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Looking for advice please on a procedural point.
I have an appeal to the Upper Tribunal, scheduled for hearing later this year, following the granting of my appeal that the First Tier tribunal made an error in law in its duty to enquire.
Having now received a full transcript of proceedings from the First Tier hearing, I have now come across another possible error in law. The respondent wrote a letter to the court prior to the hearing with a claimed change in circumstances that counteracted some of the key evidence I had presented previously. My view is that this was a work of fiction purely to negate my evidence and further evidence I have presented to the Upper Tier proves this.
However, my question relates to the respondent's late evidence not being shared in advance of the hearing. Being presented with this fairly critical evidence at the hearing left me with no opportunity to challenge this and the decision ultimately went in the respondent's favour.
Did the First Tier err in law in not ensuring that this evidence was shared with all parties in advance of the hearing? I've examined the Procedure Rules for the First Tier Social Entitlement Chamber and cannot see anything specific to this. However, the Civil Procedure Rules state under 31.11:
Duty of disclosure continues during proceedings
31.11
(1) Any duty of disclosure continues until the proceedings are concluded.
(2) If documents to which that duty extends come to a party’s notice at any time during the proceedings, he must immediately notify every other party.
Did the First Tier fail to apply the Practice Directions and therefore made an error in law?
I have an appeal to the Upper Tribunal, scheduled for hearing later this year, following the granting of my appeal that the First Tier tribunal made an error in law in its duty to enquire.
Having now received a full transcript of proceedings from the First Tier hearing, I have now come across another possible error in law. The respondent wrote a letter to the court prior to the hearing with a claimed change in circumstances that counteracted some of the key evidence I had presented previously. My view is that this was a work of fiction purely to negate my evidence and further evidence I have presented to the Upper Tier proves this.
However, my question relates to the respondent's late evidence not being shared in advance of the hearing. Being presented with this fairly critical evidence at the hearing left me with no opportunity to challenge this and the decision ultimately went in the respondent's favour.
Did the First Tier err in law in not ensuring that this evidence was shared with all parties in advance of the hearing? I've examined the Procedure Rules for the First Tier Social Entitlement Chamber and cannot see anything specific to this. However, the Civil Procedure Rules state under 31.11:
Duty of disclosure continues during proceedings
31.11
(1) Any duty of disclosure continues until the proceedings are concluded.
(2) If documents to which that duty extends come to a party’s notice at any time during the proceedings, he must immediately notify every other party.
Did the First Tier fail to apply the Practice Directions and therefore made an error in law?