Recent decisions of Tribunals of Commissioners

The following decisions are now available on this website:

Late appeals – jurisdiction

CHR/3855/2005; (Decision 4.7.08)
Whether there is any right to seek leave to appeal to a Commissioner from a decision not to admit a late appeal where the 13–month statutory cut–off point has not yet passed (in Secretary of State for Work and Pensions v Morina and Borrowdale [2007] EWCA Civ 749, reported as R(IS) 6/07 the 13–month point had passed)

Time limits and the anti–test case rule

CSP/503/2007;
CP/1425/2007;
CP/2862/2007
(Decision 13.03.08)
Gender change – questions about the application of domestic time limits and the anti–test case rule in the context of Community law and about entitlement to benefit before the date when a gender recognition certificate is issued.

Natural justice issues

CSDLA/500/2007 CSDLA/524/2007 (Decision 12.03.08)
Tribunal practice – record of proceedings – whether note of submissions required

Commissioners’ jurisdiction – whether a tribunal’s breach of a procedural requirement necessarily renders its decision erroneous in point of law

For cases pending before Tribunals of Commissioners go to Forthcoming decisions of Tribunals of Commissioners.

Note:
From 3 November 2008 the new Upper Tribunal has taken over the work of the Social Security, Child Support and Pensions Appeal Commissioners. The Commissioners formerly handled appeals from tribunals that are now covered by the Social Entitlement Chamber, and the War Pensions and Armed Forces Compensation Chamber of the First-tier Tribunal. The Upper Tribunal also deals with appeals from the Health, Education and Social Care Chamber of the First-tier Tribunal.

Page last updated 05 August 2008