HM Courts & Tribunals Service (HMCTS) with effect from 1 April 2011

Decisions of superior Courts since 2006

Details of decisions that are being appealed further can be found on the cases pending in the higher courts page.

Decisions issued in 2018

JT v First-tier Tribunal and CICA and Anr [2018] EWCA Civ 1735 24.07.18
Whether maintenance of 'same roof' rule pre 1 October 1979 offences contrary to Equality Act 2010 or Human Rights Act 1998.
JT v (1) First-tier Tribunal & (2) Criminal Injuries Compensation Authority: [2015] UKUT 478 (AAC)

Criminal Injuries Compensation Board v First-tier Tribunal (SEC) [2018] EWCA Civ 1175 24.05.18
Police officer and firefighter – whether criminal injury directly attributable to taking an exceptional and justified risk – paragraph 5, 2012 Scheme.
CICA v F-tT and KM (CIC): [2016] UKUT 338 (AAC); [2017] AACR 4

Banner Homes Limited v St Albans City and District Council & Anr [2018] EWCA Civ 1187 23.05.18
Assets of community value: whether the use to be established for listing must be a lawful use
BHL v St Albans C & D Council & Anr : [2016] UKUT 232 (AAC)

Hickey v Secretary of State for Work and Pensions [2018] EWCA Civ 851 20.04.18
Support from counsellor – following PR v SSWP (PIP) [2015] UKUT 584 (AAC) need not be provided at the moment of social engagement.
AH v SSWP (PIP) [2016] UKUT 276 (AAC) 20.05.16.

FSecretary of State for Work and Pensions v Carmichael and Anr [2018] EWCA Civ 548 20.03.18
The First-tier Tribunal and Upper Tribunal had to calculate an appellant's housing benefit entitlement by reference to the regulatory provisions in force at the relevant time; they had no power to disapply the mandatory statutory provisions of the Housing Benefit Regulations 2006 regulation B13, even where it had been found to violate certain rights under the ECHR by the Supreme Court in R. (on the application of Carmichael) v SSWP [2016] UKSC 58. It was for Parliament, not the court or tribunal, to determine what form legislation should take in order to comply with Convention rights, particularly where political issues arose as to the deployment of limited public fiscal resources.
SSWP v Carmichael and Sefton BC (HB) [2017] UKUT 174 (AAC) 3-JP 27.04.17

French v Secretary of State for Work and Pensions [2018] EWCA Civ 470 13.03.18
A father whose only source of income was from gambling winnings was not a self-employed earner and his gambling earnings should not have been included when assessing his liability for child support. The First-tier Tribunal and Upper Tribunal had failed properly to apply the Court of Appeal's decision in Hakki v Secretary of State for Work and Pensions [2014] EWCA Civ 530.
CCS/865/15 02.02.16.

Criminal Injuries Compensation Board v First-tier Tribunal Judgment 08.03.18 Appeal allowed unreported
Circumstances in which applicant may appeal against a CICA award accepted in full and final settlement

Decisions issued in 2017

Stevenson v Secretary of State for Work and Pensions [2017] EWCA Civ 2123 15.12.17
The policy decision whereby disabled homeowners in receipt of income support before 5 January 2009 were limited to claiming Support for Mortgage Benefit on loans of up to £100,000, while those claiming income support for the first time after that date could claim the benefit on loans up to £200,000 amounted to unequal treatment, but was objectively justifiable.
FS v SSWP CIS/601/2012

Fileccia v Secretary of State for Work and Pensions [2017] Civ EWCA 1907 24.11.17
The Upper Tribunal had not erred in its construction of Regulation 987/2009 Article 6(2) when finding that a relevant "difference of views" existed between the UK and France as to which was the competent state under Regulation 883/2004 to determine a benefits claim.
SSWP v FF (CA) [2015] UKUT 488 (AAC) 03.09.15

Willow v The Information Commissioner and the Ministry of Justice [2017] EWCA Civ 1876 22.11.17
Section 31(1)(f) FOIA public interest – application of Article 3.1 of UN convention on the rights of the child – disclosure of techniques of physical restraint used in Secure Training Centres
Willow v IC and MoJ: [2016] UKUT 157 (AAC)
Permission to appeal refused by Supreme Court 01.05.18

Secretary of State for Work and Pensions v Gubeladze [2017] EWCA Civ 1751 07/11/2017
Directive 2004/38, Art 17(1) was a derogation from Article 16(1), so that “resided” meant "legally resided".
Accession (Immigration and Worker Registration) (Amendment) Regulations 2009 unlawful, because disproportionate and inconsistent with EU law.
Secretary of State for Work and Pensions v Gubeladze
TG v SSWP [2015] UKUT 50 (AAC) (PC) 09.10.15
Permission to appeal granted on terms by the Supreme Court 19.06.18

Arthur v Her Majesty’ Revenue and Customs
[2017] EWCA Civ 1756 03.11.17.
Claim by couple – “ordinary residence”
HA v HMRC [2015] UKUT 708 (AAC) (TC) 15.07.15
To be reported as [2018] AACR 10

R (on the application of) C v Secretary of State for Work and Pensions
[2017] UKSC 72 01.11.17.
Whether, in the particular context of awarding JSA, the State has unjustifiably interfered with the right of transgender persons to have information about their gender reassignment kept private

Visa Joy Limited and Anr v The Immigration Services Commissioner [2017] EWCA Civ 1473 05. 10. 17
Jurisdiction of First-tier Tribunal – whether any fresh evidence considered must relate to matters already considered by Commissioner.
IE & VJ v The Immigration Services Commissioner [2015] UKUT 679 (AAC) 09.12.15.
To be reported as [2018] AACR 8

Secretary of State for Work and Pensions v MMcK [2017] CSIH 57 24.08.17
Personal independence payment daily living activity 9 – descriptor 9c – a thing which constitutes prompting may also constitute social support if, to render it effective or to increase its effectiveness, it requires to be delivered by someone trained or experienced in assisting people to engage in social situations
MMcK v SSWP [2016] UKUT 191 (AAC) 06.04.16.
Permission to appeal granted on terms by the Supreme Court 20.06.18

Department for Business, Energy and Industrial Strategy v The Information Commissioner & Alex Henney [2017] EWCA Civ 844 29.06.17
The scope or meaning of "environmental information" in the Environmental Information Regulations 2004 reg 2(1)(c) and 2(1)(e)
DECC v IC and AH (EIR) [2015] UKUT 671 (AAC) 07.12.15
Reported as [2017] AACR 37

Djaba (by his litigation friend and solicitor) v W London Mental Health NHS Trust [2017] EWCA Civ 436 28.06.17
Whether the statutory tests within the Mental Health Act 1983 s.72 and s.73 require a "proportionality assessment" to be conducted, pursuant to ECHR Article 5, taking into account the conditions of a restricted patient's detention.
Application for permission to appeal refused by the Supreme Court

