.
In any event, her second application was admitted late but permission to appeal has now been refused (due to no arguable error of law) and client can obviously now go to UT.
However, on going through the papers it appears;
1. She had passed numerous PCA's in the past - this was the first one she had failed. She also receives IIB. She was unrepresented at the hearing. The Tribunal asked her if she had her previous PCA reports with her, which she obviously did not as she had never failed them before. They also asked if she had her medical assessment report for IIB with her - again, she had been successful in renewing this so did not have a report.
The Tribunal asked her if she wished to adjourn but she told them she did not know (it was never made clear why they were asking these questions) and the hearing went ahead.
2. She never received a Statement of Reasons, having asked for it - all she was sent was the handwritten Record of Proceedings, which she could not read properly.
So I am thinking of making a late application for set aside (the original decision was now 9 months ago) as well as appeal to UT, in the hope that we wont have to go to UT.
My questions are;
1. Can the FtT extend the time for applying for a Set Aside (I think they can under over-riding objective)?
2. Should the Tribunal have adjourned to get previous PCA's/ IIB medical reports rather than ask the client if she had them? I believe there is caselaw on this but cannot remember where it is.....
3. I presume the lack of provision of a Statement of Reasons is a serious procedural error and would justify a set aside on these grounds alone? Or can a Record of Proceedings count?
4. If we have to go to the UT, is a lack of a SOR a problem? Again, I think there is caselaw on this but it is late and I cannot think any more...
The decision to refuse permission to appeal was made by a District Judge who is normally pretty good, so why didn't he spot the above issues?
Any thoughts/ guidance much appreciated.
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