CF v Secretary of State for Work and Pensions & Anor.

The First-tier Tribunal breached mandatory procedural rules and natural justice by disposing of the appeal without an oral hearing and without consent from all parties, constituting a material error of law.

Parties: Appellant: C. F.; 1st Respondent: Secretary of State for Work and Pensions; 2nd Respondent: D. F.
Jurisdiction: England and Wales
Judgment Date: 10 October 2022
Procedural Posture: Appeal / Upper Tribunal Appeal From First Tier Tribunal
Outcome: Appeal allowed; First-tier Tribunal decision set aside; case remitted for re-hearing.
Legal Topics: Child Maintenance, Procedural Fairness, Tribunal Procedure

Family Law Social Security Law Child Maintenance Procedural Fairness Tribunal Procedure

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 1

Parties

C. F.

Appellant

Secretary of State for Work and Pensions

1st Respondent

D. F.

2nd Respondent

Procedural Posture

Appeal / Upper Tribunal Appeal From First Tier Tribunal

Legal Issues

1 Whether the First-tier Tribunal erred in law by deciding the appeal without an oral hearing contrary to rule 27(1)(a) of the Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008
2 Whether redactions to documentary evidence were properly made under rule 14(2) or rule 19

Ratio Decidendi

Court Disposition

Appeal allowed; First-tier Tribunal decision set aside; case remitted for re-hearing.

Orders

Case remitted to a different First-tier Tribunal for reconsideration at an oral hearing.
District Tribunal Judge to consider appropriate case management directions regarding redactions under rule 14(2).