Wiles v Social Security Commissioner & Anor

Wiles v Social Security Commissioner & Anor

Judicial review does in principle lie against a commissioner's refusal of leave to appeal on conventional public law grounds. In this case, there was sufficient evidence of a relevant change in the claimant's medical condition to justify the supersession of her incapacity benefit award, and no material error of law...

Source-derived case information.

Parties
Appellant: Wiles; Respondent: Social Security Commissioner & Another
Jurisdiction
England and Wales
Judgment Date
16 March 2010
Procedural Posture
Judicial Review (appeal) / Appeal From Refusal of Permission to Apply for Judicial Review
Outcome
appeal dismissed
Legal Topics
Judicial Review, Leave to Appeal, Incapacity Benefit, Change of Circumstances, Statutory Interpretation
Administrative Law Social Security Law Judicial Review Leave to Appeal Incapacity Benefit Change of Circumstances Statutory Interpretation

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Parties

Wiles

Appellant

Social Security Commissioner & Another

Respondent

Procedural Posture

Judicial Review (appeal) / Appeal From Refusal of Permission to Apply for Judicial Review

Legal Issues

  1. 1 In what circumstances should an application for judicial review of a social security commissioner's refusal of permission to appeal be entertained?
  2. 2 Was there a relevant change of circumstances justifying the supersession of the appellant's incapacity benefit award?

Ratio Decidendi

Judicial review does in principle lie against a commissioner's refusal of leave to appeal on conventional public law grounds. In this case, there was sufficient evidence of a relevant change in the claimant's medical condition to justify the supersession of her incapacity benefit award, and no material error of law was established.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; no order for remission; the refusal of permission to apply for judicial review stands.