Forthcoming decisions of 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.
Criminal injuries compensation
JR/1510/2009 (HW)
Whether “a reckless assault”, is a crime and, if so, whether it is necessarily a crime of violence
JR/1860/2009 (GJ)
Whether suicide on a road may involve a crime of violence
JR/1739/2009 (CB)
Whether making a false claim of rape amounts to a crime of violence
An oral hearing is to be held on 24.05.10
DLA and residential care
CDLA/1340/2009
Payability of DLA while claimant in publicly funded residential care; agreement between claimant and LA re deferral of payment of self-funded fees pending sale of house; whether DLA entitlement can only restart from date the existence of agreement was notified to the DWP
An oral hearing is to be held on 11.05.10
Recovery of overpayment – computer interface
CG/2739/2009
(PT)
Whether the existence of a computer interface between the attendance allowance unit and the carer's allowance unit is relevant to the recoverability of an overpayment of carer's allowance following the cessation of payment of attendance allowance and, if so, how
An oral hearing is to be held on 24.06.10
Special educational needs
HS/800/2010
(Dudley MBC v Mr & Mrs S)
Whether, and if so when, transport costs are relevant in statements of special educational needs.
Date for oral hearing not yet fixed.
Tribunal practice
Contempt powers
- CDLA/636/2010 (MD)
- Reference to the Upper Tribunal in England under rule 7 First-tier Tribunal rules for the UT to use its contempt powers. The FtT summonsed a doctor who did not appear. An oral hearing is to be held on 10.06.10
Hearing in private
- M/84/2010
- (AH)
- Whether the First-tier Tribunal erred in refusing the patient's application that it sit in public in a mental health case
- An oral hearing is to be held on 02.07.10
Jurisdiction in Mental Health Cases
- M/1089/2009
- M/1152/2009
- M/1877/2009
- Jurisdiction of powers of tribunal when a patient applies, or a matter is referred, in respect of detention under one provision, but that detention has come to an end and been replaced by a different order by the date of the tribunal hearing
An oral hearing was held in M/1089/2009 & M/1152/2009 on 06.08.09 - A further oral hearing in all three cases is to be held on 28.04.10.
Jurisdiction of First-tier tribunal and rights of appeal
- CH/1758/2009
- JR 2204/2009
- Whether the First-tier Tribunal has power to set aside a grant of permission to appeal made beyond the absolute time limit and whether such a set-aside decision of refusal to grant an extension of time is appealable
- Date for oral hearing not yet fixed
Review powers
- JR/3066/2009
- Whether the First-tier Tribunal should have granted permission to appeal rather than reviewing its decision
- An oral hearing is to be held on 05.05.10
Page last updated 28 April 2010
