
An appeal to a Commissioner will only succeed if there is an 'error of law' in the tribunal decision. The following cases give guidance about the different kinds of errors of law that a tribunal might make.
R(A) 1/72
Sets out an extensive list of grounds upon which an appeal to a Commissioner may lie for error of law.
R(I) 5/94 - Evans & Kitchen v Secretary of State for Social Security CA
Reasons for decision - whether medical appeal tribunal obliged to explain its rejection of views of other medical experts.
R(M) 6/86 - Baron v Kitchen v Secretary of State for Social Services CA
Extent of a tribunal's obligation to give reasons for rejecting an appeal.
R(M) 1/96
Renewal claim - whether reasons for decision were adequate.
R(I) 2/88 – Saker v Secretary of State for Social Services
Whether there are grounds sufficient to allow a review to be initiated.
Appeal from decisions of medical appeal tribunal on a question of law
(Link to Rightsnet website)
R v Gough [1993] AC 646, [1993] 2 All ER 724 HL: test of bias
(there is no link to this decision, to read the text you will have to consult the law report)
Index to legal abbreviations
(Link to Legal Abbreviations website).
Locabail (UK) Ltd v Bayfield Properties Ltd [2000] QB 451 CA
(Link to Bailii website)
Would the reasonable man, with knowledge of the relevant circumstances and adopting a broad approach, consider there was a real danger of bias by the court or tribunal.
R(S) 1/94
Reliance on specialist knowledge of tribunal member not disclosed to the parties - whether breach of the rules of natural justice.