CC v Secretary of State for Work and Pensions (ESA): [2019] UKUT 14 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Poole on 7 January 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 - evidence, Tribunal procedure and practice - fair hearing
• Judges: Poole, AI
• Decision date: 7 January 2019

Read the full decision in CSE/266/2018

Judicial Summary

The tribunal did not err in law by failing expressly to put its findings about the claimant’s tearfulness at the hearing to her for comment. The case sets out the principles guiding when specific matters need to be put to claimants. Claimants should have an opportunity to be heard, but natural justice does not in general demand that tribunals expressly put for claimant comment matters of demeanour, inference, or observations. However, where a decision turns on a new matter, then natural justice may require the claimant to have been given an opportunity to be heard on that matter.

Published 9 April 2019