My client lost an o/p case now at Commissioners meanwhile DWP prosecute for fraud. Client is pleading not guilty so Commissioner has stayed proceedings till after court case, but has indicated not minded to allow appeal.

IF client wins court case it would not be perverse for him to be not guilty but civilly liable for overpayment due to reasonable doubt / balance of probablities stuff. So IF commissioner's case dismissed BUT he wins court case my question is (I'll get to it in the end) can I request a supersession of original o/p decision on grounds of new evidence (ie evidence used at trial) and effectively get another appeal that way if they refuse to supersede / supersede but not change?