Hrabkova v Secretary of State for Work and Pensions [2017] EWCA Civ 794 22.06.17
Whether formerly self-employed EEA workers, with children in education in the UK, have a
“Teixieira” primary carer right to reside?" see [2014] UKUT 401 (AAC); [2015] AACR 11.
Application for permission to appeal refused by the Supreme Court

Secretary of State for Work and Pensions v The City of Glasgow Council and IB [2017] CSIH 35 31.05.17
Factors the First-tier Tribunal can consider when determining whether a room was to be “used as a bedroom”
To be reported as [2017] AACR 38

Greene King v Gambling Commission [2017] EWCA Civ 372 25.05.17
Extent of powers of the Gambling Commission in refusing an operating licence
Gambling Commission v GK [2016] UKUT 50 (AAC) 29.01.16
To be reported as [2018] AACR 6

Department of Health v The Information Commissioner & Anr [2017] EWCA Civ 374 24.05.17
Freedom of information – right of access – public interest test
Department of Health v The Information Commissioner & Lewis [2015] UKUT 159 (AAC) 30.03.15.
Reported as [2017] AACR 30

Secretary of State for Justice v MM and Welsh Ministers v PJ
[2017] EWCA Civ 194 29.03.17
Article 5 – deprivation of liberty – whether CTO framework takes precedence over human rights issues.
PJ v A Local Health Board & Ors [2015] UKUT 480 (AAC) 04.09.15
Article 5 – restricted patient with the capacity to do so can give valid consent to his deprivation of liberty caused by conditions of his conditional discharge.
MM v (1) WL Clinic & (2) MHU [2015] UKUT 644 (AAC) 23.11.15
Permission to appeal granted on terms by the Supreme Court 15.03.18

Y v First-tier Tribunal (Social Entitlement Chamber) & Anr
[2017] EWCA Civ 139 14.03.17
Child conceived with a genetic disorder as result of incestuous rape of his mother could not be victim of a crime committed before he had been conceived, and not possible to assess compensation on basis that he would otherwise have been born without disability.
Y v First-tier Tribunal and (2) Criminal Injuries Compensation Authority (CIC) [2016] UKUT 202 (AAC) 25.04.16
Permission to appeal application to the Supreme Court withdrawn 02.07.18

FG obo John (A Minor) v Secretary of State for Work and Pensions
[2017] EWCA Civ 61 09.02.17
Assessing disability for purposes of Vaccine Damage Payments Act 1979 – the determination of the severity of a person's disablement can take account of prognosis and the fact that an individual had been assessed as having a lifelong condition – not solely applicant's condition at the time of assessment.
Secretary of State for Work and Pensions v G (VDP) [2015] UKUT 321 (AAC) 23.05.15
Reported as [2017] AACR 20

Secretary of State for Work and Pensions v Tolley
Case dismissed by the Supreme.Court 27.06.17
Judgment of the Court (First Chamber) Case C 430/15 01.02.17
Reference by Supreme Court 29.07.15 [2015] UKSC 55
Regulation 1408/71 Article 22(1)(b) did not allow a Member State to make entitlement to a cash sickness benefit subject to a residence condition in that State
Secretary of State for Work and Pensions v Tolley [2012] UKUT 282 (AAC) 29.07.15
CJEU decision to be reported as [2017] AACR 40

Slezak v Secretary of State for Work and Pensions
[2017] CSIH 4 27.01.17
Right to reside – construction of regulation 21AA(3)(b)(ii) of the Income Support (General) Regulations 1997/1967 & Regulation 10 of the Immigration (European Economic Area) Regulations 2006
Secretary of State for Work and Pensions v SS (IS) [2016] UKUT 110 (AAC) 11.11.15
Reported as [2017] AACR 21

Decisions issued in 2016

Criminal Injuries Compensation Authority v Hutton and Akers & First-tier Tribunal [2016]
[2016] EWCA Civ 1305 20.12.16.
Guidance on the correct approach to be adopted when considering an appeal from a decision of a specialist appellate tribunal
YA v F-tT & Criminal Injuries Compensation Authority [2015] UKUT 399 (AAC) 16.07.2015

Birmingham City Council v SS/SA & Secretary of State for Work and Pensions and Roshni
[2016] EWCA Civ 1211 30.11.16
Whether rent charged by charity with no funding is unreasonably high by comparison with rent charged by publically funded charities
SS v Birmingham City Council and Secretary of State for Work and Pensions [2014] UKUT 137 (AAC) 11.03.14
Reported as [2017] AACR 8

R (Carrmichael and Rourke) v Secretary of State for Work and Pensions [2016] UKSC 58 09.11.16
[2016] EWCA Civ 29 27.1.16.
HB reduction for under occupation – children who require overnight care
Permission granted to appeal to Supreme Court
Reported as [2017] AACR 9

MB v Secretary of State for Work and Pensions [2016] UKSC 53 10.08.16
[2014] EWCA Civ 1112 31.07.14
Whether requirement of s4 of Gender Recognition Act 2004 not to be married in order to get a full gender recognition certificate and therefore to qualify for state retirement pension breaches Council Directive 79/7 EEC.
[2013] UKUT 290 (AAC) 18.06.2013
The Supreme Court referred the question to the Court of Justice of the European Union

Department for Work and Pensions v the Information Commissioner & Zola 27.07.16.
[2016] EWCA Civ 758
Qualified exemptions – commercial interests – effective conduct of public affairs – whether tribunal gave adequate reasons – public interest balance test.
Department for Work and Pensions v the Information Commissioner & FZ [2014] UKUT 334 (AAC) 15.07.14

Reilly & Hewstone and Jeffrey & Bevan v Secretary of State for Work and Pensions 28.04.16
[2016] EWCA Civ 413
Retrospective legislation relating to the government's back-to-work scheme is 'incompatible' with the European Convention of Human Rights (ECHR) but, nevertheless, the legislation remains 'effective'
Secretary of State for Work and Pensions v TJ (JSA) [2015] UKUT 56 (AAC) 08/04/15
Reported as [2017] AACR 14

Alhashem v Secretary of State for Work and Pensions 21.04.16
[2016] EWCA Civ 395
Whether permissible under EU law to deny access to benefits intended to facilitate access to the labour market to someone who had the right to reside as a job seeker – Court ruled that ESA is 'social assistance' and not a 'labour market-related benefit'.
To be reported as [2016] AACR 48

Mirga v Secretary of State for Work and Pensions [2016] UKSC 1 27.01.16 [2012] EWCA Civ 1952 04.12.12
Whether a pregnant 17 year old from an A8 state has a right of residence
RM v Secretary of State for Work and Pensions [2010] UKUT 238 (AAC)
Reported as [2016] AACR 26

R (Rutherford) v Secretary of State for Work and Pensions [2016] EWCA Civ 29 27.1.16.
HB reduction for under occupation – children who require overnight care
Permission granted to appeal to Supreme Court. See Carmichael and Rourke above.

