Search Results for: Pensions Act 2008

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Bunce, Regina (on the Application of) v Pensions Appeal Tribunal: CA 7 Apr 2009

The claimant renewed his application for leave to appeal against refusal of a judicial review of a decision of the Pensions Appeal Tribunal. He was injured in a motorcycle accident whilst on National Service in 1951. He challenged a decision to reduce his disability pension from 70 to 30 per cent. The appeal tribunal had … Continue reading Bunce, Regina (on the Application of) v Pensions Appeal Tribunal: CA 7 Apr 2009

Office of Fair Trading v Foxtons Ltd: ChD 17 Jul 2008

Complaint was made that the Foxtons standard terms of acting in residential lettings were unfair. Foxtons objected to the jurisdiction of the Claimant to intervene. Held: On a challenge to an individual contract, the court would be able to see the term in the particular context and be better able to see its fairness or … Continue reading Office of Fair Trading v Foxtons Ltd: ChD 17 Jul 2008

Gargett, Regina (on the Application of) v London Borough of Lambeth: Admn 8 Apr 2008

The tenant applicant said that the authority had a power to make a discretionary housing payment to cover arrears of rent incurred after an increase. Citations: [2008] EWHC 663 (Admin) Links: Bailii Statutes: Child Support, Pensions and Social Security Act 2000, Discretionary Financial Assistance Regulations 2001 Jurisdiction: England and Wales Cited by: Appeal from – … Continue reading Gargett, Regina (on the Application of) v London Borough of Lambeth: Admn 8 Apr 2008

Hillsdown Holdings plc v Pensions Ombudsman: 1997

The court had to answer the question of whether the Pensions Ombudsman could make orders which the court could not. Held: It could not, Knox J said: ‘there is a real distinction between ordering compensation for inconvenience and distress caused by maladministration as an adjunct to the power to remedy injustice caused by maladministration which … Continue reading Hillsdown Holdings plc v Pensions Ombudsman: 1997

Prix v Secretary of State for Work and Pensions: SC 31 Oct 2012

The claimant had come from France to England, and worked as a teaching assistant. She set out on a course to train as a teacher but became pregnant, gave up the course, and eventually gave up work temporarily. Her claim to Income Support was refused on the basis that she was not a ‘worker’, and … Continue reading Prix v Secretary of State for Work and Pensions: SC 31 Oct 2012

In re P and Others, (Adoption: Unmarried couple) (Northern Ireland); In re G: HL 18 Jun 2008

The applicants complained that as an unmarried couple they had been excluded from consideration as adopters. Held: Northern Ireland legislation had not moved in the same way as it had for other jurisdictions within the UK. The greater commitment to traditional family structures did not however justify the difference. The rules were unlawful discrimination.Lord Hoffmann … Continue reading In re P and Others, (Adoption: Unmarried couple) (Northern Ireland); In re G: HL 18 Jun 2008

Revenue and Customs Commissioners v Decadt: ChD 2008

The taxpayer, a general surgical registrar, had a contract, requiring him to attend training courses and to obtain a specialist training certificate in order to qualify as a consultant surgeon. Clause 6 of his contract recorded that he had been issued with a National Training Number and clause 7 provided that his appointment was dependent … Continue reading Revenue and Customs Commissioners v Decadt: ChD 2008

Watkins-Singh, Regina (on the Application of) v The Governing Body of Aberdare Girls’ High School and Another: Admn 29 Jul 2008

Miss Singh challenged her school’s policy which operated to prevent her wearing while at school a steel bangle, a Kara. She said this was part of her religion as a Sikh. Held: Earlier comparable applications had been made under human rights law, but this was under the 1976 Act. The evidence established that the Sikh … Continue reading Watkins-Singh, Regina (on the Application of) v The Governing Body of Aberdare Girls’ High School and Another: Admn 29 Jul 2008

Department for Work and Pensions (Decision Notice): ICO 19 Mar 2008

The complainant requested information relating to the payments of his late Uncle’s pensions. The public authority provided some information but withheld some under section 40 and stated that the remaining information was not held. During the course of the Commissioner’s investigation the public authority disclosed the information withheld under section 40 as it concluded this … Continue reading Department for Work and Pensions (Decision Notice): ICO 19 Mar 2008

Padden v Arbuthnot Pensions and Investments Ltd: CA 14 May 2004

Judges: Lord Justice Buxton Lord Justice Kennedy Lord Justice May Citations: [2004] EWCA Civ 582 Links: Bailii Jurisdiction: England and Wales Citing: Approved – Financial Services Authority v Rourke ChD 19-Oct-2001 The applicant sought a declaration that the defendant had acted in breach of the Act, in accepting sums by way of deposit, without being … Continue reading Padden v Arbuthnot Pensions and Investments Ltd: CA 14 May 2004

Regina (on the Application of Smith) v Secretary of State for Defence, Secretary of State for Work and Pensions: QBD 26 Jul 2004

The claimant was divorced from her husband, a member of the armed forces, and was to receive a share of his pension. She complained that although he had been able to take his share of the pension early, she had been obliged to wait. Held: There was no discrimination. The provisions fell within the ambit … Continue reading Regina (on the Application of Smith) v Secretary of State for Defence, Secretary of State for Work and Pensions: QBD 26 Jul 2004

