Request to appeal an FTT decision

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    Request to appeal an FTT decision

    Hello there

    I hope someone can help with answers to the following questions:

    1) Where one has legal grounds to appeal an FTT decision, is there a specific form or do you just write to the court providing grounds and requesting leave to appeal within the time limit?
    2) Is there a fee to pay?
    3) Do you have to be legally represented in an Upper Tribunal?

    On a different topic, I noticed I am now recorded in LLZ as a senior member. What are the criteria to become a senior member? Just interested.

    Thank you in anticipation of your responses.

    #2
    You need permission from the FTT in order to appeal against a decision and you should contact the FTT stating your grounds for appeal. The FTT will then either consent to or deny the appeal. There would be a fee payable to the Upper Tribunal, details of which would be sent to you if the appeal is allowed. You are not strictly required to have legal representation but the other side will almost certainly be represented by Counsel and normally it would be better to be represented.

    Comment


      #3
      The article in the link below describes how you can appeal FTT decisions, including a link to a form that can be used.
      http://www.flat-living.co.uk/advice/...-an-ftt-appeal


      'Senior Member' on forums like this (or similar 'titles') are usually based on nothing more than the number of posts that a member has made (but may also be linked to length of membership on some forums).

      Comment


        #4
        Dear all

        Thank you.

        Comment


          #5
          Clerical errors can be corrected by the FTT, so it is worth reading carefully the decision and checking that the figures have been adjusted correctly. Sometimes it will fail to amend a figure or calculate the adjustment incorrectly. In these cases, a simple request to the Tribunal will result in an amended decision being issued.

          Legal grounds for raising an appeal are more unusual now that a Judge usually chairs the hearing and the decision is checked centrally before it is issued, that is why it takes approximately 6 weeks for it to be issued. If there is an interesting point of law, the Tribunal will allow an appeal but it will refuse an appeal if it considers that there is no likely chance of success.

          Comment


            #6
            The Tribunal lists the legislation which it has considered when making its decision, so an appeal on legal grounds would need to be based on (1) an incorrect interpretation of the legislation which is unlikely if a Judge or legal expert was on the panel (2) other legislation which it has not considered or (3) specific case law which was not brought to its attention.

            Comment


              #7
              Thank you all for further helpful input.

              Comment

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