Decisions issued in 2015

Secretary of State for Work and Pensions v Robertson [2015] CSIH 82 24.11.15
Whether reg 12(1A) of the Social Security (DLA) Regs 1991 ultra vires and accordingly null and void because (i) it is discriminatory under Article 14 of the ECHR and cannot be objectively and reasonably justified and (ii) that in enacting the regulation SSWP did not have regard to his equality duties
Secretary of State for Work and Pensions v YR [2014] UKUT 80 (AAC) 07.02.14

Secretary of State for Work and Pensions v Tolley [2015] UKSC 55 29.07.15
Care component – whether exportable where claimant leaves United Kingdom permanently – Article 22 of Reg (EEC) 1408/71
Secretary of State for Work and Pensions v LT [2012] UKUT 282 (AAC)
Linda Tolley (deceased) v Secretary of State for Work and Pensions
[2013] EWCA Civ 1471 23.10.13
The Supreme Court referred three questions to the Court of Justice of the European Union

Cameron Mathieson, a deceased child (by his father Craig Mathieson) v Secretary of State for Work and Pensions [2015] UKSC 47 08.07.15
Whether the cessation of payments of DLA in respect of child in hospital for more the 84 days breaches Article 8 – whether differential treatment under Article 14 is justified
CM v SSWP (DLA) [2013] UKUT 27 (AAC)
AM (by his father CM) [2014] EWCA Civ 286 05.02.14
Reported as [2015] AACR 19

Sarfraz v Disclosure and Barring Service[2015] EWCA Civ 544 22.5.15
The Court of Appeal had no jurisdiction to give permission to appeal against the refusal by the Upper Tribunal of permission to appeal to itself
Reported as [2015] AACR 35

Dransfield and Information Commissioner and Devon County Council and (2) Craven and Information Commissioner and Department for Energy and Climate Change[2015] EWCA Civ 454 14.05.15
IC v Devon CC [2012] UKUT 440 (AAC) 28.1.13
Craven v IC [2012] UKUT 442 (AAC) 28.1.13
PTA to Supreme Court refused by CA 21.05.15
When considering whether a request for information was vexatious within the meaning of the Freedom of Information Act 2000 s.14(1), a public authority had to consider all the relevant circumstances to reach a balanced conclusion. In doing so, it could consider any history of requests made by the requester.
Reported as [2015] AACR 34

The Independent Parliamentary Standards Authority v IC & Leapman [2015] EWCA Civ 388 28.04.15
Duty to provide copies of receipts of expenses claimed by MPs – relevance of s11 – meaning in FOIA, in the context of documents such as invoices, of “information” and “recorded information” The Independent Parliamentary Standards Authority (IPSA) v IC & Leapman [2014] UKUT 33 (AAC) 23.01.2014
Reported as [2015] AACR 37

R (on the application of Evans) and another v Attorney General (Appellant) [2015] UKSC 21 26.03.15
Evans v AG [2014] EWCA Civ 254 12.03.14
Freedom of Information - reasonable grounds for opinion that information was exempt from disclosure
Evans v IC (Correspondence with Prince Charles in 2004 and 2005) [2013] UKUT 75 (AAC)

Blakesley v Secretary of State for Work and Pensions [2015] EWCA Civ 141 26.02.15
Whether abolition of reg 21ZB of the IS Regs is contrary to EU law under Article 28 of Directive 20044/83/EC or whether breached the appellant's human rights HB v Secretary of State for Work and Pensions (IS) [2013] UKUT 433 (AAC) 06/09/2013
Court of Appeal decision reported as [2015] AACR 17

Sanneh v Secretary of State for Work and Pensions [2015] EWCA Civ 49 10.02.15
Right to reside following Zambrano – 3rd country national with UK national child in no immediate danger of having to leave the UK Secretary of State for Work and Pensions v JS (IS) [2013] UKUT 490 (AAC) 07/01/2013
Court of Appeal decision reported as [2015] AACR 18

Decisions issued in 2014

Secretary of State for Work and Pensions v Garland [2014] EWCA Civ 1550 04.12.14
Effect of judgment of the Court of Justice in Case C-503/09 Lucy Stewart on ordinary residence requirements in claims for a Category D retirement pension
Secretary of State for Work and Pensions v JG (RP) [2013] UKUT 300 (AAC) 26/06/2013

CP v First-tier Tribunal &Criminal Injuries Compensation Authority [2014] EWCA Civ 1554 4/12/14
Whether the offence under section 23 can be committed by a pregnant mother against her unborn child and/or whether drinking excess alcohol during pregnancy can constitute such an offence in respect of the child if born with consequential injuries or disabilities
Criminal Injuries Compensation Authority v First-tier Tribunal and CP [2013] UKUT 638 (AAC) 18/12/2013
Reported as [2015] AACR 8.

MB v Secretary of State for Work and Pensions [2014] EWCA Civ 1112 31.07.14
Whether requirement of 4 of Gender Recognition Act 2004 not to be married in order to get a full gender recognition certificate breaches requirement of equal treatment on the grounds of sex laid down in Council Directive 79/7 EEC
MB v Secretary of State for Work and Pensions (RP) [2013] UKUT 290 (AAC) 18/06/2013
The Supreme Court granted permission to appeal 23.02.15

Innes v Information Commissioner & Anr [2014] EWCA Civ 1086 31.07.14
FOIA sections 11 and 16 – whether requester can demand disclosure of information in a particular electronic format
NI v Information Commissioner [2013] UKUT 188 (AAC) 18/04/2013

Browning v Information Commissioner & Anr [2014] EWCA Civ 1050 30.07.14
Attendance of legal representatives of an excluded party at a closed hearing
Browning v Information Commissioner and DBIS [2013] UKUT 236 (AAC) 20/05/2013

Colefax v First-tier Tribunal (Social Entitlement Chamber) & Criminal Injuries Compensation Authority [2014] EWCA Civ 945 08.07.14
Whether the applicant could reasonably have been expected to make his application within the two year time limit set out in paragraph 18 of the CIC Scheme 2008
SC v First-tier Tribunal (F-tT) (Social Entitlement Chamber) & Criminal Injuries Compensation Authority (CICA) [2012] UKUT 383 (AAC) 09.10.2012
To be reported as [2015] AACR 36

Saint-Prix v Secretary of State for Work and Pensions see below CJEU Judgment 19.06.2014
Advocate General’s opinion Case C-507/12 12.12.13
[2012] UKSC 49
SSWP v JS [2010] UKUT 131 (AAC)
Right to reside of pregnant woman
Reference by Supreme Court 31.10.12
Reported as [2014] AACR 18