Secretary of State for Work and Pensions v Wakefield: EAT 13 Sep 2010

EAT DISABILITY DISCRIMINATION – Reasonable adjustments Tribunal in finding a failure to make reasonable adjustments under the Disability Discrimination Act 1995 failed to follow the guidance set out in Environment Agency v Rowan [2008] ICR 218. Judges: Ansell J Citations: [2010] UKEAT 0435 – 09 – 1309 Links: Bailii Statutes: Disability Discrimination Act 1995 Jurisdiction: … Continue reading Secretary of State for Work and Pensions v Wakefield: EAT 13 Sep 2010

Payne and Another, Regina (on The Application of) v Secretary of State for Work and Pensions: Admn 26 Jul 2010

The court was asked as to the lawfulness of the Secretary of State making deductions from ongoing social security benefit to recover the overpayment of incapacity benefit and the repayment of a social fund budgeting loan during the moratorium period of a debt relief order. Held: The Secretary of state could not deduct the sums … Continue reading Payne and Another, Regina (on The Application of) v Secretary of State for Work and Pensions: Admn 26 Jul 2010

Department of Constitutional Affairs v O’Brien: EAT 22 Apr 2008

EAT JURISDICTIONAL POINTS Claim in time and effective date of terminationExtension of time: just and equitable Appeal against Chair’s exercise of discretion to extend time for a PTWR claim allowed. The Chair had asked whether there was a good reason not to extend, rather than whether there was a good reason to do so, and … Continue reading Department of Constitutional Affairs v O’Brien: EAT 22 Apr 2008

Lavety v Lanarkshire Health Board and Another: EAT 31 Oct 2008

EAT EQUAL PAY ACT: Part time pensions< br />Part-time pensions. NHS employee did not join a voluntary scheme for about 5.5 years after having become eligible to do so. Pre-hearing review. Claimant’s evidence that she did not join immediately as she was paying into a private pension and could not afford to do so; she … Continue reading Lavety v Lanarkshire Health Board and Another: EAT 31 Oct 2008

Pedro v Secretary of State for Work and Pensions: CA 14 Dec 2009

The claimant, an EU national, came to the UK to join her son. He had worked but became dependent on benefits. She sought payment of the State Pension. Held: A refusal to pay the pension would dissuade workers from moving around within the EU, and was therefore contrary to EU law and the Citizens Directive. … Continue reading Pedro v Secretary of State for Work and Pensions: CA 14 Dec 2009

RD and Another, Regina (on the Application Of) v Secretary of State for Work and Pensions: Admn 31 Oct 2008

This case concerns the question whether post-tariff life prisoners who have been transferred by the Secretary of State from prison to a mental health hospital under powers contained in sections 47 and 49 of the Mental Health Act 1983 [‘the 1983 Act’] are entitled to Income Support whilst in such a hospital. It is common … Continue reading RD and Another, Regina (on the Application Of) v Secretary of State for Work and Pensions: Admn 31 Oct 2008

G, Regina (on the Application of) v Nottinghamshire Healthcare NHS Trust: Admn 20 May 2008

The applicants were detained at Rampton. The form of detention denied the access to space in which they would be able to smoke cigarettes to comply with the law. Held: The claim failed. The legislative objectives were sufficiently serious to support as rational the imposition of the rules. Having a mental illness is not a … Continue reading G, Regina (on the Application of) v Nottinghamshire Healthcare NHS Trust: Admn 20 May 2008

Equitable Members Action Group, Regina (On the Application of) v Her Majesty’s Treasury: Admn 15 Oct 2009

The applicants sought judicial review of the defendant’s response to a report of the Parliamentary Ombudsman finding maladministration by the defendant in rejecting the recommendation for compensation. Held: The respondent’s rejection of the recommendations in some cases lacked cogency and fell short of the requirement.Carnwath LJ said: ”Discussion: In considering the application of Bradley to … Continue reading Equitable Members Action Group, Regina (On the Application of) v Her Majesty’s Treasury: Admn 15 Oct 2009

Child Poverty Action Group, Regina (on the Application of) v Secretary Of State for Work and Pensions: CA 14 Oct 2009

CPAG appealed against a refusal of a declaration that the respondent could use only the 1992 Act to recover overpayment of benefits where there had been neither misrepresentation nor non-disclosure. Held: The appeal succeeded, and the court made a declaration that: ‘where a benefit falling within section 71(11) of the Social Security Administration Act 1992 … Continue reading Child Poverty Action Group, Regina (on the Application of) v Secretary Of State for Work and Pensions: CA 14 Oct 2009

KB v Secretary of State for Work and Pensions: UTAA 2 Jul 2009

The claimant’s appeal to the Upper Tribunal is allowed. The decision of the Weymouth appeal tribunal dated 13 April 2007 involved an error on a point of law and is set aside. It is appropriate for the Upper Tribunal to re-make the decision on the claimant’s appeal against the Secretary of State’s decision dated 15 … Continue reading KB v Secretary of State for Work and Pensions: UTAA 2 Jul 2009

UCATT v Amicus and Others: EAT 18 Nov 2008

EAT TRANSFER OF UNDERTAKINGS: Consultation and other information TUPE 2006. (1) Whether Tribunal had erred in refusing to allow UCATT to amend its claim to add an allegation of failure to inform in accordance with reg.13(2) in addition to its existing allegation of failure to consult. (2) Whether regulations require a transferee employer to consult … Continue reading UCATT v Amicus and Others: EAT 18 Nov 2008

