HM Courts & Tribunals Service (HMCTS) with effect from 1 April 2011
Highlighted decisions October 2011
Great Britain and Northern Ireland decisions highlighted by the Editorial Board in October 2011
Care standards
BS v General Social Care Council [2011] UKUT 265 (AAC)
HC/2455/2010
Registration of social workers – student social worker found unfit to practise by his University – whether correctly dealt with under the Registration Rules rather than the Conduct Rules – whether information from the University was a "complaint"
Consumer credit
Log Book Loans Ltd v OFT [2011] UKUT 280 (AAC)
GC/1048/2011
Whether a party may be permitted to resile from an agreement not to appeal against a preliminary issue – whether bill of sale void where borrower's signature witnessed by the individual who acted on behalf of the lender company in the transaction
Disability living allowance
Secretary of State for Work and Pensions v JL (DLA) [2011] UKUT 293 (AAC)
CDLA/1340/2009
Suspension of payment where DLA claimant goes into long-term residential care
Supersession – date of effect of superseding decision – whether 2006 amendment to regulation 7 of the Decisions & Appeals Regulations retrospective
Employment and support allowance
Secretary of State for Work and Pensions v PT (ESA) [2011] UKUT 317 (AAC)
CE/52/2011
Whether claimant entitled to work–related activity component (WRAC) from beginning of linking period, having previously been entitled to WRAC before a very short period of work
European Law
AW v Her Majesty’s Revenue and Customs (TC) [2011] UKUT 322 (AAC)
CTC/2520/2010
Exportability of child tax credit to an EEA country – whether child tax credit paid to a retirement pensioner is a family allowance or an increase or supplement to a pension for Regulation (EEC) 1408/71 and therefore exportable – whether Regulation (EC) 883/2004 extended to EEA states outside the EU
Housing benefit
KW v Lancaster City Council (HB) [2011] UKUT 266 (AAC)
CH/1868/2010
Arrears of child support maintenance – whether income and whether overpayment recoverable – no official error by CSA as the substantial cause of the overpayment was the default of the non–resident parent
DH v Kirklees Metropolitan Borough Council (HB) [2011] UKUT 301 (AAC)
CH/1073/2010
Liability to former partner – whether reg 9(1)(c) applied only to immediate former partner – whether ultra vires – whether contrary to European Convention
Glasgow City Council v AL (HB) [2011] UKUT 354 (AAC)
CSH/168/2010
Proper test to be applied by tribunals in Scotland in determining whether a claimant has legal capacity to enter a contract of lease
Human rights
AY v Secretary of State for Work and Pensions (RP) UKUT 324 (AAC)
CP/3638/2006
Freezing Category B pension of widows when Category B pension of widowers was not frozen – whether infringed Article 14 of European Convention on Human Rights
Industrial Injuries
JL v Secretary of State for Work and Pensions (II) [2011] UKUT 294 (AAC)
CI/2407/2010 CI/754/2011
Whether disablement suffered despite artificial joints is attributable to osteoarthritis of the knee (Prescribed Disease A14)
Information rights
Information Commissioner v HMRC [2011] UKUT 296 (AAC)
GIA/3016/2010
Whether information Commissioner bound to direct authority to take steps to comply with a requirement where subsequent events mean disclosure would be unlawful
Local government standards
JP v Standards Committee of Surrey CC [2011] UKUT 316 (AAC)
GLGSE/2356/2009
What standard should be applied on an application for permission to appeal to the First–tier Tribunal against the decision of an administrative decision–maker on an issue of fact or judgment – whether the tribunal properly applied that standard
Mental Health
DN v Northumberland Tyne and Wear NHS Foundation Trust [2011] UKUT 327 (AAC)
HM/226/2011
Relevance of possibility of deprivation of liberty under Mental Capacity Act 2005 when considering whether to discharge from detention under Mental Health Act 1983
MB v BEHMH NHST [2011] UKUT 328 (AAC)
HM/803/2011
Periods during which applications by restricted patients permitted – fair hearing and natural justice – whether judge’s manner of advising patient to withdraw gave rise to reasonable apprehension that he had formed a preconceived concluded opinion
Safeguarding vulnerable groups
SJB v Independent Safeguarding Authority [2011] UKUT 286 (AAC)
V/693/2010
ISA unable to consider merits of old listing in transitional case but could consider an early review
XY v Independent Safeguarding Authority [2011] UKUT 289 (AAC)
V/3024/2010
No error in applying burden of proof despite ineptly worded decision letter – no absolute right to oral hearing before ISA
SB v Independent Safeguarding Authority [2011] UKUT 404 (AAC)
V/2490/2010
Interpretation of s4(3) SVGA 2006 – disproportionate decision to retain someone’s name on the barred list might be an error of law
