Although production of a new medical report, or of a new medical opinion, could evidence a relevant change of circumstances, to support the claim that the threshold had been reached so as to allow a review of a decision to grant benefits, it did not in itself suffice to constitute such a change, without which the jurisdiction to review did not exist. Specialist tribunals, chaired as they usually are by a lawyer, have an appropriate balance of experience and expertise amongst their members. The court set out the principles to be applied on hearing applications for second tier appeals from specialist tribunals. Hale LJ urged appropriate caution in giving permission to appeal from the Social Security Commissioners, because of their particular expertise in a highly specialised area of the law, where it was ‘quite probable that . . the Social Security Commissioner will have got it right’.
The court set out the principles to be applied on hearing applications for second tier appeals from specialist tribunals.
Judges:
Hale LJ, Clarke LJ and Butterfield J
Citations:
[2001] EWCA Civ 734, [2002] 3 All ER 279
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Napp Pharmaceutical Holdings Ltd v Director General of Fair Trading CA 8-May-2002
The applicant sought leave to appeal against a decision of the Competition Commission Appeals Tribunal.
Held: Since the decision of the tribunal did not involve questions of law, it fell exactly within the Cooke case, and the court should be . .
Cited – Wood v Secretary of State for Work and Pensions CA 31-Jan-2003
The appellant suffered cerebral palsy. Following a review, he was awarded mobility allowance, and then later the mobility component of Disability Living Allowance for life. He applied for the care element also. The respondent refused the care . .
Cited – Smith v Smith and Another CA 19-Oct-2004
The father challenged a ruling that in calculating his liability to pay child support he was not entitled first to deduct, as a self-employed person, all the allowances he might claim against income tax by way of capital allowances.
Held: The . .
Cited – 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 . .
Cited – Brewer, Regina (on the Application of) v Supreme Court Costs Office Admn 27-Jul-2006
The defendant had been acquitted. Orders had been made both for payment of his legal costs, and also for re-imbursement of his own costs. The defendant was accused of serious fraud, and had engaged an American attorney to assist him before . .
Cited – HM Revenue and Customs v Weight Watchers (UK) Ltd ChD 21-Jan-2008
The court was asked whether the weight-watchers program which included attendance at a course and a supply of supporting materials was one single standard-rated supply or separate supplies of zero-rated printed materials and standard-rated support . .
Cited – Secretary of State for the Home Department v AH (Sudan) and others HL 14-Nov-2007
The three respondents had fled persecution in Darfur. They sought asylum which was refused, and they now appealed. It was argued that whilst they had a well founded fear of persecution in Dhafur, that would not apply if they returned to Khartoum. . .
Cited – Wiles v Social Security Commissioner and Another CA 16-Mar-2010
The court considered one of the last applications for permission to seek judicial review of a Social Security Commissioner’s determination before the transfer of the Commissioner’s jurisdiction to the Upper Tribunal. Mr Eadie, for the Commissioner, . .
Cited – Cart v The Upper Tribunal SC 21-Jun-2011
Limitations to Judicial Reviw of Upper Tribunal
Three claimants sought to challenge decisions of various Upper Tribunals by way of judicial review. In each case the request for judicial review had been first refused on the basis that having been explicitly designated as higher courts, the proper . .
Lists of cited by and citing cases may be incomplete.
Benefits, Litigation Practice
Updated: 07 June 2022; Ref: scu.179836