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Appeal adjournment
Client has requested statement of reasons for failed ESA claim.
At the hearing he requested an adjournment, as he wanted to get medical evidence from his GP. The adjournment was refused, because client said he would have to get an appointment with his GP, when he returned from holiday. The client did not know when this would be. Trbunal decided that delaying the appeal was unnecessary. Mindful of Rule 2 they could deal with the matter justly and fairly by taking his oral evidence, further medical evidence was not required.
I can’t find Rule 2, so I don’t know if we have grounds to take the appeal to the Upper Tribunal.
Rule 2 means Rule 2 of the Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008 - https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/488476/consolidated-sec-rules.pdf
It sounds as though your client has asked for an adjournment and the Judge has refused it because of a view that it was unlikely that whatever your client was proposing to get would advance things sufficiently to justify the delay and expense of an adjournment. That is usually going to be something which the Judge was entitled to decide unless something exceptional was going on which made proceeding unfair or unreasonable.