Giving effect to the overriding objective – Blake

Spring 2010

A case note on MA v Secretary of State for Work and Pensions [2009] UKUT 211(AAC), in which the Upper Tribunal gave guidance on how to apply the overriding objective of dealing with cases fairly and justly. The tribunal’s refusal of an adjournment was upheld on appeal.   Applying the overriding objective often involves a balancing exercise between competing considerations. Considers the issues involved in such an exercise.