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Failure to adjourn.
I have just returned from an appeal where the judge refused to adjourn. I requested an adjournment as clients GP requesting time to prepare a detailed report.
DWP rep also had no objections in interest of justice.
Appeal heard and rejected…
Any caselaw available?
CA 1546 2009 available on UT website. In that case an adjournment was sought to allow GP to prepare medical evidence and the tribunal refusal to adjourn was found to be rational.
However, to quote from para 14 of the decision:
14. How should a tribunal consider whether to adjourn a hearing using the overriding objective? The answer inevitably begins with the words ‘it all depends’. “
clutching at straws but I will try..
Still get the report and then apply for a set aside