Secretary of State for Work and Pensions v Kevin Brade [2014] CSIH 39 01.05.14.
Employment and support allowance – interaction between regulation 34(2) and activity 13 – the definition of the word ‘always’ in ‘always precluded’
KB v SSWP (ESA) [2013] UKUT 152 (AAC) 26.2.13
Reported as [2014] AACR 29

Hakki v Secretary of State for Work and Pensions [2014] EWCA Civ 530 25.04.14.
Whether poker winnings constitute "earnings" from gainful employment for purposes of Schedule 1 to the Child Support (Maintenance Assessment and Special Cases) Regulations 1992
See HH v CMEC (CSM) [2011] UKUT 60 (AAC)

Mulla v Hackney Learning Trust [2014] EWCA Civ 397 02.04.14
Naming of school – whether section 9 applies to paragraph 8 of Schedule 27, Education Act 1996
SM v Hackney Learning Trust [2013] UKUT 78 (AAC) 14/02/2013

Haining v Warrington Borough Council [2014] EWCA Civ 398 02.04.14
Meaning of "unreasonable public expenditure" in section 9 of the Education Act 1996
WH v Warrington Borough Council (SEN) [2013] UKUT 391 (AAC) 07.08.13.
Reported as [2014] AACR 28

Rob Evans and the Information Commissioner v Department for Business, Innovation and Skills and ors
[2014] EWCA Civ 253 12/03/2014
Where the Attorney General had issued a certificate under the Freedom of Information Act 2000 sec.53, overriding a decision of the Upper Tribunal (Administrative Appeals Chamber) that certain correspondence between the Prince of Wales and various government departments should be disclosed, the Upper Tribunal had not had power to rule on a request for lists and schedules of the communications because it had already dealt with that request in its original decision
Evans v Information Commissioner (Correspondence with Prince Charles in 2004 and 2005)
[2013] UKUT 75 (AAC)

R (on the application of Evans) v Attorney General
[2014] EWCA Civ 254 12/03/2014
The Attorney General had not been entitled to issue a certificate concluding that correspondence between the Prince of Wales and government departments should not be disclosed under the Freedom of Information Act 2000 s.53 because he had no reasonable grounds for forming the opinion on which the certificate was based. In any event, the power to issue a certificate under s.53 was incompatible with Directive 2003/4 art.6 in so far as the information concerned was environmental information.
The Attorney General’s appeal was heard on 24 and 25 November in the Supreme Court.

Edem v Information Commissioner v Financial Services Agency
[2014] EWCA Civ 92 07/02/14
The FSA had acted within its rights to refuse to disclose names of junior members of staff who had dealt with an information request as their names were their personal data, disclosure of which would breach the first principle of the Data Protection Act 1998 Sch.1 Pt I para.1.
The Information Commissioner v FSA and Edem [2012] UKUT 464 (AAC)
Reported as [2014] AACR 19

Mahmoudi v London Borough of Lewisham & Anr
[2014] EWCA Civ 284 06/02/14:
Whether the proper interpretation of the words “adapt the dwelling” in regulation 7(8)(c) of the HB Regs 2006 is not that set out in R(H) 4/07
DM v London Borough of Lewisham and Secretary of State for Work and Pensions [2013] UKUT 26 (AAC)
Reported as [2014] AACR 14

AM (CM) v Secretary of State for Work and Pensions
[2014] EWCA Civ 286 05.02.14
Whether the cessation of payments of DLA in respect of child in hospital for more the 84 days breaches Article 8 – whether differential treatment under Article 14 is justified CM v Secretary of State for Work and Pensions (DLA) [2013] UKUT 27 (AAC) 15/01/13
The Supreme Court gave permission to appeal on 30.07.14

Criminal Injuries Compensation Authority v First-tier Tribunal (SEC) & Anr
[2014] EWCA Civ 65 03/02/2014
Dog chased boy into the path of a lorry – whether injuries were attributable to a crime of violence for the purposes of the scheme
CICA v CICAP/First-tier Tribunal and TS [2012] UKUT 444 (AAC) 19/11/12
Court of Appeal decision reported as [2014] AACR 27

Simon Samuda v (1) Secretary of State for Work and Pensions and (2) Harris
[2014] EWCA Civ 1 02/01/2014
The Upper Tribunal had no jurisdiction to review its refusal of permission to appeal. The appellant’s only remedy was by way of judicial review, which was subject to the restrictions laid down in Cart

Back to top

Decisions issued in 2013

Fish Legal and Emily Shirley v Information Commissioner, United Utilities Water plc, Yorkshire Water Services Ltd, Southern Water Services Ltd
Judgment of the Court of Justice of the European Union (Grand Chamber) 19.12.13.
Whether water companies are public authorities
Reference signed by Upper Tribunal (AAC) Judge on 21.05.12
Fish Legal v Information Commissioner [2012] UKUT 177 (AAC)
Advocate General's opinion was issued on 05.09.13
CJEU decision reported as [2014] AACR 11

Saint-Prix v Secretary of State for Work and Pensions
Advocate General’s opinion Case C-507/12 12.12.13
Reference by Supreme Court 31.10.12 [2012] UKSC 49
SSWP v JS [2010] UKUT 131 (AAC)
Right to reside of pregnant woman

Obrey & Ors v Secretary of State for Work and Pensions
[2013] EWCA Civ 1584 05.12.13
HB 52-week rule – whether discriminates against claimants with mental health problems
Secretary of State for Work and Pensions v OB [2012 UKUT 489 (AAC) 19.12.12
May be further appeal to Supreme Court

R (MM & anr) v Secretary of State for Work and Pensions
[2013] EWCA Civ 1565 04.12.13
Whether Work Capability Assessment substantially disadvantages claimants with mental health problems
R (MM and DM) v SSSWP [2013] UKUT 259 (AAC) (interim decision) 22.05.13

Linda Tolley (deceased) v Secretary of State for Work and Pensions
[2013] EWCA Civ 1471 23.10.13
Care component – whether exportable where claimant leaves United Kingdom permanently – Art 22 of Reg (EEC) 1408/71
Secretary of State for Work and Pensions v LT [2012] UKUT 282 (AAC)
The Secretary of State was granted permission to appeal by the Supreme Court on 15.04.14

Lloyd v London Borough of Lewisham
[2013] EWCA Civ 923 29.07.13
Whether a civil service "injury benefit" payment falls within disregard in HB Regs, Schedule 5, para 14(1)(e) – Malekout [2010] AACR 28 considered
GL v London Borough of Lewisham [2012] UKUT 171 (AAC)
CA decision reported as [2013] AACR 28

RS v Criminal Injuries Compensation Authority and another
[2013] EWCA Civ 1040 13.06.13
Relevant considerations for identifying the "occasion when the other person sustained the injury" and the "immediate aftermath"
RS v FTT (SEC) v CICA [2012] UKUT 205 (AAC)
CA decision reported as [2013] AACR 34

