Cases pending in the higher courts
Court of Appeal
To check the latest information on listing of appeals go to HM Court Service Listing Calendar 
.
Pending cases include:
Patmalniece v Secretary of State for Work and Pensions
CPC/1072/2006
Right to reside – whether condition contrary to Article 3 Regulation (EEC) 1408/71
Leave to appeal to Court of Appeal granted to claimant by Commissioner on 15.07.08
Secretary of State v Lassal
Whether residence before 30.04.06 and under provisions other than Directive 2004/38/EC count towards permanent residence
CIS/4299/2007
Leave to appeal to Court of Appeal granted to Secretary of State by Commissioner on 30.06.08
Thompson and another v Secretary of State for Defence
Armed Forces Compensation Scheme – relationship between articles 9 and 10 – journeys to work. – called out to an emergency – meaning of emergency.
CAF/2150/2007
Leave to appeal granted to claimant by Court of Appeal on 11.06.08
Toner-Boyd v Secretary of State
Bereavement benefit – unmarried partner – need to establish a marriage by cohabitation and repute
CSG/648/2007
Leave to appeal to Court of Session granted to claimant by Commissioner
Secretary of State v Wincott
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
Leave to appeal to Court of Appeal granted to Secretary of State by Court of Appeal on 25.06.08
Fixed for hearing 26.11.08
Secretary of Work and Pensions v Scullion
Whether claimant suffering cardiac arrest required to show that injury resulted from identifiable event
CI/2842/2006
Leave to appeal to Court of Appeal granted to Secretary of State by Court of Appeal on 14.07.08
Window of 28 October 08 to 02 March 09
Kaczmarek v Secretary of State for Work & Pensions
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
Leave to appeal to Court of Appeal granted to claimant by Commissioner on 06.03.08
Provisional hearing dates 13 & 14 October 2008
Charlton v Secretary of State for Work & Pensions
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
Leave to appeal granted by Commissioner 01.11.07
Window of 21 May 08 to 31 Oct 08
Jeleniewicz v Secretary of State for Work and Pensions
Right to reside – whether child' dependent on father – whether sufficient resources to avoid becoming a burden on the social assistance system.
CIS/1545/2007
Permission to appeal refused by Commissioner 12.11.07.
Permission to appeal granted by Court of Appeal 06.03.08
Provisional hearing dates 10-Jul-08 or 11-Jul-08
Ratcliffe v Secretary of State for Defence
Unmarried dependant – whether conditions discriminatory contrary to art 14 of ECHR
CAF/52/2006
Leave to appeal granted by Court of Appeal 15.07.07
Provisional hearing dates 28 or 29 Oct-08
McAuslane v Secretary of State for Work and Pensions
Human rights – Article 14 with P1–1 – whether indirect discrimination in home responsibility protection provisions
CP/4017/2006
Leave granted by Court of Appeal 18.10.07
Withdrawn
Zalewska v DSD GIRC 5817, 09.05.07 (Northern Ireland Court of Appeal)
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 (C6/05-6IS)
Leave to appeal to the House of Lords granted by House of Lords 15.11.07. Provisional hearing dates 23 & 24 July 2008
European Court of Human Rights
B v UK
[2005] EWCA Civ 929. Reported as R(IS) 9/06
Claimant has petitioned the European Court of Human Rights regarding refusal of leave to appeal by House of Lords – November 2006
Jackson v UK
Retirement pension – persons abroad – whether non–payment of cost of living increases contrary to Art.14 (The same issue as Carson [2005] UKHL 37)
Page last updated 20 August 2008
