Same Doc - Both Appeals..

Hi All,

It was the same Doctor in both my ESA Appeals (both appeals were for the same condition - unchanged - appeals heard about 1 year apart).

Quick Question: Is this a breach of natural justice ? (as in CE/1032/2010 - www.osscsc.gov.uk/aspx/view.aspx?id=3041 )

Thanks,

Rob.

Hi All,

What about impartiality..

Impartiality

Principle
Impartiality is essential to the proper discharge of the
judicial office. It applies not only to the decision itself but also to
the process by which the decision is made.

Application
2.1. A judge shall perform his or her judicial duties without
favour, bias or prejudice.
2.2. A judge shall ensure that his or her conduct, both in and out
of court, maintains and enhances the confidence of the public, the
legal profession and litigants in the impartiality of the judge and
of the judiciary.
2.3. A judge shall, as far as is reasonable, so conduct himself or
herself as to minimize the occasions on which it will be necessary
for the judge to be disqualified from hearing or deciding cases.
2.4. A judge shall not knowingly, while a proceeding is before, or
could come before, the judge, make any comment that might
reasonably be expected to affect the outcome of such proceeding
or impair the manifest fairness of the process, nor shall the judge
make any comment in public or otherwise that might affect the
fair trial of any person or issue.
2.5. A judge shall disqualify himself or herself from participating
in any proceedings in which the judge is unable to decide the
matter impartially or in which
it may appear to a reasonable
observer that the judge is unable to decide the matter impartially.

Such proceedings include, but are not limited to, instances where:
(a) The judge has actual bias or prejudice concerning a
party or personal knowledge of disputed evidentiary facts
concerning the proceedings;
(b) The judge previously served as a lawyer or was a
material witness in the matter in controversy; or
(c) The judge, or a member of the judge’s family, has an
economic interest in the outcome of the matter in controversy;
provided that disqualification of a judge shall not be required if no
other tribunal can be constituted to deal with the case or, because
of urgent circumstances, failure to act could lead to a serious
miscarriage of justice.


General Question: Does this apply also to a doctor on a Tribunal panel ?

Thanks,

Rob.

Ok, Gordon, Thanks, but..

General Question: Does this apply also to a doctor on a Tribunal panel ?

Also, what about percieved Bias?

I am looking into this at the moment..

sorry to be a pain..