Set Aside refused

Hello all

Any thought/advice welcome. Client with significant visual impairment and diabetes.

We have a case where the hearing was held a few weeks ago following a previous adjournment. Appellant unwell and unable to attend, GP letter supplied but we as rep still didn’t have access to appeal submission from DWP/Tribunal in advance of hearing.

Social Care reports, GP reports were still being compiled and this was explained. Judge insisted on going ahead with hearing expecting rep to read through file as they went through it despite objection raised. Decsion went against client.

We submitted a Set Aside request which has now been refused and highlighted that Rule 37 was not correctly applied in this case in our opinion. A WSOR has also been requested on this - further input and advice would be apreciated!!

Could you clarify - why was the case adjourned - was it to obtain the reports you mention? Also why did you not receive the DWP submission and when did you draw this to the Tribunals attention (i.e before the hearing?). Also what was the file that you were expected to read during the hearing - was it their submission?
Thanks

And, how long had you had the case prior to the hearing.  It’s not appropriate for the tribunal to expect you to read the appeal papers for the first time during the hearing.  It should, at the very least, have given you a short adjournment to quickly read the papers outside the hearing room.  Failure to do so might, by itself, be an error of law, depending on the other facts.

I was also wondering whether you took over the case recently.  Whether or not there was time for you to read client’s copy of the DM submission prior to the hearing, or to request a copy from the Tribunals Service.  Otherwise I think it is unjust/potential error for them to expect you to study the papers for the first time during the hearing.