I know under this scenario the new tribunal have copies before them of the record of proceedings from the previous tribunal set aside, but do they also have copies of the Statement of reasons and the reps submission requesting leave to appeal to commissioners too?

can anyone shed some light on this please.

Andy

Hi Andy

The short answer is yes. It is usual to include the leave to appeal application to a tribunal chair, a copy of the leave granted/refused decision, the OSSC1, the renewal application to the commissioner unless the OSSC1 just says "leave to appeal application to tribunal chair enclosed" in which case this will be copied in a second time. Henceforth all further submissions by both parties to the appeal and any directions from the commissioner will also be copied in.

Regards
Paul

Thanks a lot Paul for the response,

The only problem is i think i framed my question really badly though, what i really had in mind was the following scenario:

tribunal makes a decision, SOR and ROP requested, then appeal for leave to a commissioner application is submitted to tribunals service, because tribunal decision based on SOR is so obviously embarrassingly "erroneous in law" (crap) they set the decision aside straightaway, before even the allowing/refusing leave to appeal to a commissioner,OSSC1's etc etc even come into the equation. Then newly constituted tribunal comes into the equation and hears case afresh i know they have copy of ROP before them but in this scenario do they have the SOR and the reps sub before them too.

The reason i ask is because the majority of tribunal decisions we challenge and send a full on submission asking for leave to etc etc etc, get set aside, without any of the processes as you have described in which all the parties involved can see clearly what's gone on through out the process.

So when the hearing happens we've been asked on occasion under what section i.e. section 13 or 28 etc was the original hearing set aside, hence my confusion because i assumed the new tribunal under the scenario i've tried to describe as coherently (er not very) as my brain will allow me to would have the latter paperwork.

its a question i've been meaning to ask for ages, but my brain has gone to mush, hope this all makes sense?

yours ever so gratefully in anticipation andy

All the paperwork in the first case should be before the new tribunal and copied to the parties, including the SOR and sub.

Hi Paul,

thanks for putting my feverish mind at rest, because that's what i'd assumed, but then i began to doubt it after one recent outing, when the chair asked me a few questions etc etc, but on reflection (i'm having a lucid episode) i think now he was being sure in his own mind by reflecting back to me, but i got confused by the halting tone of his vocal delivery.

see ya andy

Yes. And any directions, so they don't do it again! Otherwise they don't know where the previous tribunal went wrong.