Q:
Removing references to evidence in the working document
Hello, we have our Tribunal hearing in a few weeks for our appeal of Section B and F and an extended appeal for Section C and G. We have managed to agree a large amount of the working document with the LA and they have asked me to now remove the references to professional reports against each statement that has been agreed.
I'm not keen to do this in case they change their mind about what has been agreed and adjust the working document before the hearing and my references then wont be included.
Is it standard practice to remove references from the working document before a hearing on agreed statements?
Thanks, Verity
A: SenseCheck
- 1 Yes
- 0 No
- 0 Other
- 13 Mar 2025
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Yes
Simple
Yes, it is standard practice to remove references and other additional text from the body of the working document—or it certainly should be—as failing to do so does not comply with the key which must be used when amending the document. Additionally, I have observed that Local Authorities (LAs) often provide lengthy explanations for suggested amendments, which can make the document unnecessarily complicated. I frequently remove such superfluous commentary, and although they can become slightly displeased, this approach is correct in my view.
Having said this, one acceptable alternative approach - in my opinion - is to remove any additional text in the body of the document (including references) and replace it with a footnote number. The footnote itself should simply reference the page or pages in the hearing bundle that informed the amendment.
I hope this is helpful, and I acknowledge that others may have different views they wish to share.
Sean Kennedy
Talem Law
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2 Comments