UCATT v Amicus and others: EAT 19 Nov 2008

EAT TRANSFER OF UNDERTAKINGS: Consultation and other information TUPE 2006. (1) Whether Tribunal had erred in refusing to allow UCATT to amend its claim to add an allegation of failure to inform in accordance with reg.13(2) in addition to its existing allegation of failure to consult. (2) Whether regulations require a transferee employer to consult … Continue reading UCATT v Amicus and others: EAT 19 Nov 2008

Sawyer v Secretary of State for the Department of Work and Pensions (Job Centre Plus): EAT 26 Aug 2008

EAT DISABILITY DISCRIMINATION: Disability PRACTICE AND PROCEDURE: Striking-out/dismissal The Employment Judge correctly struck out the Claimant’s case as it was not reasonably arguable, on the evidence at a PHR, that the Claimant’s intolerance to temperatures below 27C was a disability within the DDA 1995. Citations: [2008] UKEAT 0133 – 08 – 2608 Links: Bailii Employment … Continue reading Sawyer v Secretary of State for the Department of Work and Pensions (Job Centre Plus): EAT 26 Aug 2008

Demir And Baykara v Turkey: ECHR 12 Nov 2008

Civil servants formed a trade union which entered into collective negotiation with a local authority resulting in an agreement. Union members then sued the authority for failing to fulfil the agreement. The local Court found in favour of the members. The Court of Cassation first quashed the ruling, on the basis that, even though there … Continue reading Demir And Baykara v Turkey: ECHR 12 Nov 2008

Da Silva Junior v Composite Mouldings and Design Ltd: EAT 18 Aug 2008

EAT JURISDICTIONAL POINTS: Continuity of employment Company A dismissed the employee and went into creditors’ voluntary liquidation. Six weeks later, when the employee was absent due to a temporary cessation of work pursuant to the Employment Rights Act 1996 s212(3)(b), and so that time counted towards one year’s continuous employment under s108, Company B hired … Continue reading Da Silva Junior v Composite Mouldings and Design Ltd: EAT 18 Aug 2008

Pike v Somerset County Council and Another: EAT 3 Oct 2008

EAT EQUAL PAY ACT: part time pensions The Teachers’ Pension Scheme did not distinguish part-timers and full-timers, save for one rule which applied to teachers who retire and return to work. If the work was part-time it was not reckonable for pension, whereas full-time was. The agreed disadvantaged group was of part-time returners. As a … Continue reading Pike v Somerset County Council and Another: EAT 3 Oct 2008

Hartlepool Borough Council and Another v Dolphin and others: EAT 15 Sep 2008

eat EQUAL PAY ACT: Material factor defence and justification An Employment Tribunal did not err when it found that bonus schemes created in the 1970s in order to improve productivity were a sham and could not be used in justification as a genuine material factor to a claim of equal pay. The Tribunal erred in … Continue reading Hartlepool Borough Council and Another v Dolphin and others: EAT 15 Sep 2008

KR, Regina (on the Application of) v Secretary of State for Work and Pensions and Another: Admn 30 Jul 2008

The claimant had been involved in child contact and residence proceedings as a result of which the children travelled extensively between two towns. He now appealed after withdrawal of the community care grants made to meet the cost of the travel. Judges: Bean J Citations: [2008] EWHC 1881 (Admin) Links: Bailii Jurisdiction: England and Wales … Continue reading KR, Regina (on the Application of) v Secretary of State for Work and Pensions and Another: Admn 30 Jul 2008

Cumbria Probation Board v Collingwood: EAT 28 May 2008

EAT DISABILITY DISCRIMINATION Disability / Disability related discrimination / Reasonable adjustments JURISDICTIONAL POINTS >2002 Act and pre-action requirements The date of disability is a fact found by an Employment Tribunal on the basis of medical and other evidence. When a consultant gave a range of dates for the onset of a condition, the Employment Tribunal … Continue reading Cumbria Probation Board v Collingwood: EAT 28 May 2008

Kingston Upon Hull City Council v Matuszowicz: EAT 28 Jan 2008

EAT JURISDICTIONAL POINTS: Claim in time and effective date of terminationHaving correctly held that three of the Claimant’s four DDA claims were out of time, parity of reasoning made the fourth out of time as well, there being no continuing act for the Claimant to rely on. Judgment set aside. Judges: McMullen QC J Citations: … Continue reading Kingston Upon Hull City Council v Matuszowicz: EAT 28 Jan 2008

Wood (Principles Of Community Law): ECJ 5 Jun 2008

ECJ Article 12 EC Discrimination on grounds of nationality Compensation awarded by the Fonds de garantie des victimes des actes de terrorisme et d’autres infractions Not included. Citations: C-164/07, [2008] EUECJ C-164/07, [2008] ECR I-4143, [2008] 3 CMLR 11 Links: Bailii Jurisdiction: European Cited by: Cited – Patmalniece v Secretary of State for Work and … Continue reading Wood (Principles Of Community Law): ECJ 5 Jun 2008

Ritchie v Shawcor Inc and Another: EAT 6 Mar 2008

EAT Practice and Procedure: Preliminary issuesClaim for unfair dismissal and for a protective award for failure to consult re: TUPE transfer in 2005. Neither Respondent was a UK company. Respondents’ case was that there was no relevant transfer under TUPE regulations. Although initially they also challenged jurisdiction under reg.19 of the ET Regulations, they conceded … Continue reading Ritchie v Shawcor Inc and Another: EAT 6 Mar 2008

