Hakki v Secretary of State for Work And Pensions & Anor [2014] EWCA Civ 530 (25 April 2014)

Hakki v Secretary of State for Work And Pensions & Anor [2014] EWCA Civ 530 (25 April 2014)

On the facts found, Mr Hakki's poker playing did not amount to a trade, profession, or vocation; his winnings were not 'earnings' from gainful employment under the relevant regulations, and thus could not be used to assess child support liability.

Citation
[2014] EWCA Civ 530
Parties
Appellant: Hakki Hakki; First Respondent: Secretary of State for Work and Pensions; Second Respondent: Mrs Devrise Blair
Jurisdiction
England and Wales
Judgment Date
25 April 2014
Procedural Posture
Appeal / Court of Appeal Judgment on Appeal From Upper Tribunal
Outcome
Appeal allowed
Legal Topics
Child Support Maintenance, Definition of Earnings, Self Employment, Taxability of Gambling Winnings
Family Law Social Security Law Tax Law Child Support Maintenance Definition of Earnings Self Employment Taxability of Gambling Winnings

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Parties

Hakki Hakki

Appellant

Secretary of State for Work and Pensions

First Respondent

Mrs Devrise Blair

Second Respondent

Procedural Posture

Appeal / Court of Appeal Judgment on Appeal From Upper Tribunal

Legal Issues

  1. 1 Whether professional poker winnings constitute 'earnings' from gainful employment for child support purposes
  2. 2 Whether the appellant is a self-employed earner under the Child Support (Maintenance Assessment and Special Cases) Regulations 1992

Ratio Decidendi

On the facts found, Mr Hakki's poker playing did not amount to a trade, profession, or vocation; his winnings were not 'earnings' from gainful employment under the relevant regulations, and thus could not be used to assess child support liability.

Court Disposition

Appeal allowed

Orders

  • First Tier Tribunal's assessment of Mr Hakki's contribution to child support set aside
  • Opportunity for Ms Blair to apply for a departure direction is noted