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useful UT decision on previous ESA85 not being before tribunal
A very helpful decision.
The ESA appeal bundles I have seen do not contain the summary of adjudication history showing previous assessments which always used to be included in IB appeals on the PCA (so you could see there had been a previous examination and then ensure the papers were obtained).
Martin
I agree, but more than this the ESA appeal submissions in these cases not only do not record the adjudication history but often state that it is the original decision that has been superseded when in fact it can’t be because other decisions have since replaced the decision they are now seeking to supersede. We have had a number of cases like this that on the face of it look like no decision has been made since the original. We have argued that in these cases the award should still stand until the most recent decision on which the award is based is superseded or revised.
I agree, but more than this the ESA appeal submissions in these cases not only do not record the adjudication history but often state that it is the original decision that has been superseded when in fact it can’t be because other decisions have since replaced the decision they are now seeking to supersede. We have had a number of cases like this that on the face of it look like no decision has been made since the original. We have argued that in these cases the award should still stand until the most recent decision on which the award is based is superseded or revised.
I just wondered if you had had any success at tribunal with this argument?