KM v Secretary of State for Work and Pensions and DM (CSM): [2019] UKUT 48 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Poole on 06 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 - evidence, Tribunal procedure and practice - fair hearing
• Judges: Poole, AI
• Decision date: 6 February 2019

Read the full decision in CSCS/374/2018

Judicial Summary

In this case it was found that there was a breach of natural justice because a party did not receive a fair hearing before the tribunal. Being heard includes being able to put a case by calling and producing relevant evidence, whether written or by oral evidence from witnesses. Because relevant witness evidence for one party was not heard by the tribunal there was a breach of natural justice.

The case also comments on who is entitled to be in a tribunal hearing. The default position is that all interested parties may be in a public hearing. In the absence of a specific direction from the tribunal, it would not be correct to tell an accompanying person that they can only be present throughout a hearing if they are there for moral support, and not if they want to give evidence as a witness.

Published 9 April 2019