Recent Caselaw

Hi all

I recently recall reading on the boards a case re: DLA entitlement and overpayments. Which basically held that a Tribunal could consider both appeals together in the absence of a formal overpayment appeal. 

Any chance anyone recalls the case citation?

Thanks

Dear All,

The caselaw has now been found.  It was infact contained at pargraph 17 and 18 in CDLA/2396/2011. 

Judge Warren States

...A tribunal would be acting in an unecessarily formal and rigid way if it insisted on two letters of appeal for the two decisions… para 17

...I agree that the tribunal were correct to treat the appeal as being against both the entitlement decision and the o/p decision…para 18

Maybe helpful for a client that has failed to appeal the o/p decision at the right time and then seeks to dispute the recoverability within the entitlement appeal.