A lower court was not bound to follow a decision of a higher court, where the decision at issue had been based, on the relevant point, on an unargued assumption about the law, which had in turn been pivotal to the decision of that higher court. Whether a person living in the same house as a relative was residing with him, was matter for ordinary English usage. The statute did not provide a full and exclusive definition, and the case was remitted for reconsideration.
Citations:
Gazette 05-Apr-2001
Jurisdiction:
England and Wales
Administrative, Benefits
Updated: 08 May 2022; Ref: scu.86191