The applicant had applied to the tribunal with regard to his entitlement to job-seeker’s allowance, but withdrew his application before the hearing. The tribunal had nevertheless heard the case and held against him. He appealed that finding. The appeal tribunal said it itself had no jurisdiction to hear the appeal.
Held: There was no discretion to waive requirements which went as to jurisdiction rather than procedure. Once the appeal had been withdrawn, it could not be re-instated. Alternatives existed, but the request to waive a jurisdictional requirement could not succeed.
Judges:
Lord Justice Peter Gibson, Lord Justice Chadwick and Mr Justice Nelson
Citations:
Times 08-Jul-2002, [2002] EWCA Civ 947, [2002] 1 WLR 3343, [2002] ICR 1383
Links:
Statutes:
Social Security (Adjudication) Regulations 1995 (SI 1995 No 1801) 6
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Secretary of State for the Home Department Ex Parte Jeyeanthan; Ravichandran v Secretary of State for the Home Department CA 21-May-1999
The applicant had failed to comply with the Rules in not using the form prescribed for appliying for leave to appeal against a special adjudicator’s decision to the Immigration Appeal Tribunal. The application, by letter, included all the relevant . .
Cited – Essex County Council v Essex Incorporated Congregational Church Union HL 1963
No Power to Grant Jurisdiction By Consent
An attempt was made by the parties to confer jurisdiction upon the Lands Tribunal.
Held: Constitutive jurisdiction cannot be created by agreement or estoppel. A statutory tribunal cannot be given jurisdiction by an earlier mistake, agreement, . .
Lists of cited by and citing cases may be incomplete.
Benefits
Updated: 20 August 2022; Ref: scu.174255