SB v Secretary of State for Work and Pensions (PIP): [2020] UKUT 198 (AAC)

Upper Tribunal Administrative Appeals Chamber decision of Judge Markus, QC on 11 June 2020.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 9 July 2020

• Categories: Tribunal procedure and practice
• Sub-categories: Tribunal procedure and practice - fair hearing, Tribunal procedure and practice - tribunal practice
• Judges: Markus, K
• Decision date: 11 June 2020

Read the full decision in CPIP/2336/2019.

Judicial Summary

“1. The tribunal should have adjourned in order to obtain clarification whether a person appearing for the Appellant was the appointee (as claimed) or to give the Appellant an opportunity to authorise her to represent her. It was unfair to proceed with the hearing in circumstances where the putative appointee/representative was not permitted to participate fully. 2. (Obiter) The tribunal administration did not have power to reject an application for permission to appeal on grounds of lateness or lack of a statement of reasons. The application should have been put before a judge.”

Published 9 July 2020