KD v Secretary for Work and Pensions (ESA and IS) KD v Her Majesty's Revenue and Customs (TC): [2020] UKUT 9 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Ward on 6 January 2020.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 5 February 2020

• Categories: Tribunal procedure and practice
• Sub-categories: Tribunal procedure and practice - fair hearing, Tribunal procedure and practice - set aside applications and Tribunal procedure and practice - tribunal practice
• Judges: Ward, C
• Decision date: 6 January 2020

Read the full decision in CTC/9/2019, CE/10,11,12 & 13/2019, CIS/14 & 15 2019.

Judicial Summary

PS v Secretary of State for Work and Pensions (ESA) [2017] UKUT 55 (AAC) holds that the First-tier Tribunal is not required, as a matter of law, to telephone an absent claimant before deciding to go ahead, but rather that rules 2 and 31 should be applied. The present case considers the application of PS and those rules to a case involving 7 linked appeals, listed for a whole day, attended by two presenting officers and with large amounts of money at stake and concludes that the FtT was obliged to telephone the claimant in the circumstances of the case.

Published 5 February 2020