Bradley and Others, Regina (on the Application of) v Secretary of State for Work and Pensions: CA 7 Feb 2008

Complaint was made as to a leaflet PEC 3 issued by the Department in 1996, intended to summarise the changes introduced by the Pensions Act 1995, and their purpose. One answer given was: ‘The Government wanted to remove any worries people had about the safety of their occupational (company) pension following the Maxwell affair.’ The … Continue reading Bradley and Others, Regina (on the Application of) v Secretary of State for Work and Pensions: CA 7 Feb 2008

Secretary of State for Work and Pensions v Balding: CA 13 Dec 2007

The Secretary of State appealed a decision that its reclaim of overpayments of benefit were no longer possible after the discharge from insolvency of the claimant. The overpayment had been reclaimed before bankruptcy. Held: At the time of the bankruptcy the debt was not a contingent debt. The secretary of state had demanded its repayment, … Continue reading Secretary of State for Work and Pensions v Balding: CA 13 Dec 2007

Abdirahman v Secretary of State for Work and Pensions: CA 5 Jul 2007

The appellants were economically inactive EEA nationals who were lawfully present in the UK and who appealed against refusal of their claims for social security benefits under Articles 12 18. Held: The appeal failed. For Art 12, the benefits including income support were ‘not within the scope of application of the Treaty’. As to Art … Continue reading Abdirahman v Secretary of State for Work and Pensions: CA 5 Jul 2007

Re E (A Child); E v Chief Constable of the Royal Ulster Constabulary and Another (Northern Ireland Human Rights Commission and others intervening): HL 12 Nov 2008

(Northern Ireland) Children had been taken to school in the face of vehement protests from Loyalists. The parents complained that the police had failed to protect them properly, since the behaviour was so bad as to amount to inhuman or degrading treatment, and that the police had given undue weight to the right to demonstrate. … Continue reading Re E (A Child); E v Chief Constable of the Royal Ulster Constabulary and Another (Northern Ireland Human Rights Commission and others intervening): HL 12 Nov 2008

Bradley and Others, Regina (on the Application of) v Secretary of State for Work and Pensions: Admn 21 Feb 2007

The claimant had lost his company pension and complained that the respondent had refused to follow the recommendation of the Parliamentary Commissioner for Administration that compensation should be paid. Held: The court should not rely on evidence given by the Ombudsman to a parliamentary select committee committee: ‘to allow the evidence of a witness to … Continue reading Bradley and Others, Regina (on the Application of) v Secretary of State for Work and Pensions: Admn 21 Feb 2007

Steele, Regina (on the Application of) v Birmingham City Council and The Secretary of State for Work and Pensions: CA 16 Dec 2005

The claimant had received an overpayment of benefits (Job seeker’s allowance), but then was made bankrupt. He now said that this was a debt in the bankruptcy. Held: It was not. At the date of the bankruptcy order, the possible reclaim was not yet a contingent debt, and he remained liable. There was no contingent … Continue reading Steele, Regina (on the Application of) v Birmingham City Council and The Secretary of State for Work and Pensions: CA 16 Dec 2005

Secretary of State for Work and Pensions v M: CA 15 Oct 2004

M had challenged the Child Support Regulations saying that they discriminated against her. She was the liable parent, and in a monogomoud lesbian relationship. As such she said that she was treated worse than she would have been since the Regulations did not that her relationship as constituting a family. The Secretary of State appealed … Continue reading Secretary of State for Work and Pensions v M: CA 15 Oct 2004

Campbell and others v South Northamptonshire District Council, Secretary of State for the Department for Work and Pensions: CA 7 Apr 2004

The claimants were members of the Jesus Fellowship church, living communally. Their claim for housing benefit was rejected on the basis that the payment made was not by way of a commercial rental. Held: The court could take into account the background of the payments in deciding whether the tenancy agreements were on a commercial … Continue reading Campbell and others v South Northamptonshire District Council, Secretary of State for the Department for Work and Pensions: CA 7 Apr 2004

Carson and Reynolds v Secretary of State for Work and Pensions: CA 17 Jun 2003

The claimant Reynolds challenged the differential treatment by age of jobseeker’s allowance. Carson complained that as a foreign resident pensioner, her benefits had not been uprated. The questions in each case were whether the benefit affected a ‘possession’ within the Convention or the discrimination was arbitrary so as to breach the applicants human rights. Held: … Continue reading Carson and Reynolds v Secretary of State for Work and Pensions: CA 17 Jun 2003

Philip Freeman Mobile Welders Ltd v The Pensions Regulator: UTAA 3 Mar 2022

Sections 35 and 40-44 of Pensions Act 2008 – whether First-tier Tribunal properly addressed whether penalty notices had been issued to employer by the Pensions Regulator – whether regulation 15(4) of the Employers’ Duties (Registration and Compliance) Regulations 2010 creates irrebuttable presumption that a notice issued was received by the employer – use by FtT … Continue reading Philip Freeman Mobile Welders Ltd v The Pensions Regulator: UTAA 3 Mar 2022

GM v Secretary of State for Work and Pensions (RP): UTAA 23 Mar 2022

Retirement Pensions – section 1 Social Security Administration Act 1992 – whether claim needed for Category B state retirement pension by married woman – regulation 3(1)(cb) of the Social Security (Claims and Payments) Regulations 1987 as amended in 2008 – CP/345/2011 and CSP/5/2013 considered – meaning of phrase ‘the spouse or civil partner of the … Continue reading GM v Secretary of State for Work and Pensions (RP): UTAA 23 Mar 2022

