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PIP appeals - deadline for written evidence
Hello,
I’m positive I have read somewhere that written evidence in a PIP appeal must be received by HMCTS at least 1 month before the hearing date. Is this correct and, if so, can anyone recall the source of the rule?
Thanks!
The rule is that material must be received within 1 month of the date that the DWP response is sent per rule 24(7) SEC Rules. That particular rule is not seriously enforced though.
My understanding is that HMCTS said for a long time that you should send material at least a week before the hearing although I would always try to leave at least two. I don’t know where a month before the hearing comes from.
Perhaps because it takes Harlow at least a month to deal with anything?
I’ve never seen a requirement that evidence is to be sent a month before the hearing. The various automatic notifications just say that anything should be sent “as soon as possible”. In this area, at least, notification of a hearing date is sent out less than a month before the date so such a requirement would be impossible.
Conversely, hasn’t there been some caselaw on how tribunals should go ahead and deal with late evidence? Generally either by dealing with it immediately or at least considering an adjournment.
Pretty common situation to have to deal with, for instance where an unrepresented appellant brings evidence straight to the hearing. Or, as in my latest case, where DWP submitted evidence 1 day before the hearing. The same tribunal had also lost our submission, so there was that to deal with too. Fortunately it was a simple and straightforward case, and the judge just gave the parties a minute to review before proceeding.
Rather than a set rule, I think it has to be decided on a case by case basis, to comply with overriding objectives etc.
I’m pretty sure judges would accept late evidence rather than have to write it all down if you present it verbally! :)
Very much a case by case basis. Tribunal will look at what’s being presented; why it’s last minute; whether it’s part of a pattern and so on. They also have to take into account of whether there’s a PO and whether DWP ought to have sight of the evidence.
Even if it’s a single sheet of A4 you can still find yourself being postponed/adjourned if you’re a rep. with a reputation for bringing stuff to the table late for no good reason and especially if DWP are not present. Length of the evidence and lateness of themselves are not the determining factors.
As a rule of thumb anything more than 2 weeks before the hearing date ought to make it to the tribunal. Anything after that and you cannot ever assume that HMCTS will have scanned and distributed.
Very much a case by case basis. Tribunal will look at what’s being presented; why it’s last minute; whether it’s part of a pattern and so on. They also have to take into account of whether there’s a PO and whether DWP ought to have sight of the evidence.
Even if it’s a single sheet of A4 you can still find yourself being postponed/adjourned if you’re a rep. with a reputation for bringing stuff to the table late for no good reason and especially if DWP are not present. Length of the evidence and lateness of themselves are not the determining factors.
As a rule of thumb anything more than 2 weeks before the hearing date ought to make it to the tribunal. Anything after that and you cannot ever assume that HMCTS will have scanned and distributed.
I think this is sensible advice. I always say to people make sure anything goes in at least two weeks before a hearing. Sooner is always better than later; it needs to get processed and then get to tribunal panel members in good time to allow them to review it before the hearing.
I’d add: to always bring paper copies to the hearing. Regardless of how long ago you submitted the documents and even if you’ve had written confirmation of receipt.
And, if you are submitting things late, go an extra length by limiting the amount of evidence to key parts, and guide the tribunal through it - decrease the likelihood they’ll want to postpone.
Resist the temptation to bung in a 200 page SAR response in the 11th hour. This is tantamount to requesting a postponement, but sending an actual postponement request instead is less likely to annoy people.
I don’t think there’s an intrinsic need to allow a certain amount of time for the panel to review evidence - given the amount of cases they deal with I assume they will review the evidence immediately prior to the hearing, lest they confuse it with different appeals. Issue lies with admin. Different matter entirely in some of the other courts, where cases can get much more complex.