[2024] UKUT 339 (AAC)

The claimant’s application to the Upper Tribunal for permission to appeal was received by the Upper Tribunal on 22 May 2024, one month and nine days late. I admitted it late. The representative explained (in the second version of the Reasons for Delay page of the UT1 form) that the First-tier Tribunal did not send the decision notice to the representative despite the representative having requested the set-aside. The representative said the claimant then made the decision notice available to the representative who then lost it for a time. Whether or not the representative had submitted the necessary form to go on the record with the First-tier Tribunal, I accepted that the claimant was the one to supply the First-tier Tribunal’s refusal of permission to the representative and that the representative then lost it for a time. I was satisfied that the one month and nine days’ delay would not prejudice the respondent, and I did not hold against the claimant her representative’s delay. It was for those reasons that I admitted the application late.