HM Courts & Tribunals Service (HMCTS) with effect from 1 April 2011
Decisions of Three–Judge Panels in the last 12 months
The following cases have been decided by a Three–Judge Panel, which has the same status as the former Tribunals of Commissioners. See paragraph 37 of Dorset Healthcare Trust v MH [2009] UKUT 4 (AAC) for current guidance on that status.
Criminal injuries – judicial review
R (RS) v First-tier Tribunal (CIC) [2012] UKUT 205 (AAC) 14.06.12
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.
Exportability of DLA care component
Secretary of State for Work and Pensions v LT [2012] UKUT 282 (AAC) 19.07.12
Whether care component of DLA exportable where claimant leaves United Kingdom permanently.
Information rights
The significance which should properly be attached to legal professional privilege (LPP), (a) in determining whether the qualified exception from disclosure in regulation 12(5)(b) of the Environmental Information Regulations 2004 (EIR) applies, and if so (b) in weighing the competing public interests for and against maintaining the exception.
Note: Information rights cases transferred from the First-tier Tribunal under discretionary transfer powers are currently heard by three-member panels, consisting of members from the Upper Tribunal (AAC) and from the First-tier Tribunal, and are included in the list of cases on the Information Tribunal’s decisions page
Mental Health
Secretary of State for Justice v RB [2010] UKUT 454 (AAC) 20.12.11
Mental health – deferred conditional discharge with condition of residence in a care home – whether conditional discharge lawful if conditions amount to detention.
Upper Tribunal jurisdiction
Secretary of State for Justice v RB [2010] UKUT 454 (AAC) 20.12.11
Upper Tribunal – judicial precedent – whether Upper Tribunal bound by decisions of the High Court exercising its supervisory role
MB v First-tier Tribunal and Criminal Injuries Compensation Authority [2012] UKUT 286 (AAC) 31.07.12.
NF v First-tier Tribunal and Criminal Injuries Compensation Authority [2012] UKUT 287 (AAC) 31.07.12.
Scotland – whether case is one "arising under the law of England and Wales" for purposes of Tribunals, Courts and Enforcement Act 2007 s.15(1)
War pensions and armed forces compensation – procedure
Secretary of State for Defence v RC (WP) [2012] UKUT 229 (AAC) 27.06.12.
Whether a Secretary of State's decision to refuse to review under article 44 of the 2006 Service Pensions Order is appealable to a First-tier Tribunal under the 1943 Act.
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