GARY DOLAN IN SUCCESSFUL APPEAL UNDER EEA REGULATIONS

27 February 2018

Gary Dolan, instructed by Ask Solicitors, recently acted on behalf of the appellant in a successful error of law appeal against a determination of the FTT under the EEA Regulations. The appellant was ill and had not attended, and the appeal proceeded in the absence of both her and the Respondent. The Upper Tribunal ruled that the judge ought to have considered adjourning, and that she had not received a fair hearing. There was potential evidence which an adjournment would have allowed to be considered properly. The case was remitted to the First-tier Tribunal. Appellants and their representatives should note that, if an appellant is too ill to attend a hearing, proper evidence should be produced or the appeal may go ahead in their absence. The Upper Tribunal judge stressed the need for appellants to participate proactively in their appeals.