I submitted a disc to TAS that my client would like to be viewed by the Tribunal at her hearing. It needs Windows Media Player to view. The Tribunal Chair has sent this back to say that Windows Media will not be available in the tribunal room. She has said we need to submit 3 copies of the clip on conventional video. This is not possible as the original video belongs to the hospital and contains confidential films of other patients as well. Further we have nothing to copy this on.

If we can get the chair to accept the evidence in the existing format we would be able to take a suitable computer to the hearing. Does anyone know of any caselaw to suggest that evidence should be accepted in a format suitable to client's circumstances. Surely, if this were not the case then it would be a matter of injustice / discrimination.

If the only problem is that WMA won't be provided by TAS then I can't see how the chairman can refuse to allow you to show it on a laptop. Thats presuming that you have access to a laptop of course...

But might there not be a problem if the tribunal and the DWP can only see the evidence on the day, in your presence?

I know we sometimes submit evidence on the day only, but with something like video evidence its a bit different. If the boot were on the other foot, we would want to see it prior to the hearing, so we could prepare our case properly. The one time I had a case with video evidence (against my client) it was circulated in advance of the hearing - and quite rightly. If I were the DWP, or indeed a tribunal member, I would not be happy if I couldn't study the evidence as I wanted to / prior to the hearing. The same rules about fairness apply to both sides.

I'm not very computery, but why can't the thing you have be downloaded onto video? In snappy snaps they can put a photo on a mug!

Windows media is installed on every Windows PC. It is probably nearly as common as video recorders if not more so. It is certainly more common in the office environment.

Basically there is nothing stopping TAS sending round copies of the disc and I can't see there being any reason why DWP can't view it in their office. TAS only stated practical problem is that facilities won't be available on the day which can easily be solved by the rep taking a laptop.