The court considered the reduction of state benefits payable to a mother asking the Child Support Agencey not to pursue a claim against the father where there has been a history of domestic violence. The mother said she was frightened of retribution from the father. The tribunal had found her fears exaggerated, but the Commissioner had allowed her appeal.
Held: The Commissioners reasons for departing from the tribunal’s findings were insupportable. The test for ‘undue distress’ could not be subjective.
Citations:
[2006] EWCA Civ 1746, Times 05-Jan-2007
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Tote Bookmakers Ltd v Development and Property Holding Co. Ltd. 1985
Peter Gibson J defined the phrase undue hardship as ‘hardship . . not warranted by the circumstances’. . .
Lists of cited by and citing cases may be incomplete.
Child Support, Benefits
Updated: 19 November 2022; Ref: scu.247490