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Thread: Upper tribunal

  1. #1

    Upper tribunal

    Just wondering, if after a successful pip claim, it is still possible to go to upper tribunal on a point of law.
    More for the benefit of others.

  2. #2
    Senior Member nukecad's Avatar
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    I'm not sure what you are looking to do here?

    Appeals are made against an 'Error of Law'.

    A Point of Law is a different thing.
    It is usually a reference to a ruling (a point) made in an earlier case.

    If you think someone made an error of law in your favour then why would you challenge it?

    If however you think you won despite an error of law then I don't see just what you could appeal.

    You appeal to get a verdict changed, which is not what you seem to want here.
    You don't want the verdict changed, you want publicity?
    That is not what the court system is there for.

    And remember it's only the tribunal itself that can make an error of law.
    If the DWP say the wrong thing at a tribunal then that is an error in evidence, not an error of law.

    To do what I think you are meaning to do then you would have to find a case where:
    The DWP give a faulty legal argument as evidence.
    The tribunal have accepted the faulty evidence and ruled against the claimant.
    That would then make it an error of law that could be appealed.
    Last edited by nukecad; 10-28-2016 at 04:13 PM.
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  3. #3
    Hi
    An appeal on a point of law will arise after a Court has made a finding on a case, but it has got the law wrong in arriving at that finding.

  4. #4
    Apologies should have explained better, if a pip claim was won at a tribunal but one of the descriptors was not successful due to an error (It wouldnt make any difference to the successful claimant who already has more than enough points) could that point be challenged for the benefit of others.
    Ie successfully gets 13pts daily living after tribunal but lost say 2pts on one descriptor, which would have made 15 pts.

  5. #5
    Senior Member nukecad's Avatar
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    There are no grounds for appeal there; because that is an error in the evidence and not an error of law.

    If the tribunal had accepted it and it meant the ruling went against you (or gave a lesser outcome) then it could be the basis of an appeal.

    It only becomes an appealable error of law if it is BOTH a wrong interpretation of the descriptor, or not the current drscriptor AND the tribunal wrongly bases it's final decision upon it.

    If it makes no difference to the outcome then although it is a error it is not appealable.
    (Why waste time and money hearing an appeal that is not going to change the decision?)
    Last edited by nukecad; 10-28-2016 at 09:01 PM.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  6. #6
    I thought if it could be done it would become a case law and so help others.

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