HM Courts & Tribunals Service (HMCTS) with effect from 1 April 2011

Cases pending before Three–Judge Panels

The following cases will be decided by Three-Judge Panels, which have the same status as the former Tribunals of Commissioners. See Dorset Healthcare Trust v MH [2009] UKUT 4 (AAC) at paragraph 37 for current guidance.

Employment and Support Allowance

JR/2638/2010 & JR/2639/2012
Whether the duty under section 20 of the Equality Act 2010 can be enforced by judicial review. Whether the Department for Work and Pensions is in breach of its duty to make adjustments in respect of those with mental health problems when undertaking the preliminary stages of a work capability assessment.

Information Rights

GIA/158/2012
Whether the Duchy of Cornwall has legal personality and is carrying out functions of public administration such as to be a "public authority" for purposes of the Environmental Information Regulations

Residence and presence conditions – right to reside

CIS/886/2008
Whether primary carer of a UK national has right to reside – effect of CJEU decision in Ruiz Zambrano v Office national de l’emploi (ONEm) Case C-34/09 following judgment in Dereci and Others v Bundesministerium für Inneres C-256/11

Traffic Commissioners

How and to what extent hauliers from other EC Member States, in particular, the Republic of Ireland, are permitted to operate in this country without a GB Operator's Licence
Whether law re impounding complies with Article 1 of the First Protocol to the European Convention on Human Rights

Tribunal procedure

CDLA/635/2012

Statements of reasons – meaning of "amend reasons" in section 9(4)(b) of the Tribunals, Courts and Enforcement Act 2007.

CE/1039/2011 and CDLA/333/2011
CE/697/2011 and CDLA/698/2011
CE/2189/2011 and CDLA/2187/2011

Whether it is permissible to hold a combined hearing in cases covering both DLA and ESA and if so how it may lawfully be conducted.

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