Ask a Law Question, Get an Answer ASAP!
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.
The rules state you are not entitled to your costs.
Therefore no matter what the decision originally made, the Judge has no discretion whatsoever to award costs.
Therefore you can not sue the Judge because there simply is no power to award costs
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
Can I clarify anything for you about this today please?
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
*not* not now awarding
Yes I understand that - the answer is no.
That is the basis on which I answered the question for you.
Apologies if I was not clear
why is that though - if a dr does not so their job properly you can sue, so why not in this case?
Because the law does not allow it
The whole point of an appeal is if a Judge got it wrong
But you are not entitled to costs
that is totally unfair isn't it?
I agree it is.
But sadly that is the legal position
Is it about entitlement to costs though. I want to sue her for not doing her job properly
You can't sue a Judge
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!
I know and I am sorry but I have a duty to inform you truthfully.
Even though she is not exactly a judge as in a court of law, but a solicitor working as one in a DWp tribunal?
I know - it is not your fault - it is just unbelievable!!
But that is the whole point of an appeal, if a Judge got it wrong
But you can't sue the Judge
Can I clarify anything else?
ok, thanks. No that was my only question thanks. Off to seethe!!!
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/