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Forum Home  →  Discussion  →  Decision making and appeals  →  Thread

Decision made on the paper - after oral hearing requested

kat v
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WRAMAS - Bristol

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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.

Elliot Kent
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Shelter

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kat v - 16 September 2024 04:02 PM

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).

https://assets.publishing.service.gov.uk/media/663ca0a474933dccbbb6c486/consolidated_FTT_SEC_Rules.pdf

kat v
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WRAMAS - Bristol

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Brilliant! Thank you so much for the quick response.