Forum Home → Discussion → Decision making and appeals → Thread
Decision made on the paper - after oral hearing requested
I took on a client after he’d received the bundle back in March. He’d put on his SSCS1 that he didn’t want to attend a hearing but changed his mind once we’d discussed the appeal. I sent an email to HMCTS in March - along with a letter appointing me as rep - advising that he had changed his mind and now wanted a hearing rather than a decision on the papers.
Today I received a decision made on the papers - the appeal is unsuccessful.
Do I now have to go the long route of statement of reasons, find an error of law, UT1, etc etc - or is there a way to get a quick set aside on the basis that they made a determination on the papers when the appellant and their representative had requested a hearing?
Thanks for any guidance or thoughts you can offer.
or is there a way to get a quick set aside on the basis that they made a determination on the papers when the appellant and their representative had requested a hearing?
Yes, you can request exactly that!
A final decision can only be made without a hearing where all parties consent (see rule 27) and as your client did not consent, there is a procedural irregularity which justifies setting the decision aside (see rule 37).
Brilliant! Thank you so much for the quick response.