Appeal to UT from LT ESA - adj offered but refused

Any advce   on successful tactics re failed LT when cl was offered adj but declined - no m/health problems but advice agency seem to have retained letter from GP

Why was he offered an adjournment and why did he refuse?

Adj was offered as another   advice agency had   papers including GP letter ( not   in papers) - so presumably   in the   intersts of   justice.

I do not   know why they refused I would suspect as   they wanted to get   it   out   of the way

Apply for set aside under rule 37(2)(b) of the Tribunal Rules 2007 in that a document (potentially) relevant to the proceedings was not in front of the tribunal.  The fact that the appellant refused the offer should be argued to be of secondary importance to the obligation to the tribunal’s overriding objective under rule 2 to act fairly and justly.  And, that obligation might include overriding the appellant’s refusal of the adjournment offer.  A refusal to set aside would then start the clock for permission to appeal proceedings.

Nev,

Thanks for your advice

Toby