I am looking for a Commissioner's decision that (as far as I can remember) set aside a tribunal decision on the basis that it should have adjourned to allow the appellant an opportunity to consider and comment on some other Commissioner's decision - which had recently been issued and which might have relevance for that appellant's appeal. Can anyone help me find the Commissioner's decision I am after? Thanks.

I cannot find the CD you need, but how about R(I)13/65? An appendix to the CD, ( R v MEDICAL APPEAL TRIBUNAL Ep.p Carranini). The issue is about an unfair refusal to adjourn which might make the final decision of the tribunal erroneous in law.

You could try paragraphs 4 to 7 (esp para 7), of R(H) 3/03 where the Tribunal applied a different reg to the one used by the Local Authority to refuse HB, and refused HB anyway. The Commissioner found that the appellant should have been given the opportunity to make representations on the use and application of the reg being substituted by the Tribunal:

"<...> The claimant had no warning that the application of regulation 7 was in issue. She was deprived of any chance to make representations on that regulation".

Not too sure if this helps??