MK v Secretary of State for Work and Pensions (ESA): [2018] UKUT 33 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Wikeley on 29 January 2018.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 8 February 2018

• Categories: Tribunal procedure and practice
• Sub-categories: Tribunal procedure and practice - fair hearing, Tribunal procedure and practice - set aside applications
• Judges: Wikeley, N
• Decision date: 29 January 2018

Read the full decision in CE/3273/2017.

Judicial Summary

Tribunal proceeded in absence of Appellant - Appellant had written to Tribunal a week before hearing saying she was unwell and asking for the hearing to proceed in her absence - Letter not put before Tribunal in time - Whether unfairness - Whether robust approach to proceeding in absence needs greater preparedness to set aside where appropriate.

Published 8 February 2018