Pulling my hair out.....Upper Tribunal Decision Set Aside

[pastie321]

I have been involved in a long-running (7 years!!) set of appeals by my ex in trying to extract historic additional child support payments from me.

One of her appeals went to the Upper Tribunal in May last year and her appeal was dismissed.

12 months later....flabbergasted to receive notification from HMCTS of a child support reforms appeal in less than 2 weeks time. No tier or specific purpose of hearing mentioned - generic template letter only.

Called HMCTS this morning and they have informed me that the UT decision was set aside - have received no communication whatsoever since the original UT decision. My understanding is that an application for set aside can be made within a month of the original decision where there is an alleged procedural irregularity in the proceedings.

I have now asked for the hearing in 2 weeks time to be delayed as I have no context for this whatsoever.

Questions this raises:

1. Should the UT have notified me of the application to set aside and could I have challenged this?
2. Should the UT have written to me with their set aside decision?
3. If they had written to me, would I have had the opportunity to challenge this?
4. Once an application to set aside is granted, my understanding is that this effectively 'cancels' their original decision and the matter would then return to the UT for a new hearing and decision?
5. Are there any grounds are open to me to challenge any of this as failing to inform me of these events relating to this case would e.g. constitute a procedural irregularity or not be in the interests of justice?

Any insight that could be provided would be very welcome as I am frustrated and angry beyond belief with this situation.

[pastie321]

Can anyone please provide any assistance on any of the points I’ve raised please?

TIA

[echat11]

Have you got a postponement?

Have you called the Tribunal to find out what's going on?

https://assets.publishing.service.go...ac-faq-eng.pdf

[pastie321]

Have already written to the court and requested a postponement whilst I try and establish events over the past 12 months.
I also phoned HMCTS and the person I spoke to was fairly useless but did say they would raise this with their Contact Centre for any relevant documents to be forwarded on.
I tried calling the Upper Tribunal but the person who answered barely spoke English and said “the system was down” and would call me back…but hasn’t.
Will post an update as soon as I know more.

My main issue currently is what “procedural irregularity” resulted in the UT decision being set aside and whether there is any basis available in CPR for me to challenge this, albeit 12 months later thanks to the UTs ineptitude.