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The barrister I have paied but he has not submitted a witness statement, infact I haven't signed one and when I brought to his notice that the notice of hearing stated that "u must make sure your appellant bundle arrive at the tribunal 5 days prior to the hearing day" then he said i shouldn't worry that he will make sure he gets it done that the 5 day thing doesn't matter so far it's in before the day of hearing.Obie wrote:If you have representative , then they should be able to see you through the process.
Materiality of the Error comes at the stage of deciding whether or not the decision ought to be set aside.Greenie wrote:They will only be granted permission to appeal if they have identified a material error of law in the judges decision. They can't come up with new reasons why you should be refused.
Materiality means that there is a nexus between the Error and the conclusion, and if the error had not been made, then the outcome would have been different.Tywdall wrote:Thank you brethren for your contributions.
In the first tier tribunal decision, the judge stated that I was in court with my wife, that she has seen my pay slips and letter from employer and also letter from tax office ( independent source) confirming that I earned the same as I have claimed in the original application.
However I had an instinct at the court that the HO representative didn't like me bcos I was out spoken and my heart said to me he was taking my name down on a separate sheet of paper and would like to play stubborn. Moreso my barrister wasn't out spoken and was nearly dumb, anyway after the court case ended both the HO representative and my barrister was chatting and laughing together in the court room. Never told me what they discussed.
Please obie can u explain what u meant by materiality pls? And I can send u an email with the first tier tribunal if u would like to review it pls
Well I do have a chat with presenting officers, the nice one at least. It is perfectly normal. That does not mean I join with them to undermine a client. It helps in many case, especially in getting concession from them.Tywdall wrote:
However I had an instinct at the court that the HO representative didn't like me bcos I was out spoken and my heart said to me he was taking my name down on a separate sheet of paper and would like to play stubborn. Moreso my barrister wasn't out spoken and was nearly dumb, anyway after the court case ended both the HO representative and my barrister was chatting and laughing together in the court room. Never told me what they discussed.
What happens outside the court room doesn't necessarily reflect the appeal . It could just be general chit chat.Tywdall wrote:However I had an instinct at the court that the HO representative didn't like me bcos I was out spoken and my heart said to me he was taking my name down on a separate sheet of paper and would like to play stubborn. Moreso my barrister wasn't out spoken and was nearly dumb, anyway after the court case ended both the HO representative and my barrister was chatting and laughing together in the court room. Never told me what they discussed.