Tribunal failing to adjourn paper hearing in order to allow the appellant an opportunity to respond to its concerns about his credibility

MR v The Secretary of State for Work and Pension: [2024] UKUT 199 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Stout on 10 July 2024.

Read the full decision in UA-2024-000145-ULCW.

Judicial Summary

The First-tier Tribunal erred in law by failing to adjourn the paper hearing to an oral hearing in order to allow the appellant an opportunity to respond to its concerns about his credibility. In particular, the First-tier Tribunal should have given the appellant an opportunity to respond to assumptions it made about: (a) the distance he would have had to walk in the supermarket car park before he obtained his Blue Badge; and (b), his functioning in the light of the nature of the treatment he was receiving. The First-tier Tribunal also failed to give adequate reasons for its decision to proceed on the papers.

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