Hi all,
I have recently successfully had a struck out appeal reinstated. It was orginally struck out on the basis that it was a misconcieved appeal. The tribunal chair, following representations from us, has reinstated it.
I have checked the D&A Regs (Regs 46-48) about reinstatement of appeals, but I'm still unsure about one issue. When the appeal is reinstated, does this mean the issue of whether or not it is misconcieved has been determined (ie in the claimants favour if it's reinstated) or do we still have to go to tribunal to determine the misconceived issue. (The actual substantive appeal is unlikely to be listed as we are appealing a test case on this issue to the Court of Appeal, and the Appeals Service have postponed the hearings in the related cases)
The client has now received papers concerning whether or not she wants an oral hearing of the misconcieved application, but the direction on the LQM's decision to reinstate, states that the appeal should be reinstated and postponed with the others awaitng the test case.
The legislation doesn't seem to state what occurs when the appeal is reinstated, and following the Chairs decision, I had thought he misconcived issue was settled and the matter now proceeds to the substantive issues.
Any help would be great
Lee
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