Case Law at Tribunal

Thank you both very much for your help. It is much appreciated as is all the information available on benefits and work.

This may be an unnecessary warning, but just in case:

Make sure that you have a copy of the documents in exactly the same format as the ones that you send to the Tribunal and that you take that with you to your hearing.

It can be really infuriating waiting whilst someone says, "Well, it's half way down page 15 in my version ..."

I have no legal experience, but I do have do have some academic and copy-editing knowledge and that sort of discussion takes time and frays tempers.

It can be avoided by making sure that everything is exactly the same, and that you know exactly where all the important bits are to be found. Flag them up on your own copy with those little sticky markers so you can find any important point quickly.

That is a very good point, Carruthers, thank you.

Yes, all "bundles" should be identical.

In the case of a DLA Tribunal, as there are three Tribunal panel members, there should be at least four identical copies, one for each of the panel, and the other for you.

bro58

Gordon wrote:

Hi Jim

Whilst I agree that less is more is a good approach to tribunal submissions, I've seen to many reports where the author made their point in two pages, when a carefully though out paragraph could have achieved the same. In this case my advice was prompted by comments by Judge Boyd, a serving benefit Tribunal judge.

His view is that those making submissions to the tribunal, should not assume that the panel have an understanding of, access to, or even the time, to access the case law that is being referred to, and would always want a full copy attached. He illustrates the point by referring to a case he was hearing, where despite an extensive internet search on his part, he was unable to locate the details of a case referred to for a hearing the next morning.

Perhaps, a reasonable compromise that serves Ambertie's best interest is to suggest that they include a web link to the full adjudication document, of each case that they wish to refer to in their submission.

After all the important thing is is to make these matters as easy for the Tribunal memebers as possible.

Gordon

Gordon

Hi Gordon,

It was not my intention in any way to criticise your advice to include the full decision.

It is six years since I sat on a DLA tribunal and at that time, Tribunals preferred the case file number and a summary of the decision rather than the a full decision many of which can be 25-30 pages long.

Perhaps things have changed since 2006, but as DLA Tribunals now only hear 6 cases in a day or in complex cases often less, we used to hear 8 cases a day. Despite the fact that all DLA panel members are sent case bundles 2-3 weeks before a hearing as most only work part-time, it would prove difficult to for them to read fully through any full Commissioners or Upper Tribunal decisions.

When Decision Makers submit their submission for a Tribunal, I have never seen them quote
Commissioners or Upper Tribunal decisions in full, they always just quote the case number and a summary, at least that was the case where I represented an appellant in July this year,

Again, perhaps things have changed since then ?

I do know that all Tribunal Venues have an up-to-date copy of all Commissioners and UT decisions in either hard copy or online or both.

FWIW.

Jim