Plymouth Teaching Primary Care Trust (Decision Notice): ICO 11 Dec 2008

The complainant made three requests (dated 14, 15 and 16 May 2007) under the Freedom of Information Act 2000 (the ‘Act’) to the Plymouth Teaching Primary Care Trust (the ‘Trust’) for correspondence and other information relating to suspensions from the Trust. The Trust dealt with the request of 14 May 2007 under the Data Protection … Continue reading Plymouth Teaching Primary Care Trust (Decision Notice): ICO 11 Dec 2008

RR v Secretary of State for Work and Pensions: SC 13 Nov 2019

Housing benefit regulations had been found unlawful and were amended. The Court now considered what payments should have been made before the amendments came into effect. Held: The appeal was allowed, and RR’s housing benefit entitlement is to be recalculated without making the under-occupancy deduction of 14%. There is nothing unconstitutional about a public authority, … Continue reading RR v Secretary of State for Work and Pensions: SC 13 Nov 2019

Mathieson v Secretary of State for Work and Pensions: SC 8 Jul 2015

The claimant a boy of three in receipt of disability living allowance (‘DLA’) challenged (through his parents) the withdrawal of that benefit whilst he was in hospital for a period of more than 12 weeks. He had since died. Held: The appeal succeeded. The Regulations infringed the claimant’s rights because the evidence was that in … Continue reading Mathieson v Secretary of State for Work and Pensions: SC 8 Jul 2015

PUH Vicoplus SC (C-307/09), BAM Vermeer Contracting sp. Zoo (C-308/09), Industrial Services Olbek sp. Zoo (C-309/09) v Minister van Sociale Zaken in Werkgelegenheid: ECJ 10 Feb 2011

Freedom to provide services – Posting of workers – 2003 Act of Accession – Transitional measures – Access of Polish nationals to the labour market of States which were already Member States of the European Union at the time of the accession of the Republic of Poland – Requirement of a work permit for the … Continue reading PUH Vicoplus SC (C-307/09), BAM Vermeer Contracting sp. Zoo (C-308/09), Industrial Services Olbek sp. Zoo (C-309/09) v Minister van Sociale Zaken in Werkgelegenheid: ECJ 10 Feb 2011

Zalewska v Department for Social Development: HL 12 Nov 2008

(Northern Ireland) The claimant challenged the rules restricting payment of benefits to nationals from the 8 latest European Accession states to those with an unbroken 12 month working record. The applicant came from Poland and worked at two authorised employments but failed to find a third. She had left her partner because of his violence. … Continue reading Zalewska v Department for Social Development: HL 12 Nov 2008

The Secretary of State for Work and Pensions v Gubeladze: CA 7 Nov 2017

Appeal by the Secretary of State for Work against a decision that the respondent is entitled to state pension credit. The issues in this appeal concern the construction of the Directive governing the rights of Union citizens and the validity of certain domestic regulations applying to Latvian nationals working in the UK. Held: The appeal … Continue reading The Secretary of State for Work and Pensions v Gubeladze: CA 7 Nov 2017

Secretary of State for Work and Pensions v Gubeladze: SC 19 Jun 2019

The claimant had come from Latvia to the UK in 2008, but not registered under the Worker Registration Scheme until 2010. She now sought state pension credit. The SS appealed from a judgment that it was to calculate her entitlement to include her work before registration. It was additionally argued that a national measure adopted … Continue reading Secretary of State for Work and Pensions v Gubeladze: SC 19 Jun 2019

Mirga v Secretary of State for Work and Pensions, Samin v Westminster City Council: SC 27 Jan 2016

The claimants, a Polish national and an Austrian national, appealed against decisions of the Court of Appeal upholding decisions that they were not entitled to certain benefits, namely income support and housing assistance respectively, pursuant to the provisions of United Kingdom domestic law. Held: The claimants’ appeals failed. When she applied, Ms Mirga was not … Continue reading Mirga v Secretary of State for Work and Pensions, Samin v Westminster City Council: SC 27 Jan 2016

Prefeta v Secretary of State for Work and Pensions: ECJ 13 Sep 2018

Reference for a preliminary ruling – Freedom of movement for persons – Article 45 TFEU – 2003 Act of Accession – Chapter 2 of Annex XII – Whether a Member State may derogate from Article 7(2) of Regulation (EU) No 492/2011 and Article 7(3) of Directive 2004/38/EC – Polish national who has not completed a … Continue reading Prefeta v Secretary of State for Work and Pensions: ECJ 13 Sep 2018

SG and Others, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 18 Mar 2015

The court was asked whether it was lawful for the Secretary of State to make subordinate legislation imposing a cap on the amount of welfare benefits which can be received by claimants in non-working households, equivalent to the net median earnings of working households. The challenge was under the 1998 Act on the basis that … Continue reading SG and Others, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 18 Mar 2015

RJM, Regina (on the Application of) v Secretary of State for Work and Pensions: HL 22 Oct 2008

The 1987 Regulations provided additional benefits for disabled persons, but excluded from benefit those who had nowhere to sleep. The claimant said this was irrational. He had been receiving the disability premium to his benefits, but this was cancelled when he lost his home. Held: The appeal was dismissed. The disabilty premium, as part of … Continue reading RJM, Regina (on the Application of) v Secretary of State for Work and Pensions: HL 22 Oct 2008

