Decisions of superior Courts since 2006

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

Decisions issued in 2010

Secretary of State for Work and Pensions v Deane
[2010] EWCA Civ 699, 23.06.10 Carer's allowance - full time education - test under regulation 5(1) of ICA regulations is whether the claimant actually devotes more than 21 hours to course (excluding unsupervised study)
CCG/3189/2004 not followed
CG/449/2008 [2009] UKUT 46 (AAC)

Timbrell v Secretary of State for Work and Pensions
[2010] EWCA Civ 701, 22.06.10 Pension rights of transgender people not fulfilling all GRA conditions - pre & post GRA. Position where male to female transgender person remains married to original spouse whilst otherwise fulfilling criteria for gender change.
CT v SSWP[2009] UKUT 49 (AAC)

Malekout v SSWP
[2010] EWCA Civ 162, 02.02.10 Why injury benefit paid as part of NHS pension is not a personal injury payment or disregarded compensation
CIS/1215/2008
The decision of the Court of Appeal is to be reported as [2010] AACR 28

DMcF v Secretary of State for Work and Pensions
[2010] CSIH 26, 12.0210
Entitlement to mental health descriptor points in absence of evidence of specific mental illness or disablement.

Secretary of Work and Pensions v Scullion
[2010] EWCA Civ 310, 23.03.10
Whether claimant suffering cardiac arrest required to show that injury resulted from identifiable event CI/2842/2006
The decision of the Court of Appeal is to be reported as [2010] AACR 29

HMRC v Ruas
[2010] EWCA Civ 291, 23.03.10
Residence and presence conditions: presence – European Union Law: Council Regulation 1408/71/EEC – a person with Portuguese nationality was entitled to claim United Kingdom child benefit for his children resident in Portugal in circumstances where he lived and had worked in the UK but ceased to work on the ground of incapacity some time before he claimed the benefit.
JR v HMRC [2009] UKUT 18 (AAC)
Permission to appeal to the Supreme Court refused 28.06.10
The decisions of the Upper Tribunal and the Court of Appeal are to be reported as [2010] AACR31.

Opinion of Lord Glennie in the petition of Eba
[2010] CSOH 45, 31.03.10
Refusal of permission to appeal to the Upper Tribunal in relation to a claim for social security benefits – not amenable to judicial review save in exceptional circumstances

R(Wiles) v Social Security Commissioner
[2010] EWCA Civ 258, 16.03.10
Appeal against refusal of permission to apply for JR of Commissioner’s refusal of PTA dismissed on the facts – the comparatively long line of authority permitting the court to grant judicial review on orthodox grounds of a decision by a Social Security Commissioner to refuse to give permission to appeal to himself from a decision of the SSAT should not be disturbed at this late stage in its existence.
CIB/3357/2007
The decision of the Court of Appeal is to be reported as [2010] AACR 30

SM (as guardian of the child JM) v Advocate General for Scotland
[2010] CSOH 15, 16 .02.10
Human rights challenge to lower age limit for mobility component

Decision on preliminary questions: whether declaration of incompatibility can be made by way of a petition for JR in Scotland – whether a declaration of incompatibility can be made in a ‘standalone’ action
CSOH 91, 25.06.09
An appeal will be heard in the Inner House of the Court of Session.

Humphreys v Revenue and Customs
[2010] EWCA Civ 56, 11.02.10
Human rights – Article 14 of the European Convention on Human Rights with Article 8 and Protocol 1-1 – whether payment of child tax credit to principal carer only is discriminatory
CTC/2608/2008 HMRC v DH [2009] UKUT (AAC)
Application has been made for permission to appeal to the Supreme Court.

Toner–Boyd v Secretary of State
[2010] CSIH 7, 03.02.10
Bereavement benefit – unmarried partner – need to establish a marriage by cohabitation and repute
CSG/648/2007

Decisions issued in 2009

Decisions of the Court of Appeal

Pedro v Secretary of State for Work and Pensions
[2009] EWCA Civ 1358, 14.12.09
Right to reside – in order for the claimant to be a dependent family member for the purposes of Article 2 Directive 2004/38/EC, the ECJ’s decision in Jia C-1/05 meant she had to show dependence in the member state of origin.
CPC/1433/2008
The decision of the Court of Appeal has been reported as [2010] AACR 18.

Cotton v Secretary of State for Work and Pensions
[2009] EWCA Civ 1333, 14.12.09
Earnings – period to which accrued holiday pay should be attributed.
DC v Secretary of State for Work and Pensions [2008] UKUT 23 (AAC)
The decision of the Court of Appeal has been reported as [2010] AACR 17.

Novitskaya v LB Brent & Secretary of State for Work and Pensions
[2009] EWCA Civ 1260, 01.1209
Whether a claim for housing benefit can be made for the purposes of the Housing Benefit (General) Regulations 1987 without using explicit wording to indicate that a claim for that benefit is being made.
CH/3530/2007
The decision of the Court of Appeal has been reported as [2010] AACR 6.

