PD v Secretary of State for Work and Pensions (PIP): [2021] UKUT 172 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Poynter on 8 July 2021.
Read the full decision in .
Judicial Summary
Tribunal procedure and practice—Tribunal practice—Withdrawal of appeals—Circumstances in which a direction under rule 17(3)(b) of the Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008 may be given
Tribunal procedure and practice—Tribunal practice—Circumstances in which a judge or tribunal member is excluded from sitting following an adjournment—SW v Secretary of State for Work and Pensions (ESA) [2019] UKUT 415 (AAC), R(U) 3/88, JH v Secretary of State for Work and Pensions and MH [2016] UKUT 158 (AAC), Midland Container Logistics Ltd [2020] UKUT 5 (AAC) and GO and HO v Barnsley Metropolitan Borough Council (SEN) [2015] UKUT 184 (AAC) discussed.
Tribunal procedure and practice—Fair hearing—First-tier Tribunal’s duty to be, and appear, impartial—Proper approach where fraud is a possibility—Undesirability of creating a perception that the First-tier Tribunal is hostile to one of the parties before it.