HM Courts & Tribunals Service (HMCTS) with effect from 1 April 2011
Highlighted decisions December 2011
Great Britain and Northern Ireland decisions highlighted by the Editorial Board in December 2011
Criminal injuries compensation
R (MJ) v F-tT (CIC) [2011] UKUT 402 (AAC)
JR/1038/2011
2008 Scheme does not require an alleged victim of sexual abuse as a child to claim within two years of reaching adulthood.
European Union Law
ML v SSWP (IB) [2011] UKUT 390 (AAC)
CIB/1325/2009
Article 40 of Regulation 1408/71 (EEC) applies to long–term incapacity benefit, rather than Article 37 – Article 48 requires actual insurance for one year and Article 48(3) does not apply when a claimant fails to qualify for invalidity benefit in Poland under Polish domestic law
Freedom of Information
Pricewaterhouse Coopers v HMRC [2011] UKUT 372 (AAC)
GIA/1205/2010
Prohibition of disclosure by HMRC in s.18(1) Commissioner for Revenues and Customs Act 2005 applies to Freedom of Information request without exceptions in s.18(2) and (3) so that taxpayer’s consent is irrelevant
Jurisdiction
IB v IC [2011] UKUT 370 (AAC)
GIA/668/2011
First–tier Tribunals and Upper Tribunal are courts for the purpose of a civil proceedings order made against a vexatious litigant – Upper Tribunal cannot give permission to proceed
Right to reside
RJ v SSWP (JSA) [2011] UKUT 477 (AAC)
CSJSA/563/2010
A claimant may be self–employed even though not working but cannot retain that status as a ‘worker’ under Article 7(3)(b) of Directive 2004/38/EC after ceasing self–employment – Upper Tribunal in Scotland will follow decision of Court of Appeal unless it is clearly wrong (Tilianu and Patmalniece followed)
Safeguarding vulnerable groups
VT v ISA [2011] UKUT 427 (AAC)
V/208/2011
Failure of ISA to follow published procedures is an error of law – once grounds for a valid appeal has been shown, Upper Tribunal (AAC) was not barred (by s.4(3)) of the Safeguarding Vulnerable Groups Act 2006 from determining the issue of appropriateness afresh under s.4(6) – rational approach to evaluating evidence
Special Educational Needs
LB v Kent CC (SEN) [2011] UKUT 405 (AAC)
HS/556/2011
First–tier Tribunal did not err in ignoring an incomplete Learning Difficulty Assessment when asked to do so in a post–school age SEN case
War pensions and armed forces compensation
SSD v LA (WP) [2011] UKUT 391 (AAC)
CAF/2011/2011
No presumption that a party’s disclosure is conclusive as to relevant documents held
