QUEEN'S BENCH DIVISION
Strand, London, WC2A 2LL
B e f o r e :
Sitting as a Deputy Judge of the High Court
| THE QUEEN
on the application of
MALCOLM NEIL HILL
|- and -
|THE SOCIAL SECURITY COMMISSIONER
|- and -
|THE SECRETARY OF STATE
FOR WORK & PENSIONS
The Defendant and Interested Party did not attend and were not represented
Hearing date: 8 December 2008
Crown Copyright ©
Mr Antony Edwards Stuart QC :
i) There has been a failure to provide a hearing within a reasonable time.
ii) The absence of any entitlement to legal representation is a breach of the right to a fair trial.
iii) When the examining medical officer concludes that a claim is no longer justified, so that payment of the benefit is subsequently terminated, the beneficiary should be entitled to retain the benefit until there has been a fair and impartial hearing (or his/her appeal against any adverse determination is heard and decided).
The Claimant's arguments and merits