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 2012

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)

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 has applied to the Supreme Court for permission to appeal

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)
To be 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)
To be 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 to be 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 to be 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 to be 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
To be reported as [2012] AACR 39

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 to be 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 to be 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 to be 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
May be appealed further
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 to be 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 to be 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 to be 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.

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. To be heard 25.7.12.

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)
May be further appeal

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.

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

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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.

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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.

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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

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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 )

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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

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Decisions issued in 2007

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Decisions issued in 2006

Page last updated 26.07.12

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