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Paper Hearings and Natural Justice

Blake, LW (2005) Paper Hearings and Natural Justice Journal of Social Security Law, 12. 26 - ?. ISSN 1354-7747

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Abstract

This article considers the changes made to the law of social security appeals by the Social Security and Child Support (Decisions and Appeals) Regulations 1999. The article makes the point that, while in Scandinavia civil justice reforms are favouring ‘orality’ in preference to an over-reliance on paper work, the 1999 Regulations have moved English law in the opposite direction. Amongst the questions which arise from this new procedure are whether ‘paper hearings’ can be described as ‘public’ hearings within the meaning of Article 6 of the European Convention of Human Rights, and whether such a hearing, once commenced, can be adjourned to allow the tribunal to hear new evidence or oral submissions from one or more of the parties. This article is based upon research into the decisions of the courts and the Social Security Commissioners and upon Leslie Blake’s own experience as a voluntary adviser at a legal advice centre in London from 1977 to 2002.

Item Type: Article
Divisions: Faculty of Business, Economics and Law > Law
Depositing User: Mr Adam Field
Date Deposited: 27 May 2010 14:10
Last Modified: 29 Oct 2012 15:32
URI: http://epubs.surrey.ac.uk/id/eprint/587

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