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[2005] UKSSCSC CA_4297_2004 (22 August 2005)
CA/4297/2004
Decision
Background and Procedure
"Ask if he could please add a paragraph explaining why [attendance allowance] has not been allowed and renewed i.e. (if possible) why it was granted last time and not this".
Legal Provisions – The Full Statement
53(4) A party to the proceedings may apply in writing to the clerk to the tribunal for a statement of the reasons for the tribunal's decision … and following that application the chairman … shall record a statement of the reasons and a copy of that a statement shall be given to every party to the proceedings as soon as may be practicable.
58(1) An application for leave to appeal to a Commissioner from a decision of an appeal tribunal shall-
(a) be sent to the clerk to the appeal tribunal within the period of one month of the date of the applicant being sent a written statement of the reasons for the decision against which leave to appeal is being sought; and
(b) have annexed to it a copy of that written statement of the reasons for the decision.
Legal Provisions – The District Chairman
13(2) If the person considers that the decision is erroneous in point of law he may set aside the decision and refer the case either for redetermination by the tribunal or for determination by a differently constituted tribunal.
58(6) Where an application for leave to appeal against a decision of an appeal tribunal is made –
(a) if the person who … was the chairman of the appeal tribunal when the decision was given was a fee-paid legally qualified panel member, the application may be determined by a salaried legally qualified panel member; or
(b) if it is impractical or would be likely to cause undue delay for the application to be determined by whoever … was the chairman of the appeal tribunal when the decision was given, the application may be determined by another legally qualified panel member.
Conclusions on the Above Provisions
The Barke Case
"We are not greatly attracted by the suggestion that a judge who has given inadequate reasons should be invited to have a second bite at the cherry. But we are much less attracted at the prospect of expensive appellate proceedings on the ground of lack of reasons … an appeal followed by a rehearing will involve a hideous waste of costs".
H. Levenson
Commissioner
22nd August 2005