Recent court decisions

All external links on this page are links to the BAILII website, the United Kingdom Parliament website or the RightsNet website. All other links are links to decisions held on this website.

Details of decisions that are being appealed further can be found on the cases pending in the higher courts page.

• Decisions issued in 2008
• Decisions issued in 2007
• Decisions issued in 2006

Decisions issued in 2008

Burley v Secretary of State for Work and Pensions
[2008] EWCA Civ 376, 23.04.08
Residence and presence – exporting of retirement pension to France –Article 10 of Regulation 1408/71 – higher rate retirement pension derived from legislation bringing into force an international social security agreement concluded between the UK and a third state
CP/633/2006
CP/634/2006
The decision of the Court of Appeal is to be reported as R(P) 2/08

Casewell v Secretary of State for Work and Pensions
[2008] EWCA Civ 524]
Whether sums paid to a claimant by his spouse as reward for care services provided by the claimant to the spouse are to be taken into account in determining claimant's income
CIS/1068/2006
The decision of the Court of Appeal is to be reported as R(IS) 7/08

Secretary of State for Work and Pensions & another v Boyle & other
Effective date of a formula assessment made after an interim assessment.
CCS/2621/2006
Heard by Court of Appeal 31.01.08. Appeal allowed.
The decision of the Court of Appeal has been reported as R(CS) 6/08

Decisions issued in 2007

• Mote v Secretary of State for Work and Pensions and another
  [2007] EWCA Civ 1324, 14.12.07
  Recoverability of overpayment of HB when IS removed. Whether tribunal should adjourn pending criminal proceedings
  CH/1220/2005, CIS/1216/2005
  The decision of the Court of Appeal has been reported as R(IS) 4/08
  
  
• Chandler v Secretary of State for Work and Pensions
  [2007] EWCA Civ 1211 , 29.11.07
  Income – periodical payments to director from small family company
  CCS/2806/2006
  The decision of the Court of Appeal has been reported as R(IS) 2/08
  
  
• Kola and Mirzajani v Secretary of State for Work & Pensions
  [2007] UKHL 54, 28.11.07
  Residence & presence conditions – asylum seeker (‘on arrival’)
  CIS/2463/00 & CIS/2456/00
  The decision of the Court of Appeal has been reported as R(IS) 1/08
  
  
• Commission of the European Communities v the European Parliament and the Council
• European Court of Justice C-299/05, 18.10.07
• Exportability of DLA
• Note: The impact of the ECJ decision on a range of facts is being considered in four cases under appeal to Commissioners. Meanwhile other cases raising these issues are being stayed
  
  
• Couronne and others v Secretary of State for Work and Pensions and others
  [2007] EWCA Civ 1086, 02.11.07 Refusal of exemption from the habitual residence test - whether irrational; and/or discrimination prohibited by the Race Relations Act 1976 and / or Article 14 of the ECHR read with P 1-1 and/or Article 8
  
  
• Secretary of State for work and Pensions v Morina and another
• 2007 EWCA Civ 749, 23.07.07
  Commissioners´ jurisdiction – procedural decision made by legally qualified panel member – whether there is a right of appeal to a Commissioner
• CIS/1363/2005, CIS/2322/2005, CJSA/3742/2005, CHR/3855/2005
• The decision of the Court of Appeal is to be reported as R(IS) 6/07
  
  
• Abdirahman & Ullusow v Secretary of State for Work and Pensions
• 2007 EWCA Civ 657, 05.07.07
  Residence and presence conditions – right to reside – non-economically active nationals of EC or EEA countries – whether "persons from abroad"
• CH/2484/2005
• CIS/3573/2005
• CPC/2920/2005
  The decision of the Court of Appeal is to be reported as R(IS) 8/07
  
  
• R (Hook) v Social Security Commissioner and Secretary of State for Work and Pensions
• [2007] EWHC 1705 (Admin), 03.07.07
• Application for Judicial Review of refusal of leave in – CIS/1757 and 1807/2006 and CH/1822/2006
• Notional capital – capital disposed of by claimant´s partner before she moved in – whether caught by notional capital rules –whether operation of rule in those circumstances in breach of Article 8 of the European Convention on Human Rights (right to family life)
  The decisions of the Commissioner and the Administrative Court are to be reported as R(IS) 7/07
  
  
• R (RJM) v Secretary of State for Work and Pensions
  [2007] EWCA Civ 614, 28.06.07 (appeal from High Court decision)
• Claimant being denied IS disability premium when without accommodation – whether decision discriminatory – whether breach of claimant´s human rights – whether income support a possession within Article 1 of protocol 1 of the ECHR
  
  
• Hooper v Secretary of State for Work and Pensions
  [2007] EWCA Civ 495, 24.05.07
  Recovery of overpayment – permitted work – failure to disclose – impact on CIB/3925/2003 of "B" v Secretary of State for Work and Pensions R(IS) 9/06
  CIB/1146/2005
  The decision of the Court of Appeal is to be reported as R(IB) 4/07
  
  
• Tkachuk v Secretary of State for Work and Pensions
  [2007] EWCA Civ. 515, 16.05.07
  Asylum seeker - backdated claim under regulation 21ZB of the Income Support (General) Regulations -notice to claimant's solicitor of grant of refugee status -whether refusal of benefit on account of the mistake of an agent frustrates the intention of Parliament as expressed in the legislation that a person in the claimant's circumstances should be paid a social security benefit (CIS/4022/2006)
  The decisions of the Commissioner and the Court of Appeal are to be reported as R(IS) 5/07
  
  
• R (Howes) v Child Support Commissioners and Secretary of State for Work and Pensions
  [2007] EWHC 559 (Admin) 28.03.07 (Judicial review decision)
  CCS/2780/2005
  Special reasons for admitting late appeal to Commissioner
  
  
• Secretary of State for Work and Pensions v McNab
  Whether one common sitting of member of tribunal and EMP is apparent bias CSDLA/364/2005
  The claimant has withdrawn from the case and the Court of Session on 20.03.07 discharged the hearing assigned for 21.03.07 and reversed the Deputy Commissioner's decision insofar as it related to the composition of the tribunal.
  
