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scotlandx, Jimmy T and Whale
Thanks for your valuable advice on the forum. I am preparing my case for the upcoming appeal. I was wondering if you could provide “academic” comment on the following.
I note that an “automatic right of appeal to the Tribunal exists against any order of an Adjudicator made under ss 138-162” which means that an appeal can be lodged because of an error of law or disagreement with any aspect of an Adjudicators decision.
I note the appeal notice should set out the grounds or reasons for disagreement. The general rule (the prima facie principle that judgments that are presumed to be correct) appears that a judgment of an Adjudicator is presumed to be correct.
Therefore the grounds for appeal should clearly set out the errors or issues which the appellant wishes to argue. A grounds for appeal or a combination of grounds for appeal would therefore need to establish that the Adjudicators orders are plainly wrong, harmful, prejudicial or unreasonable if allowed to stand unrevoked or unamended.
In preparing arguments for disallowing admission of evidence of the appellant
I understand that the tribunal can conduct the hearing in the following manners
As an “appeal in the classic sense” where the tribunal is limited to examining errors of law or finding of facts by the Adjudicator (arguments no additional material submitted)
An appeal by way of rehearing based on the evidence provided to the Adjudicator examining whether the adjudicator fell into legal, factual or discretionary error, or
An appeal by way of rehearing based on the evidence provided to the Adjudicator, supplemented by such further evidence as the appellate tribunal admits, where the further evidence includes:
1) evidence in relation to fresh matters that occurred after the decision of the Adjudicator
2) in relation to matters that occurred prior to the decision of the Adjudicator where the evidence satisfies:
Pre trial unavailability even with the exercise of reasonable diligence:
It must be appropriately credible and:
If it was adducted before the Adjudicator an opposite verdict would
have been likely.
I am likely to incur frightening costs in the pursuit of this matter, therefore an attempt at recovering costs will be sought if possible.
What does it mean where the applicants appeal is frivolous, vexatious , misconceived or lacking in substance. Can someone provide some examples that I may use as “academic food” in getting my arguments together
The more I can prepare before engaging the legal folk the more I can save in costs:
All and any comment will read with gratitude.
Kind Regards.