Alarape v Secretary of State for the Home Department
[2013] EUECJ C-529/11 08.05.13
[2011] UKUT 413 (IAC) 10.10.11
Rights of residence for a third country national parent of an adult child in education (himself deriving EU rights from a Union citizen father)

Jones v First Tier Tribunal (Social Entitlement Chamber)
[2013] UKSC 19 17.04.13
[2011] EWCA Civ 400, 12.04.11
Meaning of "crimes of violence" (para 8(a) of the Criminal Injuries Compensation Scheme) – whether suicide on a road may involve a crime of violence.
HW v FTT (SEC) v CICA [2010] UKUT 199 (AAC)
 Supreme Court decision reported as [2013] AACR 25

Mirga v Secretary of State for Work and Pensions
[2012] EWCA Civ 1952 04.12.12
Whether a pregnant 17 year old from an A8 state has a right of residence
RM v Secretary of State for Work and Pensions [2010] UKUT 238 (AAC)
Permission to appeal granted to the claimant by Supreme Court on 25.03.14

Disclosure and Barring Service (formerly Independent Safeguarding Authority) v Peter Harvey
[2013] EWCA Civ 180 13.03.13
Adults’ barred list – confirms that the principles on proportionality set out in ISA v SB [2012] EWCA Civ 977 govern the approach to be taken by the Upper Tribunal
PH v ISA [2012] UKUT 91 (AAC)

Szpak v Secretary of State for Work and Pensions and Secretary of State for the Home Department
[2013] EWCA Civ 46 13.02.13.
A8 registration – whether registration certified under the A8 workers scheme retrospective to start date of employment
MS v Secretary of State for Work and Pensions [2011] UKUT 452 (AAC)

Back to top

Decisions issued in 2012

Saunderson v Secretary of State for Work and Pensions
[2012] CSIH 102 28.12.12
Jobseeker's allowance – whether self-employed seasonal worker in remunerative employment
CSJSA/577/2009
Reported as [2013] AACR 16

Gray v Secretary of State for Work and Pensions and another
[2012] EWCA Civ 1412 5.11.12
Child support – earnings from self-employment – whether CMEC or tribunal are entitled to rely upon own evaluation of ‘actual’ profits where details submitted to HMRC have been provided
TG v Child Maintenance and Enforcement Commission [2012] UKUT 303 (AAC)
Reported as [2013] AACR 5

Secretary of State for Work and Pensions v Czop and Punakova
Court of Justice of the European Union C-147/11 and C-148/11, 06.09.12
Right to reside, based on self-employment, of carers for children.
[2011] UKUT 108 (AAC) and [2011] UKUT 109 (AAC)
Court of Appeal decision reported as [2013] AACR 6

Independent Safeguarding Authority v SB and Royal College of Nursing
[2012] EWCA Civ 977 18.07.12
Interpretation of s 4(3) SVGA 2006 – in considering whether a decision to retain someone’s name on the barred list is disproportionate and might be an error of law appropriate weight must be given to the decision of the Independent Safeguarding Authority – public confidence must be a material consideration
SB v ISA [2011] UKUT 404 (AAC)
Reported as [2013] AACR 24

Burnip v Birmingham City Council and Secretary of State for Work and Pensions
Trengrove v Walsall Metropolitan District Council Secretary of State for Work and Pensions
Gorry v North Wiltshire District Council Secretary of State for Work and Pensions
[2012] EWCA Civ 629 15.05.12
Human rights law – article 14 (non-discrimination) – failure of housing benefit rules to differentiate in favour of disabled claimant
IB v Birmingham CC (HB) 2011 UKUT 23 AAC
Walsall MBC v LT [2011] UKUT 172 (AAC).
RG v SSWP and North Wiltshire District Council [2011] UKUT 198 (AAC)
The Secretary of State for Work and Pensions was granted permission to appeal by the Supreme Court on 06 November 2012, but is not pursuing further
Court of Appeal decision reported as [2013] AACR 7

Hutton v First-tier Tribunal and Criminal Injuries Compensation Authority
[2012] EWCA Civ 806 14.6.12.
Criminal Injuries Compensation – delay in claiming – claimant aged 5 at date of father’s death by manslaughter, but claimed 22 years after attained majority.
JR/667/8/9/2010 (refusal of permission to appeal to Upper Tribunal)
Reported as [2012] AACR 47

Humphreys v Revenue and Customs
Supreme Court judgment 16.05.12 [2012] UKSC 18
[2010] EWCA Civ 56 11.02.10
Human rights – Article 14 of the European Convention on Human Rights with Article 8 and Protocol 1–1 – whether payment of child tax credit to principal carer only is discriminatory
HMRC v DH [2009] UKUT 24 (AAC)
Reported as [2012] AACR 46

Dudley Metropolitan Borough Council v Shurvinton & ors
[2012] EWCA Civ 346 21.03.12
If a statement of SEN names the parents preferred school only on condition they pay transport costs plus a suitable nearer school, Tribunal has jurisdiction to consider transport costs under Education Act 1996 sched 27 para 3(3) or 5.9 and name the parents' preferred school alone
Dudley MBC v JS [2011] UKUT 67 (AAC)
Court of Appeal decision reported as [2012] AACR 40

Oxford City Council v Basey
[2012] EWCA Civ 115 15.02.12
Eligible rent – meaning of "sheltered accommodation" –whether must be self-contained accommodation
JB v Oxford CC and SSWP [2011] UKUT 136 (AAC)
Court of Appeal decision reported as [2012] AACR 38

Wirral Metropolitan Borough Council v Salisbury Independent Living Ltd
[2012] EWCA Civ 84 09.02.12
Housing benefit – landlord providing counselling and other support services – whether a "person affected by the decision" and therefore having a right of appeal
Salisbury Independent Living v Wirral MBC (HB) [2011] UKUT 44 (AAC)
Court of Appeal decision reported as [2012] AACR 37

B v The United Kingdom
Application no. 36571/06 14.02.12
Overpayment – failure to disclose – whether disclosure reasonably to be expected – Article 14 of the Convention read together with Article 1 Protocol no 1 – treatment of persons unable to report facts because unaware of them or incapable of understanding that there was something which they were required to report
B v Secretary of State for Work and Pensions
[2005] EWCA Civ 929.
Reported as R(IS) 9/06
B v Secretary of State for Work and Pensions [2005] EWCA Civ 929. Reported as R(IS) 9/06
Reported as [2012] AACR 39

Back to top

Decisions issued in 2011

Birkett (Campaign for Clean Air in London) v The Department for Environment Food and Rural Affairs & the Information Commissioner [2011] EWCA Civ 1606 21.12.11
Whether public authorities may rely on new exemptions/exclusions – whether subject to a discretion.
DEFRA v Information Commissioner and Simon Birkett:[2011] UKUT 39 (AAC)
AAC and CA decisions reported as [2012] AACR 32

