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Forum Home  →  Discussion  →  Decision making and appeals  →  Thread

Request for Caselaw

PCLC
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Benefits Supervisor - Plumstead Law Centre, London

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Total Posts: 240

Joined: 16 June 2010

I do this all the time i.e. follow decisions on the UT website but then cannot find them when I need them.

How do people keep an index or reference for decisions so they can find them? Let me know and I will make it my first and only New Year resolution….

This is an application for leave to appeal to the first-tier Tribunal; amongst other things I have this paragraph;

“Firstly, the Upper Tribunal has commented on numerous occasions that proper consideration of the evidence is not to be regarded as a competition between for example, a HCP report and an opinion of a GP and/or the evidence of the appellant. All must be placed into the mix and weighed for their evidential value. Simply repeating a mantra that a HCP report is to be preferred due to (in this case) the fact that it involved a physical examination of about 1 hour is simply not adequate as an explanation. This is more so given that in this case the appellant had made numerous challenges to the ESA85 (see my Para.3 below).

Secondly, and related to the above, the Tribunal have failed to state why, in balancing exercise required when weighing all the evidence, they disregarded the medical reports from the GP, particularly the report of 16/01/13 which specifically addressed descriptors.”

And of course I cannot find the decisions to back up the above so I am feeling silly…...

Jon (CANY)
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Welfare benefits - Craven CAB, North Yorkshire

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I’d be interested to hear of a good system, I generally just do something clunky like search rightnet’s briefcase for a relevant keyword.

Anyway, CSA/140/2013 (first result) is a recent case on this:

“The flaw in the tribunal’s reasoning in this case seems to me to have been the common one of viewing the case as a contest between the EMP’s evidence and evidence from other professionals involved in the claimant’s care’ ...” etc

PCLC
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Benefits Supervisor - Plumstead Law Centre, London

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Total Posts: 240

Joined: 16 June 2010

Many thanks, that is certainly one of them I recall. I think there is one by Judge Wright along the same lines - I forgot about the search function! The Rightsnet one is better than the UT one but you still have to wade through a few before you get the one you want.

Any one else have any ideas on a system for keeping useful UT decisions - suppose you could just download them, categorise then file for a rainy day.