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

Cases pending in the higher courts

Supreme Court

Pending cases include:

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. To be heard 28.2.13.

Court of Appeal and Court of Session

To check the latest information on listing of appeals go to HM Court Service Listing Calendar external link icon.

Pending cases include:

Szpak v Secretary of State for Work and Pensions
A8 registration – (whether registration certified under the A8 workers scheme was retrospective to the start date of employment)
MS v Secretary of State for Work and Pensions [2011] UKUT 452 (AAC)
(Same issue as SSWP v ZA [2009] UKUT 294 (AAC), which was settled by a consent order)
Permission to appeal given by Upper Tribunal Judge on 10.11.11
(Block of at least 10 cases in the AAC)
Float on 23-Oct-12 or 24-Oct-12

Gray v Child Maintenance and Enforcement Commission
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)
Float on 25-Oct-12 or 26-Oct-12

Mirga v Secretary of State for Work and Pensions
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)
Float on 04-Dec-12 or 05-Dec-12

Burnip v Birmingham CC
Human rights law – article 14 (non-discrimination) – failure of housing benefit rules to differentiate in favour of disabled claimant B v Birmingham CC (HB) 2011 UKUT 23 AAC
Permission to appeal given by Upper Tribunal Judge on 03.05.11
Hearing concluded, judgment reserved 22-Mar-12
Heard on 22 03 12.
Judgment 15.05.12. (joint with Trengrove and Gorry)
[2012] EWCA Civ 629
The Secretary of State has applied to the Supreme Court for permission to appeal.

Trengove v Walsall MBC
Human rights law – article 14 (non-discrimination) – failure of housing benefit rules to differentiate in favour of disabled claimant Walsall MBC v LT (HB)[2011] UKUT 172 (AAC)
Heard on 22 03 12. See Judgment in Burnip

Gorry v Secretary of State for Work and Pensions and Another
RG v Secretary of State for Work and Pensions and North Wiltshire District Council [2011] UKUT 198 (AAC) Whether special provision required for disabled children unable to share a bedroom.
Heard on 22 03 12. See Judgment in Burnip

Miskovic v Secretary of State for Work and Pensions
Right to reside – proportionality of Accession Regulations – application to person working while temporarily admitted to UK.
PM v SSWP [2009] UKUT 236 (AAC)
Heard on 02.12.10.
Judgment 20.01.11 (joint with Blazej)
[2011] EWCA Civ 16
May be further appeal

Blazej v Secretary of State for Work and Pensions
Right to reside – A8 worker – claimant had not completed 5 years lawful residence at time of claim
Permission to appeal given by Upper Tribunal Judge on 22.02.10
CIS/826/2009 [2010] UKUT 126 (AAC)
Heard on 02.12.10. See Judgment in Miskovic.

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Reference to the Court of Justice of the European Union

Secretary of State for Work and Pensions v Chieza
CIB/2436/2009
Discrimination on ground of sex (Article 7(1)(a) of Directive 79/7) – period of statutory sick pay not counting as “period of incapacity for work” – effect where period of SSP spans date of woman reaching pensionable age of 60
Reference signed by Upper Tribunal (AAC) Judge on 07.10.11

Alarape v Secretary of State for the Home Department
[2011] UKUT 413 (IAC)
Rights of residence for a third country national parent of an adult child in education (himself deriving EU rights from a Union citizen father)
Reference promulgated 10.10.11

Fish Legal v Information Commissioner
[2012] UKUT 177 (AAC)
Whether water companies are public authorities
Reference signed by Upper Tribunal (AAC) Judge on 21.05.12

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Page last updated 12.07.12

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