Secretary of State for Justice v RB
[2011] EWCA Civ 1608 20.12.11
Deferred conditional discharge with condition of residence in a care home – whether conditional discharge lawful if conditions amount to detention – correctness of the principles established by R (SSHD) v MHRT [2002] EWHC 1128 and subsequently endorsed obiter in same case
[2002] EWCA Civ 1868
SSJ v RB [2010] UKUT 454 (AAC)
AAC and CA decisions reported as [2012] AACR 31

R (Rust-Andrews) v First-tier Tribunal (CIC)
[2011] EWCA Civ 1548 19.12.11
Criminal injuries compensation – assessment of compensation in respect of future loss of earnings – whether loss to be proved on the balance of probabilities
R (SR) v F-tT [2010] UKUT 460 (AAC)
AAC and CA decisions reported as [2012] AACR 33

Slavin v Secretary of State for Work and Pensions
[2011] EWCA Civ 1515 9.12.11
Whether a claimant whose costs of accommodation in a care home without nursing staff are paid by NHS is entitled to the care and/ or mobility components
AS v Secretary of State for Work and Pensions [2010] UKUT 482 (AAC)
AAC and CA decisions reported as [2012] AACR 30

Secretary of State for Work and Pensions v Mohammad
[2011] EWCA Civ 1358 23.11.11.
Housing costs – meaning of "loan incurred during relevant period" where liability for loan transferred by husband to wife during relevant period.
SSWP v NM [2010] UKUT 326 (AAC)
CA decision reported as [2012] AACR 29

Essex County Council v Williams
[2011] EWCA Civ 1315 15.11.11
Special educational needs – child for whom local education authority responsible – continuation of statement beyond 19th birthday S 3094 2009
AW v Essex EJ [2010] UKUT 74 (AAC)
Reported as [2010] AACR 35
CA decision reported as [2012] AACR 24

Minter v Kingston upon Hull City Council and Potter v Secretary of State for Work and Pensions
[2011] EWCA Civ 1155 13.10.11
Income – whether lump-sum payment of compensation for breach of equal pay legislation is income or capital
SSWP v JP [2010] UKUT 90 (AAC) Kingston upon Hull City Council v DM (HB) [2010] UKUT 234 (AAC)
CA decision reported as [2012] AACR 21

Brough v Law and Child Maintenance and Enforcement Commission
[2011] EWCA Civ 1183 20.10.11
Child support maintenance assessment – cancellation where parents attempt reconciliation – whether supersession or revision required – meaning of "there no longer being any qualifying child "
SL v CMEC [2009] UKUT 270 (AAC)
Reported as [2010] AACR 24
Court of Appeal decision reported as [2012] AACR 25

Secretary of State for Work and Pensions v Elmi
[2011] EWCA Civ 1403 18.10.11
Permission to appeal refused
Worker status – being in ‘duly recorded involuntary unemployment’ – whether requires the making of a valid claim for jobseeker’s allowance
SSWP v FE [2009] UKUT 287 (AAC) (Three-Judge Panel)
Reported as [2012] AACR 22

R (Khan and others) v Secretary of State for the Home Department and the Upper Tribunal
[2011] EWHC 2763 (Admin) 06.10.11
Practical guidance post-Cart about the way in which judicial reviews of non appealable decisions of the UT should be handled, notably those in which the UT has refused permission to appeal to the UT and that refusal is the subject matter of challenge

Ahmed v Secretary of State for Work and Pensions
[2011] EWCA Civ 1186 21.10.11
Housing costs – whether loan taken out during relevant period came within paragraph 4(9) of Schedule 3 to IS (General) Regs – CIS/3295/2003 distinguished
CIS/2818/2818
Reported as [2012] AACR 23

Stewart v Secretary of State for Work and Pensions
[2011] EWCA Civ 907 29.07.11
Human Rights – Article 14 discrimination – whether regulation 7 of the Social Fund Maternity and Funeral Expenses (General) Regulations discriminates against prisoners .
SSWP v FS [2010] UKUT 18 (AAC)
Reported as [2012] AACR 9

Lucy Stewart v Secretary of State for Work and Pensions
Case C 503/09 21.07.11
Whether refusal to pay IB in youth to a relative of a pensioner inhibits the pensioner's freedom of movement.
LS v SSWP [2010] UKUT 35 (AAC)
Reported as [2012] AACR 8

Secretary of State for Work and Pensions v Dias
Case C 325/09 21.07.11
CIS/185/2008
Past presence test – whether a residence permit confers a right of residence- whether five years' residence as a worker before 30 April 2006 confers a right of permanent residence under Article 18(1) of the EC Treaty
CJEU decision reported as [2012] AACR 36

JS v Secretary of State for Work and Pensions
[2011] EWCA Civ 806, 13.07.11
Right to reside – whether worker status retained when not employed in later stages of pregnancy
SSWP v JS [2010] UKUT 131 (AAC)
Permission to appeal granted by the Supreme Court 15.12.11. Hearing on 15.10.12 of application by CPAG for a reference to the Court of Justice of the European Union. Judgment 31.10.12.

R (Cart) v Upper Tribunal
R (MR) v Upper Tribunal and Secretary of State for Home Department
[2011] UKSC 28, 22.06.11
Whether Administrative Court has power of Judicial Review against Upper Tribunal. RC v Secretary of State for Work and Pensions [2009] UKUT 62 (AAC)
High Court judgment [2009] EWHC 3052 01.12.09
Court of Appeal judgment [2010] EWCA Civ 859 23.07.10
The UT decision and Supreme Court decision have been reported as [2011] AACR 38

Eba v Advocate General for Scotland
[2011] UKSC 29, 22.06.11
Refusal of permission to appeal to the Upper Tribunal in relation to a claim for social security benefits – not amenable to judicial review save in exceptional circumstances.
Decision of Court of Session Outer House [2010] CSOH 45 31.03.10
Decision of Court of Session Inner House [2010] CSIH 78 10.09.10
The Supreme Court decision has been reported as [2011] AACR 39

EH v Kent County Council
[2011] EWCA Civ 709, 21.06.11
Relevance of the marginal cost to the public purse of providing education.
Apparent inconsistency between Slough Borough Council v SEND Tribunal and Others [2010]
EWCA Civ 668 and Oxfordshire County Council v GB and Others [2001] EWCA Civ 1358
EH v Kent County Council (SEN) [2010] UKUT 376 (AAC)
The UT decision and Court of Appeal decision have been reported as [2011] AACR 36

Jones v First Tier Tribunal (Social Entitlement Chamber)
[2011] EWCA Civ 400, 12.04.11
Meaning of "crimes of violence" (para 8(a) of the Criminal Injuries Compensation Scheme) – whether suicide on a road may involve a crime of violence.
HW v FTT (SEC) v CICA [2010] UKUT 199 (AAC)
Permission to appeal given to CICA by Supreme Court 01.08.11. Heard 28.02.13

