DP v Secretary of State for Work and Pensions (ESA) [2019] UKUT 258 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Markus QC on 20 August 2019.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 2 October 2019

• Categories: Tribunal procedure and practice
• Sub-categories: Tribunal procedure and practice - set aside applications
• Judges: Markus, K
• Decision date: 20 August 2019

Read the full decision in CE/40/2019

Judicial Summary

The judge refused to set aside a decision of the F-tT dismissing the appellant’s appeal because he had mistakenly believed that the appellant had ignored a direction to provide a document in support of the set aside application. The Upper Tribunal set aside that refusal and remade the decision, setting aside the F-tT’s decision on the appeal and directing that it be remade.

Published 2 October 2019