Roberts, R (On the Application Of) v Department for Work And Pensions

Roberts, R (On the Application Of) v Department for Work And Pensions

The commissioner did not err in law, applied the correct test, and reasonably concluded that the claimant's absence did not affect the outcome; therefore, permission for judicial review is refused.

Parties
Claimant: Teresa Marie Roberts; Defendant: Appeals Service; Interested Party: Department for Work and Pensions
Jurisdiction
England and Wales
Judgment Date
27 October 2003
Procedural Posture
Judicial Review / Renewed Application for Permission
Outcome
permission for judicial review refused
Legal Topics
Judicial Review, Procedural Fairness, Industrial Injuries Disablement Benefit
Administrative Law Social Security Law Judicial Review Procedural Fairness Industrial Injuries Disablement Benefit

Case Brief

Summary, issues, holding and outcome

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Parties

Teresa Marie Roberts

Claimant

Appeals Service

Defendant

Department for Work and Pensions

Interested Party

Procedural Posture

Judicial Review / Renewed Application for Permission

Legal Issues

  1. 1 Whether the commissioner erred in refusing leave to appeal after the Tribunal heard and determined the appeal in the claimant's absence
  2. 2 Whether the Tribunal's decision should be set aside due to lack of notice to the claimant

Ratio Decidendi

The commissioner did not err in law, applied the correct test, and reasonably concluded that the claimant's absence did not affect the outcome; therefore, permission for judicial review is refused.

Court Disposition

permission for judicial review refused

Orders

  • permission for judicial review is refused
  • no order as to costs