Secretary of State for Work and Pensions v Cattrell
[2011] EWCA Civ 572, 29.03.11
Reg 27(b) – treated as incapable of work –latex allergy.
SSWP v CC (IB) [2010] UKUT 127 (AAC)
The Court of Appeal decision has been reported as [2011] AACR 35

Patmalniece v Secretary of State for Work and Pensions
[2011] UKSC 11, 16.03.11
Right to reside – whether condition contrary to Article 3 Regulation (EEC) 1408/71
CPC/1072/2006
Court of Appeal judgment [2009] EWCA Civ 621, 25.06.09
The Supreme Court decision has been reported as [2011] AACR 34

Miskovic & Blazej v Secretary of State for Work and Pensions
[2011] EWCA Civ 16, 20.01.11
Right to reside – proportionality of Accession Regulations – application to person working while temporarily admitted to UK.
Right to reside – A8 worker – claimant had not completed 5 years lawful residence at time of claim.
PM v SSWP [2009] UKUT 236 (AAC); BB v SSWP [2010] UKUT 126 (AAC)
Court of Appeal decision reported as [2012] AACR 11

Scott v Secretary of State for Work and Pensions
EWCA Civ 103, 21.01.11
Members of a religious order fully maintained by the order.
IS v SSWP [2009] UKUT 200 (AAC)
The decisions of the Upper Tribunal and the Court of Appeal have been reported as [2011] AACR 23.

Back to top

Decisions issued in 2010

Hamilton v Department for Social Development
[2010] NICA 46, 09.12.10
The right to recover an overpayment where the decision to supersede the original award was notified after the decision to recover the overpayment.
Reported as [2011] AACR 40

R (CPAG) v Secretary of State for Work and Pensions
[2010] UKSC 54, 08.12.10
Overpayment recovery at common law
High Court judgment 29.02.09 [2009] EWHC 341 (Admin)

RH v S London & Maudsley
[2010] EWCA Civ 1273, 12.11.10
Reasons for maintaining a restriction order – need to look at the long–term risks – respondents' refusal to engage with Upper Tribunal proceedings.
Human rights – requirement that an applicant under the Mental Health Act 1983 s75(3) should satisfy a tribunal that a restriction order should cease – whether in breach of ECHR.
(RH v S London & Maudsley (Restriction Order) [2010] UKUT 32 (AAC))
The decisions of the Upper Tribunal and the Court of Appeal have been reported as [2011] AACR 14.

Sandhu v Secretary of State for Work and Pensions
[2010] EWCA Civ 962, 10.06.10
Higher rate mobility component – inability to stand or put weight on one leg.
CDLA/855/2009

Secretary of State for Work and Pensions v Deane
[2010] EWCA Civ 699, 23.06.10
Carer's allowance - full time education - test under regulation 5(1) of ICA regulations is whether the claimant actually devotes more than 21 hours to course (excluding unsupervised study)
CCG/3189/2004 not followed
CG/449/2008 [2009] UKUT 46 (AAC)
The decision of the Court of Appeal has been reported as [2010] AACR 42.

Timbrell v Secretary of State for Work and Pensions
[2010] EWCA Civ 701, 22.06.10
Pension rights of transgender people not fulfilling all GRA conditions - pre & post GRA. Position where male to female transgender person remains married to original spouse whilst otherwise fulfilling criteria for gender change.
CT v SSWP[2009] UKUT 49 (AAC)
Permission to appeal to Supreme Court refused 18.11.10
The decision of the Court of Appeal has been reported as [2011] AACR 13.

Malekout v SSWP
[2010] EWCA Civ 162, 02.02.10 Why injury benefit paid as part of NHS pension is not a personal injury payment or disregarded compensation
CIS/1215/2008
The decision of the Court of Appeal has been reported as [2010] AACR 28.

DMcF v Secretary of State for Work and Pensions
[2010] CSIH 26, 12.02.10
Entitlement to mental health descriptor points in absence of evidence of specific mental illness or disablement.

Secretary of Work and Pensions v Scullion
[2010] EWCA Civ 310, 23.03.10
Whether claimant suffering cardiac arrest required to show that injury resulted from identifiable event CI/2842/2006
The decision of the Court of Appeal has been reported as [2010] AACR 29.

HMRC v Ruas
[2010] EWCA Civ 291, 23.03.10
Residence and presence conditions: presence – European Union Law: Council Regulation 1408/71/EEC – a person with Portuguese nationality was entitled to claim United Kingdom child benefit for his children resident in Portugal in circumstances where he lived and had worked in the UK but ceased to work on the ground of incapacity some time before he claimed the benefit.
JR v HMRC [2009] UKUT 18 (AAC)
Permission to appeal to the Supreme Court refused 28.06.10
The decisions of the Upper Tribunal and the Court of Appeal have been reported as [2010] AACR 31.

R(Wiles) v Social Security Commissioner
[2010] EWCA Civ 258, 16.03.10
Appeal against refusal of permission to apply for JR of Commissioner’s refusal of PTA dismissed on the facts – the comparatively long line of authority permitting the court to grant judicial review on orthodox grounds of a decision by a Social Security Commissioner to refuse to give permission to appeal to himself from a decision of the SSAT should not be disturbed at this late stage in its existence.
CIB/3357/2007
The decision of the Court of Appeal has been reported as [2010] AACR 30.

SM (as guardian of the child JM) v Advocate General for Scotland
[2010] CSOH 15, 16 .02.10
Human rights challenge to lower age limit for mobility component
Decision on preliminary questions: whether declaration of incompatibility can be made by way of a petition for Judicial Review in Scotland – whether a declaration of incompatibility can be made in a ‘standalone’ action
Decision of Outer House of Court of Session [2009] CSOH 91 25.06.09

Humphreys v Revenue and Customs
[2010] EWCA Civ 56, 11.02.10
Human rights – Article 14 of the European Convention on Human Rights with Article 8 and Protocol 1-1 – whether payment of child tax credit to principal carer only is discriminatory
CTC/2608/2008 HMRC v DH [2009] UKUT (AAC)
Permission to appeal has been given by the Supreme Court.

Toner–Boyd v Secretary of State
[2010] CSIH 7, 03.02.10
Bereavement benefit – unmarried partner – need to establish a marriage by cohabitation and repute
CSG/648/2007

Back to top

Decisions issued in 2009

Decisions of the Court of Appeal

Pedro v Secretary of State for Work and Pensions
[2009] EWCA Civ 1358, 14.12.09
Right to reside – in order for the claimant to be a dependent family member for the purposes of Article 2 Directive 2004/38/EC, the ECJ’s decision in Jia C–1/05 meant she had to show dependence in the member state of origin.
CPC/1433/2008
The decision of the Court of Appeal has been reported as [2010] AACR 18.

