Digest of Procedural decisions
A digest of procedural decisions of all Chambers of the Upper Tribunal which will be of common interest to the Upper Tribunal, the First-tier Tribunal and to parties and their representatives.
20 September 2012
Keyword: consent order
20 September 2012
- MK v Secretary of State for Work and Pensions [2012] UKUT 293 (AAC) CE/2446/2011 – the decision of the First-tier Tribunal in a social security case was set aside when it appeared that the tribunal had failed to preserve the digital record of the proceedings as required by the Senior President’s Practice Statement on Record of proceedings in Social Security and Child Support Cases in the Social Entitlement Chamber on or after 3 November 2008.
Keywords: preserving record of proceedings
20 September 2012
- JS v Secretary of State for Work and Pensions [2013] UKUT 100 CDLA/0635/2012 – a three judge panel of the Upper Tribunal considered the meaning of section 9(4)(b) of the Tribunals, Courts and Enforcement Act 2007 which permits a First-tier Tribunal which has reviewed a decision under section 9(1) to amend the reasons given for the decision;
Keywords: amending reasons for decision on review
20 September 2012
- Dorset Healthcare NHS Foundation Trust v M H [2009] UKUT 4 (AAC), (Three Judge Panel). at paragraph 13: "an express obligation upon the parties to assist in the furtherance of the objective of dealing with cases fairly and justly, which includes the avoidance of unnecessary applications and unnecessary delay. That requires parties to cooperate and liaise with each other concerning procedural matters, with a view to agreeing a procedural course promptly where they are able to do so, before making any application to the tribunal. This is particularly to be expected where parties have legal representation. Parties should endeavour to agree disclosure issues without the need for the tribunal to make a ruling. However, even where a direction from the tribunal may be required …..it will assist the tribunal to further the overriding objective if the parties can identify any directions they are able to agree, subject to the approval of the tribunal. Where they are unable to agree every aspect, this liaison will at least have the advantage of crystallising their positions, and more clearly identifying the issue(s) upon which the tribunal will have to rule".
Keywords: Meaning of the Overriding Objective
20 September 2012
- Smith v HMRC [2011] UKUT 270 (TCC) Mr Justice Arnold reviewed a number of authorities following on from the well-known case of Edwards v Bairstow [1956] AC 14 in which appellate courts have been asked to overturn first-instance decisions on the basis that the lower court’s findings of fact could not reasonably be supported. In so doing, Arnold J quoted from Lord Justice Evans’ speech in Georgiou v Customs and Excise Commissioners [1996] STC 463:
"It follows, in my judgement, that for a question of law to arise in the circumstances, the appellant must first identify the finding challenged; secondly, show that it is significant in relation to the conclusion; thirdly, identify the evidence, if any, which was relevant to that finding; and fourthly, show that that finding, on the basis of that evidence, was one which the tribunal was not entitled to make. What is not permitted, in my view, is a roving selection of the evidence coupled with a general assertion that the tribunals’ conclusion was against the weight of the evidence and was therefore wrong".
Keywords: permission to appeal
20 September 2012
Keyword: evidence
27 September 2011
- Secretary of State for Defence v LA [2011] UKUT 391 (AAC) CAF/2011/2011 There is no presumption that a party has correctly identified all relevant documents on disclosure. There is no need for a presumption, as the rules of procedure provide sufficient powers to deal with any issues that may arise concerning excessive demands for disclosure. Any presumption would be inconsistent with those rules.
Keyword: disclosure
13 September 2011
Keyword: vexatious litigants
22 December 2010
Keyword: jurisdiction
