Error In Law

Hello,

The Tribunal asked my GPs for a report. They told me by letter they were doing so and I replied to ask for a copy of what my GPs wrote.

I never received a copy; is that an error in law?

Thanks

Bill

Hi Bill,

No that would be a clerical error, which can easily be resolved by asking whoever promised to send you a copy of your GP's letter to do so again.

If you've already had your tribunal, a copy should have been in your case bundle.

The fact that you didn't receive a copy letter wouldn't have any bearing on the tribunal's decision. If you've already had your appeal, you should have brought it to the attention of the Tribunal Judge.

Jim

Hi Jim,

Thanks for that; so its my GP's responsibility to send me a copy, not the Tribunal whom I had asked for a copy? Have I understood correctly?

There was no copy in my case bundle either.

Bill

Hi Bill,

The Tribunals Service should have included all paperwork in your case bundle.

Contact them for a copy. However, if you've already had your tribunal, as I said it wouldn't have effected the Tribunal's decision, but you're still entitled to a copy.

Jim

Hello Jim,

Thanks for that mate I appreciate it. You have put me right as I thought it was an error in law that I didnt get to see everything before the Tribuinal date.

Cheers

Bill

Hello Bill,

The tests for an 'error of law' by a Tribunal are in an old, but still relevant Commissioners Decision ( now called the Upper Tribunal)


Test for error of law

R(A)1/72 states that there is an error of law if:

1. The decision contains a false statement about the law e.g. they got the law wrong or misinterpreted it.

2. The decision made is supported by no evidence

3. The facts found are such that no person acting judicially and properly instructed as to the relevant law could have come to the determination in question (a perverse decision).

4. There has been a breach of natural justice, i.e. the procedure followed leads to unfairness.

5. The tribunal did not give proper findings of fact or provide adequate reasons for its decision. There must be sufficient reasons so that you can see why it reached the decision it did.

“The minimum requirement must at least be that the claimant, looking at the decision, should be able to discern on the face of it why the evidence has failed to satisfy the authority”

Hope this explains things.

Jim