Three Judge Panel

A three Judge panel of the Upper Tribunal recently considered IM v SSWP (ESA) [2014] UKUT 0412 (AAC). I believe that the decision was important to the way that Reg 35 (2) is applied. It appears that they may have upheld the well known Judge Jabobs UT decision from 2013. The DWP has been granted a number of 30 day extensions to many cases that are pending Upper Tribunal hearings where Reg 35 (2) is at issue. The DWP claim they need more time to consider whether to appeal to the Court of Appeal. My questions are:

1) Can anyone tell me where to find the published decision of the above mentioned three judge panel? (The usual online sources have no record of the case.)

2) Could a appellant caught in this situation insist on being given a copy of the decision?

3) How many 30 day extensions can the DWP be granted before such delaying tactics become an injustice? (In one case two 30 day extensions have already been granted and a third is expected.)

Hi,

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The decision that you speak of can be seen below :

www.osscsc.gov.uk/Aspx/view.aspx?id=4295

The associated rightsnet thread can be seen : Here.

bro58

Thank you bro58 for the name tip and the three links.

The full decision in IM v SSWP will take a bit of reading through, but the rightsnet thread was very helpful for giving an overview.

Given that the three Judges have now very strongly confirmed Judge Jabobs' 2013 decision, the DWP is highly unlikely to be successful in an appeal. Any thoughts on what people caught up in the UT backlog, caused by the repeated extensions being granted, can do now.

Forty P

Forty P wrote: Thank you bro58 for the name tip and the three links.

The full decision in IM v SSWP will take a bit of reading through, but the rightsnet thread was very helpful for giving an overview.

Given that the three Judges have now very strongly confirmed Judge Jabobs' 2013 decision, the DWP is highly unlikely to be successful in an appeal. Any thoughts on what people caught up in the UT backlog, caused by the repeated extensions being granted, can do now.

Forty P

Hi P,

I am afraid that there is little that can be done under the scenarios that you pose.

The S of S for Work & Pensions has the same rights of appeal, etc, as a normal appellant/claimant.

Being cynical, one may assume that such tactics as used in an attempt to delay and kick any decisions that The S of S does not agree with into the long grass.

bro58