Why there was no oral hearing of this appeal
Why there was no oral hearing of this appeal
The Secretary of State’s representative did not request an oral hearing. LB had requested an oral hearing, as described at paragraph 23 above. However, I consider that the point LB was making is about how his appeal to the First-tier Tribunal should be resolved. Having taken account of LB’s preference, I considered the appeal file. I decided the interests of justice did not require an oral hearing because there was a substantial level of agreement between the parties about errors of law by the FTT. I therefore determined the appeal on the papers. It was proportionate to do so.
There has been a delay in being able to decide this appeal, linked to the question of whether to stay it pending the outcome of the appeals mentioned at paragraph 12 above. I apologise to the parties for that delay and its impact on being able to decide LB’s appeal to the Upper Tribunal.
- Heading
- Section 1
- What this appeal is about
- Factual background
- Permission to appeal
- Legal Framework
- Deciding whether or not to stay LB’s appeal
- The Secretary of State’s position about LB’s appeal
- LB’s position
- Why there was no oral hearing of this appeal
- My decision
- Appeal ground at paragraph 10(b): procedural irregularity during the hearing
- Paragraph 10(a)(iii): referring to the Employment and Support Allowance Regulations 2008 in the Decision Notice and Statement of Reasons
- Conclusions
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