Cases pending in the higher courts

Court of Appeal and Court of Session

To check the latest information on listing of appeals go to HM Court Service Listing Calendar external link icon.

Pending cases include:

Blazej v Secretary of State for Work and Pensions
Right to reside – A8 worker – claimant had not completed 5 years lawful residence at time of claim
Permission to appeal given by Upper Tribunal Judge on 22.02.10
CIS/826/2009 [2010] UKUT 126 (AAC)
Window of 13.09.10 to 12.01.11

Secretary of State for Work and Pensions v Catrell
Reg 27(b) – treated as incapable of work – latex allergy Permission to appeal given by Upper Tribunal Judge on 22.02.10
CIS/256/2009 [2010] UKUT 127 (AAC)

Hamilton v Department of Social Development N Ireland
Decision made but not notified to claimant – whether lack of notice could be ‘perfected’ at a later stage. Permission granted by N Ireland Court of Appeal in February 2010
C10/07-08(IS)

Secretary of State for Work and Pensions v Elmi
Worker status – being in ‘duly recorded involuntary unemployment’ – whether requires the making of a valid claim for jobseeker’s allowance
Permission to appeal to the Court of Appeal was given to the Secretary of State by the Three-Judge Panel on 04.05.10.
SSWP v FE [2009] UKUT 287 (AAC)
(Three-Judge Panel)
Window of 16.11.10 to 16.03.11

R (CPAG) v Secretary of State for Work and Pensions
HC judgment 29.02.09 [2009] EWHC 341 (Admin)
Overpayment recovery at common law
Heard on CA 09.07.09
The Supreme Court gave the Secretary of State permission to appeal in March 2010.

Patmalniece v Secretary of State for Work and Pensions
[2009] EWCA Civ 621, 25.06.09
Right to reside – whether condition contrary to Article 3 Regulation (EEC) 1408/71
CPC/1072/2006
The Supreme Court gave permission to appeal on 03.03.10. Hearing date 29.11.10.

R (Cart) v Upper Tribunal and others R (Cart) v UT and others
Whether Administrative Court has power of Judicial Review against Upper Tribunal.
Judgment [2009] EWHC 3052, 01.12.09
Permission has been given to appeal to Court of Appeal against the judgment in relation to the Upper Tribunal CCS/1296/2008.
[2009] UKUT 62 (AAC)
Heard on 19.07.10 to 20.07.10. Awaiting reserved judgment.

Kirij v Secretary of State for Work and Pensions European law - Permanent residence – residence before accession
Permission to appeal given by Court of Appeal
Heard on 28.10.09
Allowed to the extent that the Commissioner erred in law in deciding that European Communiy law does not apply where the claimant's settled in the UK before becoming EU citizens. To come back to Court of Appeal after findings of fact by First-tierTribunal, with possibility of reference to European Court of Justice.
CPC/2134/2007

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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
Referred to the European Court of Justice on 10.03.09 [2009] EWCA Civ 157

Advocate General’s opinion given 11.05.10

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) external link icon

Page last updated 19 July 2010

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