Hi People,

I have a client who died a few months ago and who was awaiting the outcome of an appeal tribunal.

I have not been in this situation before - so I contacted the clerk of the tribunal who advised not to withdraw the appeal as the judge may decide in the cleints favour and this often happens.

The clients mother lives in Bosnia and is elderly. I have the following questions.

1. Can the mother ask for the case to be heard if so would i need a letter from her stating she was in charge of her sons affairs? The mother could not come to the UK.

2. If she won the appeal would the money be paid directly to her?

3. If there were debts left by the client would the sum of money just go into the estate - he died intestate.

Anymore general advice would be welcome.

Thanks
Stuart

Although the appeal can carry on, does it have a realistic chance of being sucessful without the testimony of the client?

"have a client who died a few months ago and who was awaiting the outcome of an appeal tribunal."

do you mean, it's been heard and you awaited the result, or, that you were waiting a date for hearing? i think from the rest of the post, the latter...


"1. Can the mother ask for the case to be heard "

it'll have to be on the papers, presumably, unless you have other oral evidence?

"2. If she won the appeal would the money be paid directly to her?"

it would go into the deceased's estate

"3. If there were debts left by the client would the sum of money just go into the estate - he died intestate."

it would go into the deceased's estate, and thus be available to pay any debts; the balance only after them woudl be available for distribution... you need input from a probate person, possibly ariadne might see this?

Finally - if your former client has died, you do not currently have a client, unless the personal representative adopts the appeal and instructs you.

Dear Claire,

Thanks for that. When the chap died I wrote to the Tribunal saying that he had died and we wanted to contact the mum in Bosnia to see what she wanted to be done. This has been all very difficult as it took several months to get the body back to Bosnia due to the lack of money. So the judge said that he would give more time and postponed the tribunal.

He was previously getting mid care and low mobility but went to bosnia on an urgent basis as he had been in a concentration camp there and there was a limit on submitting a compensation case. He stayed over a month due to been hospitalised on arrival. DLA found out his claim was stopped on return to uk. So I think there might be a case.

take the point about not been my client anymore! thanks for the advice. Cheers. Stuart

When a person dies a tribunal cannot just proceed in the absence of the appellant. The first requirement is to have someone appointed to proceed with the appeal. This has to be done by the secretary of State. If you attend a tribunal and there is no such appointment then the tribunal may adjourn in order to give time for an appointment otherwise the appeal will lapse.

The first step must therefore be to have someone apply for appointeeship so that the appeal can continue.

See regulation 30 of the claims and payments regulations, and regulation 34 of the Decision and appeal regulations.