DB v 1) Lancashire & South Cumbria NHS Foundation Trust 2) Secretary of State for Justice: [2026] UKUT 28 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Johnston on 21 January 2026.
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Judicial Summary
The tribunal erred in law (i) by proceeding with the hearing in DB’s absence when he had expressed to the First-tier Tribunal his wish to attend and (ii) by proceeding by video, given that doing so prevented a pre hearing examination thereby excluding him from participating in the hearing which made the hearing procedurally unfair.
Updates to this page
Published 11 March 2026