remittal
📖 What is remittal? Meaning and definition
When a decision made by a lower tribunal, such as the First-tier Tribunal, is found to have an 'error of law' by a higher tribunal (like the Upper Tribunal), the higher tribunal may 'set aside' the original decision. Instead of making a new decision itself, the higher tribunal might decide to 'remit' the case. This means sending the case back to the First-tier Tribunal for a fresh hearing or to address specific points that were not properly considered before.
This process is often chosen when the original hearing was unfair, or when important evidence was not fully considered, effectively depriving a party of a fair opportunity to present their case. The goal of remittal is to ensure that the case receives a proper and fair hearing, with all relevant evidence being taken into account by the appropriate tribunal.
The decision to remit a case rather than for the Upper Tribunal to remake the decision itself depends on factors such as the nature of the error of law and whether extensive new fact-finding is required. If significant new evidence needs to be heard or facts established, it is generally more appropriate to send the case back to the First-tier Tribunal, which is better equipped for such tasks, in line with the overriding objective of tribunal rules.
📋 Requirements
- An error of law in the original decision by the lower tribunal
- A party was deprived of a fair hearing or an opportunity for their case to be properly considered
- The nature or extent of necessary judicial fact-finding makes it appropriate to send the case back to the First-tier Tribunal
📝 Procedure
- A higher tribunal identifies an error of law in a lower tribunal's decision
- The higher tribunal sets aside the original decision
- The higher tribunal considers whether to remake the decision or remit it
- If remittal is chosen, the case is sent back to the First-tier Tribunal for a new hearing or reconsideration
💡 Examples
- After an appeal, the Upper Tribunal might send a benefits case back to the First-tier Tribunal because the original judge did not properly consider all the medical evidence provided by the claimant.
- A tribunal decision could be remitted if the appellant was not given a fair chance to present their arguments or evidence during the initial hearing.
- If the Upper Tribunal finds that the First-tier Tribunal failed to make crucial factual findings, it might remit the case so those facts can be properly established.
📚 Legal basis
- Tribunal Procedure (Upper Tribunal) Rules 2008
❓ Frequently asked questions
What does 'remittal' mean in a benefits appeal?
In a benefits appeal, remittal means that a higher tribunal, like the Upper Tribunal, has found a legal mistake in the decision of a lower tribunal and has sent the case back for a new hearing or reconsideration of specific points by the lower tribunal.
Why would my benefits appeal case be remitted?
Your case might be remitted if the higher tribunal believes you were not given a fair opportunity to present your evidence, or if the lower tribunal made a legal error that affected the outcome of your case and requires further factual investigation.
Does remittal mean I've won my appeal?
Not necessarily. Remittal means the original decision has been set aside because of a legal error, and your case will be heard again. It gives you another chance to present your case properly, but it doesn't guarantee a specific outcome.
What happens after my case is remitted to the First-tier Tribunal?
After remittal, your case will go back to the First-tier Tribunal. They will usually schedule a new hearing to consider the evidence and arguments again, addressing the issues identified by the Upper Tribunal. You will have another opportunity to present your case.
How long does the remittal process take?
The time taken for a remitted case can vary significantly. It depends on the tribunal's caseload, the complexity of your case, and how quickly a new hearing can be arranged. You should receive updates from the tribunal regarding the next steps.
Should I get legal help if my case is remitted?
While you can represent yourself, a remitted case often involves complex legal points and the need to present evidence effectively. You may wish to consider seeking advice from a qualified solicitor or a welfare rights adviser to help you prepare for the new hearing.