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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I have just won my appeal against a DWP decision. It went all

Resolved Question:

I have just won my appeal against a DWP decision. It went all the way to Upper Tribunal and the Judge at the UT overturned the decision made by the judge at the First Tier Tribunal. He said she erred in law and did not give full consideration to all the facts in the case. The first tier tribunal record shows she spent only 20 minutes deliberating her decision. I had to use legal counsel in my appeal to the Upper Tribunal but , despite winning, am unable to claim the cost back as you are meant to be able to do it without legal representation ( which is a joke!). I ma wondering if it is possible to sue the jude from the first tier tribunal as she evidently did not do her job properly.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Sadly no.

Alex Watts :

The rules state you are not entitled to your costs.

Alex Watts :

Therefore no matter what the decision originally made, the Judge has no discretion whatsoever to award costs.

Alex Watts :

Therefore you can not sue the Judge because there simply is no power to award costs

Alex Watts :

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

I don't want to sue the upper tribunal judge for now awarding costs. I want to know if it is possible to sue the first tier tribunal judge for not doing her job properly. The UT judge has overturned her decision and said she erred in law

Customer:

*not* not now awarding

Alex Watts :

Yes I understand that - the answer is no.

Alex Watts :

That is the basis on which I answered the question for you.

Alex Watts :

Apologies if I was not clear

Customer:

why is that though - if a dr does not so their job properly you can sue, so why not in this case?

Alex Watts :

Because the law does not allow it

Alex Watts :

The whole point of an appeal is if a Judge got it wrong

Alex Watts :

But you are not entitled to costs

Customer:

that is totally unfair isn't it?

Alex Watts :

I agree it is.

Alex Watts :

But sadly that is the legal position

Customer:

Is it about entitlement to costs though. I want to sue her for not doing her job properly

Alex Watts :

You can't

Alex Watts :

You can't sue a Judge

Customer:

god, that is so unfair!! So she can get away with doing a bad job! I despair. There is absolutely no WAY you could go thru this process without legal representation - not if it is going to be a 'fair fight' anyway. But they make no provision for it, or claiming costs if you win. And then you can;t even sue the person who created the problem by not doing her job properly!

Alex Watts :

I know and I am sorry but I have a duty to inform you truthfully.

Customer:

Even though she is not exactly a judge as in a court of law, but a solicitor working as one in a DWp tribunal?

Customer:

I know - it is not your fault - it is just unbelievable!!

Alex Watts :

But that is the whole point of an appeal, if a Judge got it wrong

Alex Watts :

But you can't sue the Judge

Alex Watts :

Can I clarify anything else?

Customer:

ok, thanks. No that was my only question thanks. Off to seethe!!!

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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