I am looking for some guidance regarding appeal evidence in an incapacity case. My client originally went to appeal on the 11/09/2007 and was turned down, scoring 9 pts on the mental health descriptors. We appealed decision and it was set aside by district chair on several grounds.

The issue is that some paperwork taken by my client to the original hearing, but not offered as evidence when asked by the clerk, was subsequently photocopied and used in the hearing. These documents were in a folder that contained another document that the clerk specifically asked for. The clerk took it upon himself to photocopy the lot! We have objected to this, but the new schedule of evidence now includes all of this paperwork even though it is not relevant.

Do i have grounds to ask chairman to disregard these documents on the grounds that my client never put these forward as evidence.

The hearing is on friday 2nd May so i would appreciate any speedy replies.

Thanks
Dominic