R (Cart) v UT and others
[2009] EWHC 3052, 01.12.09
Whether Administrative Court has power of Judicial Review against Upper Tribunal
Permission has been given to appeal to Court of Appeal against the judgment in relation to the Upper Tribunal. Heard 30.06.10. Awaiting reserved judgment.
CCS/1296/2008
RC v Secretary of State for Work and Pensions [2009] UKUT 62 (AAC)

Martin v Secretary of State for Work and Pensions
[2009] EWCA Civ 1289, 27.11.09
Whether property purchased in France in the claimant's name was held on trust for the person who provided the purchase money
CIS/213/2004
CIS/214/2004
The decision of the Court of Appeal has been reported as [2010] AACR 9.

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Wilkinson v Secretary of State for Work and Pensions
[2009] EWCA Civ 1111, 23.10.09
Retirement pension- additional pension – whether guaranteed minimum pension to be deducted from total additional pension or only from the additional pension attributable to contracted- out employment.
GW v SSWP [2008] UKUT 33 (AAC)
The decision of the Court of Appeal has been reported as [2010] AACR 7.

Secretary of State for Defence v Duncan & McWilliams
[2009] EWCA, Civ 1043, 12.10.09
Application of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005 with particular reference to definition of injury and choice of descriptors and interaction of the various Tables. Application of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005 with particular reference to definition of injury and choice of descriptors and interaction of the various Tables
SSD v AD & MM[2009] UKUT 10 (AAC)
The decision of the Court of Appeal has been reported as [2010] AACR 5

Secretary of State for Work and Pensions v Dias
[2009] EWCA Civ 807, 31.07.09
Right to reside - whether a residence permit confers a right of residence- whether five years' residence as a worker before 30 April 2006 confers a right of permanent residence under Article 18(1) of the EC Treaty
CIS/185/2008

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 granted permission to appeal on 03.03.10. The full hearing will be on 29.11.10.

Secretary of State for Work and Pensions v Yates
[2009] EWCA Civ 479, 10.06.09
Uprating of retirement pension for widows abroad
Leave to appeal given by Commissioner on 01.10.08
CP/3638/2006
The decisions of the Commissioner and the Court of Appeal have been reported as R(P) 3/09

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Yesiloz (formerly Aykac) v LB Camden and Secretary of State for Work and Pensions [2009] EWCA Civ 415,
20.05.09
Right to reside – national of state that has ratified ECSMA – whether 'Right to Reside' test confined to EU citizens
CH/2321/2007
The decision of the Court of Appeal has been reported as R(H) 7/09

Secretary of State v Wincott
[2009] EWCA Civ 113, 27.02.09
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
The decision of the Court of Appeal has been reported as R(IS) 3/09

Charlton v Secretary of State for Work & Pensions
[2009] EWCA Civ 42, 06.02.09
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
The decision of the Court of Appeal has been reported as R(IB) 2/09

Ratcliffe v Secretary of State for Defence
[2009] EWCA Civ 39, 03.02.09
Unmarried dependant – whether conditions discriminatory contrary to art 14 of ECHR
CAF/52/2006
The decisions of the Commissioner and the Court of Appeal have been reported as R(AF) 2/09

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Decisions issued in 2008

Decisions of the House of Lords

Zalewska v DSD [2008] UKHL 67, 12.11.08
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
The decisions of the Commissioner C6/05-6IS, the Court of Appeal in N Ireland [2007] NICA 17 and the House of Lords have been reported as R 1/09 (IS)

R (RJM) v Secretary of State for Work and Pensions
[2008] UKHL 63, 22.10.08
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
(Appeal against judgment of the Court of Appeal on appeal from the Administrative Court )

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Decisions of the Court of Appeal

Kaczmarek v Secretary of State for Work & Pensions
[2008] EWCA Civ 1310, 27.11.08
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
The decision of the Court of Appeal has been reported as R(IS) 5/09

Jeleniewicz v Secretary of State for Work and Pensions
[2008] EWCA Civ 1163, 23.10.08
Right to reside – whether child' dependent on father – whether sufficient resources to avoid becoming a burden on the social assistance system.
CIS/1545/2007
The decisions of the Commissioner and the Court of Appeal have been reported as R(IS) 3/09

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 has been reported as R(P) 2/08

Casewell v Secretary of State for Work and Pensions
[2008] EWCA Civ 524], 11.03.08
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 has been reported as R(IS) 7/08

Secretary of State for Work and Pensions & another v Boyle & other this is a link to an external website
[2008] EWCA Civ 210, 31.01.08
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

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Decisions issued in 2007

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Decisions issued in 2006

Page last updated 15 April 2010

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