Here's a question I've not been able to find an answer to after a great deal of reading... Naturally, if we don't comply with the time limits, either to request a MR or to lodge an appeal, we can suffer a detriment. What happens though if the DWP fail to meet a submission deadline without requesting more time? I have an appeal lodged and the deadline for the DM response runs out today. If they fail to file, can I, like every other court in the land, get a default judgement? Or is the system weighed in the DWP's favour? Any thoughts on the subject would be appreciated!
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First of all, there is no presumption of guilt or innocence in an MR or appeal, so there is no default judgement to be made
If the DWP is late providing their submission for an appeal then in the first place the assigned Judge will issue them a warning and allow additional time for them to send their submission. If they still fail and I am not sure I have ever seen this happen, then the appeal will continue without their written input.
Whether they comply or not, the Tribunal will be decided on your showing that you meet the criteria for an award.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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