LM v Secretary of State for Work and Pensions (ESA): [2020] UKUT 41 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Markus, QC on 4 February 2020 .

From:
HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
Published
11 March 2020
Categories:
Tribunal procedure and practice
Sub-categories:
Tribunal procedure and practice - fair hearing, Tribunal procedure and practice - tribunal practice
Judges:
Markus, K
Decision date:
4 February 2020

Read the full decision in CE/1901/2019

Judicial Summary

  1. First-tier Tribunal wrongly decided to determine the appeal without a hearing, where the Appellant had requested one, in breach of rule 27(1)(a) of the Tribunal Procedure (First-tier Tribunal)(Social Entitlement Chamber) Rules 2008.

  2. The First-tier Tribunal abridged the time to apply for set aside without having regard to the circumstances of the case and did not give reasons.

  3. Observations on the duty to hold an oral hearing.

Published 11 March 2020