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Reconvened tribunal & procedings of adjourned one

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5 years 8 months ago #216004 by 25megroup
When a hearing is reconvened following an adjournment, is there an obligation to take into account the record of procedings of the adjourned hearing? In this case, the first hearing was adjourned for medical records after about 15 minutes of constructive Q & A and presentation of the case. The case was reconvened before a different tribunal which took no account of the verbal evidence and discussion in the course of the previous tribunal - in fact it would appear that they were unaware of this. (I note that records of proceedings are now provided in audio format and wonder if this makes this scenario more likely as it takes longer to consult the record than scanning through a written document would.) Be grateful for clarification, thanks.

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5 years 8 months ago #216013 by Gordon
25%

The new panel would have started from scratch otherwise their Decision could have been compromised by opinion from the previous panel that you would have been unable to challenge at the hearing.

Gordon

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5 years 8 months ago #216028 by 25megroup
Thanks. In this particular case the previous panel expressed only the opinion that medical records should be requested. Which was not in dispute. Other than that it was Q & A and presentation of the case. More in hope than expectation - might a case be made that it is not unreasonable to expect the reconvened hearing to be cognisant of the input of appellant and representative at the original hearing? After all this would be an efficient way to proceed.

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5 years 8 months ago #216035 by Gordon
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I don't think you have taken on board what I said in my post, this is not about convenience but rendering a lawful Decision, if the panels had discussed your case any Decision rendered by the second panel would be inherently unsound.

Gordon

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5 years 8 months ago #216053 by 25megroup
Thank you Gordon.
Does this imply that awareness of a tribunal panel’s line of thinking is important in the interests of justice, so that the appellant / their representative can challenge, clarify etc?
In the case in question we have a statement of reasons which reflects assumptions and lines of thinking that were not clear on the day. Had they been articulated then it may have been possible to challenge / rebut.

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5 years 8 months ago #216065 by Gordon
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I'm not entirely sure what you are asking but if it is in regard to what happened at the first hearing then this is not relevant to the Decision that the second panel made.

If this is not what you were asking about then can you explain further?

Gordon

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