  
• SB v Secretary of State for Work and Pensions
  [2006] EWCA Civ 89, 14.02.07
  Whether arrears that had accumulated as a result of the suspension of payments pending the making of an award that superseded a previous award could be offset against an overpayment due as a result of the subsequent award. CDLA/3742/2004
  The decision of the Court of Appeal is to be reported as R(DLA) 2/07

Decisions issued in 2006

• Secretary of State for Work and Pensions v Roach
  [2006] EWCA Civ 1746, 20.12.06
  Reduced benefit direction – “harm or undue distress” – subjective test of degree of distress (CIS/2482/2005)
  The decision of the Court of Appeal is to be reported as R(IS) 3/07
  
  
• Jayawardhana v Secretary of State for Work and Pensions
  EWCA Civ 1865, 19.12.06
  Whether State second pension provisions should be applied retrospectively (CP/40/2005)
  
  
• Menary-Smith v Secretary of State for Work and Pensions
  [2006] EWCA Civ 1689, 14.12.06
  When are payments of child support maintenance due from an absent parent? Offset of child support maintenance against income support entitlement of parent with care where absent parent in arrears (CIS/2455/2004)
  
  
• Smith v Secretary of State for Work & Pensions and another
  [2006] UKHL 35, 12.07.06 Departure direction – lifestyle inconsistent – self–employed earner – "total taxable profits" (CCS/2858/2002)
  The decision of the Court of Appeal has been reported as R(CS) 6/06
  
  
• Secretary of State v Wilson
  [2006] EWCA Civ 882, 29.06.06 NI number requirement – whether applies to partner with no recourse to public funds (CH/3801/2004)
  The decision of the Court of Appeal has been reported as R(H) 7/06
  
  
• Levy v Secretary of State for Work and Pensions
  [2006] EWCA Civ 890, 24.05.06 Date of claim where receipt by Secretary of State delayed by mishandling by Royal Mail – vires of regulation 6 Claims and Payments Regulations – application of section 7 Interpretation Act 1978 (CG/2973/2004)
  The decision of the Court of Appeal has been reported as R(G) 2/06
  
  
• Secretary of State for Work and Pensions v Westgate
  [2006] EWCA Civ 725, 05.04.06 PD A11 vibration white finger – whether use of percussive tools in the bedding industry within the scope of the prescribed occupations (CI/207/2004)
  The decision of the Court of Appeal has been reported as R(I) 1/06)
  
  
• Secretary of State v Doyle
  [2006] EWCA Civ 466 27.04.06 Exempt work – calculation of earnings (CIB/4174/2003) The decision of the Court of Appeal has been reported as R(IB) 1/06
  
  
• Richards v Secretary of State for Work and Pensions
  C– 423/04 27.04.06 Judgment of European court of Justice in 27.04.06 Male to female transsexual who had gender re–assignment surgery, and claimed retirement pension as for a female ie over 60 & under 65). (Reference by Commissioner in CP/428/2004)
  The decision of the European Court of Justice is to be reported as R(P) 1/07.
  
  
• Stec & others v UK (formerly Hepple & others v UK)
• Applications nos. 65731/01 & 65900/01 12.04.06 Reduced earnings allowance/retirement allowance – link with pension ages – sex discrimination – whether non–contributory benefits within the scope of P 1–1
  
  
• Collins v Secretary of State for Work & Pensions
  [2006] EWCA Civ 376 04.04.06 Treated as habitually resident – work–seeker who had previously worked in UK CJSA/4065/1999 following Judgment of European Court of Justice on reference on question of whether claimant was a European worker or had right to reside. The decisions of the European Court of Justice and the Court of Appeal are has been reported as R(JSA) 3/06
  
  
• Esfandiari and others v Secretary of State for Work and Pensions
  [2006] EWCA Civ 282 23.03.06 Funeral payments – funerals outside UK – whether indirect discrimination is within Art 14 (CIS 1870/2003; CIS/2302/2003; CIS/2305/2003; CIS/2624/2003) The decision of the Court of Appeal has been reported as R(IS) 11/06
  
  
• Secretary of State for Work and Pensions v M
  [2006] UKHL 11, 08.03.06 Discrimination – gay and heterosexual couples (CCS/1153/2003) The decision of the House of Lords is has been reported as R(CS) 4/06
  
  
• Secretary of State for Work and Pensions v Bhakta
  [2006] EWCA Civ 65 15.02.06 Habitual residence – whether tribunal can find claimant habitually resident from date later than decision under appeal (CIS/1840/2004; CIS/3280/2003) The decisions of the Commissioner and the Court of Appeal have been reported as R(IS) 7/06
  
  
• Secretary of State v Selby DC & Bowman
  [2006] EWCA Civ 271 13.02.06 Occupation of the home – entry into residential accommodation on a trial basis – position where residence becomes permanent (CH/1854/2004) The decision of the Court of Appeal has been reported as R(H) 4/06
  
  
• Secretary of State for Work & Pensions v James Gillies
  [2005] UKHL 2 26.01.06 This is the decision of the House of Lords on the appeal against the decision of the Court of Session (25.11.03), allowing the Secretary of State's appeal against the decision of the Tribunal of Commissioners in CSDLA/1019/1999 on the question of bias where a medical member of a tribunal is also an EMP or approved doctor.

Page last updated 20 August 2008

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