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England and Wales Case Law

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Tax-law

Mark Gadsden v The Commissioners for HMRC

The Tribunal allowed Mr Gadsden’s appeal, holding that his late Class 2 National Insurance payments could be treated as paid because his ignorance was not due to a lack of due care and diligence.

  • National-insurance-contributions
  • Class-2-contributions
  • Late-payment
  • Due-care-and-diligence
  • Reliance-on-professional-advisers
  • State-pension-entitlement
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Social-security-law

DKV v Secretary of State for Work and Pensions

The Upper Tribunal set aside the First-tier Tribunal’s PIP decision for inadequate reasons on activity 4 and remitted the case for a fresh hearing.

  • Personal-independence-payment
  • Error-of-law
  • Tribunal-procedure
  • Tribunal-error-of-law
  • Social-security-appeal
  • Tribunal-reasons
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Social-security-law

WML v The Secretary of State for Work and Pensions

The Upper Tribunal held the claimant could not use regulation 6(2)(e) to backdate Income Support with SDP. The only ground was a change of circumstances requiring notification.

  • Income-support
  • Severe-disability-premium-(sdp)
  • Supersession-of-benefits-decisions
  • Notification-of-change-of-circumstances
  • European-convention-on-human-rights-(article-14,-a1p1)
  • Statutory-interpretation
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Administrative-law

NN v The Secretary of State for Defence

The Upper Tribunal held that the First-tier Tribunal erred in law when assessing an AFCS award and remitted the case for rehearing by a fresh panel.

  • Armed-forces-compensation-scheme
  • Error-of-law
  • Tribunal-procedure
  • Assessment-of-disability
  • Remittal
  • Tribunal-appeals
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Social-security-law

FED v The Secretary of State for Work and Pensions

The Upper Tribunal set aside the First-tier Tribunal’s PIP decision for errors of law and remitted the case for rehearing before a fresh tribunal.

  • Personal-independence-payment-(pip)
  • Mandatory-reconsideration
  • Official-error
  • Tribunal-procedure
  • Supersession-of-benefit-decisions
  • Personal-independence-payment
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Social-security-law

TU v Secretary of State for Work and Pensions

The Upper Tribunal allowed TU’s appeal over Universal Credit housing cost entitlement, found the First-tier Tribunal erred in law, and remitted the case for a fresh hearing.

  • Universal-credit
  • Housing-cost-element
  • Procedural-fairness
  • Disability-accommodation
  • Error-of-law
  • Social-security-appeals
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Social-security-law

CLO v Bolsover District Council & Anor

The Upper Tribunal held that the appellant became an owner of the property from 31 October 2014, so housing benefit stopped and the overpayment was recoverable.

  • Housing-benefit
  • Overpayment-recovery
  • Shared-ownership-tenancy
  • Tenants-in-common
  • Official-error
  • Tribunal-procedure
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Social-security-law

FYE v Middlesbrough City Council

The Upper Tribunal upheld findings that housing liabilities were contrived to take advantage of the housing benefit scheme, finding no material error of law.

  • Housing-benefit
  • Council-tax-benefit
  • Contrivance
  • Supported-accommodation
  • Exempt-accommodation
  • Administrative-law
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Administrative-law

Wilfred Rabone v Secretary of State for Defence

The Upper Tribunal dismissed a claim for compensation for COVID-19 and consequential tinnitus, holding the workplace occurrence of infection was not shown to exceed what would normally be expected.

  • Armed-forces-compensation
  • Exogenous-infection-exclusion
  • Covid-19-claims
  • Tinnitus-as-a-consequence-of-covid-19
  • Statutory-interpretation
  • Covid-19
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.