T v Secretary of State for Work & Pensions (ESA): [2019] UKUT 59 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Mitchell on 12 February 2019

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 9 April 2019

• Categories: Tribunal procedure and practice
• Sub-categories: Tribunal procedure and practice - fair hearing
• Judges: Mitchell, E
• Decision date: 12 February 2019

Read the full decision in CE/2919/2017

Judicial Summary

The Appellant’s request for a postponement of his hearing was refused by a First-tier Tribunal caseworker under delegate authority. The Tribunal erred in law by deciding the appeal in the Appellant’s absence before expiry of the 14 day period in which he had the right to request a judicial reconsideration of the refusal of his postponement request.

Published 9 April 2019