Milton v Secretary of State for Department of Work and Pensions [2006] EWCA Civ 1258 (28 July 2006)

Milton v Secretary of State for Department of Work and Pensions [2006] EWCA Civ 1258 (28 July 2006)

The application for a departure direction was not withdrawn because only the Secretary of State could effect withdrawal after referral to the tribunal; Mr Milton had adequate opportunity to address the evidence regarding the rent-free period; the tribunal's findings were supported by evidence and reasonable inference; there was no prospect of success on appeal.

Citation
[2006] EWCA Civ 1258
Parties
Claimant/applicant: Paul Milton; Defendant/respondent: Secretary of State for Department of Work and Pensions; Respondent: Judith Milton
Jurisdiction
England and Wales
Judgment Date
28 July 2006
Procedural Posture
Civil Appeal / Application for Permission to Appeal to Court of Appeal
Outcome
application for permission to appeal refused
Legal Topics
Child Support, Appeals, Procedural Fairness, Withdrawal of Applications
Family Law Social Security Law Child Support Appeals Procedural Fairness Withdrawal of Applications

Case Brief

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Parties

Paul Milton

Claimant/applicant

Secretary of State for Department of Work and Pensions

Defendant/respondent

Judith Milton

Respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal to Court of Appeal

Legal Issues

  1. 1 Whether the application for a departure direction had been validly withdrawn
  2. 2 Whether the hearing before the appeal tribunal was unfair due to insufficient opportunity to address evidence
  3. 3 Whether the tribunal's findings were supported by sufficient evidence

Ratio Decidendi

The application for a departure direction was not withdrawn because only the Secretary of State could effect withdrawal after referral to the tribunal; Mr Milton had adequate opportunity to address the evidence regarding the rent-free period; the tribunal's findings were supported by evidence and reasonable inference; there was no prospect of success on appeal.

Court Disposition

application for permission to appeal refused

Orders

  • Application for permission to appeal is refused.