Hooper and Others, Regina (on the Application of) v Secretary of State for Work and Pensions: HL 5 May 2005

Widowers claimed that, in denying them benefits which would have been payable to widows, the Secretary of State had acted incompatibly with their rights under article 14 read with article 1 of Protocol 1 and article 8 of the ECHR. Held: The Secretary’s appeal succeeded. Section 6 of the 1998 Act permitted the discrimination as … Continue reading Hooper and Others, Regina (on the Application of) v Secretary of State for Work and Pensions: HL 5 May 2005

DA and Others, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 15 May 2019

Several lone parents challenged the benefits cap, saying that it was discriminatory. Held: (Hale, Kerr LL dissenting) The parents’ appeals failed. The legislation had a clear impact on lone parents and their children. The intention was to encourage claimants back into work. It was said that thus contradicted the other policy of providing no free … Continue reading DA and Others, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 15 May 2019

AL (Serbia) v Secretary of State for the Home Department; Rudi v Same: HL 25 Jun 2008

Each claimant had arrived here with their parents, and stayed for several years. They were excluded from the scheme allowing families who had been here more than three years to stay here, because they had attained 18 and were no longer dependant on their families. They said the removals would be discriminatory. Held: To justify … Continue reading AL (Serbia) v Secretary of State for the Home Department; Rudi v Same: HL 25 Jun 2008

Secretary of State for Work and Pensions v M: HL 8 Mar 2006

The respondent’s child lived with the estranged father for most of each week. She was obliged to contribute child support. She now lived with a woman, and complained that because her relationship was homosexual, she had been asked to pay more than someone in a heterosexual relationship. Held: The claim failed. The regulations had now … Continue reading Secretary of State for Work and Pensions v M: HL 8 Mar 2006

Slingsby v Griffith Smith Solicitors: EAT 5 Aug 2008

EAT UNFAIR DISMISSAL Reason for dismissal including substantial other reason Reasonableness of dismissal PRACTICE AND PROCEDURE Delay in ET judgment The Employment Tribunal found in favour of the Claimant on his claims of unfair dismissal and awarded compensation with 25% uplift. On the Claimant’s appeal to set aside the Judgment and remit for a fresh … Continue reading Slingsby v Griffith Smith Solicitors: EAT 5 Aug 2008

London Borough of Lewisham v Malcolm: HL 25 Jun 2008

Unrelated Detriment was no Discrimination The tenant had left his flat and sublet it so as to allow the landlord authority an apparently unanswerable claim for possession. The authority appealed a finding that they had to take into account the fact that the tenant was disabled and make reasonable adjustments. Held: The authority’s appeal succeeded. … Continue reading London Borough of Lewisham v Malcolm: HL 25 Jun 2008

Department for Work and Pensions (Decision Notice) FS50373233: ICO 25 Aug 2011

ICO The complainant requested the settled legal advice regarding the Health and Safety (Offences) Bill 2008 from the Department for Work and Pensions (the ‘DWP’). The complainant also asked the DWP to provide the other opinions, information or documents referred to at paragraph 16 of an Information Tribunal Decision EA/2010/0044. Additionally he requested all available … Continue reading Department for Work and Pensions (Decision Notice) FS50373233: ICO 25 Aug 2011

Regina (Annette Carson) v Secretary of State for Work and Pensions: Admn 22 May 2002

The claimant received a UK state pension. She lived in South Africa, and challenged the exclusion of foreign resident pensioners from the annual uprating of pension benefits. She asserted that the state pension, or its uprating, were pecuniary rights, and were therefore possessions within the Convention. Held: It was difficult to distinguish the appellant’s case … Continue reading Regina (Annette Carson) v Secretary of State for Work and Pensions: Admn 22 May 2002

MA and Others, Regina (on The Application of) v Secretary of State for Work and Pensions and Others: QBD 30 Jul 2013

Ten disabled claimants challenged the changes to the 2006 Regulations introduced by the 2012 Regulations. The changes restricted the ability to claim Housing Benefit for bedrooms deemed extra. The claimants said that in their different ways each had needs for additional bedrooms not allowed for by the Regulations. Held: The request for judicial review failed. … Continue reading MA and Others, Regina (on The Application of) v Secretary of State for Work and Pensions and Others: QBD 30 Jul 2013

Hinchy v Secretary of State for Work and Pensions: HL 3 Mar 2005

The applicant had been dependent upon income support, and had then come to receive Disability Living Allowance (DLA). She therefore received additional income support, but the office did not adjust that benefit down when her DLA stopped. The respondent sought repayment of the overpayment. The claimant said she had not understood the instructions. Held: The … Continue reading Hinchy v Secretary of State for Work and Pensions: HL 3 Mar 2005

Gallagher (Valuation Officer) v Church of Jesus Christ of Latter-Day Saints: HL 30 Jul 2008

The House considered whether certain properties of the Church were subject to non-domestic rating. Various buildings were on the land, and the officer denied that some fell within the exemptions, and in particular whether the Temple itself was a public place of religious worship, since it was not open to the public, or even to … Continue reading Gallagher (Valuation Officer) v Church of Jesus Christ of Latter-Day Saints: HL 30 Jul 2008

