Twice in Inverness and both were allowed..
Nice to go back to Scotland again. Same city, but a different venue - the last time it was a room in a church; very quaint.
Flew up this time, thank goodness. Last time I had to drive up as my appeal hearing in Cardiff the afternoon before overran so that there was no point in even trying to get to Bristol Airport in time.
K had scored just 2 points for daily living, and nothing for mobility. Had to tell him that I did not see his appeal as at all easy or straight forward, but that I considered him to have a better than even chance of success.
I met up with K the evening before his hearing and he handed over 295 sides of medical records. I went through these after our meeting but saw nothing worth putting in.
The hearing itself was not routine. The judge opted to excude K's partner while K gave his evidence. Have only seen this a handful of times in 20 years, but I think it is a good idea. The second witness does not hear the appellant's evidence, so that the it then carries more weight. Also, the judge relied on the recording of the hearing, choosing to make no note of his own of the evidence or legal arguments - not seen that before.
I was very pleased with the evidence given by client and witness, and what they made of it all was up to them. The appeal papers contained what I felt was a gross distortion of the meaning of 'overwhelming psychological distress' as used in Planning and following journeys. I was glad that I had lugged my big Oxford English Dictionary up to Scotland to help straighten out the tribunal in my closing arguments.
Having landed in Bristol I did not expect a call from the client with the decision. He had phoned the tribunal office on the off chance. No detail but he was told that his appeal had been allowed with an award of enhanced rate mobility component - great.
But only the two daily living component points he went in with. Not what we wanted.
Will need to see the decision notice before deciding what to recommend.
Taking last week and this, that's four out of four appeals allowed. Tomorrow is another day though - the last of the year, as the diary stands.