Cotton v Secretary of State for Work and Pensions
[2009] EWCA Civ 1333, 14.12.09
Earnings – period to which accrued holiday pay should be attributed.
DC v Secretary of State for Work and Pensions [2008] UKUT 23 (AAC)
The decision of the Court of Appeal has been reported as [2010] AACR 17.

Novitskaya v LB Brent & Secretary of State for Work and Pensions
[2009] EWCA Civ 1260, 01.1209
Whether a claim for housing benefit can be made for the purposes of the Housing Benefit (General) Regulations 1987 without using explicit wording to indicate that a claim for that benefit is being made.
CH/3530/2007
The decision of the Court of Appeal has been reported as [2010] AACR 6.

Martin v Secretary of State for Work and Pensions
[2009] EWCA Civ 1289, 27.11.09
Whether property purchased in France in the claimant's name was held on trust for the person who provided the purchase money
CIS/213/2004
CIS/214/2004
The decision of the Court of Appeal has been reported as [2010] AACR 9.

Back to top

Wilkinson v Secretary of State for Work and Pensions
[2009] EWCA Civ 1111, 23.10.09
Retirement pension- additional pension – whether guaranteed minimum pension to be deducted from total additional pension or only from the additional pension attributable to contracted- out employment.
GW v SSWP [2008] UKUT 33 (AAC)
The decision of the Court of Appeal has been reported as [2010] AACR 7.

Secretary of State for Defence v Duncan & McWilliams
[2009] EWCA, Civ 1043, 12.10.09
Application of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005 with particular reference to definition of injury and choice of descriptors and interaction of the various Tables. Application of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005 with particular reference to definition of injury and choice of descriptors and interaction of the various Tables
SSD v AD & MM[2009] UKUT 10 (AAC)
The decision of the Court of Appeal has been reported as [2010] AACR 5.

Secretary of State for Work and Pensions v Dias
[2009] EWCA Civ 807, 31.07.09
Right to reside - whether a residence permit confers a right of residence- whether five years' residence as a worker before 30 April 2006 confers a right of permanent residence under Article 18(1) of the EC Treaty.
CIS/185/2008
Reference to ECJ Case C-325/09
Advocate-General’s opinion 17.2.11.

Secretary of State for Work and Pensions v Yates
[2009] EWCA Civ 479, 10.06.09
Uprating of retirement pension for widows abroad
Leave to appeal given by Commissioner on 01.10.08
CP/3638/2006
The decisions of the Commissioner and the Court of Appeal have been reported as R(P) 3/09.

Back to top

Yesiloz (formerly Aykac) v LB Camden and Secretary of State for Work and Pensions [2009] EWCA Civ 415,
20.05.09
Right to reside – national of state that has ratified ECSMA – whether 'Right to Reside' test confined to EU citizens
CH/2321/2007
The decision of the Court of Appeal has been reported as R(H) 7/09

Secretary of State v Wincott
[2009] EWCA Civ 113, 27.02.09
Period in respect of which the conditions in regulation 19(1A) of the Variations Regulations 2000 must be satisfied
Leave to appeal refused by Commissioner on 09.04.08
CCS/2703/2007
The decision of the Court of Appeal has been reported as R(IS) 3/09

Charlton v Secretary of State for Work & Pensions
[2009] EWCA Civ 42, 06.02.09
Whether Personal Capability Assessment must be considered before application of regulation 27.
Whether test of substantial risk to health to be evaluated against specific employments or in the abstract
CIB/143/2007
The decision of the Court of Appeal has been reported as R(IB) 2/09

Ratcliffe v Secretary of State for Defence
[2009] EWCA Civ 39, 03.02.09
Unmarried dependant – whether conditions discriminatory contrary to art 14 of ECHR
CAF/52/2006
The decisions of the Commissioner and the Court of Appeal have been reported as R(AF) 2/09

Back to top

Decisions issued in 2008

Decisions of the House of Lords

Zalewska v DSD [2008] UKHL 67, 12.11.08
Habitual residence – right to reside – A8 nationals – whether amendments to NI regulation 21(3E) (= GB regulation 21(3G)) Income Support (General) Regulations within derogations permitted by the Annex to the Act of Accession 2003
The decisions of the Commissioner C6/05-6IS, the Court of Appeal in N Ireland [2007] NICA 17 and the House of Lords have been reported as R 1/09 (IS)

R (RJM) v Secretary of State for Work and Pensions
[2008] UKHL 63, 22.10.08
Claimant being denied IS disability premium when without accommodation – whether decision discriminatory – whether breach of claimant's human rights – whether income support a possession within Article 1 of protocol 1 of the ECHR
(Appeal against judgment of the Court of Appeal on appeal from the Administrative Court )

Back to top

Decisions of the Court of Appeal

Kaczmarek v Secretary of State for Work & Pensions
[2008] EWCA Civ 1310, 27.11.08
European Union law – free movement – whether a former worker has a right of residence under Article 18(1) of the EC Treaty
Residence and presence conditions – right to reside – scope of Article 18(1) of the EC Treaty
CIS/2358/2006
The decision of the Court of Appeal has been reported as R(IS) 5/09

Jeleniewicz v Secretary of State for Work and Pensions
[2008] EWCA Civ 1163, 23.10.08
Right to reside – whether child' dependent on father – whether sufficient resources to avoid becoming a burden on the social assistance system.
CIS/1545/2007
The decisions of the Commissioner and the Court of Appeal have been reported as R(IS) 3/09

Burley v Secretary of State for Work and Pensions
[2008] EWCA Civ 376, 23.04.08
Residence and presence – exporting of retirement pension to France – Article 10 of Regulation 1408/71 – higher rate retirement pension derived from legislation bringing into force an international social security agreement concluded between the UK and a third state
CP/633/2006
CP/634/2006
The decision of the Court of Appeal has been reported as R(P) 2/08

Casewell v Secretary of State for Work and Pensions
[2008] EWCA Civ 524], 11.03.08
Whether sums paid to a claimant by his spouse as reward for care services provided by the claimant to the spouse are to be taken into account in determining claimant's income
CIS/1068/2006
The decision of the Court of Appeal has been reported as R(IS) 7/08

Secretary of State for Work and Pensions & another v Boyle & other this is a link to an external website
[2008] EWCA Civ 210, 31.01.08
Effective date of a formula assessment made after an interim assessment.
CCS/2621/2006
Heard by Court of Appeal 31.01.08. Appeal allowed.
The decision of the Court of Appeal has been reported as R(CS) 6/08

Back to top

Decisions issued in 2007

Back to top

Decisions issued in 2006

www.judiciary.gov.uk
If your search is of a legal nature, you will find rules, legislation, decisions etc. on this website.

Back to top