Shore v Sedgwick Financial Services Ltd: CA 23 Jul 2008

The claimant said that the defendant had given him negligent advice on pensions, failing to say that he should stay within his occupational scheme. The defendant pleaded limitation. Held: The claimant suffered damage when he made the transfer in April 1997. There was a clear distinction between transactions which give rise to pure contingent liabilities … Continue reading Shore v Sedgwick Financial Services Ltd: CA 23 Jul 2008

Kehoe, Regina (on the Application of) v Secretary of State for Work and Pensions: HL 14 Jul 2005

The applicant contended that the 1991 Act infringed her human rights in denying her access to court to obtain maintenance for her children. Held: The applicant had no substantive right to take part in the enforcement process in domestic law which is capable in Convention law of engaging the guarantees in it. ‘Sympathetic though one … Continue reading Kehoe, Regina (on the Application of) v Secretary of State for Work and Pensions: HL 14 Jul 2005

Stewart v Secretary of State for Work and Pensions: CA 29 Jul 2011

The court considered the arrangements for providing public support for the costs of funerals. The claimant’s son had died whilst she was in prison. Assistance had been refused because, as a prisoner, she was not receiving benefits. She complained that the refusal violated her right not to be discriminated against. Held: The prisoner’s appeal failed. … Continue reading Stewart v Secretary of State for Work and Pensions: CA 29 Jul 2011

Kaczmarek v Secretary of State for Work and Pensions: CA 27 Nov 2008

The claimant entered the UK as a student coming from Poland. She then worked as a kitchen maid, but having left that job on becoming a mother was refused income support. She later returned to work. She said that the rules which denied her benefit were inconsistent with articles 12 (discrimination on the grounds of … Continue reading Kaczmarek v Secretary of State for Work and Pensions: CA 27 Nov 2008

The Child Poverty Action Group v Secretary of State for Work and Pensions: SC 8 Dec 2010

The Action Group had obtained a declaration that, where an overpayment of benefits had arisen due to a miscalculation by the officers of the Department, any process of recovering the overpayment must be by the Act, and that the Department could not use the law of unjust enrichment. The Department Appealed. Held: The appeal failed. … Continue reading The Child Poverty Action Group v Secretary of State for Work and Pensions: SC 8 Dec 2010

Carson and Others v The United Kingdom: ECHR 4 Nov 2008

(Grand Chamber) Pensioners who had moved abroad complained that they had been excluded from the index-linked uprating of pensions given to pensioners living in England. Held: This was not an infringement of their human rights. Differences in treatment for an identifiable characteristic, or status, can amount to discrimination within article 14 if the reason had … Continue reading Carson and Others v The United Kingdom: ECHR 4 Nov 2008

Ready Mixed Concrete Southeast Ltd v Minister of Pensions and National Insurance: QBD 8 Dec 1967

Contracts of service or for services In three cases appeals were heard against a finding as to whether a worker was entitled to have his employer pay National Insurance contributions on his behalf which would apply if he were an employee. He worked as an ‘owner-driver’ Held: The court asked what was the test of … Continue reading Ready Mixed Concrete Southeast Ltd v Minister of Pensions and National Insurance: QBD 8 Dec 1967

Helow v Secretary of State for the Home Department and Another: HL 22 Oct 2008

The appellant, a Palestinian, challenged the involvement of Lady Cosgrove as a judge in her case, saying that Lady Cosgrove’s involvement as a jew in pro-Jewish lobby organisations meant that there was an appearance of bias. The applicant had sought asylum, saying that she had fled Palestine after taking legal action against the president of … Continue reading Helow v Secretary of State for the Home Department and Another: HL 22 Oct 2008

Total Network Sl v Revenue and Customs: HL 12 Mar 2008

The House was asked whether an action for unlawful means conspiracy was available against a participant in a missing trader intra-community, or carousel, fraud. The company appealed a finding of liability saying that the VAT Act and Regulations contained the entire regime. Held: Criminal conduct at common law or by statute can constitute unlawful means … Continue reading Total Network Sl v Revenue and Customs: HL 12 Mar 2008

Animal Defenders International, Regina (on the Application of) v Secretary of State for Culture, Media and Sport: HL 12 Mar 2008

The applicant, a non-profit company who campaigned against animal cruelty, sought a declaration of incompatibility for section 321(2) of the 2003 Act, which prevented adverts with political purposes, as an unjustified restraint on the right of political expression. Held: Though the regulation was an interference in the claimant’s right of free expression, it was prescribed … Continue reading Animal Defenders International, Regina (on the Application of) v Secretary of State for Culture, Media and Sport: HL 12 Mar 2008

Pegasus Management Holdings Sca and Another v Ernst and Young (A Firm) and Another: ChD 11 Nov 2008

The claimants alleged professional negligence in advice given by the defendant on a share purchase, saying that it should have been structured to reduce Capital Gains Tax. The defendants denied negligence and said the claim was statute barred. Held: The defence in fact was that the claimant had both brought the claim too early because … Continue reading Pegasus Management Holdings Sca and Another v Ernst and Young (A Firm) and Another: ChD 11 Nov 2008

Patmalniece v Secretary of State for Work and Pensions: SC 16 Mar 2011

The claimant challenged as incompatible with EU law, the Regulations which restricted the entitlement to state pension credit to those entitled to reside in the UK. Held: The appeal failed (Majority). The conditions imposed by the Regulations were indirectly discriminatory. There was not an exact correspondence between the advantaged and disadvantaged groups and the protected … Continue reading Patmalniece v Secretary of State for Work and Pensions: SC 16 Mar 2011

