Does anyone know the decision?

Dear All,

I am sure I read a UT decision that referred to issues about the Tribunal panel using observations of the appellant on the day of the hearing as (i) it postdates or that it might have been (ii) that they can use that evidence but need to put it to the appellant?

Ringing any bells with anyone?

Thanks in advance.

From https://pipinfo.net/issues/tribunal-practice (the link to the case is not currently working, for me anyway)

While tribunals are entitled to make observations of a claimant at a hearing, in [2015] UKUT 692 (AAC) a tribunal which used its observations to inform its conclusions in respect of most if not all of the prescribed activities and then failed to put these to the claimant, was held to have erred in law.

While we wait for the UT database to get fixed, here’s our summary of that case if helpful:

https://www.rightsnet.org.uk/welfare-rights/caselaw/item/tribunal-erred-by-relying-on-its-observations-of-the-claimants-communicatio

Dear Both

Many thanks

Most helpful