HM Courts & Tribunals Service (HMCTS) with effect from 1 April 2011
Highlighted decisions July 2012
Great Britain and Northern Ireland decisions highlighted by the Editorial Board in July 2012
Criminal Injuries Compensation
R (RS) v F-tT (CIC) [2012] UKUT 205 (AAC)
Relevant considerations for identifying the “occasion when the other person sustained the injury” and the “immediate aftermath” – F-tT erred in accepting opinion evidence of police officer as to when the “occasion” ended.
Employment and Support Allowance
CJ v SSWP (ESA) [2012] UKUT 201 (AAC)
Exemptions- meaning of "in-patient"- recovery from in-patient treatment- R(I) 27/59 distinguished.
KH v Secretary of State for Work and Pensions (ESA) [2012] UKUT 225 (AAC)
Evidence of need to consume alcohol before engaging in social activities raises the question whether the claimant would need to consume alcohol before engaging in work and therefore whether there would be risk to his or another person’s health for regulation 29.
European Union law
JA v Secretary of State for Work and Pensions (ESA) [2012] UKUT 122 (AAC)
Whether an illegal contract of employment prevents the employee being a worker for EU purposes.
Industrial Injuries
JR v Secretary of State for Work and Pensions (II) [2012] UKUT 204 (AAC)
Prescribed disease D8A– primary carcinoma of the lung – whether occupation as a scaffolder falls within its compass
JGV v Secretary of State for Work and Pensions (II) [2012] UKUT 208 (AAC)
Prescribed disease A14 – osteoarthritis of the knee in coal miners –- whether definition includes the kneecap.
Information Rights
Fish Legal v Information Commissioner [2012] UKUT 177 (AAC)
Whether “public authority” has an autonomous EU meaning.
LB Camden v YV [2012] UKUT 190 (AAC)
The social and financial consequences of crime to be taken into account in assessing public interest – power to correct decision without review is limited.
Mental Health
EC v Birmingham and Solihull Mental Health NHS Trust [2012] UKUT 178 (AAC)
A restricted patient has no right to ask for an extra-statutory recommendation so that a refusal cannot be challenged
Special Educational Needs
R (LR) v F-tT & Hertfordshire CC [2012] UKUT 213 (AAC)
A consent order is a decision that may be reviewed or set aside – in s 324 of the Education Act 1996, concerned with the naming of a school in a statement, “type” has no technical meaning.
SC v The Learning Trust (SEN) [2012] UKUT 214 (AAC)
Whether a decision of the First-Tier Tribunal that an academy be named in a statement is enforceable.
War pensions and armed forces compensation
Secretary of State for Defence v RC (WP) [2012] UKUT 229 (AAC)
Whether there is a right of appeal against a refusal to review.
Page last updated 26 July 2012