Brown, Regina (on the Application of) v Secretary of State for Work and Pensions: Admn 18 Dec 2008

Having ‘due regard’ is not Obligation to do The claimant sought to challenge the decision to close her local post office on the basis that being retired and disabled and without a car in a rural area, the office was essential and the decision unsupportable. In particular she challenged the removal of post offices from … Continue reading Brown, Regina (on the Application of) v Secretary of State for Work and Pensions: Admn 18 Dec 2008

Jones and others v Firkin-Flood: ChD 17 Oct 2008

The trustees had contracted to sell shares in a private company held within the estate. A family member now claimed that they were held in trust after a settlement of a possible challenge to the will based in lack of testamentary capacity and undue influence. The trustees requested the court to determine the trusts on … Continue reading Jones and others v Firkin-Flood: ChD 17 Oct 2008

O’Brien v Department for Constitutional Affairs: CA 19 Dec 2008

The claimant was a part time recorder. He claimed to be entitled to a judicial pension. Held: The Employment Appeal Tribunal was wrong to find an error of law in the decision of the Employment Tribunal to extend time; but the court declined to remit the case to the Employment Tribunal for a substantive hearing … Continue reading O’Brien v Department for Constitutional Affairs: CA 19 Dec 2008

Kafkaris v Cyprus: ECHR 12 Feb 2008

(Grand Chamber) The claimant said that his rights had been infringed by the mandatory imposition of a life sentence after conviction for murder. Only the President could order the release of such a prisoner, either by exercising the power of mercy under article 53(4) of the Constitution or by ordering release on licence He had … Continue reading Kafkaris v Cyprus: ECHR 12 Feb 2008

Office of Government Commerce v Information Commissioner and Another: Admn 11 Apr 2008

The Office appealed against decisions ordering it to release information about the gateway reviews for the proposed identity card system, claiming a qualified exemption from disclosure under the 2000 Act. Held: The decision was set aside for breaching the rule against impugning an action of Parliament. The minister had made a statement as to the … Continue reading Office of Government Commerce v Information Commissioner and Another: Admn 11 Apr 2008

Gargett, Regina (on the Application of) v London Borough of Lambeth: CA 18 Dec 2008

The applicant was an assured tenant receiving housing benefits. Her rent was increased to a level above what would normally be covered by benefits. She failed to notify the local authority. The court was asked whether local authorities may exercise their power to make Discretionary Housing Payments (DHPs) by paying arrears of rent, if the … Continue reading Gargett, Regina (on the Application of) v London Borough of Lambeth: CA 18 Dec 2008

Haine v Secretary of State for Business Enterprise and Regulatory Reform and Another; Day v Haine: CA 11 Jun 2008

Former employees had obtained a protective award against the company for failing to consult on the impending redundancies and submitted proofs of debt to the liquidator who sought guidance from the court. The judge had held that since the Act provided only one remedy, the protective awards were not provable. Held: The appeal was allowed. … Continue reading Haine v Secretary of State for Business Enterprise and Regulatory Reform and Another; Day v Haine: CA 11 Jun 2008

REW, Regina (on the Application of) v Secretary of State for Work and Pensions: Admn 13 Jun 2008

The claimant sought permission to bring judicial review of decisions of the Child Support Agency. He said that his payments should have been reduced for a period when he was in receipt of job seeker’s allowance. A liability order had been made against him, but for a later period. Held: Leave was refused. The admission … Continue reading REW, Regina (on the Application of) v Secretary of State for Work and Pensions: Admn 13 Jun 2008

Corner House Research and Others, Regina (on the Application of) v The Serious Fraud Office: HL 30 Jul 2008

SFO Director’s decisions reviewable The director succeeded on his appeal against an order declaring unlawful his decision to discontinue investigations into allegations of bribery. The Attorney-General had supervisory duties as to the exercise of the duties by the Director. It had become clear that a continued investigation would threaten co-operation between the UK and Saudi … Continue reading Corner House Research and Others, Regina (on the Application of) v The Serious Fraud Office: HL 30 Jul 2008

Gillies v Secretary of State for Work and Pensions: HL 26 Jan 2006

The claimant said that the medical member of the tribunal which had heard his disability claim was biased. The doctor was on a temporary contract and also worked for an agency which contracted directly the Benfits Agency. The court of session had considered tha a reasonable and well informed observer would not think there was … Continue reading Gillies v Secretary of State for Work and Pensions: HL 26 Jan 2006

Regina v G (Secretary of State for the Home Department intervening): HL 18 Jun 2008

The defendant was fifteen. He was convicted of statutory rape of a 13 year old girl, believing her to be 15. He appealed saying that as an offence of strict liability he had been denied a right to a fair trial, and also that the offence charged was excessive, violating his right to privacy. Held: … Continue reading Regina v G (Secretary of State for the Home Department intervening): HL 18 Jun 2008

Carson, Regina (on the Application of) v Secretary of State for Work and Pensions; Reynolds v Same: HL 26 May 2005

One claimant said that as a foreign resident pensioner, she had been excluded from the annual uprating of state retirement pension, and that this was an infringement of her human rights. Another complained at the lower levels of job-seeker’s allowance payable to those under 25. Held: (Lord Carswell dissented in part.) The claims failed. The … Continue reading Carson, Regina (on the Application of) v Secretary of State for Work and Pensions; Reynolds v Same: HL 26 May 2005